Preproposal statement of inquiry was filed as WSR 12-11-071.
Title of Rule and Other Identifying Information: WAC 468-38-120 Transport of extra-legal manufactured housing, this WAC provides specific rules and vehicle load requirements for the transport of manufactured housing on state highways.
Hearing Location(s): Washington State Department of Transportation, Commission Board Room 1D2, 310 Maple Park Avenue S.E., Olympia, WA 98504, on August 22, 2012, at 1:30 p.m.
Date of Intended Adoption: August 22, 2012.
Submit Written Comments to: James L. Wright, P.O. Box 47367, Olympia, WA 98504-7367, e-mail email@example.com, fax (360) 704-6345, by August 17, 2012.
Assistance for Persons with Disabilities: Contact Grant Heap by August 17, 2012, TTY (360) 705-7760 or (360) 705-6808.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed change will allow the movement of mobile homes exceeding the current seventy-five foot length. There are special cases where manufactured homes are built longer than seventy-five feet and this proposal will authorize their movement on a case-by-case basis dependent on approval by affected maintenance areas along the route. The extra length will be limited to eighty feet.
This proposal mirrors the requirements for manufactured homes traveling in the state of Oregon. The state of Idaho authorizes eighty feet length without special approval.
This proposal will only affect WAC 468-38-120 by adding language to approve manufactured homes in excess of seventy-five feet long but not to exceed eighty feet long.
Statutory Authority for Adoption: RCW 46.44.090 and 46.44.093.
Statute Being Implemented: RCW 46.44.090.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: There is no fiscal impact with this proposal. Authorization to move the extra length manufactured homes will be dependent on affected maintenance area approvals. This proposal was initiated by the manufactured home industry.
Enforcement will be by commercial vehicle enforcement officers, primarily the Washington state patrol, commercial vehicle division.
Name of Proponent: Joan Brown, Executive Director, Northwest Housing Association, 1530 Evergreen Park Drive S.W., Olympia, WA 98502, private.
Name of Agency Personnel Responsible for Drafting: James Wright, 7345 Linderson Way S.W., Tumwater, WA, (360) 704-6345; Implementation: Anne Ford, 7345 Linderson Way S.W., Tumwater, WA, (360) 705-7341; and Enforcement: Captain Jason Berry WSP, 210 11th Street, GA Building, Olympia, WA, (360) 596-3800.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This proposal increases the length limitations for a manufactured home for transport but has no impact on reporting, recordkeeping, and any other compliance requirements or costs to businesses small or large.
A cost-benefit analysis is not required under RCW 34.05.328. There are no additional costs or requirements for moving a manufactured home with implementation of this proposal. The proposal adds an authorization for manufactured homes exceeding seventy-five feet long but not exceeding eighty feet long to be moved with the approval of affected maintenance areas. Authorization is dependent on determining that the safety of other highway users is not impaired and adjacent states authorize the move if it is continuing into that adjacent state.
July 11, 2012
Stephen T. Reinmuth
Chief of Staff
AMENDATORY SECTION(Amending WSR 06-07-025, filed 3/7/06, effective 4/7/06)
WAC 468-38-120 Transport of extra-legal manufactured housing. (1) How many vehicles can be combined in the move of a manufactured home? The vehicle combination is limited to two vehicles, a towing unit, sometimes referred to as a "toter," and the semi-trailer designed housing unit.
(2) What are the dimensional limits of the combination? While the overall combination is not limited by dimension, the following limits are established:
(a) Length: The length of the manufactured housing unit may not exceed seventy-five feet, including the length of the tongue.
(i) The department's administrator for commercial vehicle services, or designee, is authorized to issue permits, on an individual basis, authorizing the transport of a unit when the length exceeds that specified in (a) of this subsection, but the housing unit will not exceed eighty feet in length, including the length of the tongue.
(ii) In issuing permits under this rule, the administrator will determine the following:
(A) The safety of other highway users will not be impaired; and
(B) The adjacent states, through which the manufactured home may be transported, must also authorize the movement.
(b) Width: The width of the manufactured housing unit must not exceed a box (base) width of sixteen feet. The unit may have an eave provided it does not extend beyond either side by:
(i) More than thirty inches for units with a box width less than sixteen feet wide; or
(ii) More than sixteen inches for a unit with a box width of sixteen feet; however, the overall width shall not, under any circumstances, exceed eighteen feet.
(c) Width exemptions: External features, such as doorknobs, window fasteners, eave cap, clearance lights, and load securing devices, that extend no more than two inches on each side of the unit, are exempt from the overall width measurement.
(d) Height: The height of the unit is limited to the actual overhead clearance of the route.
(3) What are the criteria for receiving an annual/monthly special permit versus a single trip special permit?
(a) Annual/monthly permits are issued only to dealers or manufacturers described in chapter 46.70 RCW or licensed transporters described in chapter 46.76 RCW. Use of the annual/monthly permit is restricted to the movement of housing units with a box width not exceeding fourteen feet wide, plus an eave not to exceed twelve inches, and a height not to exceed fifteen feet measured from level ground when in transit mode.
(b) Single trip permits are required when the permit applicant is not a qualified dealer or transporter as described in (a) of this subsection, or when the width of the housing unit box exceeds fourteen feet wide, the overall width exceeds fifteen feet wide, and/or the height exceeds fifteen feet measured from level ground when in transit mode. Housing units that exceed sixteen feet wide and/or sixteen feet high must also comply with the requirements of WAC 468-38-405 Superloads, prior to the issuance of a special permit.
(4) When is it necessary to include a pilot/escort vehicle(s) in the movement of a manufactured house? The requirements for a pilot/escort vehicle escorting a manufactured home are the same as those found in WAC 468-38-100, except that the use of a height measuring device (pole) on the front pilot/escort vehicle is not required until the overall height of the housing unit exceeds fifteen feet. The vehicle or load width referenced in WAC 468-38-100 is to be interpreted as overall width when measuring a manufactured home.
(5) What are the insurance requirements, and what special reporting responsibilities does the transporter have in case of an accident?
(a) Insurance requirements for the movement of a manufactured home are outlined in RCW 46.44.180.
(b) When an incident occurs while transporting a manufactured house under special permit, the transporter must immediately notify the nearest state patrol office if the damage to the manufactured home is greater than two hundred fifty dollars or if the damage to other vehicles or structures exceeds one hundred dollars. The transport of the home must not resume without permission from the state patrol.
(6) What requirements must a manufactured home meet for axles, brakes, tires and other suspension components before it can be transported?
(a) Axles on each housing unit in transport must be in sufficient number to support enough tires to comply with (c)(i) and (ii) of this subsection. Any housing unit exceeding fourteen feet wide must have a minimum of four axles.
(b) Brakes must be designed and installed to activate if the housing unit accidentally breaks away from the towing vehicle. The brakes on all vehicle/housing unit combinations must be capable of complying with the braking performance requirements of RCW 46.37.351. In addition, there must be compliance with the following special installation criteria:
(i) For housing units manufactured prior to June 15, 1976, brake installation must, at a minimum, comply with the following table:
|Width of Unit at Base||Number of Axles Required||Wheels w/ Brakes|
|> 8' 6" but < 10'||2 or more||All wheels on 2 axles (a towing unit w/minimum. 9,000 GVWR all wheels on 1 axle)|
|10' to 14' (under 60' in length)||2 or more (3 or more if > 60' long)||All wheels on 2 axles (tires w/minimum 8:00 x 14.5, 10 ply)|
(c) Tire loadings are dependent on when the housing unit was manufactured and must comply as follows:
(i) Tire loadings on housing units manufactured after January 1, 2002, (labeled pursuant to Code of Federal Regulation, 24 C.F.R. 3282.362 (c)(2)(i)) may not exceed the manufacturer's rating as marked on the sidewall. In the absence of a sidewall marking, the tires on the housing unit must comply with the load rating specified in any of the publications of any organization listed in the Federal Motor Carrier Safety Standard (FMCSS) No. 119 (49 C.F.R. 571.119, S5.1 (b)). Housing units with no verifiable date of manufacture must also not exceed the manufacturer's tire load rating.
(ii) Tire loadings on housing units manufactured before January 1, 2002, (labeled pursuant to 24 C.F.R. 3282.362 (c)(2)(i)) must not exceed more than eighteen percent above the manufacturer's rating as marked on the sidewall. In the absence of a sidewall marking, the tires on the housing unit must not exceed eighteen percent above the load rating specified in any of the publications of any organization listed in the Federal Motor Carrier Safety Standard (FMCSS) No. 119 (49 C.F.R. 571.119, S5.1 (b)). Housing units transported on tires overloaded by nine percent or more must not be moved at speeds exceeding fifty miles per hour (eighty kilometers per hour).
(d) Tow spare tires, inflated and ready for use, must be carried during transport.
(e) The manufacturer's rating must not be exceeded for any wheel, axle, drawbar, hitch, or other suspension device.
(7) Does a tow vehicle (toter) have any special requirements? Yes. The tow vehicle must:
(a) Be equipped with dual wheels on the drive axle.
(b) Have a combined minimum gross axle weight rating, assigned by the manufacturer, of thirty-two thousand pounds, if the housing unit being transported exceeds fourteen feet wide.
(c) Have sufficient engine horsepower to maintain towing speeds of forty-five miles per hour on the interstate and thirty-five miles per hour on other highways.
(8) What unique travel requirements must be complied with? Requirements for signs, lights, unit covering, routes, speed, moving multiple units at the same time and lane of travel are as follows:
(a) Signs for the towing unit and housing unit must comply with WAC 468-38-155(7). The sign for the housing unit must be mounted on the rear of the unit, on a horizontal plane, between five and seven feet above the road surface.
(b) In addition to any other lighting requirements in law or rule, two six-inch flashing amber lights, with a minimum of thirty-five candle power, a flashing cycle of sixty to one hundred twenty times per minute during transit, must be mounted on the rear of the housing unit, on a horizontal plane, at least ten feet above the road surface. An additional two lights, of the same specifications, must be mounted above the roofline of the towing vehicle, either on the towing vehicle roof or the front of the housing unit. The two lights at each location, front and rear, must be located as close to the outside extremities of the housing unit as practical.
(c) Coverings of open sides may be with a rigid material such as plywood or hardboard, or a sufficiently strong ply plastic. When plastic is used, a grillwork of lumber or similar material must be applied to prevent tears and/or billowing of the material.
(d) Routes of travel with restrictions must be strictly adhered to. Housing units in transport mode that exceed sixteen feet high or sixteen feet wide must be approved for travel on a case-by-case basis, as per WAC 468-38-405, Superloads. Dealers selling extra-legal manufactured homes must advise the prospective purchaser in writing that not all state highways are approved for the transport of manufactured homes in excess of twelve feet wide.
(e) Speed of the in-transit housing unit is governed by WAC 468-38-175(5).
(f) Multiple housing units moving together must comply with WAC 468-38-175(6), Moves in convoy.
(g) The right-hand lane must be used for travel, except when passing or avoiding an obstruction. On two-lane highways, housing units must not pass other vehicles except when required to pass a slow moving vehicle that is hindering safe traffic flow.
(9) Is a decal from the county treasurer required before a manufactured home can be transported? Yes, except as provided for in RCW 46.44.170 (2)(a) and (b), a decal issued by the county treasurer must be displayed on the rear of the manufactured home during transport on public highways of this state. If the manufactured home is being transported as multiple units (double-wide or more), an individual decal must be displayed on each unit being transported.
(10) How is the county treasurer decal issued? The decal is issued at the same time the county treasurer issues the tax certificate that shows all taxes have been paid to date.
(11) RCW 46.44.170 requires the department to design the decal for uniform implementation. What are the design specifications? The decal must:
(a) Be at least eight and one-half inches square.
(b) Be printed on Appleton Radiant ((
Fluorescent Bristol (weight .010) or paper of comparable
(c) Be fluorescent orange in color.
(d) Disclose the make, model and serial number of the manufactured home, the date issued, the name of the transporter, the transporter's WUTC permit number ID required, the department of transportation special motor vehicle permit number, and the name of the county issuing the decal.
(e) Clearly display the expiration date of the decal, which must not be more than fifteen days after the date issued.
(12) Can decals be transferred to other housing units? Under no circumstance can the decal be transferred.
(13) What other vehicles are treated like manufactured housing for permitting purposes? Any enclosed structure built on a manufactured housing type chassis with its own axles must comply with the provisions of this section to receive an overlegal permit, including, but not limited to: Portable construction offices, portable classrooms, and "park-model" trailers.
[Statutory Authority: RCW 46.44.090. 06-07-025, § 468-38-120, filed 3/7/06, effective 4/7/06; 05-04-053, § 468-38-120, filed 1/28/05, effective 2/28/05. Statutory Authority: RCW 46.44.090 and 46.44.170. 02-17-004, § 468-38-120, filed 8/8/02, effective 9/8/02. Statutory Authority: RCW 46.44.090. 98-16-087 (Order 180), § 468-38-120, filed 8/5/98, effective 9/5/98; 96-18-053, § 468-38-120, filed 8/30/96, effective 9/30/96; 95-24-073, § 468-38-120, filed 12/4/95, effective 1/4/96; 87-20-040 (Order 62, Resolution No. 307), § 468-38-120, filed 10/1/87; 86-21-115 (Order 58, Resolution No. 286), § 468-38-120, filed 10/21/86. Statutory Authority: RCW 46.44.170. 85-22-003 (Order 51, Resolution No. 254), § 468-38-120, filed 10/24/85. Statutory Authority: RCW 46.44.090. 83-16-018 (Order 39, Resolution No. 195), § 468-38-120, filed 7/25/83; 82-18-010 (Order 31, Resolution No. 156), § 468-38-120, filed 8/20/82. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-38-120, filed 12/20/78. Formerly WAC 252-24-150.]