Washington § 64.90.582 - Fire-hardened building materials.

(1) The governing documents may not prohibit the installation, use, or maintenance of fire-hardened building materials so long as the fire-hardened building material meets applicable health and safety standards and requirements imposed by state and local permitting authorities.

(2) The governing documents may include reasonable rules regarding the design, dimensions, placement, or exterior appearance of fire-hardened building materials, provided that such rules:

(a) Do not prohibit the installation, use, or maintenance of fire-hardened building materials;

(b) Do not render the use of the fire-hardened building materials infeasible; and

(c) Allow for one or more reasonable options that:

(i) Meet applicable wildfire-resistant standards; and

(ii) Do not significantly increase the cost of the fire-hardened building materials.

(3) Nothing in this subsection confers upon a property owner the right to construct or place fire-hardened building materials on property that is:

(a) Owned by another person;

(b) Leased, except with permission of the lessor; or

(c) A common element of a common interest community.

(4) This section applies retroactively to a governing document in effect on June 11, 2026. A provision in a governing document in effect on June 11, 2026, that is inconsistent with this section is void and unenforceable.

(5) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

(a) "Fire-hardened building materials" means materials that meet one or more of the following criteria:

(i) The criteria for construction in wildland areas set forth in the most recent version of the International Wildland Urban Interface Code, or other code or standard enforced by the local jurisdiction;

(ii) The criteria for construction in wildland areas set forth in the most recent version of the NFPA standard 1140, "standard for wildland fire protection"; or

(iii) The requirements for a wildfire-prepared home established by the IBHS.

(b) "IBHS" means the insurance institute for business and home safety or its successor organization.

(c) "NFPA" means the national fire protection association or its successor organization.