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.
