PROPOSED RULES
LABOR AND INDUSTRIES
Original Notice.
Preproposal statement of inquiry was filed as WSR 09-17-121.
Title of Rule and Other Identifying Information: Chapter 296-150I WAC, Manufactured housing installer training and certification program.
Hearing Location(s): Department of Labor and Industries, 7273 Linderson Way S.W., S117, Tumwater, WA, on February 1, 2010, at 10:00 a.m.
Date of Intended Adoption: February 16, 2010.
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 February 1, 2010.
Assistance for Persons with Disabilities: Contact Sally Elliott by January 15, 2010, (360) 902-6411 or yous235@lni.wa.gov.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: 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 the 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. |
| • | 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. |
| • | Increase fees to cover operating expenses. |
Reasons Supporting Proposal: See Purpose above.
Statutory Authority for Adoption: Chapter 43.22A RCW and chapter 464, Laws of 2009 (ESHB 1244).
Statute Being Implemented: Chapter 43.22A RCW and chapter 464, Laws of 2009 (ESHB 1244).
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: Steve Mclain, Tumwater, (360) 902-6348.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The department is exempt from conducting a small business economic impact statement since the proposed rules set or adjust fees or rates to legislative standards described in RCW 19.85.025 referencing RCW 34.05.310 (4)(f).
A cost-benefit analysis is not required under RCW 34.05.328. The department is exempt from conducting a cost-benefit analysis since the proposed rules set or adjust fees or rates pursuant to legislative standards described in RCW 34.05.328 (5)(b)(vi).
December 22, 2009
Judy Schurke
Director
OTS-2761.6
AMENDATORY SECTION(Amending WSR 08-12-040, filed 5/30/08,
effective 6/30/08)
WAC 296-150I-0050
What is the application process?
A
person desiring to be certified as a manufactured home
installer under chapter 43.22A RCW must submit a signed
application form and fee specified in WAC 296-150I-3000 to the
department, which contains the following information:
(1) The applicant's full name, date of birth, driver's
license number or other government identification number, and
Social Security number ((of the person applying for
certification)). Social Security numbers are required on
applications for professional licenses pursuant to RCW 26.23.150 and federal law PL 104-193, The Personal
Responsibility and Work Opportunity Reconciliation Act of
1996.
(2) ((Application fee specified in WAC 296-150I-3000.
(3))) Written affidavit documenting evidence of experience as required under RCW 43.22A.040.
(((4) Any application received after the class cut-off
date is subject to the late application fee specified in WAC 296-150I-3000.)) (3) Business name, phone number, and
contractor registration number, if applicable. Status of
applicant, i.e., owner or employee.
(4) Training/examination location and date preference.
(5) If the application is denied by the department as a result of the applicant's failure to meet the requirements of chapter 43.22A RCW and this chapter, the department will attempt to notify the applicant prior to the date the applicant is scheduled to attend the training and examination.
[Statutory Authority: Chapter 43.22A RCW and 2007 c 432. 08-12-040, § 296-150I-0050, filed 5/30/08, effective 6/30/08.]
(((1))) (2) The application must:
(a) Be ((hand-delivered to the department or postmarked
no later than midnight on the date of expiration of an
installer's current certification)) received by the department
on or before the installer's certification expiration date.
(b) Be accompanied by the certification renewal fee specified in WAC 296-150I-3000.
(((2))) (3) If a certified installer fails to apply for
renewal and provide proof of continuing education within
ninety days ((of)) prior to the expiration of the installer's
current certification, the installer must reapply for
installer certification and meet all requirements for
installer certification as set forth in chapter 43.22A RCW and
this chapter.
(((3))) (4) Before a new certification is issued, the
certified installer must provide proof to the department that
the certified installer has met the continuing education
requirements set forth in this chapter.
(((4))) (5) The department will attempt to notify
installers prior to expiration; however, it is the installer's
responsibility to ensure timely renewal.
[Statutory Authority: Chapter 43.22A RCW and 2007 c 432. 08-12-040, § 296-150I-0070, filed 5/30/08, effective 6/30/08.]
(2) Where applicable, the department must send notice to the certificate holder's employer regarding revocation of an installer certification.
(3) A person may reapply for a manufactured home installer certification two years after the effective date of the revocation by submitting a completed application and payment for training and examination. Upon passing the written examination, a certificate of manufactured home installation will be issued.
[Statutory Authority: Chapter 43.22A RCW and 2007 c 432. 08-12-040, § 296-150I-0080, filed 5/30/08, effective 6/30/08.]
(2) Installer certification requirements do not eliminate any requirements of chapter 18.27 RCW to become a registered contractor.
(3) An out-of-state mobile/manufactured home dealer who performs the set-up, installation, or repair work must be an active registered contractor. The mobile/manufactured home dealer must employ at least one certified installer to supervise the installation.
[Statutory Authority: Chapter 43.22A RCW and 2007 c 432. 08-12-040, § 296-150I-0120, filed 5/30/08, effective 6/30/08.]
Homeowners performing the installation, on-site work or equipment installation work on their own manufactured home are not required to acquire and affix an installer certification tag.
(1) Installer certification tags may only be purchased by a certified manufactured home installer or by a manufactured home retailer licensed by Washington state department of licensing.
(a) The certified manufactured home installer or manufactured home retailer purchasing the installer certification tag is responsible for complying with the security, use, and reporting requirements of this chapter.
(b) Manufactured home retailers may purchase installer certification tags in bulk and issue them to certified manufactured home installers employed by the manufactured home retailer.
(2) In order to purchase installer certification tags, the certified manufactured home installer or manufactured home retailer shall submit an application to the department or local enforcement agency on a form approved by the department. The application shall be accompanied by the appropriate installer certification tag fee as set forth in WAC 296-150I-3000.
(3) The department or manufactured home retailer may issue a maximum of thirty certification tags to a certified manufactured home installer. A certified manufactured home installer may not have more than thirty installer certification tags issued at any one time for which the reporting requirements of this section have not been met.
(4) Installer certification tags cannot be transferred or assigned without the written approval of the department. Fees paid for installer certification tags are not refundable.
(a) If a certified manufactured home installer's certification is suspended, revoked, or expires, all unused installer certification tags assigned to the certified manufactured home installer must be returned to the department.
(b) If a certified manufactured home installer or manufactured home retailer ceases to do business, all unused installer certification tags must be returned to the department.
(c) If a manufactured home retailer changes ownership, unused installer certification tags may be transferred to the new ownership if the department approves the transfer following receipt of a written request for transfer from the manufactured home retailer.
(5) Issuance of installer certification tags may be denied if:
(a) The certified manufactured home installer's certification has been revoked or suspended pursuant to chapter 43.22A RCW;
(b) The certified manufactured home installer has failed to comply with the reporting requirements of this chapter;
(c) The department has evidence that the certified
manufactured home installer has misused the installer
certification tag by not complying with the requirements of
this chapter; ((or))
(d) The certified manufactured home installer possesses installer certification tags in excess of the quantity authorized by subsection (3) of this section for which the reporting requirements of this chapter have not been met; or
(e) The certified manufactured home installer is not an active registered contractor or an employee of a manufactured home retailer or active registered contractor licensed in Washington.
[Statutory Authority: Chapter 43.22A RCW and 2007 c 432. 08-12-040, § 296-150I-0140, filed 5/30/08, effective 6/30/08.]
(1) Random site inspections; and
(2) Audit of installers certification tag reports.
The certified installer must enter their Washington
installer certification number (((WAINS))) on the installer
tag for each element they are supervising.
[Statutory Authority: Chapter 43.22A RCW and 2007 c 432. 08-12-040, § 296-150I-0200, filed 5/30/08, effective 6/30/08.]
(1) Installation of a new manufactured home.
(a) The initial manufactured home installation must be conducted according to the manufacturer's instructions.
(b) If the manufacturer's instructions do not address an aspect of the installation, you may request:
(i) Specific instructions from the manufacturer; or
(ii) Specific instructions from a professional engineer or architect licensed in Washington state.
For example:
• A manufactured home is installed over a basement and the manufacturer's instructions do not address this application;
• A manufactured home is installed on a site where the specific soil bearing capacity is not addressed in the manufacturer's instructions.
(c) All manufactured homes installed in Washington state must be permanently anchored except for those installed on dealer lots. On dealer lots, temporary sets are permitted without anchoring being installed. A manufactured home must be anchored according to the manufacturer's installation instructions or according to the design of a professional engineer or architect licensed in Washington state. Local jurisdictions may not prescribe anchoring methods.
(d) A manufactured home must have a skirting around its entire perimeter. It must be installed per the manufacturer's installation instructions or if the manufacturer is not specific, to the standards in this section. Do not enclose with skirting areas under recessed entries, porches or decks, (whether constructed as part of the home or added on-site) unless skirting is of the fully vented type and installed so as to allow water to freely flow out from under the home. Porch areas open to the crawl space area of the home must have ground cover removed; ground directly below the porch must slope away from the home. It must be vented and allow access to the under floor area per the manufacturer's installation instructions or per the standards below if the manufacturer's instructions are not available.
If the manufacturer's skirting and access instructions are not specific, skirting, ventilation and access shall be installed as follows:
(i) Skirting:
• Must be made of materials suitable for ground contact.
• Metal fasteners must be made of galvanized, stainless steel or other corrosion-resistant material.
• Ferrous metal members in contact with the earth, except those made of galvanized or stainless steel, must be coated with an asphaltic emulsion.
• Must not trap water between the skirting and siding or trim.
• Must be recessed behind the siding or trim.
(ii) Ventilation:
For homes sited in a flood plain, contact the local jurisdiction regarding proper skirting ventilation. Except for those manufactured homes sited in a flood plain, all skirting and vent openings must:
• Be covered with corrosion-resistant wire mesh to prevent the entrance of rodents. The size of the mesh opening cannot exceed 1/4 inch.
• Have a net area of not less than one square foot for each one hundred fifty square feet of under floor area.
• Be located as close to corners and as high as practical and they must provide cross ventilation on at least two opposite sides.
(iii) Access:
• The under floor area of a manufactured home must have a finished opening at least eighteen inches by twenty-four inches in size.
• Opening must be located so that all areas under a manufactured home are available for inspection.
• Opening must be covered and that cover must be made of metal, pressure treated wood or vinyl.
(e) A manufactured home site must be prepared per the manufacturer's installation manual or per ANSI A225.1, 1994 edition, section 3.
(f) Heat duct crossovers must be installed per the manufacturer's installation instruction manual or per ANSI A225.1 or the following instructions if the manufacturer's instructions are not available:
Heat duct crossovers must be supported at least one inch above the ground by strapping or blocking. They must be installed to avoid standing water. Also, they must be installed to prevent compression, sharp bends, and to minimize stress at the connections.
(g) Dryer vents must exhaust to the exterior side of the wall or skirting. Dryer ducts outside the manufactured home shall comply with the dryer manufacturer's specifications or shall be made of metal with smooth interior surfaces.
(h) Hot water tank pressure relief lines must exhaust to the exterior side of the exterior wall or skirting and must exhaust downward. The end of the pipe must be at least six inches but not more than two feet above the ground.
(i) Water heater pans are only required where the installation instructions are specific for warranty or the home was produced after June 2006. The pressure relief line must exit the skirting of the home as well as the relief line for any pan installed and not to be interconnected.
(ii) Expansion tanks are not required by the department; however, you may want to check with your local jurisdiction prior to installation of your water heater.
(i) Water piping must be protected against freezing as per the manufacturer's installation instructions or by use of a heat tape listed for use with manufactured homes and installed per the heat tape manufacturer's installation instructions.
(j) The testing of water lines, waste lines, gas lines, and electrical systems must be as per the manufacturer's installation instructions. If the manufacturer's installation instructions require testing of any of these systems, the local jurisdiction is responsible for verifying that the tests have been performed and passed. Electrical connections and testing are the responsibility of the electrical section of labor and industries except where a city has assumed the electrical inspection responsibilities for their jurisdiction. In that case, the city's electrical inspectors are responsible for the electrical connections and testing.
(k) During the installation process, a ground cover must be installed under all manufactured homes. The ground cover must be a minimum of six-mil black polyethylene sheeting or its equivalent (exception to ANSI A225.1 (3.5.2)). The ground cover may be omitted if the under floor area of the home has a concrete slab floor with a minimum thickness of three and one-half inches.
(l) Clearances underneath manufactured homes must be maintained at a minimum of eighteen inches beneath at least seventy-five percent of the lowest member of the main frame (I-beam or channel beam) and the ground or footing. No more than twenty-five percent of the lowest member of the main frame of the home shall be less than eighteen inches above the ground or footing. In no case shall clearance be less than twelve inches anywhere under the home (exception to ANSI A225.1 (4.1.3.3)).
(m) Heat pump and air conditioning condensation lines must be extended to the exterior of the manufactured home.
(2) Installation of a relocated manufactured (mobile) home.
(a) A relocated manufactured home installation should be conducted according to the manufacturer's installation instructions.
(b) If the manufacturer's instructions are unavailable, you may use either:
(i) The American National Standard Institute (ANSI) standard ANSI A225.1 - Manufactured Homes Installation, 1994 edition instructions; or
(ii) The instructions of a professional engineer or architect licensed in Washington state.
(c) If either (b)(i) or (ii) of this subsection is used, all of the requirements of subsection (1)(c) through (m) of this section must also be followed.
[Statutory Authority: Chapter 43.22A RCW and 2007 c 432. 08-12-040, § 296-150I-0310, filed 5/30/08, effective 6/30/08.]
• A homeowner;
• A certified installer;
• An individual who is supervised by an on-site certified installer; or
• A specialty trades person, such as a plumber or electrician, for certain aspects of installation.
(2) A certified installer must be a registered contractor, an employee of a registered contractor, or an employee of a registered dealership. (See chapter 43.22A RCW for details about which aspects of installation require the presence of a certified installer.)
[Statutory Authority: Chapter 43.22A RCW and 2007 c 432. 08-12-040, § 296-150I-0350, filed 5/30/08, effective 6/30/08.]
Local enforcement agencies may enter into interagency agreements with the department to perform on-site installation inspections on behalf of the authority having jurisdiction (AHJ). A permit must be purchased with the department for these inspections.
[Statutory Authority: Chapter 43.22A RCW and 2007 c 432. 08-12-040, § 296-150I-0370, filed 5/30/08, effective 6/30/08.]
The repair and inspection shall be performed to either:
(a) Plans approved by the manufacturer's design approval primary inspection agency; or
(b) Plans approved by an engineer or architect licensed in Washington and have the plans approved by the FAS plan review section;
(2) ((An alteration insignia shall be placed upon the
home after the repair has been approved.
(3))) Electrical and plumbing alterations to the damaged manufactured/mobile home shall be performed by a Washington state licensed electrician and/or plumber.
| EXCEPTIONS: | Damaged home is taken back to the factory. |
| Minor damage such as shingles, broken window(s), paint damage, minor siding damage, torn bottom paper etc., would not require a permit. |
[Statutory Authority: Chapter 43.22A RCW and 2007 c 432. 08-12-040, § 296-150I-0410, filed 5/30/08, effective 6/30/08.]
| The following fees are payable to the department in advance: | |||
| Training and certification | $(( |
||
| Training only (( |
$(( |
||
| Manufactured/mobile home installation inspector training | $(( |
||
| (( |
|||
| Refund | $(( |
||
| Certification renewal | $(( |
||
| Continuing education class | $(( |
||
| Retake failed examination and
training(( |
$39.00 | ||
| (( |
|||
| Manufactured home installer
(( |
$(( |
||
| Installer certification tag | $(( |
||
(2) If an applicant has paid fees to attend training or to take an examination and is unable to attend the scheduled training or examination, the applicant may:
(a) Change to another scheduled training and examination; or
(b) Request a refund.
(3) An applicant who fails the examination shall not be entitled to a refund.
[Statutory Authority: Chapter 43.22A RCW and 2007 c 432. 08-12-040, § 296-150I-3000, filed 5/30/08, effective 6/30/08.]