AN
ACT Relating to conversion vending units and medical units; amending RCW
43.22.335, 43.22.340, 43.22.350, 43.22.370, 43.22.380, 43.22.390, 43.22.410,
43.22.420, and 43.22.434; and reenacting and amending RCW 43.22.360.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
43.22.335 and 1995 c 280 s 1 are each amended to read as follows:
Unless
the context clearly requires otherwise, the definitions in this section apply
throughout RCW 43.22.340 through 43.22.420.
(1)
"Park trailer" means a park trailer as defined in the American
National Standards Institute A119.5 standard for park trailers.
(2)
"Recreational vehicle" means a vehicular-type unit primarily designed
for recreational camping or travel use that has its own motive power or is
mounted on or towed by another vehicle. The units include travel trailers,
fifth-wheel trailers, folding camping trailers, truck campers, and motor homes.
(3)
"Conversion vendor units" means a motor vehicle or recreational
vehicle that has been converted or built for the purpose of being used for
commercial sales at temporary locations. The units must be less than eight
feet six inches wide in the set-up position and the inside working area must be
less than forty feet in length.
(4)
"Medical unit" means a self-propelled unit used to provide medical
examinations, treatments, and medical and dental services or procedures, not
including emergency response vehicles.
Sec.
2. RCW
43.22.340 and 1995 c 280 s 2 are each amended to read as follows:
(1)
The director shall adopt specific rules for conversion vending units and
medical units. The rules for conversion vending units and medical units shall
be established to protect the occupants from fire; to address other life safety
issues; and to ensure that the design and construction are capable of
supporting any concentrated load of five hundred pounds or more.
(2)
The director of labor and industries shall ((prescribe and enforce)) adopt
rules ((and regulations)) governing safety of body and frame design, and
the installation of plumbing, heating, and electrical equipment in mobile
homes, commercial coaches, recreational vehicles, and/or park trailers:
PROVIDED, That the director shall not prescribe or enforce rules ((and
regulations)) governing the body and frame design of recreational vehicles
and park trailers until after the American National Standards Institute shall
have published standards and specifications upon this subject. ((Such))
The rules ((and regulations)) shall be reasonably consistent with
recognized and accepted principles of safety for body and frame design and
plumbing, heating, and electrical installations, in order to protect the health
and safety of the people of this state from dangers inherent in the use of
substandard and unsafe body and frame design, construction, plumbing, heating,
electrical, and other equipment and shall correlate with and, so far as
practicable, conform to the then current standards and specifications of the
American National Standards Institute standards A119.1 for mobile homes and
commercial coaches, A119.2 for recreational vehicles, and A119.5 for park
trailers.
(3)
It shall be unlawful for any person to lease, sell or offer for sale, within
this state, any mobile homes, commercial coaches, conversion vending units,
medical units, recreational vehicles, and/or park trailers manufactured
after January 1, 1968, containing plumbing, heating, electrical, or other
equipment, and after July 1, 1970 body and frame design or construction unless
such equipment meets the requirements of the rules ((and regulations))
provided for ((herein)) in this section.
Sec.
3. RCW
43.22.350 and 1995 c 280 s 4 are each amended to read as follows:
(1)
In compliance with any applicable provisions of this chapter, the director of
the department of labor and industries shall establish a schedule of fees,
whether on the basis of plan approval or inspection, for the issuance of an
insigne which indicates that the mobile home, commercial coach, conversion
vending units, medical units, recreational vehicle, and/or park trailer
complies with the provisions of RCW 43.22.340 through 43.22.410 or for any
other purpose specifically authorized by any applicable provision of this
chapter.
(2)
Insignia are not required on mobile homes, commercial coaches, conversion
vending units, medical units, recreational vehicles, and/or park trailers
manufactured within this state for sale outside this state which are sold to
persons outside this state.
Sec.
4. RCW
43.22.360 and 1995 c 289 s 1 and 1995 c 280 s 7 are each reenacted and amended
to read as follows:
(1)
Plans and specifications of each model or production prototype of a mobile
home, commercial coach, conversion vending units, medical units,
recreational vehicle, and/or park trailer showing body and frame design,
construction, plumbing, heating and electrical specifications and data shall be
submitted to the department of labor and industries for approval and
recommendations with respect to compliance with the ((regulations)) rules
and standards of each of such agencies. When plans have been submitted and
approved as ((aforesaid)) required, no changes or alterations
shall be made to body and frame design, construction, plumbing, heating or
electrical installations or specifications shown thereon in any mobile home,
commercial coach, conversion vending units, medical units, recreational
vehicle, or park trailer without prior written approval of the department of
labor and industries.
(2)
The director may adopt rules that provide for approval of a plan that is
certified as meeting state requirements or the equivalent by a professional who
is licensed or certified in a state whose licensure or certification
requirements meet or exceed Washington requirements.
Sec.
5. RCW
43.22.370 and 1995 c 280 s 8 are each amended to read as follows:
Any
mobile home, commercial coach, conversion vending units, medical units,
recreational vehicle, and/or park trailer leased or sold in Washington and
manufactured prior to July 1, 1968, which has not been inspected prior to its
sale and which does not meet the requirements prescribed will not be required
to comply with ((said)) those requirements except for alterations
or installations referred to in RCW 43.22.360.
Sec.
6. RCW
43.22.380 and 1995 c 280 s 9 are each amended to read as follows:
Used
mobile homes, commercial coaches, conversion vending units, medical units,
recreational vehicles, and/or park trailers manufactured for use outside this
state which do not meet the requirements prescribed and have been used for six
months or more will not be required to comply with ((said)) those
requirements except for alterations or installations referred to in RCW
43.22.360.
Sec.
7. RCW
43.22.390 and 1995 c 280 s 10 are each amended to read as follows:
Mobile
homes, commercial coaches, conversion vending units, medical units,
recreational vehicles, and/or park trailers subject to the provisions of RCW
43.22.340 through 43.22.410, and mobile homes, commercial coaches, conversion
vending units, medical units, recreational vehicles, and/or park trailers
upon which alterations of body and frame design, construction or installations
of plumbing, heating or electrical equipment referred to in RCW 43.22.360 are
made after July 1, 1968, shall have affixed thereto such insigne of approval.
Sec.
8. RCW
43.22.410 and 1995 c 280 s 12 are each amended to read as follows:
Any
mobile home, commercial coach, conversion vending units, medical units,
recreational vehicle, and/or park trailer that meets the requirements
prescribed under RCW 43.22.340 shall not be required to comply with any
ordinances of a city or county prescribing requirements for body and frame
design, construction or plumbing, heating and electrical equipment installed in
mobile homes, commercial coaches, conversion vending units, medical units,
recreational vehicles, and/or park trailers.
Sec.
9. RCW
43.22.420 and 1995 c 280 s 13 are each amended to read as follows:
There
is hereby created a factory assembled structures advisory board consisting of
nine members to be appointed by the director of labor and industries. It shall
be the purpose and function of the board to advise the director on all matters
pertaining to the enforcement of this chapter including but not limited to
standards of body and frame design, construction and plumbing, heating and
electrical installations, minimum inspection procedures, the adoption of rules
((and regulations)) pertaining to the manufacture of factory assembled
structures, mobile homes, commercial coaches, conversion vending units,
medical units, recreational vehicles, and park trailers. The advisory
board shall periodically review the rules ((promulgated)) adopted
under RCW 43.22.450 through 43.22.490 and shall recommend changes of such rules
to the department if it deems changes advisable.
The
members of the advisory board shall be representative of consumers, the
regulated industries, and allied professionals. The term of each member shall
be four years. However, the director may appoint the initial members of the
advisory board to staggered terms not exceeding four years.
The
chief inspector or any person acting as chief inspector for the factory
assembled structures, mobile home, commercial coach, conversion vending
units, medical units, recreational vehicle, and park trailer section shall
serve as secretary of the board during his tenure as chief. Meetings of the
board shall be called at the discretion of the director of labor and
industries, but at least quarterly. Each member of the board shall be paid
travel expenses in accordance with RCW 43.03.050 and 43.03.060 ((as now
existing or hereafter amended)) which shall be paid out of the
appropriation to the department of labor and industries, upon vouchers approved
by the director of labor and industries or his or her designee.
Sec.
10. RCW
43.22.434 and 1995 c 280 s 5 are each amended to read as follows:
(1)
The director or the director's authorized representative may conduct such
inspections ((and)), investigations, and audits as may be
necessary to ((promulgate)) adopt or enforce mobile home,
commercial coach, conversion vending units, medical units, recreational
vehicle, park trailer, factory built housing, and factory built commercial
structure rules adopted under the authority of this chapter or to carry out the
director's duties under this chapter.
(2)
For purposes of enforcement of this chapter, persons duly designated by the
director upon presenting appropriate credentials to the owner, operator, or
agent in charge may:
(a)
At reasonable times and without advance notice enter any factory, warehouse, or
establishment in which mobile homes, commercial coaches, conversion vending
units, medical units, recreational vehicles, park trailers, factory built
housing, and factory built commercial structures are manufactured, stored, or
held for sale; ((and))
(b)
At reasonable times, within reasonable limits, and in a reasonable manner
inspect any factory, warehouse, or establishment as required to comply with the
standards adopted by the secretary of housing and urban development under the
National Mobile Home Construction and Safety Standards Act of 1974. Each
inspection shall be commenced and completed with reasonable promptness; and
(c)
As requested by an owner of a conversion vending unit or medical unit, inspect
an alteration.
(3) ((In carrying out the inspections authorized by this section
the director may establish, by rule, and impose on mobile home manufacturers,
distributors, and dealers such reasonable fees as may be necessary to offset
the expenses incurred by the director in conducting the inspections.)) The
department shall set a schedule of fees by rule which will cover the costs
incurred by the department in the administration of RCW 43.22.335 through
43.22.490.
