WSR 17-23-173 PERMANENT RULES DEPARTMENT OF LABOR AND INDUSTRIES [Filed November 21, 2017, 11:58 a.m., effective January 1, 2018] Effective Date of Rule: January 1, 2018. Purpose: The purpose of this rule making is to adopt rules for infractions of manufactured home installations as a result of HB 1329 (chapter 10, Laws of 2017). The bill replaces the mandatory penalty of $1,000 for each infraction of manufactured home installation requirements with discretionary authority to issue warnings, and a monetary penalty of no more than $250 for a first infraction and no more than $1,000 for a second or subsequent infraction. The bill became effective on July 23, 2017. The adopted rule establishes a penalty schedule for infractions for manufactured home installations as required by the bill and modifies the issuance of notices of infractions to comply with the new statutory requirements. Citation of Rules Affected by this Order: Amending WAC 296-150I-0210 What violations of RCW 43.22A.130 can result in the issuance of a notice of infraction? and 296-150I-3000 Penalties, fees, and refunds. Statutory Authority for Adoption: Chapter 43.22A RCW, Mobile and manufactured home installation. Adopted under notice filed as WSR 17-17-132 on August 22, 2017. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 2, Repealed 0. Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 2, Repealed 0. Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0. Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 2, Repealed 0. Date Adopted: November 21, 2017. Joel Sacks Director
AMENDATORY SECTION (Amending WSR 08-12-040, filed 5/30/08, effective 6/30/08)
WAC 296-150I-0210 What violations of RCW 43.22A.130 can result in the issuance of a notice of infraction?
(1) Under RCW 43.22A.130, the department can issue a notice of infraction to a person, contractor, manufactured/mobile home dealer, manufacturer, or home dealer's or manufacturer's agent for:
(a) Failure to have a certified installer on the installation site whenever installation work is being performed;
(b) Failure to correct all nonconforming aspects of the installation identified by the local enforcement agency or by an authorized representative of the department within thirty days of issuance of notice of the same;
(c) Failure by a certified installer to affix a certification tag to an installed manufactured/mobile home;
(d) Transfer of certification tag(s) from a certified installer to another certified installer without prior written approval of the department;
(e) Transfer of certification tag(s) from a certified installer to a noncertified installer;
(f) Transfer of unused installer certification tags by a manufactured home retailer to a new ownership without prior written approval of the department.
(2) Each worksite and day at which a violation occurs constitutes a separate infraction.
(3) Once a violation of chapter 43.22A RCW or this chapter becomes final, any additional violations within three years become a "second," "third," or "additional" violation subject to an increased penalty as set forth in WAC 296-150I-3000.
(4) See WAC 296-150I-3000 for the specific monetary penalties associated with each of the violations discussed in this section.
AMENDATORY SECTION (Amending WSR 10-06-043, filed 2/23/10, effective 4/1/10)
WAC 296-150I-3000 Penalties, fees, and refunds.
Penalties
(1) Monetary penalties for ((an)) infractions listed in WAC 296-150I-0210 shall be assessed for each violation of chapter 43.22A RCW in the following amount ((of $1,000.00.)):
Fees and Refunds
(((1))) (2) The department shall refund fees paid for training and certification or certification renewal as a manufactured home installer if the application is denied for failure of the applicant to comply with the requirements of chapter 43.22A RCW or these rules.
(((2))) (3) 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))) (4) An applicant who fails the examination shall not be entitled to a refund.
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