WSR 99-17-116

EXPEDITED ADOPTION

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed August 18, 1999, 11:39 a.m. ]

Title of Rule: WAC 296-150C, Amendments.

Purpose: To amend for the purposes of eliminating vendor unit references from the chapter on commercial coaches.

Statutory Authority for Adoption: RCW 43.22.

Statute Being Implemented: RCW 43.22.

Summary: The department is adopting a new rule chapter specifically for vendor units and medical units as a result of statutory changes in the 1999 legislative session. Currently, vendor units are covered in the chapter on commercial coaches. To eliminate duplication and inaccuracies, the references and sections related to vendor units are being removed. These amendments will take effect following the effective date of the new chapter.

Reasons Supporting Proposal: The amendments are necessary to eliminate duplication and inaccuracy.

Name of Agency Personnel Responsible for Drafting: Dan Wolfenbarger, Tumwater, Washington, (360) 902-5225; Implementation and Enforcement: Patrick Woods, Tumwater, Washington, (360) 902-6348.

Name of Proponent: Department of Labor and Industries, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Housekeeping changes are proposed to WAC 296-150C, to eliminate references pertaining to vendor units. Vendor units and medical units will be covered in a new WAC 296-150V, as a result of statutory changes from the 1999 legislative session. The new vendor unit chapter will go into effect prior to the adoption of these amendments to WAC 296-150C. The amendments are necessary to eliminate duplication and inaccuracies.

Proposal Changes the Following Existing Rules: References to vendor units are being deleted from the chapter on commercial coaches. The changes are housekeeping only and will have no effect on the requirements for commercial coaches. Vendor units will be covered in a separate new chapter (see WSR 99-13-200).

NOTICE

THIS RULE IS BEING PROPOSED TO BE ADOPTED USING AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Selwyn Walters, Rules Coordinator, Department of Labor and Industries, P.O. Box 44001, Olympia, WA 98504-4001, fax (360) 902-4202 , AND RECEIVED BY October 18, 1999.


August 13, 1999

Gary Moore

Director

OTS-3343.1


AMENDATORY SECTION(Amending WSR 98-14-078, filed 6/30/98, effective 7/31/98)

WAC 296-150C-0020
What definitions apply to this chapter?

"Alteration" is the replacement, addition, modification, or removal of any equipment or installation that affects the construction, fire and life safety, or the plumbing, mechanical, and electrical systems of a commercial coach.

The following are not considered alterations:

Repairs with approved parts;
Modification of a fuel-burning appliance according to the listing agency's specifications; or
Adjustment and maintenance of equipment.
"Approved" is approved by the department of labor and industries.

"Building site" is a tract, parcel, or subdivision of land on which a commercial coach will be installed.

"Consumer" is a person or organization, excluding a manufacturer or dealer of commercial coaches, who buys or leases a commercial coach.

"Commercial coach" is a structure (referred to as a unit) that:

Can be transported in one or more sections;
Is used for temporary commercial purposes;
Is built on a permanent chassis;
Conforms to the construction standards of this chapter;
May include plumbing, mechanical, electrical and other systems((; and
(( Includes Type A and Type B vendor units.))
Type A vendor unit is a commercial coach vehicle such as, but not limited to, a truck, van, or step van.  The maximum dimensions of a Type A vendor unit are 8 feet wide by 24 feet long in the set-up mode.

Type B vendor unit is a commercial coach structure such as, but not limited to, a recreational vehicle as defined by the American National Standards Institute, Inc. that is being converted to a vendor unit.  The maximum dimensions of a Type B vendor unit are 8 feet wide by 24 feet long in the set-up mode)).


Note: A commercial coach may not be used as a single-family dwelling.  A commercial coach does not have to be placed on a permanent foundation.
((Note: (1) Nonvendor units must comply with WAC 296-150C, WAC 296-150C-0010 through 296-150C-1570 and WAC 296-150C-3000.))
(((2) Vendor units may comply with WAC 296-150C, WAC 296-150C-0010 through 296-150C-1570 or WAC 296-150C-0010 through 296-150C-0710 and WAC 296-150C-1580 through 296-150C-3000.))

"Damaged in transit" means damage that affects the integrity of a structural design or any of the systems.

"Dealer" is a person, company, or corporation whose business is leasing, selling, offering for lease or sale, buying, or trading commercial coaches.

"Department" is the department of labor and industries.  The department may be referred to as "we" or "us" in this chapter.  Note: You may contact us at: Department of Labor and Industries, Specialty Compliance, PO Box 44440, Olympia, WA 98504-4440.

"Design plan" is a plan for the construction or alteration of a commercial coach or conversion of a vehicle to a commercial coach including floor plans, elevation drawings, specifications, engineering data, or test results necessary for a complete evaluation of the design.

"Design option" is a design that a manufacturer may use as an option to its commercial coach design plan.

"Equipment" is all material, appliances, devices, fixtures, fittings, or accessories used in the manufacture, assembly, conversion to, or alteration of a commercial coach.

"Factory assembled structure (FAS) advisory board" is a board authorized to advise the director of the department regarding the issues and adoption of rules relating to commercial coaches.  (See RCW 43.22.420.)

"Insignia" is a label that we attach to a commercial coach to verify that the structure meets the requirements of this chapter and the applicable codes.

"Install" is to erect, construct, assemble, or set a commercial coach in place.

"Labeled" is to bear the department's insignia.

"Listed" is a piece of equipment or apparatus that has been approved by a testing agency to the appropriate standard.

"Local enforcement agency" is an agency of city or county government with power to enforce local regulations governing the installation of a commercial coach.

"Master design plan" is a design plan that expires when a new state building code has been adopted.

"One-year design plan" is a design plan that expires one year after approval or when a new state building code has been adopted.

"System" is part of a commercial coach designed to serve a particular function.  Examples include structural, plumbing, electrical, or mechanical systems.

(("Vendor unit" is a type of commercial coach (referred to as a unit) that:

(( Is transported in only one section;))
(( Is designed for highway use;))
(( Is temporarily occupied for distribution of items (e.g., food);))
(( Is built on a permanent chassis;))
(( Includes at least one of the following systems: Plumbing, mechanical, or electrical;))
(( Is a converted structure, not a newly manufactured structure; and))
(( Is a Type A vendor unit or a Type B vendor unit.))

((Note: Newly manufactured units must comply with the commercial coach construction requirements of this chapter. Unoccupied vendor units are exempt from the requirements of this chapter. For example, those vehicles where food is sold and distributed by standing alongside it.))

[Statutory Authority: RCW 43.22.   WSR 98-14-078, § 296-150C-0020, filed 6/30/98, effective 7/31/98.  Statutory Authority: RCW 43.22.340, [ RCW 43.22.]355, [ RCW 43.22.]360, [ RCW 43.22.]432, [ RCW 43.22.]440 and [ RCW 43.22.]480.  96-21-146, § 296-150C-0020, filed 10/23/96, effective 11/25/96.]


AMENDATORY SECTION(Amending WSR 98-14-078, filed 6/30/98, effective 7/31/98)

WAC 296-150C-0410
When does my design plan expire?

Commercial Coach - Master Design Plan:

(1) Your commercial coach master design plan expires when there is a code change.  You must submit new design plans for approval when there is a state building code cycle change.  You may use your approved master design plans to order insignia as long as they comply with the applicable codes.

Commercial Coach - One-Year Design Plan:

(2) Your commercial coach one-year design plan expires either one year after approval or when there is a code change.  You must submit new design plans for approval when there is a state building code cycle change.  You may use your design plans to order insignia as long as they comply with the applicable codes.

(3) All National Electrical Code amendments may be incorporated by an addendum to your design plan.

Note: The State Building Code is on a three-year code cycle which coincides with the State Building Code Council amendment cycle. The National Electrical Code (NEC) cycle, however, does not coincide with the other code cycles.

((Commercial Coach Vendor Unit:

(4) Your vendor unit design plan expires after the unit is converted or altered.  You can only use this design plan once.))

[Statutory Authority: RCW 43.22.   WSR 98-14-078, § 296-150C-0410, filed 6/30/98, effective 7/31/98.  Statutory Authority: RCW 43.22.340, [ RCW 43.22.]355, [ RCW 43.22.]360, [ RCW 43.22.]432, [ RCW 43.22.]440 and [ RCW 43.22.]480.  96-21-146, § 296-150C-0410, filed 10/23/96, effective 11/25/96.]


AMENDATORY SECTION(Amending WSR 98-14-078, filed 6/30/98, effective 7/31/98)

WAC 296-150C-0500
When is an inspection required?

(1) Before we issue an insignia, each unit manufactured or converted must be inspected as many times as required to show compliance with this chapter.


Note: Each commercial coach must have a serial number so we can track inspections.

(2) Before we issue an insignia, each commercial coach must be inspected at the manufacturing location as many times as required.  Inspections may include but are not limited to:

(a) A "cover" inspection during construction of the unit before the electrical, plumbing, mechanical, and structural systems are covered;

(b) Insulation and vapor barrier inspection, if required; and

(c) A final inspection after the commercial coach is complete.

(3) If we discover a violation during inspection, we will issue a notice of noncompliance.  You can correct the violation during the inspection.  If you cannot correct the violation during inspection, you must leave the item uncovered until we approve your correction.

(4) If a commercial coach is damaged in transit to the building site or during on-site installation, it must be inspected.  This is considered an alteration inspection.  (See WAC 296-150C-0240.)

(5) Approved design plans must be available in compliance with the applicable sections of the adopted state codes.

(6) Once your unit is inspected and approved we will attach the insignia.


((Commercial Coach Vendor Unit

(7) Before we issue an insignia, each commercial coach vendor unit is inspected as follows:

(a) Inspection(s) during conversion or alteration of a commercial coach vendor unit; and

(b) A final inspection after the commercial coach vendor unit is complete.))

[Statutory Authority: RCW 43.22.   WSR 98-14-078, § 296-150C-0500, filed 6/30/98, effective 7/31/98.  Statutory Authority: RCW 43.22.340, [ RCW 43.22.]355, [ RCW 43.22.]360, [ RCW 43.22.]432, [ RCW 43.22.]440 and [ RCW 43.22.]480.  96-21-146, § 296-150C-0500, filed 10/23/96, effective 11/25/96.]