Enforceability Status
Washington has a mandatory statewide building code under the Washington State Building Code Act (RCW 19.27). The state code requires local jurisdictions to enforce building standards and issue certificates of occupancy before buildings may be occupied. A contract clause making the CO irrelevant likely conflicts with this statewide statutory requirement.
Legal Analysis
Washington's building code framework is established under the State Building Code Act, codified at RCW 19.27. The act requires all cities and counties to enforce the Washington State Building Code, which incorporates the International Building Code and International Residential Code with state amendments. Under the state code, a certificate of occupancy must be issued by the local building department before a building may be occupied.
RCW 19.27.031 requires the State Building Code Council to adopt the state building code, and RCW 19.27.050 requires local jurisdictions to enforce it. The CO requirement is a mandatory component of this statewide framework. Local building departments conduct inspections throughout the construction process and issue the CO upon verification that all applicable code requirements have been met.
A contract clause making the CO irrelevant to the buyer's closing obligations likely conflicts with Washington's statewide building code requirements. Washington courts have a strong tradition of enforcing statutory protections and may find such a clause unenforceable as contrary to public policy. The statewide building code reflects Washington's interest in ensuring minimum building safety standards, including seismic design and energy efficiency requirements specific to the Pacific Northwest.
Buyers in Washington should understand that the CO requirement is established by state law and applies uniformly. The CO process in Washington verifies compliance with structural requirements (including seismic standards), energy code requirements, fire safety, electrical systems, plumbing, and mechanical systems.
Relevant Washington Law
Establishes the mandatory statewide building code framework for Washington, including requirements for local enforcement, inspections, and certificates of occupancy.
Requires the State Building Code Council to adopt and maintain the Washington State Building Code.
Requires local jurisdictions to enforce the state building code within their boundaries.
Builders in Washington Using This Clause
What Washington Buyers Should Know
- Confirm CO issuance before closing Washington's statewide building code requires a CO before occupancy. Verify with the local building department that the CO has been issued before your closing date.
- Understand the statewide mandate Washington's CO requirement is established by state law under RCW 19.27. It applies to all jurisdictions and cannot be waived by a private contract.
- Verify seismic and energy code compliance Washington's building code includes important seismic design and energy efficiency requirements. The CO process confirms compliance with these Pacific Northwest-specific standards.
- Seek legal advice on contract clauses If your contract contains a clause making the CO irrelevant, consult a Washington real estate attorney to understand your rights under state law.