H-2176

AN ACT Relating to mobile homes; amending RCW 59.20.190; adding a new chapter to Title 59 RCW; recodifying RCW 59.20.190; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The purpose of this chapter is to help assure that mobile home parks meet minimum health and sanitation requirements for the protection of the mobile home tenants. It is the intent of the legislature that mobile home parks be inspected on a regular basis to ensure that minimum health and safety standards are met.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Authorized health department" means any city, county, or city-county health department or health district authorized by the secretary of health to carry out the provisions of this chapter.

(2) "Department" means the department of health.

(3) "Mobile home park" has the same meaning as found in RCW 59.21.010(5).

(4) "Secretary" means the secretary of health.

NEW SECTION. Sec. 3. Where it is determined by the secretary together with the jurisdictional health officer, that a city, county, city-county health department or health district is qualified to carry out the provisions of this chapter, the secretary shall authorize such political subdivision or agency to administer and enforce this chapter, and the rules adopted under this chapter.

Any such authorization may be withdrawn by the secretary after thirty days' notice in writing to the authorized department should the secretary determine that the authorized department is unwilling or unable to carry out the duties and responsibilities under this chapter.

NEW SECTION. Sec. 4. A person shall not operate or maintain a mobile home park within this state without a license.

NEW SECTION. Sec. 5. An application for a license shall be made to the department of health or authorized health department upon forms provided by either of the departments. The forms shall contain such information as the department reasonably requires, which shall include affirmative evidence of ability to comply with such rules as are adopted by the state board of health.

NEW SECTION. Sec. 6. (1) After reviewing an application for a license, if the applicant and the mobile home park meet the requirements established under this chapter, the department, or the department and the authorized health department jointly, shall issue a license.

(2) If there is a failure to comply with the provisions of this chapter or the rules adopted under this chapter, the department, or the department and the authorized health department, may in its discretion issue to an applicant for a license, or for the renewal of a license, a provisional license which will permit the operation of the mobile home park for a period to be determined by the department, or the department and authorized health department. A provisional license may not exceed twelve months and may not be subject to renewal.

(3) The applicant shall pay a license fee as established by the department of health under RCW 43.70.110 at the time of the application for or renewal of a license. Such fee shall include costs of necessary inspection. When the license or provisional license is issued jointly by the department and authorized health department, the license fee shall be paid to the authorized health department.

(4) All licenses issued under the provisions of this chapter shall expire on a date to be set by the department, but no license shall exceed twelve months in duration. If the annual license renewal date of a previously licensed mobile home park is set by the department on a date less than twelve months prior to the expiration of a license in effect at the time of reissuance, the license fee shall be prorated on a monthly basis and a credit be allowed at the first renewal of a license for any period of one month or more covered by the previous license.

(5) All applications for renewal of a license shall be made not less than thirty days prior to the date of expiration of the license. Each license shall be issued only for the premises and the persons named in the application. A license may not be transferable or assignable without the consent of the department. Licenses shall be posted in a conspicuous place in the mobile home park.

NEW SECTION. Sec. 7. The department or authorized health department jointly, may deny, suspend, or revoke a license in any case in which it finds there has been a failure or refusal to comply with the requirements established under this chapter or the rules adopted under this chapter. The department shall adopt rules to govern notice of a license denial, revocation, suspension, or modification and provide the right to an adjudicative proceeding under chapter 34.05 RCW.

Sec. 8. RCW 59.20.190 and 1988 c 126 s 1 are each amended to read as follows:

The state board of health shall adopt rules ((~~on or before January 1, 1982,~~)) setting health and sanitation standards for mobile home parks. Such rules shall be enforced by the city, county, city-county, or district health officer of the jurisdiction in which the mobile home park is located, upon notice of a violation to such health officer. Failure to remedy the violation after enforcement efforts are made may result in a fine being imposed on the park owner, or tenant as may be applicable, by the enforcing governmental body of up to one hundred dollars per day, depending on the degree of risk of injury or illness to persons in or around the park.

NEW SECTION. Sec. 9. The local health officer of the jurisdiction in which a mobile home park is located shall inspect the mobile home park at least once every three years. Following such inspection, written notice of any violations shall be given the applicant or licensee and the department of health.

NEW SECTION. Sec. 10. (1) Any person operating or maintaining a mobile home park without a license under this chapter shall be guilty of a misdemeanor.

(2) The department or authorized health department may require any person who operates or maintains a mobile home park without a license to pay up to double the amount of the license fee when a license is subsequently obtained.

(3) Notwithstanding the existence or use of any other remedy, the department or authorized health department may, in the manner provided by law, maintain an action in the name of the state for an injunction or other process against any person to restrain or prevent the operation or maintenance of a mobile home park without a license under this chapter.

NEW SECTION. Sec. 11. The department of health shall adopt rules by January 1, 1992, for the licensing of mobile home parks. All mobile home parks shall be licensed by December 31, 1992.

NEW SECTION. Sec. 12. RCW 59.20.190 as amended by this act is recodified as a section in chapter 59.-- RCW (sections 1 through 7 and 9 through 11 of this act).

NEW SECTION. Sec. 13. Sections 1 through 7 and 9 through 11 of this act shall constitute a new chapter in Title 59 RCW.

NEW SECTION. Sec. 14. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.