2026-05-19 Council PSPHSP Committee Packet
Edmonds City Council Agenda
May 19, 2026
Posted: 5/15/2026 10:29 AM Page 1
Agenda
Edmonds City Council
Public Safety, Planning, Human Services,
and Personnel (PSPHSP) Committee
CITY COUNCIL CONFERENCE ROOM
121 - 5TH AVENUE N, EDMONDS, WA 98020
ZOOM: HTTPS://ZOOM.US/J/95798484261 PHONE: +1 253 215 8782 MEETING ID: 957 9848 4261
MAY 19, 2026, 4:30 PM
STAFF AND COUNCILMEMBERS ATTEND COMMITTEE MEETINGS VIRTUALLY, AND MEMBERS OF THE
PUBLIC ARE ENCOURAGED TO ATTEND THE SAME WAY.
IF MEMBERS OF THE PUBLIC CANNOT ACCESS THE VIRTUAL COMMITTEE MEETINGS WITH THEIR
PERSONAL DEVICES, A MONITOR IS PROVIDED AT THE CITY COUNCIL CONFERENCE ROOM AT 121
5TH AVE N, EDMONDS WA.
1. CALL TO ORDER
2. COMMITTEE BUSINESS
1. Ordinance Amending Authorized Employee Positions First Reading – Human Resources (10
minutes)
2. Water Quality Control Technician Job Description Revision First Reading – Public Works
and Utilities (5 minutes)
3. Introduction to Family Burial Grounds (HB 2239) First Reading – Planning and
Development Services (20 minutes)
4. Introduction to Code Amendments to Implement HB 1757 - Requirements for Regulating
New Housing in Existing Buildings First Reading – Planning and Development Services (15
minutes)
ADJOURNMENT
For disability accommodations, materials in alternate formats, accessibility information, or language interpretation/ translation needs, please
contact the City Clerk at 425-775-2525 at your earliest opportunity. Providing at least 72-hour notice will help ensure availability.
City Council Agenda Item 2.1
May 19, 2026 - Public Safety, Planning, Human Services, and Personnel
(PSPHSP) Committee
TITLE:Ordinance Amending Authorized Employee Positions (First Reading)
DEPARTMENT:Human Resources
PRESENTER:RaeAnn Duarte, HR Manager
NEEDED FROM COUNCIL:Action
RECOMMENDATION:Staff recommends moving the proposed Ordinance amending
Authorized Employee Positions and Pay Range to the 05/26/2026 City
Council Meeting consent agenda for adoption.
BUDGET:
Total Dollar Amount:N/A ☒ Approved in Budget
Fund(s):N/A ☐ Budget Reallocation Required
☐ No Budget Impact
PROBLEM/ISSUE STATEMENT:
City Council has approved several personnel changes that require amending Ordinance 4431 to reflect
changes to positions authorized to be filled.
CONTEXT, ANALYSIS, & ALTERNATIVES:
During the preparation of the 2024 budget, the City instituted Ordinance 4336 providing the employee
positions and pay ranges the Mayor is authorized to hire. This ordinance documents all positions with
job descriptions approved by Council, all positions the Mayor is authorized to fill, the maximum hiring
levels, and is organized by positions that are 66.6%-100% General Fund, 33.3% – 66.6% General Fund,
and 0% – 33.3% General Fund. Amendments to the ordinance will document Council’s approval of the
addition or reduction to positions. Most recently, City Council adopted Ordinance 4431 to reflect the
authorized employee positions and pay ranges that were were to be effective 1/1/2026 as approved in
the 2025-2026 Adopted Biennium budget.
The following changes have been approved by Council:
Decrease the FTE count for the Human Resources Assistant by 1.00 to 0.00; increase the FTE
count for the Human Resources Analyst iby 1.00, from 0.00 to 1.00;
Decrease the FTE count for the Administrative Assistant in the Administrative Services
Department by 1.00 to 0.00; increase the FTE count for the Senior Office Specialist by 1.00, from
0.00 to 1.00;
Decrease the WWTP Operator in the Public Works Department by 2.00, from 11.00 to 9.00;
increase the WWTP Supervisor by 2.00, from 1.00 to 3.00; and
Increase the Planning & Development’s Admin Assistants from 1.4 to 2.0.
Item 2.1
Packet pg. 2/66
RECOMMENDATION:
Staff recommends moving the proposed Ordinance amending Authorized Employee Positions and Pay
Range to the 05/26/2026 City Council Meeting consent agenda for adoption.
BUDGET IMPACTS:
N/A
ITEM HISTORY:
This is the first reading of the proposed Ordinance amending Authorized Employee Positions and Pay
Range.
ADDITIONAL INFORMATION:
N/A
ATTACHMENTS:
2026-5-12 Ordinance 4___
2026-5-12 Authorized Positions
2026-5-12 Authorized Irregular Positions
Item 2.1
Packet pg. 3/66
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING THE CITY'S AUTHORIZED EMPLOYEE POSITIONS AND
PAY RANGES AND REPEALING ORDINANCE 4431
WHEREAS, pursuant to RCW 35A. l 1.020, "[t]he legislative body of each code city shall
have power ... to define the functions, powers, and duties of its officers and employees; ..., to fix
the compensation and working conditions of such officers and employees ..."; and
WHEREAS, pursuant to RCW 35A.12.090, "[t]he mayor shall have the power of
appointment and removal of all appointive officers and employees;" and
WHEREAS, with respect to the employee positions that the mayor is authorized to hire,
this ordinance, as it may be amended from time-to-time, is intended to be the controlling
document; and
WHEREAS, previous versions of this ordinance were adopted with Ordinances 4336, 4344,
4359, 4362, 4381, 4386, 4387, 4388, 4390, 4391, 4403, 4409 and 4431; and
WHEREAS, a position that is listed in the exhibits to this ordinance while having an associated FTE
count of 0.0 indicates that the position description has been approved by the city council but that
the city council has not appropriated funds for the position or authorized it to be filled; and
WHEREAS, the city council intends to use this ordinance to establish the number and
types of employee positions, wage and salary rates and ranges for all the city's employees; and
WHEREAS, with this amendment, the city council intends to make the following changes
to the Full and Part-time Regular Employees list (Attachment A), 1) decrease the FTE count for
the Human Resources Assistant in the Human Resources Department by 1.00 to 0.00; 2) increase
the FTE count for the Human Resources Analyst in the Human Resources Department by 1.00,
from 0.00 to 1.00; 3) decrease the FTE count for the Administrative Assistant in the
Administrative Services Department by 1.00 to 0.00; 4) increase the FTE count for the Senior
Item 2.1
Packet pg. 4/66
Office Specialist by 1.00, from 0.00 to 1.00; 5) decrease the WWTP Operator in the Public Works
Department by 2.00, from 11.00 to 9.00; 6) increase the WWTP Supervisor by 2.00, from 1.00 to
3.00; and 7) increase the Planning & Development’s Admin Assistants from 1.4 to 2.0; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The number and titles of authorized Full-Time Equivalent employees (FTEs),
including full-time and part-time regular employees, shall be established at 251.05 FTEs, as
detailed in Attachment A, which is attached hereto and incorporated herein by this reference as
if set forth in full. The mayor is authorized to hire only those authorized positions shown on
Attachment A and only pursuant to the salary ranges shown therein.
Section 2. The number and titles of authorized Full-Time Equivalent employees (FTEs),
including full-time and part-time irregular employees, shall be established at 1.68 FTEs, as
detailed in Attachment B, which is attached hereto and incorporated herein by this reference as
if set forth in full. It is the intention that irregular positions are not benefit eligible and/or union
positions. At no time should the schedule of irregular positions into which employees are hired
be such that it would cause the position to become benefit eligible or covered by a union, unless
otherwise called out in a collective bargaining agreement. The mayor is authorized to hire only
those authorized positions shown on Attachment B and only pursuant to the salary ranges shown
therein.
Section 3. This ordinance shall apply and continue in effect until amended by subsequent
ordinance of the city council. Ordinances 4431 is hereby repealed.
Section 4. This ordinance, as it may be amended from time-to-time, shall be included as
an exhibit to every proposed and final budget book, PROVIDED THAT the city council need not
take annual action to re-adopt this ordinance unless it deems it necessary to change the number
and/or titles of authorized FTEs.
Item 2.1
Packet pg. 5/66
Section 5. This ordinance shall control in the event of any conflict between this ordinance
and the final budget book or any other action of the city council purporting to authorize the hiring
of employees. Nothing in this ordinance shall be construed to abrogate an existing obligation of
the City of Edmonds with regard to its various collective bargaining agreements.
Section 6. Severability. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
Section 7. Effective Date. This ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum and shall take effect five (5)
days after passage and publication of an approved summary thereof consisting of the title.
APPROVED:
MAYOR, MIKE ROSEN
ATTEST/AUTHENTICATE:
CITY CLERK, LUKE LONIE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARADAY
Item 2.1
Packet pg. 6/66
FILED WITH THE CITY CLERK:INSERT DATE
PASSED BY THE CITY COUNCIL:INSERT DATE
PUBLISHED:INSERT DATE
EFFECTIVE DATE:INSERT DATE
ORDINANCE NO:XXXX
Item 2.1
Packet pg. 7/66
SUMMARY OF ORDINANCE NO. ____
of the City of Edmonds, Washington
On the ____ day of ________, 20__, the City Council of the City of Edmonds, passed Ordinance
No. ____. A summary of the content of said ordinance, consisting of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING THE CITY'S AUTHORIZED EMPLOYEE POSITIONS AND
PAY RANGES AND REPEALING ORDINANCE 4431
The full text of this Ordinance will be mailed upon request.
DATED this ____ day of _______, 20__.
CITY CLERK, LUKE LONIE
Item 2.1
Packet pg. 8/66
Funded Position FTE Approved Change Revised Approved Grade Department Notes
66.6%-100% General
Fund (001) funded
Council President 1.00 - 1.00 25,291 Council
Council Members 6.00 - 6.00 21,076 Council
Legislative/Executive Assistant 1.00 - 1.00 NR-33 Council
Mayor 1.00 - 1.00 160,807 Mayor
City Administrator 1.00 - 1.00 NR-47 Mayor
Communications Strategist/Public Information Officer 1.00 - 1.00 NE-35 Mayor
Executive Assistant to the Mayor 1.00 - 1.00 NR-34 Mayor
City Clerk 1.00 - 1.00 NR-37 Mayor
Deputy City Clerk 1.00 - 1.00 NE-31 Mayor
Public Records Officer 1.00 - 1.00 NE-32 Mayor
Public Records Assistant - - - NE-30 Mayor
Human Resources Director 1.00 - 1.00 NR-44 Human Resources
Senior Human Resources Analyst 1.00 - 1.00 NR-34 Human Resources
Human Resources Analyst - 1.00 1.00 NR-32 Human Resources
Human Resources Assistant 1.00 (1.00) - NR-29 Human Resources
Human Resources Manager 1.00 - 1.00 NR-40 Human Resources
Judge 1.00 - 1.00 209,940 Court
Court Administrator 1.00 - 1.00 NR-43 Court
Assistant Court Administrator 1.00 - 1.00 NR-37 Court
Lead Court Clerk 1.00 - 1.00 NE-29 Court
Court Clerk 6.67 - 6.67 NE-28 Court
Probation Officer 1.00 - 1.00 NE-33 - NE-34 Court
Accounting Specialist 2.00 - 2.00 NE-30 - NE-31 Administrative Services
Administrative Assistant 1.00 (1.00) - NE-29 - NE-30 Administrative Services
Senior Office Specialist - 1.00 1.00 NE-25 Administrative Services
Police Chief 1.00 - 1.00 PD-03 Police
Police Assistant Chief 1.00 - 1.00 PD-02 Police
Executive Assistant Confidential II 1.00 - 1.00 NR-35 Police
Executive Assistant Confidential I 1.00 - 1.00 NR-33 Police
Safety & Disaster Coordinator - - - NR-34 Police
Police Commanders 2.00 - 2.00 PD-01 Police
Sergeant 8.00 - 8.00 NE-13 Police
Corporal 6.00 - 6.00 NE-12 Police
Police Officer 29.00 - 29.00 NE-9 - NE-11 Police
Police Crime Analyst - - - NE-11 Police
Animal Control/Ordinance Enforcement Officer 1.00 - 1.00 NE-10 - NE-11 Police
Parking Enforcement Officer - - - NE-6 Police
Police Services Assistant 4.00 - 4.00 NE-7 - NE-8 Police
Property Officer/Evidence Technician 1.00 - 1.00 NE-9 Police
Domestic Violence Coordinator 1.00 - 1.00 NE-10 Police
Administrative Assistant 0.75 - 0.75 NE-6 Police
Police Public Disclosure Specialist 1.00 - 1.00 NE-10 Police
Community Engagement/Crime Prevention Coordinator 1.00 - 1.00 NE-11 Police
Social Worker (LTE) 1.00 - 1.00 NR-32 Police
Community Services & Economic Development Director - - - NR-44 Community Services & Economic Development
Administrative Assistant - - - NE-29 - NE-30 Community Services & Economic Development
Diversity Commission Coordinator - - - x02 Community Services & Economic Development
Community Services Program Coordinator 1.00 - 1.00 NE-33 Planning & Development
Arts & Cultural Services Program Manager - - - NR-35 Planning & Development
Planning & Development Director 1.00 - 1.00 NR-44 Planning & Development
Code Enforcement Officer 1.00 - 1.00 NE-34 Planning & Development
Administrative Assistant 1.40 0.60 2.00 NE-29 - NE-30 Planning & Development Increase Admin Assistants to 2.0 FTE from 1.4 FTE
Building Official 1.00 - 1.00 NR-39 Planning & Development
Plans Examiner 2.00 - 2.00 NE-34 - NE-35 Planning & Development
Permit Program Manager 1.00 - 1.00 NR-32 Planning & Development
Combination Building Inspector 1.00 - 1.00 NE-33 - NE-35 Planning & Development
Permit Coordinator 2.00 - 2.00 NE-29 - NE-31 Planning & Development
Building Inspector 1.00 - 1.00 NE-33 Planning & Development
Planning Manager 1.00 - 1.00 NR-40 Planning & Development
Senior Planner 2.00 - 2.00 NR-35 Planning & Development
Associate Planner 2.00 - 2.00 NR-33 Planning & Development
Planner - - - NR-32 Planning & Development
Urban Forest Planner 1.00 - 1.00 NR-35 Planning & Development
Associate Transportation Planner 1.00 - 1.00 NR-33 Planning & Development
Parks, Recreation, and Human Services Director 1.00 - 1.00 NR-44 Parks & Recreation
Executive Assistant 1.00 - 1.00 NE-33 Parks & Recreation
Parks Maintenace Manager 1.00 - 1.00 NR-35 Parks & Recreation
Parks Maintenace Lead Worker 2.00 - 2.00 N Parks & Recreation
Parks Maintenance Worker 8.00 - 8.00 I - J Parks & Recreation
Reclassify HR Assistant to an HR Analyst
Unfund Admistrative Assistant and Fund Senior Office Specialist
Item 2.1
Packet pg. 9/66
Seasonal Parks Maintenance Laborer - - - B Parks & Recreation
Field Arborist 1.00 - 1.00 J Parks & Recreation
Parks Maintenance Mechanic 1.00 - 1.00 K Parks & Recreation
Deputy Parks & Recreation Services Director 1.00 - 1.00 NR-41 Parks & Recreation
Recreation Supervisor 1.00 - 1.00 NR-35 Parks & Recreation
Recreation Coordinator 2.00 - 2.00 NE-33 Parks & Recreation
Environmental Education & Sustainability Coordinator 0.50 - 0.50 NE-34 Parks & Recreation
Senior Office Specialist 1.00 - 1.00 NE-25 Parks & Recreation
Program Assistant - - - NE-27 Parks & Recreation
Recreation Leader - - - NE-23 Parks & Recreation
Interpretive Specialist - - - NE-23 Parks & Recreation
Youth Commission Coordinator - - - H13 Parks & Recreation
Human Services Program Manager 1.00 - 1.00 NE-36 Parks & Recreation
Front Desk Receptionist 0.50 - 0.50 NE-21 Parks & Recreation
Facilities Manager 1.00 - 1.00 NR-38 Public Works
Lead Custodian 1.00 - 1.00 H Public Works
Custodian 5.00 - 5.00 D - E Public Works
City Electrician 1.00 - 1.00 N Public Works
Lead Building Maintenance Operator 0.06 - 0.06 M Public Works
Building Maintenance Operator 3.00 - 3.00 J Public Works
Total FTE count for positions that are 66.6%-100% General Fund (001) funded 145.88 0.60 146.48
33.3%-66.6% General
Fund (001) funded
Accountant 3.00 - 3.00 NE-36 - NE-37 Administrative Services
Finance Director 1.00 - 1.00 NR-44 Administrative Services
Deputy Administrative Services Director - - - NR-41 Administrative Services
Public Works Director 1.00 - 1.00 NR-45 Public Works
Executive Assistant 1.00 - 1.00 NE-33 Public Works
Total FTE count for positions that are 33.3%-66.6% General Fund (001) funded 6.00 - 6.00
0%-33.3% General
Fund (001) funded
Accountant 1.00 - 1.00 NE-36 - NE-37 Administrative Services
Accounting Specialist 2.00 - 2.00 NE-30 - NE-31 Administrative Services
Information Services Manager 1.00 - 1.00 NR-41 Information Services
Information Systems Specialist 1.00 - 1.00 NE-35 - NE-36 Information Services
GIS Analyst 1.00 - 1.00 NE-35 - NE-36 Information Services
Systems Support Technician 2.00 - 2.00 NE-32 Information Services
Web Systems Analyst - - - NE-33 Information Services
SCADA Systems Specialist 1.00 - 1.00 New Position Information Services
Park Planner and Capital Projects Manager 1.00 - 1.00 NR-36 Parks & Recreation
Cemetery Sexton 1.00 - 1.00 L Parks & Recreation
Parks Maintenance Worker 2.00 - 2.00 I - J Parks & Recreation
Seasonal Parks Maintenance Laborer 2.32 - 2.32 B Parks & Recreation
Cultural Arts Program Specialist 1.00 - 1.00 NE-29 Planning & Development
Administrative Assistant 1.00 - 1.00 NE-29 - NE-30 Public Works
Deputy Director of Public Works & Utilities/City Engineer 1.00 - 1.00 NR-43 Public Works
Administrative Assistant 1.00 - 1.00 NE-29 - NE-30 Public Works
Public Works Record Administrator 1.00 - 1.00 NE-29 Public Works
Capital Projects Manager 5.00 - 5.00 NR-36 Public Works
Transportation Engineer 1.00 - 1.00 NR-39 Public Works
Senior Construction Inspector 1.00 - 1.00 NE-35 Public Works
Senior Utilities Engineer 1.00 - 1.00 NR-41 Public Works
Stormwater Engineer 1.00 - 1.00 NR-38 Public Works
Stormwater Technician 1.00 - 1.00 NE-32 - NE-33 Public Works
Associate Engineer 1.00 - 1.00 NR-33 Public Works
Engineering Program Manager II 1.00 - 1.00 NR-38 Public Works
Engineering Technician 4.00 - 4.00 NE-30 - NE-34 Public Works
Permit Coordinator 0.50 - 0.50 NE-29 - NE-31 Public Works
Sewer Maintenance/GIS Worker 1.00 - 1.00 New, No Grade available Public Works
Environmental Program Specialist 1.00 - 1.00 NR-33 Public Works
Street/Storm Manager 1.00 - 1.00 NR-40 Public Works
Stormwater Maintenance Lead Worker 1.00 - 1.00 N Public Works
Senior Storm GIS Technician/Maintenance Worker 1.00 - 1.00 K Public Works
Storm Maintenance Worker 6.00 - 6.00 I - J Public Works
Street Maintenance Lead Worker 1.00 - 1.00 N Public Works
Traffic Control Technician 1.00 - 1.00 L Public Works
Senior Street Maintenance Worker-Cement Finisher 2.00 - 2.00 K Public Works
Street/Storm Maintenance Worker 5.00 - 5.00 I - J Public Works
Utility Locator 1.00 - 1.00 New, No Grade available Public Works
Water/Sewer Manager 1.00 - 1.00 NR-40 Public Works
Water Maintenance Lead Worker 1.00 - 1.00 N Public Works
Item 2.1
Packet pg. 10/66
Water Maintenance Worker 5.00 - 5.00 I - J Public Works
Water Meter Reader 2.00 - 2.00 E - F Public Works
Water Quality Control Technician 1.00 - 1.00 L Public Works
Sewer Maintenance Lead Worker 1.00 - 1.00 N Public Works
Sewer Maintenance Worker 6.00 - 6.00 I - K Public Works
Asset/Project Management Specialist 1.00 - 1.00 NR-36 Public Works
WWTP Manager 1.00 - 1.00 NR-41 Public Works
Office Coordinator 1.00 - 1.00 NE-30 Public Works
WWTP Pre-Treatment Technician 1.00 - 1.00 K Public Works
WWTP Water Quality Analyst 1.00 - 1.00 N Public Works
WWTP Instrument Technician/Plant Electrician 1.00 - 1.00 L - N Public Works
WWTP Plant Supervisor 1.00 2.00 3.00 NR-37 Public Works
WWTP Operator 11.00 (2.00) 9.00 J-N Public Works
WWTP Maintenance Mechanic 2.00 - 2.00 J -N Public Works
Fleet Manager 1.00 - 1.00 NR-37 Public Works
Fleet Mechanic 3.00 - 3.00 K - M Public Works
Total FTE count for positions that are 0%-33.3% General Fund (001) funded 98.82 - 98.82
Total All City "Regular" FTE Count 250.70 0.60 251.30
Unfund two WWTP Operator positons, and Fund two additional WWTP Supervisors
Item 2.1
Packet pg. 11/66
Department Title Pay Grade # of FTE's approved Change Revised Approved
Parks Facility Attendant H-06 0.40 - 0.40
Parks Front Desk Receptionist H-08 0.24 - 0.24
Parks Day Camp Assistant H-07 0.75 - 0.75
Parks Ranger Naturalist H-09 - - -
Planning and Development Front Desk Receptionist H-08 - - -
Engineering Engineering Intern H-09 - - -
Public Works Seasonal Street Department Laborer H-08 - - -
General/Non-Specified Temporary Officer Worker H-07 - - -
General/Non-Specified Intern H-09 - - -
General/Non-Specified Temporary Project Specialist H-16 - - -
Information Services Audio Visual Assistant H-13 - - -
Municipal Court Pro Tem Judge H-21 0.29 - 0.29
1.68 - 1.68
Full Time and Part Time Irregular Employees
2026 "Irregular" FTEs
Item 2.1
Packet pg. 12/66
City Council Agenda Item 2.2
May 19, 2026 - Public Safety, Planning, Human Services, and Personnel
(PSPHSP) Committee
TITLE:Water Quality Control Technician Job Description Revision (First
Reading)
DEPARTMENT:Public Works and Utilities
PRESENTER:Andrew Rheaume, Public Works and Utilities Director
NEEDED FROM COUNCIL:Action
RECOMMENDATION:Move to schedule the revised Water Quality Control Technician job
description on the consent agenda for approval at the May 26, 2026
City Council meeting.
BUDGET:
Total Dollar Amount:0 ☐ Approved in Budget
Fund(s):N/A ☐ Budget Reallocation Required
☒ No Budget Impact
PROBLEM/ISSUE STATEMENT:
The Public Works & Utilities Department, Water Division, has a vacancy for Water Quality Control
Technician. In evaluating the current job duties of this role, this position no longer requires a
Commercial Drivers License (CDL).
CONTEXT, ANALYSIS, & ALTERNATIVES:
The Public Works & Utilities Department, Water Division, has a need to fill the vacant Water Quality
Control Technician. In reviewing the current roles and responsibilities of this position, it has been
determined that a Commercial Drivers License (CDL) is no longer necessary. Water Quality Control
Technicians in Western Washington seldom have both a CDL and the Washington State water
certifications required and experience for this position.
RECOMMENDATION:
Move to schedule the revised Water Quality Control Technician job description on the consent agenda
for approval at the May 26, 2026 City Council meeting.
BUDGET IMPACTS:
N/A
ITEM HISTORY:
This is the first reading of the request to revise the Water Quality Control Technician job description.
ADDITIONAL INFORMATION:
N/A
Item 2.2
Packet pg. 13/66
ATTACHMENTS:
Water Quality Control Technician Job Description with proposed changes in tracked changes.
Item 2.2
Packet pg. 14/66
Water Quality Control Technician Last Reviewed 06/06/2024
Last Revised: 06/2013
City of
EDMONDS
Washington
Water Quality Control Technician
Department:Public Works – Water/Sewer Pay Grade:L
Bargaining Unit:Teamsters FLSA Status:Non-exempt
Revised Date:June 2013 Reports To:Water/Sewer Manager
POSITION PURPOSE: Under general direction, performs a variety of duties to maintain water quality within the
City of Edmonds water system; takes water samples to ensure water quality; inspects for cross connections;
maintains the City’s water sampling plans; provides customer assistance; responds to inquiries and complaints;
performs maintenance and operation duties; organizes and maintains associated records; manages the Cross
Connection Control Program for the City; responds to water emergencies as needed.
ESSENTIAL FUNCTIONS AND RESPONSIBILITIES:
The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees
in this classification, only a representative summary of the primary duties and responsibilities. Incumbent(s) may
not be required to perform all duties listed and may be required to perform additional, position-specific duties.
Coordinates the City’s Water Quality Program to ensure compliance with state and federal regulations;
takes monthly bacteriological, quarterly Trihalomethanes (TTHM), and Haloacetic acids (HAA5) samples
for disinfectant byproduct monitoring requirements.
Takes other samples as required to comply with water quality monitoring requirements of the City of
Edmonds.
Maintains current knowledge of rules and regulations related to the Safe Drinking Water Act and
coordinates the City’s Cross Connection Program to ensure compliance with the State WAC
Regulations.
Performs all cross connection inspections; ensures all customers cross connections control assemblies
are tested on an annual basis and updates entries for cross connection control files and database.
Performs plan reviews regarding Cross Connection Control issues and interacts with Building Officials
and Engineering Division regarding Cross Connection Control issues.
Inspects and investigates cross connection problems and reviews new building cross-connections.
Maintains water quality filing systems and computer records; performs monthly reservoir inspections
and chlorine residual sampling of tanks and performs monthly disinfectant residual reports for the
Department of Health.
Coordinates meter repair and testing and monitors and maintains the meter shop inventory and record
keeping.
Prepares reports for submittal to regulatory agencies; investigates and diagnoses customer problems
and complaints related to water quality, taste, color and odor issues; flushes water mains to replenish
water quality.
Item 2.2
Packet pg. 15/66
JOB DESCRIPTION Page 2 of 5
Water Quality Control Technician
Water Quality Control Technician Last Reviewed 06/06/2024
Last Revised: 06/2013
Responds to inquiries and complaints regarding water quality problems; ensures that the most important
inquiries get responded to immediately and that all inquiries are responded to in a timely manner, treating
customers with courtesy, patience, understanding and respect.
Ensures that documentation of inquiries and responses are recorded and filed with the City’s office
personnel.
Develops and updates the Annual Water Quality Report and prepares the Annual Summary Report for
Cross Connection Control.
Assist in providing direction and training of staff related to water quality and cross connection control.
Attends, participates and serves as a City representative at other agency meetings; assists other crews
as needed; performs other duties as requested or directed.
Responds to emergency call-outs as necessary or directed
Required Knowledge of:
Operations, services and activities of a City Public Works Department.
State and City codes, IAPMO Uniform Plumbing Code and other related regulations and ordinances
regarding cross-connection control practices and public notification requirements.
State regulations regarding water distribution systems including the Safe Drinking Water Act.
Meter test equipment and cross-connection control devices, meter repair parts and backflow prevention
assemblies with proper applications.
Cross Connection Control and USC Cross Connection Manuals.
Current and updated safety and health standards and regulations.
Technical aspects of field of specialty.
Structure, organization and inter-relationships of city departments, agencies and related governmental
agencies and offices affecting assigned functions.
Effective oral and written communication principles and practices to include customer service.
Record keeping and report preparation.
Modern office procedures, methods, and equipment including computers and computer applications
sufficient to accomplish work assignments.
English usage, spelling, grammar and punctuation.
Principles of business letter writing.
Required Skill in:
Ensuring the quality of customer’s drinking water is safe.
Performing various tests and samples including chlorination residual and fluoride tests, bacterial
coliform, lead and copper sampling.
Reading water sampling test equipment.
Organizing, coordinating and performing cross-connection testing.
Overseeing meter repair and testing.
Reading and interpreting blueprints and schematics.
Performing field inspections.
Analyzing situations accurately and adopting and effective courses of action.
Item 2.2
Packet pg. 16/66
JOB DESCRIPTION Page 3 of 5
Water Quality Control Technician
Water Quality Control Technician Last Reviewed 06/06/2024
Last Revised: 06/2013
Planning and organizing work and meeting schedules and time lines.
Interpreting and applying applicable federal, state, and local policies, laws and regulations.
Monitoring and practicing safe work practices.
Utilizing personal computer software programs and other relevant software affecting assigned work.
Establishing and maintaining effective working relationships with staff, management, vendors, outside
agencies, community groups and the general public.
Compiling and preparing a variety of records, files and reports.
Communicating effectively verbally and in writing, including public relations and customer service.
MINIMUM QUALIFICATIONS:
Education and Experience:
High School Diploma/GED Certificate and three years of direct work experience in water distribution,
water testing, and sampling of the water supply; that includes two years of experience working with cross
connection control; OR an equivalent combination of education, training and experience.
Required Licenses or Certifications:
Valid State of Washington Driver’s License. with a C class A CDL with airbrake and tanker endorsement
preferred.
Water Distribution 2 Manager certification within one year of date of hire.
Cross Connection Control Specialist Certification.
Washington State Backflow Assembly Tester Certification upon hire.
Valid CPR, First Aid, AED, and Bloodborne Pathogen Cards.
Other specialty certifications/licenses as required by state and federal law and/or OSHA and WAC
regulations may be required within a specified period of time after hire.
Must be able to successfully complete and pass a background check.
Mandatory drug test subject to conditional job offer.
WORKING CONDITIONS:
Environment:
Indoor and outdoor work environment.
Driving a vehicle to conduct work.
Physical Abilities
Walking or otherwise moving over rough terrain.
Sitting, standing or otherwise remaining in a stationary position for extended periods of time.
Hearing, speaking or otherwise communicating to exchange information in person or on the phone.
Operating various equipment and tools.
Reaching overhead, above the shoulders and horizontally, bending at the waist, gripping, kneeling or
crouching, stooping, crouching, reaching, pushing, pulling and twisting or otherwise positioning oneself
to accomplish tasks.
Item 2.2
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JOB DESCRIPTION Page 4 of 5
Water Quality Control Technician
Water Quality Control Technician Last Reviewed 06/06/2024
Last Revised: 06/2013
Ascending/descending, ladders and inclines.
Working at heights, working on a high ladder and working in a confined space.
Working over water, working alone and working in remote locations.
Working in a noisy work area, working in direct sunlight, working in outside temperature extremes and
working in dampness.
Heavy physical labor including lifting/carrying or otherwise moving or transporting 50-100 pounds.
Operating a passenger vehicle, heavy truck, and heavy equipment and rotating machinery.
Reading and understanding printed and electronic messages and related materials.
Hearing voice conversation and hearing alarms.
Possessing close vision, far vision, side vision, depth perception, night vision and color vision.
Ability to wear appropriate personal protective equipment based on required City Policy.
Hazards:
Working around and with machinery having moving parts.
Adverse weather conditions.
Working in and around moving traffic.
Exposure to smoke, noxious odors, toxic fumes and chemicals, epoxy chemicals, poison oak or ivy, dust
or pollen, insect stings solvents, oil and ink.
Working in a cramped or restrictive work chamber.
Incumbent Signature: Date:
Item 2.2
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JOB DESCRIPTION Page 5 of 5
Water Quality Control Technician
Water Quality Control Technician Last Reviewed 06/06/2024
Last Revised: 06/2013
Department Head: Date:
Item 2.2
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City Council Agenda Item 2.3
May 19, 2026 - Public Safety, Planning, Human Services, and Personnel
(PSPHSP) Committee
TITLE:Introduction to Family Burial Grounds (HB 2239) (First Reading)
DEPARTMENT:Planning and Development Services
PRESENTER:Mike Clugston
NEEDED FROM COUNCIL:Informational
RECOMMENDATION:Move to full Council for further discussion on May 26.
BUDGET:
Total Dollar Amount:0 ☐ Approved in Budget
Fund(s):0 ☐ Budget Reallocation Required
☒ No Budget Impact
PROBLEM/ISSUE STATEMENT:
House Bill 2239, passed by the Washington State Legislature in March 2026, amends state laws
regarding the disposition of human remains to allow for the creation of family burial grounds on private
property. The legislation takes effect on June 11, 2026 and will apply to all jurisdictions in Washington,
including the City of Edmonds.
CONTEXT, ANALYSIS, & ALTERNATIVES:
CONTEXT
The Legislature first discussed family burial grounds in 2023 when the House passed HB 1037. That bill
was not signed into law but the topic was taken up again during subsequent sessions and the current
law was signed on March 24, 2026. Staff only became aware of the legislation in late April.
ANALYSIS
The following key provisions of HB 2239 apply throughout Washington State:
•Family Burial Grounds: By definition, "family burial ground" means an area of privately owned
land that is designated for the interment of human remains, and in which interments may be,
but are not required to be, restricted to a group of persons who are related to each other by
birth, marriage, or adoption. The definition includes mausoleums and columbaria constructed
on a family burial ground.
•Local Regulation: Cities are authorized to enact ordinances regulating or prohibiting the
establishment of family burial grounds.
•No Fees Allowed: A property owner may not offer plots at a family burial ground for sale or
charge fees in connection with the burials.
Item 2.3
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•Dimensional Minimums: Family burial grounds cannot comprise more than 10% of the parcel on
which it is located and must be set back at least 25 feet from any property line, 100 feet from
public rights-of-way or access easements, and 150 feet from designated critical areas.
•Construction: A mausoleum, columbarium or similar structure must be built to Class A fireproof
construction. [In Edmonds, that structure would be considered to be a detached accessory
structure with a maximum height of 15 feet.]
•Reporting: Within 30 days of internment, the property owner would have to record the
internment with the Snohomish County Auditor as well as the Department of Archeology and
Historic Preservation.
•Relocation: Remains may be relocated to or from cemeteries and family burial grounds with
appropriate permissions.
•Disclosure: Before selling a property with a family burial ground, the property owner must
inform buyers and disclose the existence of the family burial ground in the seller's disclosure
statement.
•Remediation: Property owners must remediate, at their own expense, any violations of
provisions regarding the construction of structures within the burial ground.
ALTERNATIVES
Possible alternatives for consideration include:
•Alternative 1 – Allow family burial grounds in Edmonds and default to the dimensional
restrictions provided in HB 2293.
•Alternative 2 – Allow family burial grounds in Edmonds and use the requirements in HB 2293 as
a base and add additional restrictions appropriate to Edmonds 2 (ex. restrict to nonsubdividable
parcels only).
•Alternative 3 – Ban family burial grounds in the City of Edmonds.
•Alternative 4 – Adopt a moratorium on the creation of family burial grounds for 6 months (1
year with a workplan) to allow time for public input before selecting an alternative to build
permanent regulations around.
If either of Alternatives 1 - 3 are selected by Council, interim code language could quickly be crafted for
adoption by interim ordinance on June 2 or by emergency interim ordinance on June 9, prior to June 11
when HB 2239 takes effect. The six-month period that the interim ordinance would be valid would
allow sufficient time to move the topic through the standard Planning Board/Council process to receive
public input prior to writing and adopting permanent regulations. Staff does not recommend
Alternative 4 as either Alternatives 1 – 3 achieve the same public input objective.
RECOMMENDATION:
Move to full Council for further discussion on May 26.
BUDGET IMPACTS:
None
ITEM HISTORY:
This is a new topic.
Item 2.3
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ADDITIONAL INFORMATION:
A summary of the bill is included as Attachment 1 while the session law is in Attachment 2.
Attachment 3 is a very rough map to give some idea of where family burial grounds might be able to be
located in one area of Edmonds using the base dimensional standards in HB 2239, including lack of
critical areas. The parcels with red clouds are potentially subdividable while the parcels with blue clouds
are not – those parcels are simply large enough to satisfy the dimensional standards.
If family burial grounds are allowed in Edmonds, it may make sense to distinguish between subdividable
and nonsubdividable parcels since subdividable parcels will certainly be redeveloped in the future. That
said, any of the parcels on the map could now host up to two detached accessory dwelling units so
further development on all of the parcels on the map could be expected in the future, regardless of
whether they are subdividable.
While family burial grounds would seem reasonable on larger, rural, parcels such as farms that have
been family-owned for generations, it is uncertain why the Legislature also provided for them in more
dense urban areas. Council will need to consider whether family burial grounds will restrict future infill
housing opportunities and whether that is consistent with the goals, policies and targets for housing in
the Comprehensive Plan, including for middle housing and ADUs.
ATTACHMENTS:
Attachment 1 – Bill Summary HB 2239 (2026)
Attachment 2 – Session Law HB 2239 (2026)
Attachment 3 – Sample Vicinity Map
Item 2.3
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FINAL BILL REPORT
SHB 2239
C 173 L 26
Synopsis as Enacted
Brief Description: Providing Washingtonians and their loved ones with location choices for
interment of remains.
Sponsors: House Committee on Civil Rights & Judiciary (originally sponsored by
Representatives Abell, Bernbaum, Chase, Simmons, Walsh, Burnett and Engell).
House Committee on Civil Rights & Judiciary
Senate Committee on Law & Justice
Background:
Disposition of Human Remains on Private Land.
State law defines "human remains" as the body of a deceased person, in any stage of
decomposition, as well as the remains following cremation, alkaline hydrolysis, or natural
organic reduction.
Disposition of human remains after cremation, alkaline hydrolysis, or natural organic
reduction may occur on private lands with the consent of the property owner. Otherwise, it
is a misdemeanor to dispose of any human remains in any place except a building dedicated
exclusively for religious purposes or a cemetery, such as a burial park for earth interments,
a mausoleum for crypt interments, and a columbarium for permanent niche interments.
State Law Governing Private Cemeteries.
Private cemeteries are governed as "cemetery authorities," meaning entities that either hold
a certificate of authority from the Funeral and Cemetery Board (Board) or operate
cemeteries that are outside the Board's jurisdiction.
In order to operate a private cemetery, an individual or legal entity must form a corporation
and obtain a cemetery license from the Board, which administers and enforces state law
related to operations of cemeteries. A private cemetery is subject to various requirements
related to cemetery property and endowment care fund requirements.
This analysis was prepared by non-partisan legislative staff for the use of legislative
members in their deliberations. This analysis is not part of the legislation nor does it
constitute a statement of legislative intent.
SHB 2239- 1 -House Bill Report
Item 2.3
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Relocation of Human Remains from a Cemetery Plot.
Human remains may be removed from a cemetery plot with the consent of the cemetery
authority and the written consent of a surviving family member of the decedent in the
following order: surviving spouse or state-registered domestic partner; surviving children;
surviving parents; and surviving siblings. If the required consent cannot be obtained,
permission from the superior court is sufficient.
Local Government Regulation of Private Cemeteries.
In addition to state law, private cemeteries may be subject to local regulations.
Tax Exemptions for Cemeteries.
All lands, buildings, and personal property used exclusively for public burial grounds or
cemeteries that do not discriminate based on race, color, national origin, or ancestry are
exempt from taxation.
The Washington State Department of Archaeology and Historic Preservation.
The Washington State Department of Archaeology and Historic Preservation (DAHP) is
responsible for the study and preservation of the state's archaeological and historical
resources. State law requires the DAHP to maintain a centralized database and geographic
information systems spatial layer of all known cemeteries and burial sites in Washington.
Summary:
Establishing a Family Burial Ground.
A natural person may designate an area of land the person owns as a "family burial ground,"
defined as an area of private land designated for the burial of human remains, and in which
interment may be, but is not required to be, restricted to a group of persons who are related
to each other by birth, marriage, or adoption. "Family burial ground" includes any
mausoleums or columbaria constructed on a family burial ground.
If a property is co-owned by two or more persons, written consent of all co-owners is
required before a family burial ground may be established on the property. A family burial
ground may not be established on property co-owned by a combination of natural persons
and legal entities.
A family burial ground may not comprise more than 10 percent of the parcel and is subject
to specified setback requirements. The property owner may not offer plots in the family
burial ground for sale or charge fees in connection with the burials. Before selling the
property, the property owner must inform buyers and disclose the existence of the family
burial ground in the seller's disclosure statement.
Mausoleums and Columbaria on a Family Burial Ground.
A mausoleum, columbarium, or similar structure constructed on a family burial ground
SHB 2239- 2 -House Bill Report
Item 2.3
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must be constructed with such material and workmanship as to ensure its durability and
permanence and must be of class A fireproof construction. A mausoleum, columbarium, or
similar structure must also be constructed and installed in compliance with all applicable
building permitting laws, public health laws, and laws governing class A construction. A
violation of these requirements is a civil infraction.
Reporting Interments in a Family Burial Ground.
Within 30 days of an interment in the family burial ground, the owner must record the
interment with the county auditor and provide specified information about the deceased
person and the location of the grave, mausoleum, or columbarium. The property owner
must also report each interment to the DAHP.
Relocation of Human Remains from a Family Burial Ground.
A property owner may relocate human remains from a family burial ground on their
property with the written consent of one of the following surviving family members of the
decedent, in the order named: surviving spouse or state-registered domestic partner;
surviving children; surviving parents; or surviving siblings. The consenting family member
has the right to designate another lawful place for disposition of human remains in which
the relocated human remains will be reinterred.
If the property owner is unable to obtain consent for relocation of remains from a surviving
family member, the property owner may petition the superior court for an order authorizing
the relocation. In cases where the relocation is authorized by the superior court, the
property owner has the right to designate another lawful place in which the relocated
remains will be reinterred. However, in designating a place, the property owner must make
all reasonable efforts to consult with any surviving family members.
Upon obtaining the required consent or court authorization, the property owner must obtain
a permit from the DAHP to disinter the human remains from the family burial ground and to
reinter the remains in another lawful place.
Local Government Regulation of Family Burial Grounds.
Cities and counties are authorized to enact ordinances regulating or prohibiting the
establishment of family burial grounds. Cities, towns, and counties must prescribe local
procedures to ensure the owner of the property on which a family burial ground is located
remediates, at the owner's expense, any violation of the provisions governing the
construction and installation of mausoleums, columbaria, and similar structures on a family
burial ground.
Other Provisions.
Family burial grounds are included as a lawful place for disposition of human remains,
along with cemeteries. Family burial grounds are also exempt from the cemetery licensing
requirement and are not subject to the authority of the Board.
SHB 2239- 3 -House Bill Report
Item 2.3
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The tax exemption for public burial grounds and cemeteries does not apply to family burial
grounds.
Votes on Final Passage:
House 96 0
Senate 46 2 (Senate amended)
House 96 0 (House concurred)
Final Passage Votes
Effective:June 11, 2026
January 1, 2027 (Section 20)
SHB 2239- 4 -House Bill Report
Item 2.3
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CERTIFICATION OF ENROLLMENT
SUBSTITUTE HOUSE BILL 2239
Chapter 173, Laws of 2026
69th Legislature
2026 Regular Session
FAMILY BURIAL GROUNDS
EFFECTIVE DATE: June 11, 2026—Except for section 20, which takes
effect January 1, 2027.
Passed by the House March 12, 2026
Yeas 96 Nays 0
LAURIE JINKINS
Speaker of the House of
Representatives
Passed by the Senate March 6, 2026
Yeas 46 Nays 2
DENNY HECK
President of the Senate
CERTIFICATE
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
State of Washington, do hereby
certify that the attached is
SUBSTITUTE HOUSE BILL 2239 as
passed by the House of
Representatives and the Senate on
the dates hereon set forth.
BERNARD DEAN
Chief Clerk
Approved March 24, 2026 10:23 AM FILED
March 25, 2026
BOB FERGUSON
Governor of the State of Washington
Secretary of State
State of Washington
Item 2.3
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AN ACT Relating to recognizing individual and family connectivity 1
with the land by providing Washingtonians and their loved ones with 2
the option to have their remains interred in a family burial ground; 3
amending RCW 7.80.120, 68.04.060, 68.04.080, 68.04.100, 68.05.400, 4
68.20.010, 68.20.140, 68.50.130, and 84.36.020; reenacting and 5
amending RCW 64.06.020; adding a new section to chapter 68.04 RCW; 6
adding a new section to chapter 68.28 RCW; adding a new section to 7
chapter 43.334 RCW; adding a new chapter to Title 68 RCW; creating a 8
new section; prescribing penalties; and providing an effective date.9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:10
NEW SECTION. Sec. 1. It is the intent of the legislature to 11
enable creation of family burial grounds on privately owned property 12
in order to provide greater flexibility and options for individuals 13
in choosing where to be interred.14
It is further the intent of the legislature to honor and support 15
individual and family connectivity with the land.16
NEW SECTION. Sec. 2. (1) A natural person may designate an area 17
of land owned by the person as a family burial ground.18
SUBSTITUTE HOUSE BILL 2239
AS AMENDED BY THE SENATE
Passed Legislature - 2026 Regular Session
State of Washington 69th Legislature 2026 Regular Session
By House Civil Rights & Judiciary (originally sponsored by
Representatives Abell, Bernbaum, Chase, Simmons, Walsh, Burnett, and
Engell)
READ FIRST TIME 02/04/26.
p. 1 SHB 2239.SL
Item 2.3
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(2) If a property is co-owned by two or more natural persons, a 1
family burial ground may be established on the property only with the 2
3 written consent of all co-owners of the property.
(3) A family burial ground may not be established on any property 4
co-owned by a combination of natural persons and legal entities.5
(4) A family burial ground must be set back at least 25 feet from 6
an existing parcel boundary and may not be established:7
(a) Within 150 feet of a designated critical area, as defined in 8
RCW 36.70A.0309 ;
(b) Within 100 feet of the property line of a public right-of-way 10
11 or boundary of an easement; or
(c) Within 100 feet of an existing well source used for drinking 12
water or 200 feet of an existing spring source used for drinking 13
14 water.
(5) A family burial ground may not comprise greater than 10 15
percent of the area of the parcel upon which it is established.16
NEW SECTION. Sec. 3. (1)(a) A mausoleum, columbarium, or 17
similar structure constructed on a family burial ground and used or 18
intended to be used for interments of human remains must comply with 19
the requirements of this section, whether constructed under or above 20
the surface of the earth, where any portion of the building is 21
exposed to view, or, when interment is completed, is less than three 22
feet below the surface of the earth and covered by earth.23
(b) A building on a family burial ground not erected for or not 24
used as a place for interment of human remains which is converted or 25
26 altered to such use is subject to this section.
(2) A building or structure constructed on a family burial ground 27
and intended to be used for interment of human remains:28
(a) Must be of class A fireproof construction and constructed 29
with such material and workmanship as to ensure its durability and 30
permanence as dictated and determined by most current mausoleum 31
32 construction and engineering science; and
(b) Must be constructed and installed on the family burial ground 33
in compliance with all applicable local building permitting laws, 34
public health laws, and laws governing class A construction.35
(3) Any person who violates this section commits a civil 36
infraction enforceable according to chapter 7.80 RCW and is subject 37
to a monetary penalty of $500. A notice of civil infraction may be 38
issued by a local law enforcement officer or a local public health 39
p. 2 SHB 2239.SL
Item 2.3
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official if after investigation it has reasonable cause to believe an 1
infraction has been committed. Cities, towns, and counties shall 2
prescribe local procedures to ensure the owner of the property on 3
which the burial ground is located remediates any violation of this 4
5 section at the owner's expense.
NEW SECTION. Sec. 4. The owner of the property on which a 6
family burial ground is located may not:7
(1) Offer for sale plots in the family burial ground or space in 8
a mausoleum or columbarium located on the family burial ground; or9
(2) Charge fees for any goods or services provided by the owner 10
in connection with interment of human remains in the family burial 11
12 ground.
NEW SECTION. Sec. 5. Within 30 days of each interment in a 13
family burial ground, the owner of the property on which a family 14
burial ground is located shall report the interment to the Washington 15
state department of archaeology and historic preservation and record 16
every interment with the county auditor of the county in which the 17
land is situated. The owner shall report to the department and record 18
19 with the county auditor:
(1) The deceased person's name as it appears on the death 20
21 certificate;
(2) The deceased person's date of birth as it appears on the 22
23 death certificate;
(3) The deceased person's date of death as it appears on the 24
25 death certificate;
(4) The name of the owner or owners and the legal description of 26
the property, including the assessor parcel number, where the human 27
28 remains are interred; and
(5) The latitude and longitude coordinates of the grave, 29
mausoleum, or columbarium, such as those given by a global 30
positioning system, that are verified by two witnesses or the county 31
coroner, sheriff, or a designee of the county coroner or sheriff.32
NEW SECTION. Sec. 6. Before the sale of the property on which a 33
family burial ground is located, the owner of the property shall 34
disclose to the prospective buyer the existence of the family burial 35
ground and any mausoleums or columbaria erected on the family burial 36
ground.37
p. 3 SHB 2239.SL
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NEW SECTION. Sec. 7. (1)(a) The owner of the property on which 1
a family burial ground is located may relocate human remains from the 2
family burial ground with the written consent of one of the following 3
surviving family members, in the order named:4
(i) The surviving spouse or state registered domestic partner of 5
6 the decedent;
(ii)7 The surviving children of the decedent;
(iii) The surviving parents of the decedent; or8
(iv)9 The surviving siblings of the decedent.
(b) The surviving family member who gives consent to relocate 10
human remains from the family burial ground has the right to 11
designate another lawful place for disposition of human remains in 12
which the relocated human remains will be reinterred.13
(2) If the property owner is unable to obtain the required 14
consent from any surviving family member specified in subsection (1) 15
16 of this section:
(a) The property owner may petition the superior court of the 17
county in which the family burial ground is situated for an order 18
authorizing the relocation of human remains from the family burial 19
20 ground; and
(b) The property owner has the right to designate another lawful 21
place for disposition of human remains in which the relocated human 22
remains will be reinterred. In designating a place to reinter the 23
remains, the property owner shall make all reasonable efforts to 24
consult with any surviving family members of the person whose remains 25
26 will be relocated from the family burial ground.
(3) Upon obtaining the required consent or court authorization, 27
the owner of the property must notify the Washington state department 28
of archaeology and historic preservation and obtain a permit from the 29
department to disinter the human remains from the family burial 30
ground and to reinter the human remains in another lawful place for 31
32 disposition of human remains.
(4) The owner of the property on which a family burial ground is 33
located is responsible for all costs associated with disinterring 34
human remains from the family burial ground and reinterring the 35
remains in another lawful place for disposition of human remains.36
NEW SECTION. Sec. 8. Cities and counties are authorized to 37
enact ordinances regulating or prohibiting the establishment of 38
family burial grounds or the extension of existing family burial 39
p. 4 SHB 2239.SL
Item 2.3
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grounds and to give power to local planning commissions to pass upon 1
and make recommendations to local legislative bodies concerning the 2
establishment or extension of family burial grounds.3
Sec. 9. RCW 7.80.120 and 2024 c 286 s 2 are each amended to read 4
as follows:5
(1) A person found to have committed a civil infraction shall be 6
assessed a monetary penalty.7
(a) The maximum penalty and the default amount for a class 1 8
civil infraction shall be $250, not including statutory assessments, 9
except for an infraction of state law involving (i) potentially 10
dangerous litter as specified in RCW 70A.200.060(((4))) (5), in which 11
case the maximum penalty and default amount is $500; ((or)) (ii) a 12
person's refusal to submit to a test or tests pursuant to RCW 13
79A.60.040 and 79A.60.700, in which case the maximum penalty and 14
default amount is $1,000; ((or)) (iii) the misrepresentation of 15
service animals under RCW 49.60.214, in which case the maximum 16
penalty and default amount is $500; ((or)) (iv) untraceable firearms 17
pursuant to RCW 9.41.326 or unfinished frames or receivers pursuant 18
to RCW 9.41.327, in which case the maximum penalty and default amount 19
is $500; ((or)) (v) the failure to report the loss or theft of a 20
firearm under RCW 9.41.368, in which case the maximum penalty and 21
default amount is $1,000; or (vi) unlawful construction of a 22
mausoleum or columbarium on a family burial ground, as provided in 23
section 3 of this act, in which case the penalty is $500;24
(b) The maximum penalty and the default amount for a class 2 25
civil infraction shall be $125, not including statutory assessments;26
(c) The maximum penalty and the default amount for a class 3 27
civil infraction shall be $50, not including statutory assessments; 28
and29
(d) The maximum penalty and the default amount for a class 4 30
civil infraction shall be $25, not including statutory assessments.31
(2) The supreme court shall prescribe by rule the conditions 32
under which local courts may exercise discretion in assessing fines 33
for civil infractions.34
(3) Whenever a monetary penalty is imposed by a court under this 35
chapter it is immediately payable. If the person is unable to pay at 36
that time the court may grant an extension of the period in which the 37
penalty may be paid. If the penalty is not paid on or before the time 38
established for payment, the court may proceed to collect the penalty 39
p. 5 SHB 2239.SL
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in the same manner as other civil judgments and may notify the 1
2 prosecuting authority of the failure to pay.
(4) The court may also order a person found to have committed a 3
4 civil infraction to make restitution.
Sec. 10. RCW 68.04.060 and 1979 c 21 s 2 are each amended to 5
6 read as follows:
"Mausoleum" means a structure or building for the entombment of 7
human remains in crypts (1) in a place used, or intended to be used, 8
and dedicated, for cemetery purposes, or (2) on a family burial 9
ground established pursuant to chapter 68.--- RCW (the new chapter 10
created in section 22 of this act)11 .
Sec. 11. RCW 68.04.080 and 2019 c 432 s 5 are each amended to 12
13 read as follows:
"Columbarium" means a structure, room, or other space in a 14
building or structure containing niches for permanent placement of 15
human remains (1) in a place used, or intended to be used, and 16
dedicated, for cemetery purposes, or (2) on a family burial ground 17
established pursuant to chapter 68.--- RCW (the new chapter created 18
in section 22 of this act)19 .
Sec. 12. RCW 68.04.100 and 2005 c 365 s 32 are each amended to 20
21 read as follows:
"Interment" means the placement of human remains in a cemetery or 22
family burial ground23 .
NEW SECTION. Sec. 13. A new section is added to chapter 68.04 24
RCW25 to read as follows:
"Family burial ground" means an area of privately owned land that 26
is designated pursuant to chapter 68.--- RCW (the new chapter created 27
in section 22 of this act) for the interment of human remains, and in 28
which interments may be, but are not required to be, restricted to a 29
group of persons who are related to each other by birth, marriage, or 30
adoption. "Family burial ground" includes any mausoleums or 31
32 columbaria constructed on a family burial ground.
Sec. 14. RCW 68.05.400 and 1979 c 21 s 13 are each amended to 33
34 read as follows:
p. 6 SHB 2239.SL
Item 2.3
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The provisions of this chapter do not apply to any of the 1
following:2
(1) Nonprofit cemeteries which are owned or operated by any 3
recognized religious denomination which qualifies for an exemption 4
from real estate taxation under RCW 84.36.020 on any of its churches 5
or the ground upon which any of its churches are or will be built; 6
((or))7
(2) Any cemetery controlled and operated by a coroner, county, 8
city, town, or cemetery district; or9
(3) A family burial ground established pursuant to chapter 68.--- 10
RCW (the new chapter created in section 22 of this act).11
Sec. 15. RCW 68.20.010 and 1943 c 247 s 42 are each amended to 12
read as follows:13
((It)) Except as otherwise provided in chapter 68.--- RCW (the 14
new chapter created in section 22 of this act), it is unlawful for 15
any corporation, copartnership, firm, trust, association, or 16
individual to engage in or transact any of the businesses of a 17
cemetery within this state except by means of a corporation duly 18
organized for that purpose.19
Sec. 16. RCW 68.20.140 and 1987 c 331 s 33 are each amended to 20
read as follows:21
(1) This chapter does not apply to any cemetery controlled and 22
operated by a coroner, county, city, town, or cemetery district.23
(2) This chapter does not apply to any family burial ground 24
established pursuant to chapter 68.--- RCW (the new chapter created 25
in section 22 of this act).26
NEW SECTION. Sec. 17. A new section is added to chapter 68.28 27
RCW to read as follows:28
This chapter does not apply to mausoleums and columbaria 29
constructed on a family burial ground established pursuant to chapter 30
68.--- RCW (the new chapter created in section 22 of this act).31
Sec. 18. RCW 68.50.130 and 2019 c 432 s 21 are each amended to 32
read as follows:33
Every person who performs a disposition of any human remains, 34
except as otherwise provided by law, in any place, except in a 35
cemetery, a family burial ground, or a building dedicated exclusively 36
p. 7 SHB 2239.SL
Item 2.3
Packet pg. 34/66
for religious purposes, is guilty of a misdemeanor. Disposition of 1
human remains following cremation, alkaline hydrolysis, or natural 2
organic reduction may also occur on private property, with the 3
consent of the property owner; and on public or government lands or 4
waters with the approval of the government agency that has either 5
jurisdiction or control, or both, of the lands or waters.6
Sec. 19. RCW 84.36.020 and 2022 c 84 s 1 are each amended to 7
read as follows:8
The following real and personal property shall be exempt from 9
taxation:10
(1)(a) All lands, buildings, and personal property required for 11
necessary administration and maintenance, used, or to the extent 12
used, exclusively for public burying grounds or cemeteries without 13
discrimination as to race, color, national origin or ancestry;14
(b) The exemption provided by this subsection (1) does not apply 15
to family burial grounds established pursuant to chapter 68.--- RCW 16
(the new chapter created in section 22 of this act);17
(2)(a) All churches, personal property, and the ground, not 18
exceeding five acres in area, upon which a church of any nonprofit 19
recognized religious denomination is or must be built, together with 20
a parsonage, convent, and buildings and improvements required for the 21
maintenance and safeguarding of such property. The area exempted must 22
in any case include all ground covered by the church, parsonage, 23
convent, and buildings and improvements required for the maintenance 24
and safeguarding of such property and the structures and ground 25
necessary for street access, parking, light, and ventilation, but the 26
area of unoccupied ground exempted in such cases, in connection with 27
church, parsonage, convent, and buildings and improvements required 28
for the maintenance and safeguarding of such property, shall not 29
exceed the equivalent of one hundred twenty by one hundred twenty 30
feet except where additional unoccupied land may be required to 31
conform with state or local codes, zoning, or licensing requirements. 32
The parsonage and convent need not be on land contiguous to the 33
church property. Except as otherwise provided in this subsection, to 34
be exempt the property must be wholly used for church purposes.35
(b) If the rental income or donations, if applicable, are 36
reasonable and do not exceed the maintenance and operation expenses 37
attributable to the portion of the property loaned or rented, the 38
exemption provided by this subsection (2) is not nullified by:39
p. 8 SHB 2239.SL
Item 2.3
Packet pg. 35/66
(i) The loan or rental of property otherwise exempt under this 1
subsection (2) to a nonprofit organization, association, or 2
corporation, or school to conduct an eleemosynary activity;3
(ii) The rental or use of the property by any individual, group, 4
or entity, where such rental or use is not otherwise authorized by 5
this subsection (2), for not more than fifty days in each calendar 6
year, and the property is not used for pecuniary gain or to promote 7
business activities for more than fifteen of the fifty days in each 8
calendar year. The fifty and fifteen-day limitations provided in this 9
subsection (2)(b)(ii) do not include days during which setup and 10
takedown activities take place immediately preceding or following a 11
meeting or other event by an individual, group, or entity using the 12
property as provided in this subsection (2)(b)(ii). The 15-day and 13
50-day limitations provided in this subsection (2)(b)(ii) do not 14
apply to the use of the property for pecuniary gain or for business 15
activities if the property is used for activities related to a 16
qualifying farmers market, as defined in RCW 66.24.170, and all 17
income received from rental or use of the exempt property is used for 18
capital improvements to the exempt property, maintenance and 19
operation of the exempt property, or exempt purposes. The exempt 20
property may be used for up to 53 days for the purposes of a 21
qualifying farmers market; or22
(iii) An inadvertent use of the property in a manner inconsistent 23
with the purpose for which exemption is granted, if the inadvertent 24
use is not part of a pattern of use. A pattern of use is presumed 25
when an inadvertent use is repeated in the same assessment year or in 26
two or more successive assessment years.27
Sec. 20. RCW 64.06.020 and 2021 c 256 s 3 and 2021 c 25 s 1 are 28
each reenacted and amended to read as follows:29
(1) In a transaction for the sale of improved residential real 30
property, the seller shall, unless the buyer has expressly waived the 31
right to receive the disclosure statement under RCW 64.06.010, or 32
unless the transfer is otherwise exempt under RCW 64.06.010, deliver 33
to the buyer a completed seller disclosure statement in the following 34
format and that contains, at a minimum, the following information:35
INSTRUCTIONS TO THE SELLER36
Please complete the following form. Do not leave any spaces blank. If 37
the question clearly does not apply to the property write "NA." If 38
p. 9 SHB 2239.SL
Item 2.3
Packet pg. 36/66
the answer is "yes" to any * items, please explain on attached 1
sheets. Please refer to the line number(s) of the question(s) when 2
you provide your explanation(s). For your protection you must date 3
and sign each page of this disclosure statement and each attachment. 4
Delivery of the disclosure statement must occur not later than five 5
business days, unless otherwise agreed, after mutual acceptance of a 6
written contract to purchase between a buyer and a seller.7
NOTICE TO THE BUYER8
THE FOLLOWING DISCLOSURES ARE MADE BY SELLER ABOUT THE CONDITION OF 9
THE PROPERTY LOCATED AT. . . . . . . . . . . . . . . . . . . . . . . 10
("THE PROPERTY"), OR AS LEGALLY DESCRIBED ON ATTACHED EXHIBIT A.11
SELLER MAKES THE FOLLOWING DISCLOSURES OF EXISTING MATERIAL FACTS OR 12
MATERIAL DEFECTS TO BUYER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE 13
PROPERTY AT THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. 14
UNLESS YOU AND SELLER OTHERWISE AGREE IN WRITING, YOU HAVE THREE 15
BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS 16
DISCLOSURE STATEMENT TO YOU TO RESCIND THE AGREEMENT BY DELIVERING A 17
SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO SELLER OR 18
SELLER'S AGENT. IF THE SELLER DOES NOT GIVE YOU A COMPLETED 19
DISCLOSURE STATEMENT, THEN YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR 20
TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT.21
THE FOLLOWING ARE DISCLOSURES MADE BY SELLER AND ARE NOT THE 22
REPRESENTATIONS OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. THIS 23
INFORMATION IS FOR DISCLOSURE ONLY AND IS NOT INTENDED TO BE A PART 24
OF ANY WRITTEN AGREEMENT BETWEEN BUYER AND SELLER.25
FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF 26
THIS PROPERTY YOU ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF 27
QUALIFIED EXPERTS TO INSPECT THE PROPERTY, WHICH MAY INCLUDE, WITHOUT 28
LIMITATION, ARCHITECTS, ENGINEERS, LAND SURVEYORS, PLUMBERS, 29
ELECTRICIANS, ROOFERS, BUILDING INSPECTORS, ON-SITE WASTEWATER 30
TREATMENT INSPECTORS, OR STRUCTURAL PEST INSPECTORS. THE PROSPECTIVE 31
BUYER AND SELLER MAY WISH TO OBTAIN PROFESSIONAL ADVICE OR 32
INSPECTIONS OF THE PROPERTY OR TO PROVIDE APPROPRIATE PROVISIONS IN A 33
CONTRACT BETWEEN THEM WITH RESPECT TO ANY ADVICE, INSPECTION, DEFECTS 34
OR WARRANTIES.35
Seller . . . . is/ . . . . is not occupying the property.36
37 I. SELLER'S DISCLOSURES:
p. 10 SHB 2239.SL
Item 2.3
Packet pg. 37/66
1
2
3
*If you answer "Yes" to a question with an asterisk (*), please explain your
answer and attach documents, if available and not otherwise publicly recorded. If
necessary, use an attached sheet.
4 1. TITLE
5
6
[ ] Yes [ ] No [ ] Don't know A. Do you have legal authority to sell
the property? If no, please explain.
7
8
[ ] Yes [ ] No [ ] Don't know *B. Is title to the property subject to
any of the following?
9 (1) First right of refusal
10 (2) Option
11 (3) Lease or rental agreement
12 (4) Life estate?
13
14
15
[ ] Yes [ ] No [ ] Don't know *C. Are there any encroachments,
boundary agreements, or boundary
disputes?
16
17
[ ] Yes [ ] No [ ] Don't know *D. Is there a private road or easement
agreement for access to the property?
18
19
20
21
[ ] Yes [ ] No [ ] Don't know *E. Are there any rights-of-way,
easements, or access limitations that
may affect the Buyer's use of the
property?
22
23
24
[ ] Yes [ ] No [ ] Don't know *F. Are there any written agreements
for joint maintenance of an easement
or right-of-way?
25
26
27
[ ] Yes [ ] No [ ] Don't know *G. Is there any study, survey project,
or notice that would adversely affect
the property?
28
29
[ ] Yes [ ] No [ ] Don't know *H. Are there any pending or existing
assessments against the property?
30
31
32
33
34
[ ] Yes [ ] No [ ] Don't know *I. Are there any zoning violations,
nonconforming uses, or any unusual
restrictions on the property that would
affect future construction or
remodeling?
35
36
[ ] Yes [ ] No [ ] Don't know *J. Is there a boundary survey for the
property?
p. 11 SHB 2239.SL
Item 2.3
Packet pg. 38/66
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
[ ] Yes [ ] No [ ] Don't know *K. Are there any covenants,
conditions, or restrictions recorded
against the property?
NOTICE TO THE BUYER:
Covenants or deed restrictions based
on race, creed, sexual orientation, or
other protected class were voided by
RCW 49.60.224 and are
unenforceable. Washington law allows
for the illegal language to be struck by
bringing an action in superior court or
by the free recording of a restrictive
covenant modification document.
Many county auditor websites provide
a short form with instructions on this
process.
17 2. WATER
18 A. Household Water
19
20
21
22
23
24
25
(1) The source of water for the
property is:
[ ] Private or publicly owned
water system
[ ] Private well serving only the
subject property . . . . . .
*[ ] Other water system
26
27
[ ] Yes [ ] No [ ] Don't know *If shared, are there any written
agreements?
28
29
30
31
[ ] Yes [ ] No [ ] Don't know *(2) Is there an easement
(recorded or unrecorded) for
access to and/or maintenance of
the water source?
32
33
[ ] Yes [ ] No [ ] Don't know *(3) Are there any problems or
repairs needed?
34
35
36
37
[ ] Yes [ ] No [ ] Don't know (4) During your ownership, has
the source provided an adequate
year-round supply of potable
water? If no, please explain.
p. 12 SHB 2239.SL
Item 2.3
Packet pg. 39/66
1
2
3
4
[ ] Yes [ ] No [ ] Don't know *(5) Are there any water
treatment systems for the
property? If yes, are they
[ ] Leased [ ] Owned
5
6
7
8
9
[ ] Yes [ ] No [ ] Don't know *(6) Are there any water rights
for the property associated with
its domestic water supply, such as
a water right permit, certificate,
or claim?
10
11
12
13
[ ] Yes [ ] No [ ] Don't know (a) If yes, has the water right
permit, certificate, or claim been
assigned, transferred, or
changed?
14
15
16
17
*(b) If yes, has all or any portion
of the water right not been used
for five or more successive
years?
18
19
20
[ ] Yes [ ] No [ ] Don't know *(7) Are there any defects in the
operation of the water system
(e.g. pipes, tank, pump, etc.)?
21 B. Irrigation Water
22
23
24
25
[ ] Yes [ ] No [ ] Don't know (1) Are there any irrigation water
rights for the property, such as a
water right permit, certificate, or
claim?
26
27
28
29
[ ] Yes [ ] No [ ] Don't know *(a) If yes, has all or any portion
of the water right not been used
for five or more successive
years?
30
31
32
[ ] Yes [ ] No [ ] Don't know *(b) If so, is the certificate
available? (If yes, please attach a
copy.)
33
34
35
36
[ ] Yes [ ] No [ ] Don't know *(c) If so, has the water right
permit, certificate, or claim been
assigned, transferred, or
changed?
p. 13 SHB 2239.SL
Item 2.3
Packet pg. 40/66
1
2
3
4
5
6
[ ] Yes [ ] No [ ] Don't know *(2) Does the property receive
irrigation water from a ditch
company, irrigation district, or
other entity? If so, please identify
the entity that supplies water to
the property:
7 C. Outdoor Sprinkler System
8
9
[ ] Yes [ ] No [ ] Don't know (1) Is there an outdoor sprinkler
system for the property?
10
11
[ ] Yes [ ] No [ ] Don't know *(2) If yes, are there any defects
in the system?
12
13
14
[ ] Yes [ ] No [ ] Don't know *(3) If yes, is the sprinkler
system connected to irrigation
water?
15
16
3. SEWER/ON-SITE SEWAGE
SYSTEM
17
18
19
20
21
22
23
A. The property is served by:
[ ] Public sewer system,
[ ] On-site sewage system (including
pipes, tanks, drainfields, and all other
component parts)
[ ] Other disposal system, please
describe:
24
25
26
27
[ ] Yes [ ] No [ ] Don't know B. If public sewer system service is
available to the property, is the house
connected to the sewer main? If no,
please explain.
28
29
30
31
32
[ ] Yes [ ] No [ ] Don't know *C. Is the property subject to any
sewage system fees or charges in
addition to those covered in your
regularly billed sewer or on-site
sewage system maintenance service?
33
34
D. If the property is connected to an
on-site sewage system:
p. 14 SHB 2239.SL
Item 2.3
Packet pg. 41/66
1
2
3
4
5
[ ] Yes [ ] No [ ] Don't know *(1) Was a permit issued for its
construction, and was it approved
by the local health department or
district following its
construction?
6 (2) When was it last pumped?
7 . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
9
10
[ ] Yes [ ] No [ ] Don't know *(3) Are there any defects in the
operation of the on-site sewage
system?
11 [ ] Don't know (4) When was it last inspected?
12 . . . . . . . . . . . . . . . . . . . . . . . . . . .
13 By whom: . . . . . . . . . . . . . . . . . .
14
15
16
[ ] Don't know (5) For how many bedrooms was
the on-site sewage system
approved?
17 . . . . . . . . . . . . . . . . . . bedrooms
18
19
20
21
[ ] Yes [ ] No [ ] Don't know E. Are all plumbing fixtures, including
laundry drain, connected to the
sewer/on-site sewage system? If no,
please explain: . . . . . . . . . . . . . . . . . .
22
23
[ ] Yes [ ] No [ ] Don't know *F. Have there been any changes or
repairs to the on-site sewage system?
24
25
26
27
28
[ ] Yes [ ] No [ ] Don't know G. Is the on-site sewage system,
including the drainfield, located
entirely within the boundaries of the
property? If no, please explain.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
29
30
31
32
33
[ ] Yes [ ] No [ ] Don't know *H. Does the on-site sewage system
require monitoring and maintenance
services more frequently than once a
year?
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
34
35
36
37
38
NOTICE: IF THIS RESIDENTIAL REAL PROPERTY DISCLOSURE
STATEMENT IS BEING COMPLETED FOR NEW CONSTRUCTION WHICH
HAS NEVER BEEN OCCUPIED, THE SELLER IS NOT REQUIRED TO
COMPLETE THE QUESTIONS LISTED IN ITEM 4. STRUCTURAL OR
ITEM 5. SYSTEMS AND FIXTURES
p. 15 SHB 2239.SL
Item 2.3
Packet pg. 42/66
1 4. STRUCTURAL
2
3
[ ] Yes [ ] No [ ] Don't know *A. Has the roof leaked within the last
five years?
4
5
[ ] Yes [ ] No [ ] Don't know *B. Has the basement flooded or
leaked?
6
7
[ ] Yes [ ] No [ ] Don't know *C. Have there been any conversions,
additions, or remodeling?
8
9
[ ] Yes [ ] No [ ] Don't know *(1) If yes, were all building
permits obtained?
10
11
[ ] Yes [ ] No [ ] Don't know *(2) If yes, were all final
inspections obtained?
12
13
[ ] Yes [ ] No [ ] Don't know D. Do you know the age of the house?
If yes, year of original construction:
14
15
16
[ ] Yes [ ] No [ ] Don't know *E. Has there been any settling,
slippage, or sliding of the property or
its improvements?
17
18
19
[ ] Yes [ ] No [ ] Don't know *F. Are there any defects with the
following: (If yes, please check
applicable items and explain.)
20 □ Foundations □ Decks □ Exterior Walls
21 □ Chimneys □ Interior Walls □ Fire Alarm
22 □ Doors □ Windows □ Patio
23 □ Ceilings □ Slab Floors □ Driveways
24 □ Pools □ Hot Tub □ Sauna
25 □ Sidewalks □ Outbuildings □ Fireplaces
26 □ Garage Floors □ Walkways □ Siding
27 □ Other □ Woodstoves □ Elevators
28
29
□ Incline Elevators □ Stairway Chair
Lifts
□ Wheelchair Lifts
30
31
32
33
[ ] Yes [ ] No [ ] Don't know *G. Was a structural pest or "whole
house" inspection done? If yes, when
and by whom was the inspection
completed? . . . . . . . . . . . . . . . . . . . . .
34
35
36
[ ] Yes [ ] No [ ] Don't know H. During your ownership, has the
property had any wood destroying
organism or pest infestation?
37 [ ] Yes [ ] No [ ] Don't know I. Is the attic insulated?
p. 16 SHB 2239.SL
Item 2.3
Packet pg. 43/66
1 [ ] Yes [ ] No [ ] Don't know J. Is the basement insulated?
2 5. SYSTEMS AND FIXTURES
3
4
5
6
*A. If any of the following systems or
fixtures are included with the transfer,
are there any defects? If yes, please
explain.
7
8
9
[ ] Yes [ ] No [ ] Don't know Electrical system, including
wiring, switches, outlets, and
service
10
11
12
[ ] Yes [ ] No [ ] Don't know Plumbing system, including
pipes, faucets, fixtures, and
toilets
13 [ ] Yes [ ] No [ ] Don't know Hot water tank
14 [ ] Yes [ ] No [ ] Don't know Garbage disposal
15 [ ] Yes [ ] No [ ] Don't know Appliances
16 [ ] Yes [ ] No [ ] Don't know Sump pump
17 [ ] Yes [ ] No [ ] Don't know Heating and cooling systems
18
19
[ ] Yes [ ] No [ ] Don't know Security system
[ ] Owned [ ] Leased
20 Other . . . . . . . . . . . . . . . . . . . . . .
21
22
23
24
*B. If any of the following fixtures or
property is included with the transfer,
are they leased? (If yes, please attach
copy of lease.)
25 [ ] Yes [ ] No [ ] Don't know Security system . . . . . .
26 [ ] Yes [ ] No [ ] Don't know Tanks (type): . . . . . .
27
28
[ ] Yes [ ] No [ ] Don't know Satellite dish . . . . . .
Other: . . . . . .
29
30
31
*C. Are any of the following kinds of
wood burning appliances present at
the property?
32 [ ] Yes [ ] No [ ] Don't know (1) Woodstove?
33 [ ] Yes [ ] No [ ] Don't know (2) Fireplace insert?
34 [ ] Yes [ ] No [ ] Don't know (3) Pellet stove?
35 [ ] Yes [ ] No [ ] Don't know (4) Fireplace?
p. 17 SHB 2239.SL
Item 2.3
Packet pg. 44/66
1
2
3
4
5
6
7
[ ] Yes [ ] No [ ] Don't know If yes, are all of the (1)
woodstoves or (2) fireplace
inserts certified by the U.S.
Environmental Protection
Agency as clean burning
appliances to improve air quality
and public health?
8
9
10
11
12
[ ] Yes [ ] No [ ] Don't know D. Is the property located within a
city, county, or district or within a
department of natural resources fire
protection zone that provides fire
protection services?
13
14
15
16
17
18
[ ] Yes [ ] No [ ] Don't know E. Is the property equipped with
carbon monoxide alarms?
(Note: Pursuant to RCW 19.27.530,
seller must equip the residence with
carbon monoxide alarms as required
by the state building code.)
19
20
21
22
23
24
25
[ ] Yes [ ] No [ ] Don't know F. Is the property equipped with
smoke detection devices?
(Note: Pursuant to RCW 43.44.110, if
the property is not equipped with at
least one smoke detection device, at
least one must be provided by the
seller.)
26
27
[ ] Yes [ ] No [ ] Don't know G. Does the property currently have
internet service?
28 [ ] Don't know Provider . . . . . .
29
30
31
6. HOMEOWNERS'
ASSOCIATION/COMMON
INTERESTS
p. 18 SHB 2239.SL
Item 2.3
Packet pg. 45/66
1
2
3
4
5
6
7
8
9
[ ] Yes [ ] No [ ] Don't know A. Is there a Homeowners'
Association? Name of Association and
contact information for an officer,
director, employee, or other authorized
agent, if any, who may provide the
association's financial statements,
minutes, bylaws, fining policy, and
other information that is not publicly
available:
10
11
[ ] Yes [ ] No [ ] Don't know B. Are there regular periodic
assessments:
12
13
$ . . . per [ ] Month [ ] Year
[ ] Other . . . . . . . . . . . . . . . . . . . . . . .
14
15
[ ] Yes [ ] No [ ] Don't know *C. Are there any pending special
assessments?
16
17
18
19
20
21
22
[ ] Yes [ ] No [ ] Don't know *D. Are there any shared "common
areas" or any joint maintenance
agreements (facilities such as walls,
fences, landscaping, pools, tennis
courts, walkways, or other areas co-
owned in undivided interest with
others)?
23 7. ENVIRONMENTAL
24
25
26
27
[ ] Yes [ ] No [ ] Don't know *A. Have there been any flooding,
standing water, or drainage problems
on the property that affect the property
or access to the property?
28
29
30
[ ] Yes [ ] No [ ] Don't know *B. Does any part of the property
contain fill dirt, waste, or other fill
material?
31
32
33
34
[ ] Yes [ ] No [ ] Don't know *C. Is there any material damage to
the property from fire, wind, floods,
beach movements, earthquake,
expansive soils, or landslides?
35
36
37
[ ] Yes [ ] No [ ] Don't know D. Are there any shorelines, wetlands,
floodplains, or critical areas on the
property?
p. 19 SHB 2239.SL
Item 2.3
Packet pg. 46/66
1
2
3
4
5
6
7
[ ] Yes [ ] No [ ] Don't know *E. Are there any substances,
materials, or products in or on the
property that may be environmental
concerns, such as asbestos,
formaldehyde, radon gas, lead-based
paint, fuel or chemical storage tanks,
or contaminated soil or water?
8
9
[ ] Yes [ ] No [ ] Don't know *F. Has the property been used for
commercial or industrial purposes?
10
11
[ ] Yes [ ] No [ ] Don't know *G. Is there any soil or groundwater
contamination?
12
13
14
15
16
17
[ ] Yes [ ] No [ ] Don't know *H. Are there transmission poles or
other electrical utility equipment
installed, maintained, or buried on the
property that do not provide utility
service to the structures on the
property?
18
19
[ ] Yes [ ] No [ ] Don't know *I. Has the property been used as a
legal or illegal dumping site?
20
21
[ ] Yes [ ] No [ ] Don't know *J. Has the property been used as an
illegal drug manufacturing site?
22
23
24
[ ] Yes [ ] No [ ] Don't know *K. Are there any radio towers in the
area that cause interference with
cellular telephone reception?
25
26
27
[ ] Yes [ ] No [ ] Don't know L. Does the property include a family
burial ground, mausoleum, or
columbarium?
28
29
8. MANUFACTURED AND
MOBILE HOMES
30
31
If the property includes a
manufactured or mobile home,
32
33
34
[ ] Yes [ ] No [ ] Don't know *A. Did you make any alterations to
the home? If yes, please describe the
alterations: . . . . . . . . . .
35
36
[ ] Yes [ ] No [ ] Don't know *B. Did any previous owner make any
alterations to the home?
p. 20 SHB 2239.SL
Item 2.3
Packet pg. 47/66
1
2
3
[ ] Yes [ ] No [ ] Don't know *C. If alterations were made, were
permits or variances for these
alterations obtained?
4
5
9. FULL DISCLOSURE BY
SELLERS
6 A. Other conditions or defects:
7
8
9
[ ] Yes [ ] No [ ] Don't know *Are there any other existing material
defects affecting the property that a
prospective buyer should know about?
10 B. Verification:
11
12
13
14
15
16
17
18
19
20
The foregoing answers and attached
explanations (if any) are complete and
correct to the best of my/our
knowledge and I/we have received a
copy hereof. I/we authorize all of
my/our real estate licensees, if any, to
deliver a copy of this disclosure
statement to other real estate licensees
and all prospective buyers of the
property.
21 DATE . . . . . . . . . SELLER . . . . . . . . . . . . SELLER . . . . . . . . . . . . . . .
22 NOTICE TO THE BUYER
23
24
25
26
27
INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY
BE OBTAINED FROM LOCAL LAW ENFORCEMENT AGENCIES. THIS
NOTICE IS INTENDED ONLY TO INFORM YOU OF WHERE TO OBTAIN
THIS INFORMATION AND IS NOT AN INDICATION OF THE PRESENCE
OF REGISTERED SEX OFFENDERS.
28 II. BUYER'S ACKNOWLEDGMENT
29
30
31
32
A.Buyer hereby acknowledges that: Buyer has a duty to pay
diligent attention to any material defects that are known to
Buyer or can be known to Buyer by utilizing diligent
attention and observation.
33
34
35
B.The disclosures set forth in this statement and in any
amendments to this statement are made only by the Seller
and not by any real estate licensee or other party.
p. 21 SHB 2239.SL
Item 2.3
Packet pg. 48/66
1
2
3
4
C.Buyer acknowledges that, pursuant to RCW 64.06.050(2),
real estate licensees are not liable for inaccurate
information provided by Seller, except to the extent that
real estate licensees know of such inaccurate information.
5
6
7
D.This information is for disclosure only and is not intended
to be a part of the written agreement between the Buyer
and Seller.
8
9
10
11
E.Buyer (which term includes all persons signing the
"Buyer's acceptance" portion of this disclosure statement
below) has received a copy of this Disclosure Statement
(including attachments, if any) bearing Seller's signature.
DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED BY 12
SELLER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME 13
SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS BUYER AND SELLER 14
OTHERWISE AGREE IN WRITING, BUYER SHALL HAVE THREE BUSINESS DAYS FROM 15
THE DAY SELLER OR SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT 16
TO RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN 17
STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT. YOU MAY WAIVE 18
THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU ENTER INTO A SALE 19
AGREEMENT.20
BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE 21
STATEMENT AND ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN ARE THOSE 22
OF THE SELLER ONLY, AND NOT OF ANY REAL ESTATE LICENSEE OR OTHER 23
PARTY.24
DATE . . . . . . . BUYER . . . . . . . . . BUYER. . . . . . . . . . 25
(2) If the disclosure statement is being completed for new 26
construction which has never been occupied, the disclosure statement 27
is not required to contain and the seller is not required to complete 28
the questions listed in item 4. Structural or item 5. Systems and 29
Fixtures.30
(3) The seller disclosure statement shall be for disclosure only, 31
and shall not be considered part of any written agreement between the 32
buyer and seller of residential property. The seller disclosure 33
statement shall be only a disclosure made by the seller, and not any 34
real estate licensee involved in the transaction, and shall not be 35
construed as a warranty of any kind by the seller or any real estate 36
licensee involved in the transaction.37
p. 22 SHB 2239.SL
Item 2.3
Packet pg. 49/66
NEW SECTION. Sec. 21. A new section is added to chapter 43.334 1
RCW to read as follows:2
The Washington state department of archaeology and historic 3
preservation shall by rule develop procedures for issuing to a 4
property owner a permit to disinter human remains from a family 5
burial ground established under chapter 68.--- RCW (the new chapter 6
created in section 22 of this act) and reinter the remains in another 7
lawful place for disposition of human remains.8
NEW SECTION. Sec. 22. Sections 2 through 8 of this act 9
constitute a new chapter in Title 68 RCW.10
NEW SECTION. Sec. 23. Section 20 of this act takes effect 11
January 1, 2027.12
Passed by the House March 12, 2026.
Passed by the Senate March 6, 2026.
Approved by the Governor March 24, 2026.
Filed in Office of Secretary of State March 25, 2026.
--- END ---
p. 23 SHB 2239.SL
Item 2.3
Packet pg. 50/66
<all other values>
Interstate
Principal Arterial
Minor Arterial; Collector
Local Street; On Ramp
<all other values>
0
1
2
City of Edmonds
City of Lynnwood
City of Mountlake Terrace
Unincorporated King Co; Unincorpo
City of Woodway
City of Arlington;Cityof Bothell;City
Item 2.3
Packet pg. 51/66
City Council Agenda Item 2.4
May 19, 2026 - Public Safety, Planning, Human Services, and Personnel
(PSPHSP) Committee
TITLE:Introduction to Code Amendments to Implement HB 1757 -
Requirements for Regulating New Housing in Existing Buildings (First
Reading)
DEPARTMENT:Planning and Development Services
PRESENTER:Mike Clugston & Ted Corey
NEEDED FROM COUNCIL:Informational
RECOMMENDATION:No action is required at this time. Amendments to the appropriate
building and zoning codes will be presented to the Council at a later
date.
BUDGET:
Total Dollar Amount:0 ☐ Approved in Budget
Fund(s):N/A ☐ Budget Reallocation Required
☒ No Budget Impact
PROBLEM/ISSUE STATEMENT:
House Bill 1757 was passed in the 2025 state legislative session and requires local jurisdictions to amend
their development regulations to allow for conversion of existing buildings to residential uses, which
creates new opportunities for infill housing.
CONTEXT, ANALYSIS, & ALTERNATIVES:
The Edmonds Community Development Code (ECDC) will need to be amended to reflect the zoning and
energy code requirements detailed in the bill. Those details include carve outs from current energy
code standards for existing buildings being converted to dwelling units in certain instances such as when
the size of the unit is below an established threshold and if alternative energy performance metrics to
the baseline energy code are met. Changes to the zoning code for additional density and to allow for up
to 8 inches of height and setback encroachment for additional insulation will also be needed.
RECOMMENDATION:
No action is required at this time. Amendments to the appropriate building and zoning codes will be
presented to the Council at a later date.
BUDGET IMPACTS:
None
ITEM HISTORY:
N/A
ADDITIONAL INFORMATION:
Attachment 1 is the final bill report and Attachment 2 is the session law for HB 1757. As noted in
Attachment 3, a fact sheet from the Department of Commerce, the requirements of HB 1757 will
Item 2.4
Packet pg. 52/66
preempt and supersede any conflicting local laws in Edmonds on June 30, 2026. As a result, the needed
changes to the building code in Title 19 ECDC and select portions of the zoning code will take different
paths. Changes to Title 19 do not require review and recommendation by the Planning Board so those
will be presented to Council for review and adoption on June 23, 2026. Changes to the zoning code will
be presented to the Planning Board in early June 2026 with a recommendation anticipated in early July.
The Board’s recommendation on the zoning code amendments will be presented to Council for their
review, discussion and adoption in later July/early August.
ATTACHMENTS:
1. Final Bill Report
2. Session Law
3. Commerce Fact Sheet
Item 2.4
Packet pg. 53/66
FINAL BILL REPORT
HB 1757
C 203 L 25
Synopsis as Enacted
Brief Description: Modifying regulations for existing buildings used for residential purposes.
Sponsors: Representatives Walen, Fitzgibbon, Parshley, Paul, Ramel and Reed.
House Committee on Housing
Senate Committee on Housing
Background:
State Energy Code.
The State Building Code Council (Council) is responsible for the adoption of the State
Building Code, which establishes the minimum requirements and standards for buildings
and facilities constructed in the state. The Council also adopts the State Energy Code
(Energy Code), which is designed to require the construction of increasingly energy
efficient homes and buildings.
State Energy Performance Standard.
The State Energy Performance Standard (Standard), often referred to as the Clean Buildings
Performance Standard, requires the Department of Commerce (Commerce) to establish
rules for energy performance standards for certain existing commercial buildings, to collect
data on compliance, and to report on outcomes. The Standard includes energy use intensity
targets by building type, as well as requirements for an energy management plan, operations
and maintenance program, energy efficiency audits, and investments in energy efficiency
measures.
Existing Buildings Used for Residential Purposes.
No later than six months after its first comprehensive plan update due after July 23, 2023, a
city fully planning under the Growth Management Act must amend its land use regulations
to comply with requirements for existing buildings to be used for residential purposes in
commercial or mixed-use zones. The amended land use regulations may not impose:
permitting requirements beyond those generally applicable to all residential •
This analysis was prepared by non-partisan legislative staff for the use of legislative
members in their deliberations. This analysis is not part of the legislation nor does it
constitute a statement of legislative intent.
HB 1757- 1 -House Bill Report
Item 2.4
Packet pg. 54/66
development within the building's zone;
current Energy Code requirements for unchanged portions of the building solely due
to the addition of housing units; however, if any portion of an existing building is
converted to new dwelling units, each of those new units must meet the requirements
of the current Energy Code;
•
restrictions on housing unit density that prevent the addition of housing at a density
up to 50 percent more than what is allowed in the underlying zone if constructed
entirely within an existing building envelope;
•
parking requirements due to the addition of housing units;•
design standard requirements, including setbacks, lot coverage, and floor area ratio
requirements, beyond those generally applicable to all residential development within
the building's zone;
•
exterior design or architectural requirements beyond those necessary for health and
safety or to preserve character-defining streetscapes, unless the building is a
designated landmark or is within a historic district established through a local
preservation ordinance;
•
prohibitions on the addition of housing units in any specific part of a building except
ground floor commercial or retail that is along a major pedestrian corridor; or
•
a transportation concurrency or State Environmental Policy Act study.•
Summary:
The allowances for existing buildings to be used for residential purposes in commercial and
mixed-use zones are extended to existing buildings in residential zones. A city may not
require a change of use permit for the conversion of an existing building to residential
purposes.
Unchanged portions of an existing building that have been used for residential purposes and
previously permitted space are exempt from current Energy Code requirements. When any
other existing building is converted to new dwelling units, changed portions of the new
units must meet current Energy Code requirements unless:
the square footage of new dwelling units does not exceed the greater of 2,500 square
feet or 50 percent of the total building square footage;
•
the building owner submits documentation showing that the projected energy use
intensity of the new units is less than or equal to the Standard's energy use intensity
target; or
•
in areas zoned for residential housing, an additional housing unit is created within an
existing home.
•
Cities must comply with the requirements for existing buildings to be used for residential
housing no later than June 30, 2026.
Votes on Final Passage:
Final Passage Votes
HB 1757- 2 -House Bill Report
Item 2.4
Packet pg. 55/66
House 95 2
Senate 48 1 (Senate amended)
House 94 1 (House concurred)
Final Passage Votes
Effective:July 27, 2025
HB 1757- 3 -House Bill Report
Item 2.4
Packet pg. 56/66
CERTIFICATION OF ENROLLMENT
HOUSE BILL 1757
Chapter 203, Laws of 2025
69th Legislature
2025 Regular Session
EXISTING BUILDINGS USED FOR RESIDENTIAL PURPOSES—VARIOUS PROVISIONS
EFFECTIVE DATE: July 27, 2025
Passed by the House April 18, 2025
Yeas 94 Nays 1
LAURIE JINKINS
Speaker of the House of
Representatives
Passed by the Senate April 2, 2025
Yeas 48 Nays 1
DENNY HECK
President of the Senate
CERTIFICATE
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
State of Washington, do hereby
certify that the attached is HOUSE
BILL 1757 as passed by the House of
Representatives and the Senate on
the dates hereon set forth.
BERNARD DEAN
Chief Clerk
Approved May 7, 2025 1:20 PM FILED
May 12, 2025
BOB FERGUSON
Governor of the State of Washington
Secretary of State
State of Washington
Item 2.4
Packet pg. 57/66
AN ACT Relating to modifying regulations for existing buildings 1
used for residential purposes; and amending RCW 35A.21.440 and 2
35.21.9903 .
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 35A.21.440 and 2023 c 285 s 1 are each amended to 5
6 read as follows:
(1)(a) Code cities must adopt or amend by ordinance, and 7
incorporate into their development regulations, zoning regulations, 8
and other official controls the requirements of subsection (2) of 9
this section for buildings ((that are zoned for commercial or mixed 10
use no later than six months after its next periodic comprehensive 11
plan update required under RCW 36.70A.130)) in commercial, mixed-use, 12
or residential zones no later than June 30, 202613 .
(b) The requirements of subsection (2) of this section apply and 14
take effect in any code city that has not adopted or amended 15
ordinances, regulations, or other official controls as required under 16
this section by the timeline in (a) of this subsection and supersede, 17
preempt, and invalidate any conflicting local development 18
19 regulations.
HOUSE BILL 1757
AS AMENDED BY THE SENATE
Passed Legislature - 2025 Regular Session
State of Washington 69th Legislature 2025 Regular Session
By Representatives Walen, Fitzgibbon, Parshley, Paul, Ramel, and Reed
Read first time 01/31/25. Referred to Committee on Housing.
p. 1 HB 1757.SL
Item 2.4
Packet pg. 58/66
(2) Through ordinances, development regulations, zoning 1
regulations, or other official controls as required under subsection 2
(1)3 of this section, code cities may not:
(a) Impose a restriction on housing unit density that prevents 4
the addition of housing units at a density up to 50 percent more than 5
what is allowed in the underlying zone if constructed entirely within 6
an existing building envelope in a building located within a zone 7
that permits multifamily housing, provided that generally applicable 8
health and safety standards, including but not limited to building 9
code standards and fire and life safety standards, can be met within 10
11 the building;
(b) Impose parking requirements on the addition of dwelling units 12
or living units added within an existing building, however, cities 13
may require the retention of existing parking that is required to 14
satisfy existing residential parking requirements under local laws 15
and for nonresidential uses that remain after the new units are 16
17 added;
(c) With the exception of emergency housing and transitional 18
housing uses, impose permitting requirements on the use of an 19
existing building for residential purposes beyond those requirements 20
generally applicable to all residential development within the 21
building's zone, including requiring a change of use permit;22
(d) Impose design standard requirements, including setbacks, lot 23
coverage, and floor area ratio requirements, on the use of an 24
existing building for residential purposes beyond those requirements 25
generally applicable to all residential development within the 26
27 building's zone;
(e) Impose exterior design or architectural requirements on the 28
residential use of an existing building beyond those necessary for 29
health and safety of the use of the interior of the building or to 30
preserve character-defining streetscapes, unless the building is a 31
designated landmark or is within a historic district established 32
33 through a local preservation ordinance;
(f) Prohibit the addition of housing units in any specific part 34
of a building except ground floor commercial or retail that is along 35
a major pedestrian corridor as defined by the code city, unless the 36
addition of the units would violate applicable building codes or 37
38 health and safety standards;
(g) Require unchanged portions of an existing building that have 39
been used for residential or previously permit-approved conditioned 40
p. 2 HB 1757.SL
Item 2.4
Packet pg. 59/66
space purposes to meet the current energy code solely because of the 1
addition of new dwelling units within the building((, however, if any 2
portion of an)). When any other existing building is converted to new 3
dwelling units, changed portions of each of those new units must meet 4
the requirements of the current energy code((;)), except if:5
(i) The square footage of new dwelling units does not exceed 6
2,500 square feet or 50 percent of the total building square footage, 7
whichever is greater;8
(ii) The building owner submits documentation, in a form 9
acceptable to the code city, showing the building's residential 10
units' projected energy use intensity is less than or equal to the 11
energy use intensity target in accordance with the clean buildings 12
performance standard in RCW 19.27A.210; or13
(iii) In all areas zoned for residential housing, an additional 14
housing unit is created within an existing home;15
(h) Deny a building permit application for the addition of 16
housing units within an existing building due to nonconformity 17
regarding parking, height, setbacks, elevator size for gurney 18
transport, or modulation, unless the code city official with 19
decision-making authority makes written findings that the 20
nonconformity is causing a significant detriment to the surrounding 21
area; or22
(i) Require a transportation concurrency study under RCW 23
36.70A.070 or an environmental study under chapter 43.21C RCW based 24
on the addition of residential units within an existing building.25
(3) Nothing in this section requires a code city to approve a 26
building permit application for the addition of housing units 27
constructed entirely within an existing building envelope in a 28
building located within a zone that permits multifamily housing in 29
cases in which the building cannot satisfy life safety standards.30
(4) For the purpose of this section, "existing building" means a 31
building that received a certificate of occupancy at least three 32
years prior to the permit application to add housing units.33
Sec. 2. RCW 35.21.990 and 2023 c 285 s 2 are each amended to 34
read as follows:35
(1)(a) Cities must adopt or amend by ordinance, and incorporate 36
into their development regulations, zoning regulations, and other 37
official controls the requirements of subsection (2) of this section 38
for buildings ((that are zoned for commercial or mixed use no later 39
p. 3 HB 1757.SL
Item 2.4
Packet pg. 60/66
than six months after its next periodic comprehensive plan update 1
required under RCW 36.70A.130)) in commercial, mixed-use, or 2
residential zones no later than June 30, 20263 .
(b) The requirements of subsection (2) of this section apply and 4
take effect in any city that has not adopted or amended ordinances, 5
regulations, or other official controls as required under this 6
section by the timeline in (a) of this subsection and supersede, 7
preempt, and invalidate any conflicting local development 8
9 regulations.
(2) Through ordinances, development regulations, zoning 10
regulations, or other official controls as required under subsection 11
(1)12 of this section, cities may not:
(a) Impose a restriction on housing unit density that prevents 13
the addition of housing units at a density up to 50 percent more than 14
what is allowed in the underlying zone if constructed entirely within 15
an existing building envelope in a building located within a zone 16
that permits multifamily housing, provided that generally applicable 17
health and safety standards, including but not limited to building 18
code standards and fire and life safety standards, can be met within 19
20 the building;
(b) Impose parking requirements on the addition of dwelling units 21
or living units added within an existing building, however, cities 22
may require the retention of existing parking that is required to 23
satisfy existing residential parking requirements under local laws 24
and for nonresidential uses that remain after the new units are 25
26 added;
(c) With the exception of emergency housing and transitional 27
housing uses, impose permitting requirements on the use of an 28
existing building for residential purposes beyond those requirements 29
generally applicable to all residential development within the 30
building's zone, including requiring a change of use permit;31
(d) Impose design standard requirements, including setbacks, lot 32
coverage, and floor area ratio requirements, on the use of an 33
existing building for residential purposes beyond those requirements 34
generally applicable to all residential development within the 35
36 building's zone;
(e) Impose exterior design or architectural requirements on the 37
residential use of an existing building beyond those necessary for 38
health and safety of the use of the interior of the building or to 39
preserve character-defining streetscapes, unless the building is a 40
p. 4 HB 1757.SL
Item 2.4
Packet pg. 61/66
designated landmark or is within a historic district established 1
through a local preservation ordinance;2
(f) Prohibit the addition of housing units in any specific part 3
of a building except ground floor commercial or retail that is along 4
a major pedestrian corridor as defined by each city, unless the 5
addition of the units would violate applicable building codes or 6
health and safety standards;7
(g) Require unchanged portions of an existing building that have 8
been used for residential or previously permit-approved conditioned 9
space purposes to meet the current energy code solely because of the 10
addition of new dwelling units within the building((, however, if any 11
portion of an)). When any other existing building is converted to new 12
dwelling units, changed portions of each of those new units must meet 13
the requirements of the current energy code((;)), except if:14
(i) The square footage of new dwelling units does not exceed 15
2,500 square feet or 50 percent of the total building square footage, 16
whichever is greater;17
(ii) The building owner submits documentation, in a form 18
acceptable to the city, showing the building's residential units' 19
projected energy use intensity is less than or equal to the energy 20
use intensity target in accordance with the clean buildings 21
performance standard in RCW 19.27A.210; or22
(iii) In all areas zoned for residential housing, an additional 23
housing unit is created within an existing home;24
(h) Deny a building permit application for the addition of 25
housing units within an existing building due to nonconformity 26
regarding parking, height, setbacks, elevator size for gurney 27
transport, or modulation, unless the city official with decision-28
making authority makes written findings that the nonconformity is 29
causing a significant detriment to the surrounding area; or30
(i) Require a transportation concurrency study under RCW 31
36.70A.070 or an environmental study under chapter 43.21C RCW based 32
on the addition of residential units within an existing building.33
(3) Nothing in this section requires a city to approve a building 34
permit application for the addition of housing units constructed 35
entirely within an existing building envelope in a building located 36
within a zone that permits multifamily housing in cases in which the 37
building cannot satisfy life safety standards.38
p. 5 HB 1757.SL
Item 2.4
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(4) For the purpose of this section, "existing building" means a 1
building that received a certificate of occupancy at least three 2
years prior to the permit application to add housing units.3
Passed by the House April 18, 2025.
Passed by the Senate April 2, 2025.
Approved by the Governor May 7, 2025.
Filed in Office of Secretary of State May 12, 2025.
--- END ---
p. 6 HB 1757.SL
Item 2.4
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Requirements for Regulating New Housing
in Existing Buildings
Conversion of existing
buildings to residential
uses creates new
opportunities for infill
housing in big and small
cities.
Cities in Washington must
regulate addition of new
housing units in existing
buildings consistent with
state law.
This fact sheet provides an
overview of the statutory
requirements for local
government regulation of
building conversions.
Agency contact
LILITH VESPIER
Growth Management Services
Lilith.Vespier@commerce.wa.gov
Phone: 360.890.5100
Cities must offer conversion of existing
buildings to residential use
State law outlines requirements for regulation of new housing
development in existing buildings in RCW 35.21.990 and RCW
35A.21.440. These sections govern the content of local regulations in
all cities in Washington state, and must be implemented by June 30,
2026.
Applicability
This law applies to buildings that received a certificate of occupancy
three years or more prior to a permit application to add additional
dwelling units. To be covered under this law, units must be
constructed entirely within the existing building envelope and be able
to meet life safety standards including building and fire code.
Density bonus must be provided
Under the law, cities must allow housing units to be added to existing
buildings at up to 50% greater density than is allowed in the
underlying zone. The density bonus applies to commercial, mixed-use,
or residential zones where multifamily housing is permitted. The bonus
should be explicitly applied in local regulations, consistent with the use
and conditions specified in statute. In other words, cities will not be
consistent with the law if they offer the bonus conditionally, or at the
time of permit review, but do not clearly state it in local regulations
(RCW 35.21.990(1)(a)).
Cities may choose to offer a density bonus greater than 50% for the
addition of new dwelling units to existing buildings, or to apply the
density bonus for conditions that are not required by statute. For
example, cities may choose offer a greater density bonus when units
commit to certain affordability levels. Cities are encouraged to reach
out to Commerce if they have questions about where the density
bonus should be applied.
GROWTH MANAGEMENT SERVICES
Item 2.4
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REGULATING NEW HOUSING IN EXISTING BUILDINGS | MARCH 2026 2
Prohibited regulations for new housing in existing buildings
Cities may not require the following standards for the addition of new housing to existing buildings:
• Additional parking spaces for new dwelling units.1 Cities may require that existing parking be retained to
satisfy the existing residential parking requirements, or for non-residential uses that remain after new units
are added. However, cities may not require that additional parking be added, and should be careful not to
adopt standards that require the retention of all existing parking— only up to that which is needed to fulfill
parking requirements.
• Permitting requirements in excess of the requirements generally applied to residential uses in the same
zones.2 Additional review procedures or change of use permits may not be required. This requirement does
not apply to emergency housing or transitional housing.
• Exterior design or architectural standards beyond those necessary for health and safety (in relation to use of
the interior of the building), or to preserve character-defining streetscapes. 3 Statute does not give further
direction on how “character-defining streetscapes” should be understood. Buildings which are designated
landmarks or are in historic districts established through a local preservation ordinance are exempt from this
requirement.
• Prohibiting the addition of dwelling units in a specific part of a building, unless the addition of units violates
building codes or health and safety standards. 4 The exception is that cities may prohibit the addition of
housing units in ground floor commercial or retail along a major pedestrian corridor, as defined by the
jurisdiction. Commerce recommends that cities who wish to use this exemption specify major pedestrian
corridors where this will be applied, such as through a map or reference to a local designation.
• Unchanged portions of existing buildings to meet current energy code, due to the addition of new units. 5
New units must meet current energy code requirements unless meeting circumstances specified in RCW
35.21.990/35A.21.440 (2)(g)(i)-(iii):
• The square footage of new dwelling units is less than 2,500 square feet or 50 percent of the total building
square footage, whichever is greater
• The building owner submits documentation showing that the residential units' projected energy use
intensity is less than or equal to the energy use intensity target in accordance with the clean buildings
performance standard in RCW 19.27A.210
• An additional housing unit is created within an existing home in any area zoned for residential housing
• Conformity regarding parking, height, setbacks, elevator size, or modulation. 6 Cities may not deny a
building permit application for the addition of housing units to an existing building for nonconformity on any
of these dimensions. The exception is when a city official makes written findings that the nonconformity is
causing a significant detriment to the surrounding area. Fully-planning cities have additional considerations
for setback and façade modulation (see below).
1 RCW 35A.21.440(2)(b) and 35.21.990(2)(b)
2 RCW 35A.21.440(2)(c) and 35.21.990(2)(c)
3 RCW 35A.21.440(2)(d) and 35.21.990(2)(d)
4 RCW 35A.21.440(2)(f) and 35.21.990(2)(f)
5 RCW 35A.21.440(2)(g) and 35.21.990(2)(g)
6 RCW 35A.21.440(2)(h) and 35.21.990(2)(h)
Item 2.4
Packet pg. 65/66
REGULATING NEW HOUSING IN EXISTING BUILDINGS | MARCH 2026 3
• Transportation concurrency study under RCW 36.70A.070 or an environmental study under chapter 43.21C
RCW.7 These types of projects are SEPA-exempt and should not be required to complete such studies.
Nothing in this law requires a city to issue a building permit in cases where a building can’t satisfy life safety
standards.
Adoption
Cities must update local rules and regulations to be consistent with RCW 35.21.990 and RCW 35A.21.440 by June
30, 2026. This law is preemptive in any city which has not updated local regulations by that date. The requirements
in statute will supersede and invalidate any conflicting local regulations after that time.
Cities should refer to Commerce’s fact sheet on Preemptive State Laws for Infill Housing to learn more about
considerations for navigating preemption by state law.
Additional requirements for fully-planning jurisdictions
Towns, cities, and counties that are fully-planning under the Growth Management Act should also be aware of new
requirements for regulation of new housing in existing buildings. Required standards for setbacks and façade
modulation for these developments are outlined in RCW 36.70A.810 and RCW 36.70A.815. For fully-planning cities,
they are in addition to the requirements in RCW 35.21.990 and RCW 35A.21.440.
Fully-planning jurisdictions must address the following requirements in local regulations:
• Façade modulation or upper-level setbacks may not be required for the conversion of existing buildings to
housing.8 This applies also to mixed-use development that includes housing. The section defines upper-level
setback as a required distance between the lot line and the building façade applied only to portions of the
building above a specified height. It defines façade modulation as a change in building plane, either a recess
or a projection, that changes the shape of the exterior massing of the building.
• Additional flexibility for setback and roof height standards must be allowed to accommodate additional
insulation needed for retrofits to residential uses. Specifically, the portion of an exterior wall assembly that
includes insulation must be allowed to project up to an additional eight inches into the setbacks on all sides
and the building must be allowed to exceed maximum roof height by eight inches to accommodate additional
insulation.9
Fully-planning jurisdictions should incorporate these requirements into local regulations by either six months after
their next periodic comprehensive plan update or six months after their next implementation progress report,
whichever is sooner.
7 RCW 35A.21.440(2)(i) and 35.21.990(2)(i)
8 RCW 36.70A.815(1)(d)
9 RCW 36.70A.810
Item 2.4
Packet pg. 66/66