Washington added RCW 64.90.582 in 2026 to protect the installation, use, and maintenance of qualifying fire-hardened building materials. Governing documents may not prohibit those materials when they meet applicable health and safety standards and requirements imposed by state and local permitting authorities.
The section applies retroactively to a governing document in effect on June 11, 2026, and says an inconsistent provision in such a document is void and unenforceable. Boards should not assume an older declaration or architectural guideline remains enforceable merely because it predates the law. Counsel should review any restriction that could prevent a qualifying material.
The statute does not give an owner the right to build on another person's property, on leased property without the lessor's permission, or on a common element. That boundary is critical for condominium exteriors, roofs, decks, windows, cladding, and other components the declaration may classify as common elements or assign to the association.
Begin with ownership and maintenance responsibility. Identify the proposed component on the declaration, survey, condominium plan, maintenance chart, and insurance allocation before treating the request as an owner-controlled architectural application. A protected material does not transfer the association's common-element decision to an individual owner.
Confirm that the product fits the statutory definition. RCW 64.90.582 recognizes materials meeting one or more listed standards: the current International Wildland Urban Interface Code or another code or standard enforced by the local jurisdiction, NFPA 1140 criteria for construction in wildland areas, or the Insurance Institute for Business and Home Safety wildfire-prepared-home requirements. Ask for current product and standard documentation rather than accepting a marketing label.
The association may adopt reasonable rules about design, dimensions, placement, or exterior appearance. Those rules may not prohibit the material, render its use infeasible, or fail to allow one or more reasonable options that meet applicable wildfire-resistant standards without significantly increasing cost. A single expensive custom product is not an adequate option merely because the board prefers its appearance.
Create an application package that fits the component. Useful materials can include product data, applicable test or listing information, plans, dimensions, color and profile, fastening and flashing details, penetrations, transitions, contractor information, permits, photographs, warranty conditions, maintenance plan, and a comparison when the association proposes an alternative.
Coordinate with the right professionals. Roof, siding, deck, vent, glazing, and eave changes can affect structure, moisture management, ventilation, fire assemblies, warranties, insurance, reserve planning, and adjacent components. The association may need an architect, engineer, envelope consultant, roofing professional, wildfire specialist, insurer, building official, or counsel. A manager should coordinate the review, not substitute for it.
Audit existing standards now. Flag provisions that mandate combustible materials, prohibit metal or other qualifying products, require an appearance available only at significantly greater cost, or give reviewers unlimited discretion. Ask counsel and the association's design professional to rewrite them around lawful appearance choices and objective installation requirements.
For association projects, use the law as a procurement and reserve-planning prompt. When roofs, siding, decks, fences, vents, or windows approach replacement, compare qualifying fire-hardened options, lifecycle cost, local code, insurance implications, maintenance, aesthetics, and reserve assumptions before the project reaches bid stage.
Document the decision. Preserve the application, product and standards evidence, property classification, professional comments, cost comparison, board or committee record, written decision, permits, contract, final photographs, warranties, and maintenance obligations. If the board rejects a product, state the exact technical, property-rights, code, or lawful-design reason and identify a reasonable compliant path where possible.
Coordinate owner communication carefully. Explain that the law limits prohibitions but does not authorize work on common elements or remove permits, building standards, contracts, association project controls, or professional review. Avoid promising that every product described as fire resistant is automatically approved.
This checklist is general board education, not legal, architectural, engineering, fire, building-code, insurance, construction, product-certification, or reserve advice. The right decision depends on property classification, governing documents, local enforcement, building conditions, qualified product evidence, and professional recommendations.