AN ACT Relating to
regulation of manufactured housing construction and safety; adding new sections
to chapter 43.63A RCW; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. The director of the
department of community development shall enforce manufactured housing safety
and construction standards adopted by the secretary of housing and urban
development under the National Manufactured Housing Construction and Safety
Standards Act of 1974 (800 Stat. 700; 42 U.S.C. Secs. 5401-5426). Furthermore,
the director may make agreements with the United States government, state
agencies, or private inspection organizations to implement the development and
enforcement of applicable provisions of this chapter and the National
Manufactured Housing Construction and Safety Standards Act of 1974 (800 Stat.
700; 42 U.S.C. Secs. 5401-5426) regarding the state administrative agency
program.
NEW SECTION. Sec.
2. The department shall
adopt all rules under chapter 34.05 RCW necessary to implement chapter ...,
Laws of 1993 (this act), giving due consideration to standards and regulations
adopted by the secretary of housing and urban development under the National
Manufactured Housing Construction and Safety Standards Act of 1974 (800 Stat.
700; 42 U.S.C. Secs. 5401-5426) for manufactured housing construction and
safety standards.
NEW SECTION. Sec.
3. The department shall
adopt appropriate hearing procedures under chapter 34.05 RCW for the holding of
formal and informal presentation of views, giving due consideration to hearing
procedures adopted by the secretary of housing and urban development under the
National Manufactured Housing Construction and Safety Standards Act of 1974
(800 Stat. 700; 42 U.S.C. Secs. 5401-5426).
NEW SECTION. Sec.
4. (1) A person who violates
any of the provisions of the National Manufactured Housing Construction and
Safety Standards Act of 1974 (800 Stat. 700; 42 U.S.C. Secs. 5401-5426)
applicable to sections 1, 2, 3, and 5 of this act or any rules adopted under
sections 1, 2, 3, and 5 of this act is liable to the state of Washington for a
civil penalty of not to exceed one thousand dollars for each such violation.
Each violation of the provisions of the National Manufactured Housing
Construction and Safety Standards Act of 1974 (800 Stat. 700; 42 U.S.C. Secs.
5401-5426) applicable to sections 1, 2, 3, and 5 of this act or any rules adopted
under sections 1, 2, 3, and 5 of this act, shall constitute a separate
violation with respect to each manufactured home or with respect to each
failure or refusal to allow or perform an act required thereby, except that the
maximum civil penalty may not exceed one million dollars for any related series
of violations occurring within one year from the date of the first violation.
(2) An individual or a
director, officer, or agent of a corporation who knowingly and willfully
violates any of the provisions of sections 1, 2, 3, and 5 of this act or any
rules adopted under sections 1, 2, 3, and 5 of this act, in a manner that
threatens the health or safety of any purchaser, shall be fined not more than
one thousand dollars or imprisoned not more than one year, or both.
(3) Any legal fees,
court costs, expert witness fees, and staff costs expended by the state in
successfully pursuing violators of sections 1, 2, 3, and 5 of this act shall be
reimbursed in full by the violators.
NEW SECTION. Sec.
5. (1) The director or the
director's authorized representative shall conduct such inspections and
investigations as may be necessary to implement or enforce manufactured housing
rules adopted under the authority of this chapter or to carry out the
director's duties under this chapter.
(2) For the purposes
of enforcement of this chapter, persons duly designated by the director upon
presenting appropriate credentials to the owner, operator, or agent in charge
shall:
(a) At reasonable
times and without advance notice enter any factory, warehouse, or establishment
in which manufactured homes are manufactured, stored, or held for sale; and
(b) At reasonable
times, within reasonable limits, and in a reasonable manner inspect any factory,
warehouse, or establishment as required to comply with the standards adopted by
the secretary of housing and urban development under the National Manufactured
Housing Construction and Safety Standards Act of 1974 (800 Stat. 700; 42 U.S.C.
Secs. 5401-5426). Each inspection shall be commenced and completed with
reasonable promptness.
(3) For the purpose of
carrying out the provisions of this chapter, the director or the director's
authorized representative is authorized:
(a) To require, by
general or special orders, any factory, warehouse, or establishment in which
manufactured homes are manufactured, to file, in such form as prescribed,
reports or answers in writing to specific questions relating to any function of
the department under this chapter. Such reports and answers shall be made
under oath or otherwise, and shall be filed with the department within such
reasonable time periods as prescribed by the department; and
(b) To hold such
hearings, take such testimony, sit and act at such times and places, administer
such oaths, and require, by subpoena or otherwise, the attendance and testimony
of such witnesses and the production of such books, papers, correspondence,
memorandums, contracts, agreements, or other records, as the director or such officer
or employee deems advisable.
(4) In carrying out
the inspections authorized by this section the director shall establish by
rule, under chapter 34.05 RCW, and impose on manufactured home manufacturers,
distributors, and dealers such reasonable fees as may be necessary to offset
the expenses incurred by the director in conducting the inspections, provided
these fees are set in accordance with guidelines established by the United
States secretary of housing and urban development.
NEW SECTION. Sec.
6. This act shall expire and
be of no force and effect on January 1 in any year following the failure of the
United States department of housing and urban development to reimburse the
state for the duties described in this act.
NEW
SECTION. Sec. 7. Sections 1 through 6 of
this act are each added to chapter 43.63A RCW.
