BP BHEAD INT S [atlas:bill]

AN ACT Relating to factory assembled structures regulated by the department of labor and industries; amending RCW 43.22.335, 43.22.340, 43.22.350, 43.22.355, 43.22.370, 43.22.380, 43.22.390, 43.22.400, 43.22.410, 43.22.420, 43.22.431, 43.22.432, 43.22.434, 43.22.440, 43.22.442, 43.22.450, 43.22.480, and 43.22.485; reenacting and amending RCW 43.22.360; adding a new section to chapter 43.22 RCW; and repealing RCW 43.22.495.

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

Sec. 1. RCW 43.22.335 and 1995 c 280 s 1 are each amended 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) "Recreational park trailer" means a park trailer as defined in the American National Standards Institute A119.5 standard for recreational 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)) recreational vehicle as defined in the American National Standards Institute A119.2 standard for recreational vehicles.

(3) "Commercial coach" means a structure or unit that is used for temporary commercial purposes. It is transportable in one or more sections and the frame is an integral part of the structure. Commercial coaches include, but are not limited to, structures or units designed and constructed as a commercial coach, conversions of a vehicle to a commercial coach, and vendor units.

(4)(a) "Manufactured home" means a single-family dwelling built according to the department of housing and urban development manufactured home construction and safety standards act, which is a national, preemptive building code.

(b) "Mobile home" means a factory-built dwelling built prior to June 15, 1976, to standards other than the national code, and acceptable under applicable Washington state codes in effect at the time of construction or introduction of the home into the state.

(c) For the purpose of applying the national building code standards, unless otherwise noted, the phrases manufactured home and mobile home are synonymous.

Sec. 2. RCW 43.22.340 and 1995 c 280 s 2 are each amended to read as follows:

The director of labor and industries shall ((~~prescribe~~)) adopt and enforce rules ((~~and regulations~~)) governing safety of body and frame design, and the installation of plumbing, heating, and electrical equipment in altered manufactured or mobile homes, commercial coaches, recreational vehicles, and/or recreational park trailers: PROVIDED, That the director shall not prescribe or enforce rules ((~~and regulations~~)) governing the body and frame design of recreational vehicles and recreational park trailers until after the American National Standards Institute shall have published standards and specifications upon this subject. ((~~Such~~)) These 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 systems 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,~~)) A119.2 for recreational vehicles, ((~~and~~)) A119.5 for recreational park trailers, and the state building codes, chapters 19.27 and 19.27A RCW, and the state electrical code, chapter 19.28 RCW, for commercial coaches. It shall be unlawful for any person to lease, sell or offer for sale, within this state, any manufactured or mobile homes, commercial coaches, recreational vehicles, and/or recreational park trailers manufactured after January 1, 1968, containing plumbing, heating, electrical, or other equipment or systems, 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~~)) in this section.

Sec. 3. RCW 43.22.350 and 1995 c 280 s 4 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 and/or inspection, for the issuance of an insigne which indicates that the altered manufactured or mobile home, commercial coach, recreational vehicle, and/or recreational 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, recreational vehicles, and/or recreational park trailers manufactured within this state for sale outside this state which are sold to persons outside this state.

Sec. 4. RCW 43.22.355 and 1995 c 280 s 6 are each amended to read as follows:

The director or the director's authorized representative may allow qualifying recreational vehicle and/or recreational 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 recreational 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

(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. 5. RCW 43.22.360 and 1995 c 289 s 1 and 1995 c 280 s 7 are each reenacted and amended to read as follows:

(1) Plans and specifications of each model or production prototype of a ((~~mobile home,~~)) commercial coach, recreational vehicle, and/or recreational 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~~)) rules and standards of ((~~each of such agencies~~)) the department. When plans have been submitted and approved as ((~~aforesaid~~)) required, no changes or alterations shall be made to body and frame design, construction, plumbing, heating, or electrical installations or specifications shown thereon in any manufactured or mobile home, commercial coach, recreational vehicle, or recreational park trailer without prior written approval of the department of labor and industries.

(2) The director may adopt rules that provide for approval of a plan that is certified as meeting state requirements or the equivalent by a professional who is licensed or certified in a state whose licensure or certification requirements meet or exceed Washington requirements.

Sec. 6. RCW 43.22.370 and 1995 c 280 s 8 are each amended to read as follows:

Any manufactured or mobile home, commercial coach, recreational vehicle, and/or recreational 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~~)) those requirements except for alterations or installations referred to in RCW 43.22.360.

Sec. 7. RCW 43.22.380 and 1995 c 280 s 9 are each amended to read as follows:

Used mobile homes, commercial coaches, recreational vehicles, and/or recreational 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~~)) those requirements except for alterations or installations referred to in RCW 43.22.360.

Sec. 8. RCW 43.22.390 and 1995 c 280 s 10 are each amended to read as follows:

Manufactured or mobile homes, commercial coaches, recreational vehicles, and/or recreational park trailers subject to the provisions of RCW 43.22.340 through 43.22.410, and manufactured or mobile homes, commercial coaches, recreational vehicles, and/or recreational 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.

NEW SECTION. Sec. 9. A new section is added to chapter 43.22 RCW to read as follows:

(1) All construction and/or installations of plumbing, heating, or electrical equipment on used manufactured or mobile housing, commercial coaches, recreational vehicles, and/or recreational park trailers requires the obtaining of an alteration permit and insignia from the department.

(2) An application for insignia shall specify the construction and/or equipment installations planned. The department as part of the approval process may inspect all construction and/or equipment installations on manufactured or mobile homes, commercial coaches, recreational vehicles, and/or recreational park trailers. The department's approval for issuance of an alteration insignia, as required by RCW 43.22.360, is limited to the scope of construction or components being installed. The department may set by rule the fees necessary to cover the cost of the alteration approval process.

(3) Alteration insignia issued by the department shall be affixed to the manufactured or mobile home, commercial coach, recreational vehicle, and/or recreational park trailer, as required by RCW 43.22.390.

Sec. 10. RCW 43.22.400 and 1995 c 280 s 11 are each amended to read as follows:

If the director of the department of labor and industries, or his or her designee, determines that the standards for body and frame design, construction and the plumbing, heating and electrical equipment installed in ((~~mobile homes, commercial coaches,~~)) recreational vehicles((,)) and/or recreational park trailers by the statutes or rules and regulations of other states are at least equal to the standards prescribed by this state, ((he)) the director, or his or her designee, may so provide by ((~~regulation~~)) rule. Any ((~~mobile home, commercial coach,~~)) recreational vehicle((,)) and/or recreational 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, or his or her designee, if ((he)) the director, or his or her designee, determines that the standards of such state are actually being enforced.

Sec. 11. RCW 43.22.410 and 1995 c 280 s 12 are each amended to read as follows:

Any manufactured or mobile home, commercial coach, recreational vehicle, and/or recreational 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 manufactured or mobile homes, commercial coaches, recreational vehicles, and/or recreational park trailers.

Sec. 12. RCW 43.22.420 and 1995 c 280 s 13 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, manufactured or mobile homes, commercial coaches, recreational vehicles, and recreational park trailers and the alterations of manufactured or mobile homes. The advisory board shall periodically review the rules promulgated under RCW ((~~43.22.450~~)) 43.22.335 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, manufactured or mobile home, commercial coach, recreational vehicle, and recreational park trailer section shall serve as secretary of the board during his or her 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.

Sec. 13. RCW 43.22.431 and 1977 ex.s. c 21 s 1 are each amended to read as follows:

The director of the department of labor and industries may enforce manufactured or mobile home safety and construction standards adopted by the secretary of housing and urban development under the National ((~~Mobile~~)) Manufactured Home 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 and private inspection organizations to implement the development and enforcement of applicable provisions of this chapter and the National ((~~Mobile~~)) Manufactured Home Construction and Safety Standards Act of 1974 (800 Stat. 700; 42 U.S.C. Secs. 5401-5426).

Sec. 14. RCW 43.22.432 and 1977 ex.s. c 21 s 2 are each amended to read as follows:

The department may adopt all standards and regulations adopted by the secretary under the National ((~~Mobile~~)) Manufactured Home Construction and Safety Standards Act of 1974 (800 Stat. 700; 42 U.S.C. Secs. 5401-5426) for manufactured or mobile home ((~~construction and safety standards~~)) alterations. If any deletions or amendments to the federal standards or regulations are thereafter made and notice thereof is given to the department, the standards or regulations shall be considered automatically adopted by the state under this chapter after the expiration of thirty days from publication in the federal register of a final order describing the deletions or amendments unless within that thirty day period the department objects to the deletion or amendment. In case of objection, the department shall proceed under the rule making procedure of chapter 34.05 RCW.

Sec. 15. RCW 43.22.434 and 1995 c 280 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~~)) adopt or enforce manufactured or mobile home, commercial coach, recreational vehicle, recreational 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 manufactured or mobile homes, commercial coaches, recreational vehicles, recreational park trailers, factory built housing, and factory 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~~)) Manufactured Home Construction and Safety Standards Act of 1974. Each inspection shall be commenced and completed with reasonable promptness; and

(c) As requested by an owner of a manufactured or mobile home, commercial coach, recreational vehicle, recreational park trailer, factory built housing, or factory built commercial structure, inspect an alteration.

(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.)) The department shall set a schedule of fees by rule which will cover the costs incurred by the department in the administration of RCW 43.22.335 through 43.22.490.

Sec. 16. RCW 43.22.440 and 1988 c 239 s 5 are each amended to read as follows:

(1) The legislature finds that inspections of manufactured or mobile home installation are not done on a consistent basis. Manufactured or mobile homes provide housing for many people in the state, and improperly installed manufactured or mobile homes are a serious health and safety risk. Where possible and practical, manufactured or mobile homes should be treated the same as any housing inhabited or to be inhabited by persons in this state, including housing built according to the state building code.

(2) In consultation with the factory assembled structures advisory board for manufactured or mobile homes, the director of labor and industries shall by rule establish uniform standards for the performance and workmanship of installation service and warranty service by persons or entities engaged in performing the services within this state for all manufactured or mobile homes, as defined in RCW 46.04.302. The standards shall conform, where applicable, with statutes, rules, and recommendations established under the federal national ((~~mobile~~)) manufactured home construction and safety standards act of 1974 (42 U.S.C. Sec. 5401 et seq.). These rules regarding the installation of ((~~mobile~~)) manufactured homes shall be enforced and fees charged by the counties and cities in the same manner the state building code is enforced under RCW 19.27.050.

(3) In addition to and in conjunction with the remedies provided in this chapter, failure to remedy any breach of the standards and rules so established, upon adequate notice and within a reasonable time, is a violation of the consumer protection act, chapter 19.86 RCW and subject to the remedies provided in that chapter.

Sec. 17. RCW 43.22.442 and 1980 c 153 s 2 are each amended to read as follows:

A manufacturer of manufactured or mobile homes who designates a representative within this state to provide consumers with warranty service for manufactured or mobile homes on behalf of the manufacturer shall make reasonable and timely compensation to the representative for performance of the warranty service.

Sec. 18. RCW 43.22.450 and 1973 1st ex.s. c 22 s 1 are each amended to read as follows:

Whenever used in RCW 43.22.450 through 43.22.490:

(1) "Department" means the Washington state department of labor and industries;

(2) "Approved" means approved by the department;

(3) "Factory built housing" means any structure designed primarily for human occupancy other than a mobile home the structure or any room of which is either entirely or substantially prefabricated or assembled at a place other than a building site;

(4) "Install" means the assembly of factory built housing or factory built commercial structures at a building site;

(5) "Building site" means any tract, parcel or subdivision of land upon which factory built housing or a factory built commercial structure is installed or is to be installed;

(6) "Local enforcement agency" means any agency of the governing body of any city or county which enforces laws or ordinances governing the construction of buildings;

(7) "Commercial structure" means a structure designed or used for human habitation, or human occupancy for industrial, educational, assembly, professional, or commercial purposes. Structures for which all service, repair, or maintenance is accomplished by standing outside of the structure are not commercial structures for purposes of this chapter.

Sec. 19. RCW 43.22.480 and 1998 c 37 s 4 are each amended to read as follows:

(1) The department shall adopt and enforce rules that protect the health, safety, and property of the people of this state by assuring that all factory built housing or factory built commercial structures are structurally sound and that the plumbing, heating, electrical, and other components thereof are reasonably safe. The rules shall be reasonably consistent with recognized and accepted principles of safety and structural soundness, and in adopting the rules the department shall consider, so far as practicable, the standards and specifications contained in the uniform building, plumbing, and mechanical codes, including the ((~~barrier free~~)) Washington state ventilation and indoor air quality code as adopted by the state building code council pursuant to chapter 19.27 RCW and the Washington energy code as adopted by the state building code council pursuant to chapter 19.27A RCW, and the ((~~national~~)) electrical code, including the state rules as adopted pursuant to chapter 19.28 RCW ((~~and published by the national fire protection association~~)) or, when applicable, the temporary worker building code adopted under RCW 70.114A.081.

(2) The department shall set a schedule of fees which will cover the costs incurred by the department in the administration and enforcement of RCW 43.22.450 through 43.22.490.

(3) The director may adopt rules that provide for approval of a plan that is certified as meeting state requirements or the equivalent by a professional who is licensed or certified in a state whose licensure or certification requirements meet or exceed Washington requirements.

Sec. 20. RCW 43.22.485 and 1973 1st ex.s. c 22 s 6 are each amended to read as follows:

If the director of the department determines that the standards for factory built housing or factory built commercial structures prescribed by statute, rule, or regulation of another state are at least equal to the regulations prescribed under RCW 43.22.450 through 43.22.490, and that such standards are actually enforced by such other state, ((he)) the director may provide by ((~~regulation~~)) rule that factory built housing or factory built commercial structures approved by such other state shall be deemed to have been approved by the department. The department has the authority to enter into reciprocal agreements delegating all or part of its inspections to another state or a local enforcement agency in another state. Before entering into a reciprocal agreement, the department shall determine that the standards of inspection of the reciprocal state or local enforcement agency are equal to or greater than the standards prescribed by this state. All factory built housing and factory built commercial structures inspected and approved by another state or local enforcement agency shall meet the requirements in RCW 43.22.455.

NEW SECTION. Sec. 21. RCW 43.22.495 and 1995 c 399 s 69 & 1990 c 176 s 1 are each repealed.