WSR 09-17-121

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed August 18, 2009, 4:12 p.m. ]

     Subject of Possible Rule Making: Manufactured home installer training and certification program, chapter 296-150I WAC.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 43.22A RCW and chapter 464, Laws of 2009 (ESHB 1244).

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The installer certification program certifies all individuals who install manufactured housing. The program provides training and testing for all installers and assists harmed consumers if the job is not done properly.

     The program's expenditures are projected to exceed revenue for fiscal year 2010 by $38,000. In order to meet the shortage, the program will be increasing the fees to cover operating costs. This fee increase was further supported by the passage of chapter 464, Laws of 2009 (ESHB 1244 - 2009 budget), which includes the authority to increase these fees to cover operating expenses.

     The following changes will also be made:

Update the rules to reflect the new application process for certified installers.
Requiring installer certification for onsite certification (tear down and prepare for transportation of homes) work that is required. Create rules to be consistent with Oregon.
The department has the authority to suspend or revoke an installer's certificate. Rules need to be developed to set a time frame on how long a certificate will be suspended or revoked.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

     Process for Developing New Rule: Parties interested in these rules may contact the individual listed below. The public may also participate by commenting after amendments are proposed by providing written comments and/or testimony during the public hearing and comment process. Public hearings will be held after the proposal is filed.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Sally Elliott, Department of Labor and Industries, Specialty Compliance Services Division, P.O. Box 44400, Olympia, WA 98504-4400, phone (360) 902-6411, fax (360) 902-5292, e-mail yous235@lni.wa.gov.

August 18, 2009

Judy Schurke

Director

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