FINAL BILL REPORT

                 SHB 1429

                         C 280 L 95

                     Synopsis as Enacted

Brief Description:  Lessening recreational vehicle regulation.

Sponsors:  House Committee on Commerce & Labor (originally sponsored by Representatives Lisk, Morris, Chandler, Chappell, L. Thomas, Thompson, Hargrove, Casada and Silver).

House Committee on Commerce & Labor

Senate Committee on Labor, Commerce & Trade

Senate Committee on Ways & Means

Background: Since 1970, the Department of Labor and Industries has regulated the body and frame design and the installation of plumbing, heating and electrical equipment in recreational vehicles for purposes of consumer safety.  The department also regulates mobile homes and commercial coaches for this purpose.  Regulations must be reasonably consistent with the advisory standards and specifications set by the American National Standards Institute.

It is unlawful for anyone to lease, sell, or offer for sale, a recreational vehicle that does not meet the regulations and requirements established by the department.  A violation of the safety regulations and standards is a misdemeanor.

The department approves plans and specifications for each model.  The plans and specifications cannot be changed without approval.  Any models that are altered must display an insignia indicating that the models comply with appropriate regulations.

The director issues insignia to be placed on individual units showing that plans for this unit have been approved.  The director also sets the fee schedule for using the insignia.

The director may conduct necessary investigations or inspections of factories, warehouses, or places where recreational vehicles are manufactured, stored, or sold.  The director may charge a fee for inspections.

Used recreational vehicles manufactured for use outside the state that have been used for at least six months are exempted from compliance.

If recreational vehicles meet standards imposed by other states having similar and accepted standards to those of this state as determined by the director, they may be approved as having met the standards imposed by this state.

Recreational vehicles are defined primarily by size and are distinguished from commercial coaches, mobile homes, and park trailers.

Summary: The Department of Labor and Industries retains authority to regulate the safety of the body and frame design and installation of plumbing, heating, and electrical codes for recreational vehicles and park trailers.

For purposes of this safety regulation, recreational vehicles and park trailers are separately defined.  "Recreational vehicle" includes travel trailers, fifth-wheel trailers, folding camping trailers, truck campers, and motor homes.

Manufacturers may qualify to be self-certified for recreational vehicles and park trailers.  Those who self-certify are exempt from certain department regulations including review of plans and specifications of each model and the insignia of approval.  Manufacturers are also exempt from the department's broad inspection and investigation authority.   A separate fee schedule would apply to those who self-certify. 

In order to qualify for self-certification, the manufacturer is audited by the department and reviewed for the following:

!A quality control program;

!Ability to produce products to standards set by the American National Standards Institute for recreational vehicles or park trailers; and

!On-site availability of plans for each model being manufactured.

The department may reevaluate a manufacturer's self-certification status if the department believes that the manufacturer is no longer meeting the criteria of the initial audit.  For purposes of this reevaluation, the department may inspect and investigate the manufacturer.

The manufacturer pays the cost of any self-certification audit or subsequent audit.

A manufacturer who has been denied self-certification by the department must receive notice in writing that includes the reasons for denial and must receive a copy of the initial self-certification audit report.  A decision to deny self-certification may be appealed under the Administrative Procedures Act.

The department must conduct performance audits every two years of industry association quality control programs used by manufacturers.

The bill clarifies that both recreational vehicles and park trailers, meeting the requirements of the Department of Labor and Industries, need not comply with local ordinances covering the same subject.

Votes on Final Passage:

House     85 11

Senate    47 1 (Senate amended)

House     97 0 (House concurred)

Effective:  July 23, 1995