AN ACT
Relating to manufacturers of recreation vehicles; amending RCW 43.22.340,
43.22.345, 43.22.350, 43.22.434, 43.22.360, 43.22.370, 43.22.380, 43.22.390,
43.22.400, 43.22.410, and 43.22.420; and adding new sections to chapter 43.22
RCW.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A new
section is added to chapter 43.22 RCW to read as follows:
Unless
the context clearly requires otherwise, the definitions in this section apply
throughout RCW 43.22.340 through 43.22.420.
(1)
"Park trailer" means a park trailer as defined in the American
National Standards Institute A119.5 standard for park trailers.
(2)
"Recreational vehicle" means a vehicular-type unit primarily designed
for recreational camping or travel use that has its own motive power or is
mounted on or towed by another vehicle. The units include travel trailers,
fifth-wheel trailers, folding camping trailers, truck campers, and motor homes.
Sec.
2. RCW
43.22.340 and 1970 ex.s. c 27 s 1 are each amended to read as follows:
The
director of labor and industries shall prescribe and enforce rules and
regulations governing safety of body and frame design, and the installation of
plumbing, heating, and electrical equipment in mobile homes, commercial coaches
((and/or)), recreational vehicles, and/or park trailers:
PROVIDED, That the director shall not prescribe or enforce rules and
regulations governing the body and frame design of recreational vehicles and
park trailers until after the American National Standards Institute shall
have published standards and specifications upon this subject. Such rules and
regulations shall be reasonably consistent with recognized and accepted
principles of safety for body and frame design and plumbing, heating, and
electrical installations, in order to protect the health and safety of the
people of this state from dangers inherent in the use of substandard and unsafe
body and frame design, construction, plumbing, heating, electrical, and other
equipment and shall correlate with and, so far as practicable, conform to the
then current standards and specifications of the American National Standards
Institute standards A119.1 for mobile homes and commercial coaches ((and)),
A119.2 for recreational vehicles, and A119.5 for park trailers. It
shall be unlawful for any person to lease, sell or offer for sale, within this
state, any mobile homes, commercial coaches ((and/or)),
recreational vehicles, and/or park trailers manufactured after January
1, 1968, containing plumbing, heating, electrical, or other equipment, and
after July 1, 1970 body and frame design or construction unless such equipment
meets the requirements of the rules and regulations provided for herein.
Sec.
3. RCW
43.22.345 and 1969 ex.s. c 229 s 4 are each amended to read as follows:
Any
person violating the provisions of RCW 43.22.340 ((as amended by section 1,
chapter 229, Laws of 1969 ex.s.)) shall be guilty of a misdemeanor. Each
day upon which a violation occurs shall constitute a separate violation.
Sec.
4. RCW
43.22.350 and 1977 ex.s. c 21 s 6 are each amended to read as follows:
(1) In
compliance with any applicable provisions of this chapter, the director of the
department of labor and industries shall establish a schedule of fees, whether
on the basis of plan approval or inspection, for the issuance of an insigne
which indicates that the mobile home, commercial coach ((and/or)),
recreational vehicle, and/or park trailer complies with the provisions
of RCW 43.22.340 through 43.22.410 or for any other purpose specifically
authorized by any applicable provision of this chapter.
(2)
Insignia are not required on mobile homes, commercial coaches ((and/or)),
recreational vehicles, and/or park trailers manufactured within this
state for sale outside this state which are sold to persons outside this state.
Sec.
5. RCW
43.22.434 and 1977 ex.s. c 21 s 5 are each amended to read as follows:
(1)
The director or the director's authorized representative may conduct such
inspections and investigations as may be necessary to promulgate or enforce
mobile home, commercial coach, recreational vehicle, park trailer,
factory built housing, and factory built commercial structure rules adopted
under the authority of this chapter or to carry out the director's duties under
this chapter.
(2)
For purposes of enforcement of this chapter, persons duly designated by the
director upon presenting appropriate credentials to the owner, operator, or
agent in charge may:
(a) At
reasonable times and without advance notice enter any factory, warehouse, or
establishment in which mobile homes, commercial coaches, recreational vehicles,
park trailers, factory built housing, and factory ((build)) built
commercial structures 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 Mobile Home Construction and Safety Standards Act of 1974. Each
inspection shall be commenced and completed with reasonable promptness.
(3) In
carrying out the inspections authorized by this section the director may
establish, by rule, and impose on mobile home manufacturers, distributors, and
dealers such reasonable fees as may be necessary to offset the expenses
incurred by the director in conducting the inspections.
NEW
SECTION. Sec. 6. A new
section is added to chapter 43.22 RCW to read as follows:
The
director or the director's authorized representative may allow qualifying
recreational vehicle and/or park trailer manufacturers to be self-certified as
to compliance with the American National Standards Institute A119.2 standard
for recreational vehicles and the American National Standards Institute A119.5
standard for park trailers. Except as provided in subsection (4) of this
section, a manufacturer approved for the department's self-certification is
exempt from the requirements under RCW 43.22.434 and 43.22.360. The director
shall adopt rules to implement the self-certification program. The director
may establish fees at a sufficient level to cover the costs of administering
this program.
(1)
Before a manufacturer becomes self-certified, the department shall make an
initial audit of the manufacturer making self-certification application. The
audit must review and report on the following:
(a)
The manufacturer's quality control program;
(b)
The manufacturer's demonstrated ability to manufacture products in conformance
with either or both of the American National Standards Institute standards
A119.2 and A119.5; and
(c)
The availability on site of comprehensive plans for each model being
manufactured.
(2) At
the sole discretion of the director, a manufacturer currently being audited by
the department that is deemed to meet the criteria for an initial
self-certification audit may become a self-certified manufacturer without an
additional self-certification audit.
(3) If
the department denies an application to allow a manufacturer to be
self-certified, the manufacturer shall be notified in writing including the
reasons for denial. A copy of the initial self-certification audit shall be
provided to the manufacturer. A manufacturer who is denied self-certification
may appeal the denial under chapter 34.05 RCW.
(4) If
the department has reason to believe that the manufacturer is no longer meeting
the criteria established in subsection (1) of this section, the department may
make an audit of the manufacturer. For purposes of enforcement of this
subsection, the department retains inspection and investigation authority under
RCW 43.22.434. At the conclusion of this audit, the director or the director's
authorized representative may continue the manufacturer's self-certification or
require the manufacturer to meet all of the requirements of this chapter from
which the manufacturer was once exempted.
(5)
The manufacturer to whom the authorization is given shall pay all of the costs
of the initial self-certification audit and any subsequent audit that the
department has the authority to perform.
(6)
The department shall conduct a performance audit of additional industry
association quality control programs utilized by self-certified manufacturers
at least once every two years.
Sec.
7. RCW
43.22.360 and 1970 ex.s. c 27 s 3 are each amended to read as follows:
Plans
and specifications of each model or production prototype of a mobile home,
commercial coach ((and/or)), recreational vehicle, and/or park
trailer showing body and frame design, construction, plumbing, heating and
electrical specifications and data shall be submitted to the department of
labor and industries for approval and recommendations with respect to
compliance with the regulations and standards of each of such agencies. When
plans have been submitted and approved as aforesaid, no changes or alterations
shall be made to body and frame design, construction, plumbing, heating or
electrical installations or specifications shown thereon in any mobile home,
commercial coach ((or)), recreational vehicle, or park trailer
without prior written approval of the department of labor and industries.
Sec.
8. RCW
43.22.370 and 1970 ex.s. c 27 s 4 are each amended to read as follows:
Any
mobile home, commercial coach ((and/or)), recreational vehicle,
and/or park trailer leased or sold in Washington and manufactured prior to
July 1, 1968, which has not been inspected prior to its sale and which does not
meet the requirements prescribed will not be required to comply with said
requirements except for alterations or installations referred to in RCW
43.22.360.
Sec.
9. RCW
43.22.380 and 1970 ex.s. c 27 s 5 are each amended to read as follows:
Used
mobile homes, commercial coaches ((and/or)), recreational
vehicles, and/or park trailers manufactured for use outside this state
which do not meet the requirements prescribed and have been used for six months
or more will not be required to comply with said requirements except for
alterations or installations referred to in RCW 43.22.360.
Sec.
10. RCW
43.22.390 and 1970 ex.s. c 27 s 6 are each amended to read as follows:
Mobile
homes, commercial coaches ((and/or)), recreational vehicles,
and/or park trailers subject to the provisions of RCW 43.22.340 through
43.22.410, and mobile homes, commercial coaches ((and/or)),
recreational vehicles, and/or park trailers upon which alterations of
body and frame design, construction or installations of plumbing, heating or
electrical equipment referred to in RCW 43.22.360 are made after July 1, 1968,
shall have affixed thereto such insigne of approval.
Sec.
11. RCW
43.22.400 and 1970 ex.s. c 27 s 7 are each amended to read as follows:
If the
director of the department of labor and industries determines that the
standards for body and frame design, construction and the plumbing, heating and
electrical equipment installed in mobile homes, commercial coaches ((and/or)),
recreational vehicles, and/or park trailers by the statutes or rules and
regulations of other states are at least equal to the standards prescribed by
this state, he may so provide by regulation. Any mobile home, commercial coach
((and/or)), recreational vehicle, and/or park trailer
which a state listed in such regulations has approved as meeting its standards
for body and frame design, construction and plumbing, heating and electrical
equipment shall be deemed to meet the standards of the director of the
department of labor and industries, if he determines that the standards of such
state are actually being enforced.
Sec.
12. RCW
43.22.410 and 1970 ex.s. c 27 s 8 are each amended to read as follows:
Any
mobile home, commercial coach ((and/or)), recreational vehicle,
and/or park trailer that meets the requirements prescribed under RCW
43.22.340 shall not be required to comply with any ordinances of a city or
county prescribing requirements for body and frame design, construction or
plumbing, heating and electrical equipment installed in mobile homes,
commercial coaches ((and/or)), recreational vehicles, and/or
park trailers.
Sec.
13. RCW
43.22.420 and 1987 c 330 s 601 are each amended to read as follows:
There
is hereby created a factory assembled structures advisory board consisting of
nine members to be appointed by the director of labor and industries. It shall
be the purpose and function of the board to advise the director on all matters
pertaining to the enforcement of this chapter including but not limited to
standards of body and frame design, construction and plumbing, heating and
electrical installations, minimum inspection procedures, the adoption of rules
and regulations pertaining to the manufacture of factory assembled structures,
mobile homes, commercial coaches ((and)), recreational vehicles,
and park trailers. The advisory board shall periodically review the rules
promulgated under RCW 43.22.450 through 43.22.490 and shall recommend changes
of such rules to the department if it deems changes advisable.
The
members of the advisory board shall be representative of consumers, the
regulated industries, and allied professionals. The term of each member shall
be four years. However, the director may appoint the initial members of the
advisory board to staggered terms not exceeding four years.
The
chief inspector or any person acting as chief inspector for the factory
assembled structures, mobile home, commercial coach ((and)),
recreational vehicle, and park trailer section shall serve as secretary
of the board during his tenure as chief. Meetings of the board shall be called
at the discretion of the director of labor and industries, but at least
quarterly. Each member of the board shall be paid travel expenses in
accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter
amended which shall be paid out of the appropriation to the department of labor
and industries, upon vouchers approved by the director of labor and industries
or his or her designee.
