PROPOSED RULES
LABOR AND INDUSTRIES
Original Notice.
Preproposal statement of inquiry was filed as WSR 06-20-097.
Title of Rule and Other Identifying Information: Chapter 296-150M WAC, Manufactured homes.
Hearing Location(s): Department of Labor and Industries, 7273 Linderson Way S.W., S119, Tumwater, WA, on January 4, 2007, at 1:30 p.m.
Date of Intended Adoption: February 20, 2007.
Submit Written Comments to: Sally Elliott, Department of Labor and Industries, P.O. Box 44400, Olympia, WA 98504-4400, e-mail yous235@lni.wa.gov, fax (360) 902-5292, by January 4, 2006 [2007].
Assistance for Persons with Disabilities: Contact Sally Elliott by December 15, 2006, (360) 902-6411 or yous235@lni.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule making is to make clarifying and housekeeping changes to the factory assembled structure rules. The program is implementing a new online permitting system and these clarifying changes will help alleviate questions from our customers.
The proposed changes will:
| • | Incorporate interpretive bulletins regarding design requirements for structural alterations into the rules. |
| • | Outline when structural alterations need engineered designed and/or plan review conducted by central office. |
| • | Amends the wind zone requirement set by HUD and removes the ability for the local jurisdiction to impose higher wind zone tie downs requirements. |
| • | Incorporate language that requires pellet stoves to meet the requirements listed by a nationally recognized testing laboratory. |
Reasons Supporting Proposal: See Purpose above.
Statutory Authority for Adoption: Chapter 43.22 RCW.
Statute Being Implemented: Chapter 43.22 RCW.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of labor and industries, governmental.
Name of Agency Personnel Responsible for Drafting: Pete Schmidt, Tumwater, (360) 902-5571; Implementation and Enforcement: Patrick Woods, Tumwater, (360) 902-6348.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules do not require a small business economic impact statement because the proposed amendments make housekeeping changes that will clarify the rule without changing its effect (see RCW 19.85.025 referencing see RCW 34.05.310 (4)(d)).
A cost-benefit analysis is not required under RCW 34.05.328. The proposed rules do not require a small cost-benefit analysis because the proposed amendments make housekeeping changes that will clarify the rule without changing its effect (see RCW 19.85.025 referencing see RCW 34.05.310 (4)(d)).
November 21, 2006
Judy Schurke
Acting Director
OTS-9396.1
AMENDATORY SECTION(Amending WSR 05-24-020, filed 11/29/05,
effective 1/1/06)
WAC 296-150M-0306
What codes are used when altering a
manufactured/mobile home?
Alterations to a
manufactured/mobile home must be in compliance with the
Manufactured Home Construction and Safety Standards, 24 CFR
Part 3280, as adopted by the Secretary for the Department of
Housing and Urban Development (HUD) and the amendments to that
federal standard adopted in this WAC chapter. The department
will accept the following provisions, which supersede the
applicable requirements in 24 CFR Part 3280.
(1) Tested equivalent air conditioning/heat pump components that have been tested and listed for use with a particular furnace by a nationally recognized testing laboratory.
(2) Water heaters that are listed by a nationally recognized testing laboratory and installed per the manufacturer's installation instructions.
| Note: | For installation of electrical furnaces and/or water heater in pre-HUD homes, the requirement of 24 CFR Part 3280.203 for flame spread limitations is waived as long as the installation meets the requirement of the installed appliance for distance from combustibles. |
(4) All electrical alterations and additions to the manufactured/mobile home shall comply with the current edition of the National Electrical Code.
(5) The International Residential Code for structural alterations.
| Note: | The replacement of exterior siding is an alteration and requires the approval of the department and an alteration insignia. |
(a) Gastite;
(b) TracPipe;
(c) Pro-Flex.
(7) Installation of gas room heaters in bedrooms must:
(a) Have direct vented (sealed combustion) and be listed as UL 307A for liquid fuel burning heater or ANSI Z21.88 for vented gas fireplaces.
(b) Not be able to draw combustion air from the living space and must be designed so that it will become inoperative if any door, latch, or opening is not properly sealed.
(c) Have a smoke detector, listed to UL 217. The smoke detector can either be hardwired or battery powered and installed according to the manufacturer's installation requirements.
(d) Have a carbon dioxide (CO2) detector, listed to UL 2034. The CO2 detector must be installed according to the manufacturer's installation requirements.
(e) Have at least one means of egress.
[Statutory Authority: Chapter 43.22 RCW and 2005 c 399. 05-24-020, § 296-150M-0306, filed 11/29/05, effective 1/1/06. Statutory Authority: RCW 43.22.340, 43.22.350, 43.22.355, 43.22.360, 43.22.400, 43.22.432, 43.22.433, 43.22.434, 43.22.450, 43.22.480, and 43.22.485. 00-17-148, § 296-150M-0306, filed 8/22/00, effective 9/30/00. Statutory Authority: RCW 43.22.340 and 43.22.480. 99-13-010, § 296-150M-0306, filed 6/4/99, effective 7/5/99. Statutory Authority: Chapter 43.22 RCW. 98-14-078, § 296-150M-0306, filed 6/30/98, effective 7/31/98.]
See WAC 296-150M-3000 for the fee for an energy conservation permit.
[]
(a) Maintain a minimum twenty pound roof, live load, and provide documentation to the department.
(b) The dead load for the dormer must be the difference between the live load design of the roof and the roof design snow load of the manufactured/mobile home location (as per Snow Load Analysis for Washington, by Structural Engineers Association of Washington).
(c) Existing roofing material, other than the sheathing, must be completely removed under the dormer.
(d) An engineering analysis shall take into account the wind load on the structure, when the dormer extends above the original ridge line of the manufactured/mobile home.
(e) The engineer or architect of record must clarify in writing on the original stamped drawings that the design plans may be used on other manufactured/mobile homes of the same live load, for generic designs that are to be used more than one time.
(f) Submit all manufactured/mobile home alterations to the department to be reviewed by plan review for compliance.
(2) Reroofing of a manufactured/mobile home must be installed and vented according to the manufacturer's installation instructions.
(a) Existing asphalt roof will require removal of the original asphalt roofing material prior to the installation of new asphalt roofing.
(b) If the original asphalt roofing material is not removed and a second layer of asphalt roofing is added, an engineering analysis must be completed to ensure that the existing roof structure can support the additional load while maintaining a 20 psf live roof load.
(c) Metal roofing with or without insulation board applied after removing existing asphalt shingles must:
(i) Follow the roofing manufacturer's installation requirements.
(ii) Maintain minimum pitch of the roof as required by the roofing manufacturer's installation requirements.
(d) Metal roofing with or without insulation board over an existing metal roof must:
Allow the metal roof to be installed over another metal roof as required by the manufacturer's installation requirements.
(3) Replacing floor decking must meet the following requirements:
(a) Plan review is not required for the following:
(i) The floor decking being replaced is not bigger than forty-eight inches by ninety-six inches (each section of home).
(ii) Two-by-six blocking is added to each floor joist and secured with 16d nails at six inches on center.
(iii) Two-by-six blocking is added at the ends of the cut such that one-half is under the existing decking and one-half is under the decking being replaced and is secured with 16d nails, two at each joint.
(iv) Adding floor decking that is the same thickness and grade as originally installed.
(v) Adding decking that is secured with construction adhesive bead and #8x1-3/4 inch screws at six inches on center.
(b) Plan review is required, but engineering will not be required under the following condition:
(i) The floor decking being replaced is greater than forty-eight inches by ninety-six inches.
(ii) The decking being replaced is no more than fifty percent of the floor length, each section of home.
(iii) The decking being replaced is no more than seventy-five percent of the floor width, each section of home.
(c) If the floor decking being replaced is larger than forty-eight inches by ninety-six inches, both plan review and engineering will be required.
(d) On generic designs that are to be used more than once, an engineer or architect must clearly state in writing on the original stamped drawings that the design plans may be used on other manufactured/mobile homes of the same manufacturer.
(4) Additions (i.e., rooms, garages, carports, etc.) added to manufactured/mobile homes.
(a) Labor and industries factory assembled structures section is responsible for any alterations to the manufactured/mobile home. This includes:
(i) Any opening that is added or changed.
(ii) Electrical circuits added to the addition that come from the electrical panel in the manufactured/mobile home.
(iii) Using the manufactured/mobile home for support of the addition.
(b) A plan review is required when adding an addition to a manufactured/mobile home for:
(i) Openings not constructed per the department.
(ii) Manufactured/mobile homes which use the structure for support of the addition.
(iii) Adding a dormer on the home.
| Note: | An engineer or architect licensed in Washington state must design the plans and seal the plans and calculations. The department's FAS plan review section will perform a plan review. |
(d) Local jurisdiction (city or county) is responsible for the inspection of the addition except as noted above.
(e) Items to pay particular attention to:
(i) If the addition is being served by a required egress door:
• The lock must be removed and nonlocking passage hardware installed or the door may be removed entirely leaving a passageway.
• An exit door equal in size to the one removed must be installed in the addition.
(ii) If the addition is being served by a 3rd door and the other doors meet the egress requirements outlined above, no changes to the exterior door are required.
(iii) Electrical circuits run from the manufactured/mobile home electrical panel must:
• Be in conduit if routed under the home; and
• Terminate at the edge of the home in a junction box.
(iv) The addition may be flashed to the manufactured/mobile home for purposes of sealing the exterior joint and may have trim installed on the interior for finishing.
(5) Attaching awnings and carports and garages.
(a) Self-supporting awnings and carports.
When awnings and carports are self-supporting they may be flashed to the manufactured/mobile home and no permit is required from L&I FAS section. Please check with your local jurisdiction building department for any permits required by them.
(b) Awnings and carports using the home for support.
Aluminum or wood awnings and carports that use the manufactured/mobile home for support will need to:
• Have the connections to the home designed and the additional load on the home analyzed by an engineer or architect licensed in Washington state. The engineer or architect will need to seal these designs and calculations;
• The installer must submit the designs to the FAS plan review section for a review; and
• The installer must have the installation inspected, after the plans are approved.
(c) Manufactured home comes from factory garage ready.
If the manufactured home comes from the factory garage ready, no inspection is required by L&I. Garage ready from the factory means:
• Dormers, if required, are installed by the factory;
• All gypsum board required on the home has been installed at the factory;
• Any door between the home and the garage meets the requirements for separation of a residence from a garage as required by the building code;
• All electrical installations meet the requirements of the National Electrical Code for one hour walls;
• The dryer outlet termination has been designed at the factory to not exhaust into the garage; and
• No other changes are required to the manufactured home at the installation site.
| Note: | If any changes are required to the manufactured home at the installation site, an alteration permit is required from the department. |
If the manufactured/mobile home is not garage ready when it leaves the factory, an alteration permit is required. Engineering analysis and plan review may also be required if additional loads are placed upon the home or openings are made or changed.
The following are some examples of when a plan review would be required:
• A dormer is added;
• An opening in the home is made or changed (Note: Openings constructed to the department's approved details would not require a plan review); and
• Gypsum board is added to the wall of the home.
Items to also be aware of:
When a garage is to be attached to a manufactured/mobile home, the following must also be considered:
• The means of egress through exterior doors is not compromised (two are required);
• The means of egress from the bedroom(s) is not compromised (one egress directly to the exterior from each); and/or endwalls are usually shearwalls and any additional openings in them will need an engineering analysis and plan review to substantiate.
(6) Decertification of a manufactured/mobile home.
(a) Can only be decertified if the jurisdiction having authority will allow the unit to remain on the property.
(b) All electrical components, including the electrical panel, receptacles, switches and light must be removed and wires cut to where they enter the device.
(c) All plumbing fixtures and exposed plumbing water, drain and waste lines must be cut off where they enter any wall, floor or ceiling.
(d) All mechanical components including water heaters, furnaces, and kitchen appliances must be removed from the home.
[]
(2) Local jurisdictions may adopt additional installation requirements only for those installation situations not covered by federal standards. For example, local jurisdictions may impose noise control construction ordinances, prescribe the frost depth and soil bearing capacity at the installation site, and adopt requirements to protect manufactured homes in hazardous areas, (see WAC 296-150M-0620).
Also, local jurisdictions may impose their requirements
for snow ((and wind)) loads as long as all structures within
their jurisdiction are required to comply with the same
standard and provided those installing the manufactured home
are given options in satisfying that standard. Such an option
might include, but not be limited to, allowing an installer to
erect an additional structure, which meets local standards,
and protects the manufactured home. For example, an installer
could erect a free standing ramada over a manufactured home to
protect it from local snow loads.
Local jurisdictions may not:
(a) Dictate foundation design and construction which is built according to either the manufacturer's installation instructions or a design created by an engineer or architect licensed in Washington state.
(b) Impose regulations on smoke detectors because they are regulated by federal standards.
[Statutory Authority: RCW 43.22.340 and 43.22.480. 99-13-010, § 296-150M-0600, filed 6/4/99, effective 7/5/99. Statutory Authority: Chapter 43.22 RCW. 98-14-078, § 296-150M-0600, filed 6/30/98, effective 7/31/98. Statutory Authority: RCW 43.22.340, [43.22.]355, [43.22.]360, [43.22.]432, [43.22.]440 and [43.22.]480. 96-21-146, § 296-150M-0600, filed 10/23/96, effective 11/25/96.]
((National Fire Protection Agency
Item Number: ANSIA2251
Phone: 800-344-3555
Address: 1 Batterymatch Park
P.O. Box 9101
Quincy, MA 02269-9101)) Office of Manufactured Housing, Installer Certification, Department of Community, Trade and Economic Development
Post Office Box 42525
Olympia, Washington 98505-2525
Or call 1-800-946-0852
[Statutory Authority: Chapter 43.22 RCW and 2003 c 291. 05-01-102, § 296-150M-0614, filed 12/14/04, effective 2/1/05. Statutory Authority: RCW 43.22.340 and 43.22.480. 99-13-010, § 296-150M-0614, filed 6/4/99, effective 7/5/99.]
| INITIAL FILING FEE | $32.20 | ||
| DESIGN PLAN FEES: | |||
| STRUCTURAL ALTERATION - MASTER DESIGN (CODE CYCLE) | $130.10 | ||
| STRUCTURAL ALTERATION - ONE YEAR DESIGN | $87.20 | ||
| RENEWAL FEE | $38.80 | ||
| RESUBMITTAL FEE | $64.80 | ||
| ADDENDUM (Approval expires on the same date as original plan.) | $64.80 | ||
| ELECTRONIC PLAN SUBMITTAL FEE $4.90 per page for the first set of plans and $0.30 per page for each additional set of plans. These fees are in addition to any applicable design plan fees required under this section. | |||
| DEPARTMENT INSPECTION FEES: | |||
| INSPECTION | |||
| MECHANICAL | |||
| Heat Pump | $31.80 | ||
| Combination Heat Pump (new) and Furnace (replacement) | $42.40 | ||
| Air Conditioning | $31.80 | ||
| Combination Air Conditioning (new) and Furnace (replacement) | $42.40 | ||
| Furnace Installation (gas*** or electric) | $31.80 | ||
| Gas*** Piping | $31.80 | ||
| Wood Stove | $31.80 | ||
| Pellet Stove | $31.80 | ||
| Gas*** Room Heater | $31.80 | ||
| Gas*** Decorative Appliance | $31.80 | ||
| Range: Changing from electric to gas*** | $31.80 | ||
| Gas*** Water Heater Replacement | $21.20 | ||
| Water Heater: Changing from electric to gas*** | $21.20 | ||
| Any combination of Furnace, Range, and Water Heater changing from electric to gas*** and includes Gas Piping charge | $63.70 | ||
| ELECTRICAL | |||
| Heat Pump | $42.40 | ||
| Heat Pump (when home is prewired for a heat pump) | $10.60 | ||
| Combination Heat Pump (new) and Furnace (replacement) | $53.10 | ||
| Air Conditioner | $42.40 | ||
| Air Conditioner (when home is prewired for an air conditioner) | $10.60 | ||
| Combination Air Conditioner (new) and Furnace (replacement) | $53.10 | ||
| Furnace Installation (gas or electric) | $42.40 | ||
| Wood Stove (if applicable) | $42.40 | ||
| Pellet Stove (if applicable) | $42.40 | ||
| Gas*** Room Heater (if applicable) | $42.40 | ||
| Gas*** Decorative Appliance (if applicable) | $42.40 | ||
| Range: Changing from gas*** to electric | $42.40 | ||
| Electric Water Heater Replacement | $42.40 | ||
| Electric Water Heater replacing Gas*** Water Heater | $42.40 | ||
| Each added or modified 120 volt circuit (maximum charge is two circuits) | $42.40 | ||
| Each added 240 volt circuit (for other than Heat Pumps, Air Conditioners, Furnaces, Water Heaters, Ranges, Hot Tubs or Spas) | $42.40 | ||
| Hot Tub or Spa (power from home electrical panel) | $42.40 | ||
| Replace main electrical panel | $42.40 | ||
| Low voltage fire/intrusion alarm | $42.40 | ||
| Fire Safety | $42.40 | ||
| Any combination of Furnace, Range and Water Heater changing from electric to gas*** | $42.40 | ||
| PLUMBING | |||
| Fire sprinkler system (also requires a plan review) | $21.20 | ||
| Each added fixture | $21.20 | ||
| Replacement of water piping system (this includes two inspections) | $95.60 | ||
| STRUCTURAL | |||
| Inspection as part of a mechanical/fire safety installation (cut truss/floor joist, sheet rocking) | $42.40 | ||
| Reroofs (may require a plan review) | $74.30 | ||
| Changes to home when additions bear loads on home per the design of a professional (also requires a plan review) | $74.30 | ||
| Other structural changes (may require a plan review) | $74.30 | ||
| Fire Safety (may also require an electrical fire safety inspection) | $42.40 | ||
| MISCELLANEOUS | |||
| Other structural changes (may require a plan review) | $74.30 | ||
| Plan Review | $84.90 | ||
| OTHER REQUIRED INSPECTIONS (Per hour*) | $58.40 | ||
| ALL REINSPECTIONS (Per hour*) | $58.40 | ||
| Refund | $10.60 | ||
| INSIGNIA FEES: | |||
| ALTERATION | $10.60 | ||
| FIRE SAFETY CERTIFICATE | $10.60 | ||
| REISSUED - LOST/DAMAGED | $10.60 | ||
| IPIA | |||
| DEPARTMENT AUDIT FEES | |||
| REGULARLY SCHEDULED IPIA AUDIT: | |||
| First inspection on each section (one time only) | $29.50 | ||
| Second and succeeding inspections of unlabeled sections (Per hour*) | $64.80 | ||
| OTHER IPIA FEES: | |||
| Red tag removal during a regularly scheduled IPIA audit (Per hour*separate from other fees) | $64.80 | ||
| Red tag removal at a time other than a regularly scheduled IPIA audit (Per hour* plus travel time* and mileage**) | $64.80 | ||
| Increased frequency surveillance (Per hour* plus travel time* and mileage**) | $64.80 | ||
| Attendance at manufacturers training classes (Per hour* only) | $64.80 | ||
| Subpart "I" investigations (Per hour* plus travel time* and mileage**) | $64.80 | ||
| Alterations to a labeled unit (Per hour* plus travel time* and mileage**) | $64.80 | ||
| IPIA Issues/Responses (Per hour* Plus travel time* and mileage**) | $64.80 | ||
| Monthly surveillance during a regularly scheduled IPIA audit (Per hour*plus travel time* and mileage**) | $64.80 | ||
| Monthly surveillance at a time other than a regularly scheduled IPIA audit (Per hour* plus travel time* and mileage**) | $64.80 | ||
| Plant certifications, recertifications and addenda updates (Per hour* plus travel time* and mileage** per each inspector) | $64.80 | ||
| Response to HBT Audit during a regularly scheduled IPIA audit (Per hour*) | $64.80 | ||
| Response to HBT Audit at a time other than a regularly scheduled IPIA audit (Per hour* plus travel time*and mileage**) | $64.80 | ||
| Alternative construction (AC) letter inspections at placement site (Per hour* plus travel time*and mileage**) | $64.80 | ||
| Replacement of HUD labels (Per hour* plus travel time* and mileage**) | $64.80 | ||
| State Administrative Agency (SAA) inspection fee (Per hour* plus travel time* and mileage**) | $64.80 | ||
| OTHER FEES: | |||
| FIELD TECHNICAL SERVICE (Per hour plus travel time* and mileage**) | $60.00 | ||
| PUBLICATION PRINTING AND DISTRIBUTION OF RCWs AND WACs (One free copy per year upon request) | $11.90 | ||
| VARIANCE INSPECTION FEE | $84.90 | ||
| HOMEOWNER REQUESTED INSPECTION | $84.90 | ||
| DECERTIFICATION OF A MOBILE/MANUFACTURED HOME | $84.90 | ||
| DEMOLITION OF A MOBILE/MANUFACTURED HOME | $84.90 | ||
| ENERGY CONSERVATION PERMIT | $15.00 | ||
| NOTE: Local jurisdictions may have other fees that apply. | |||
| * | Minimum charge of 1 hour; time spent greater than 1 hour is charged in 1/2 hour increments. | ||
| ** | Per state guidelines. | ||
| *** | Gas means all gases; natural, propane, etc. | ||
[Statutory Authority: Chapters 18.106, 43.22, and 70.87 RCW. 06-10-066, § 296-150M-3000, filed 5/2/06, effective 6/30/06. Statutory Authority: Chapter 43.22 RCW and 2005 c 399. 05-24-020, § 296-150M-3000, filed 11/29/05, effective 1/1/06. Statutory Authority: Chapters 18.27, 43.22, and 70.87 RCW. 05-12-032, § 296-150M-3000, filed 5/24/05, effective 6/30/05. Statutory Authority: Chapters 18.27 and 43.22 RCW. 04-12-048, § 296-150M-3000, filed 5/28/04, effective 6/30/04. Statutory Authority: RCW 43.22.340, 43.22.400, 43.22.432, 43.22.433, 43.22.434, 43.22.480, and 43.22.485, 2002 c 268, and chapter 43.22 RCW. 03-12-044, § 296-150M-3000, filed 5/30/03, effective 5/30/03. Statutory Authority: RCW 43.22.350, 43.22.434, 43.22.480, 43.22.500, 18.27.070, 18.27.075, 70.87.030, 19.28.041, 19.28.051, 19.28.101, 19.28.121, 19.28.161, 19.28.201, 19.28.211, 19.28.341, 2001 c 159, and chapters 43.22, 19.28, 18.27, and 70.87 RCW. 01-12-035, § 296-150M-3000, filed 5/29/01, effective 6/29/01. Statutory Authority: RCW 43.22.340, 43.22.350, 43.22.355, 43.22.360, 43.22.400, 43.22.432, 43.22.433, 43.22.434, 43.22.450, 43.22.480, and 43.22.485. 00-17-148, § 296-150M-3000, filed 8/22/00, effective 9/30/00. Statutory Authority: Chapters 43.22, 18.27, 70.87 and 19.28 RCW. 99-12-080, § 296-150M-3000, filed 5/28/99, effective 6/28/99. Statutory Authority: Chapters 18.106, 18.27 and 43.22 RCW. 98-12-041, § 296-150M-3000, filed 5/29/98, effective 6/30/98. Statutory Authority: RCW 70.87.030, 18.27.070, [18.27.]075, 43.22.350, [43.22.]355, [43.22.]434 and [43.22.]480(2). 97-11-053, § 296-150M-3000, filed 5/20/97, effective 6/30/97. Statutory Authority: RCW 43.22.340, [43.22.]355, [43.22.]360, [43.22.]432, [43.22.]440 and [43.22.]480. 96-21-146, § 296-150M-3000, filed 10/23/96, effective 11/25/96.]