S-2099

AN ACT Relating to certification of resident managers of mobile home parks; adding a new chapter to Title 18 RCW; prescribing penalties; and providing an effective date.

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

NEW SECTION. Sec. 1. The purpose of this chapter is to establish a certification program for managers of mobile home parks.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Advisory council" means the advisory council on mobile home park manager training and certification created in section 7 of this act.

(2) "Department" means the department of community, trade, and economic development.

(3) "Director" means the director of the department of community, trade, and economic development.

(4) "Mobile home park" has the same meaning as in RCW 59.20.030.

(5) "Mobile home park management" means those actions, functions, or duties related to the operation, maintenance, or management of a mobile home park.

(6) "Mobile home park manager" means a person who is certified under this chapter to perform mobile home park management services and includes owners of mobile home parks.

NEW SECTION. Sec. 3. (1) All mobile home parks with fifteen or more occupied mobile home lots shall be managed by a mobile home park manager.

(2) A person shall not manage or hold himself or herself out to the public as being able to manage a mobile home park in this state until a certificate of registration certifying him or her as a mobile home park manager has been issued to him or her by the director in accordance with this chapter.

(3) A corporation, partnership, trust, association, or other like organization may own or operate a mobile home park or engage in the business of mobile home park management without being certified if it employs, retains, or contracts with certified natural persons who are registered mobile home park managers in the direct provision of management services.

NEW SECTION. Sec. 4. (1) The director shall not issue a certificate of registration to any person to act as a mobile home park manager until that person has:

(a) Executed a written application on a form prescribed by the director, subscribed and sworn to by the applicant;

(b) Attended and completed a department-approved training course for mobile home park managers;

(c) Passed an examination adopted or approved by the department which demonstrates that the applicant has a fundamental knowledge of the mobile home landlord-tenant act under chapter 59.20 RCW; and

(d) Paid to the director a fee as prescribed in section 8 of this act.

(2) Certificates of registration are effective on the date issued by the department and must be renewed annually subject to the requirements of this chapter.

(3) A certificate of registration may be renewed annually provided the applicant provides evidence of continuing education as approved by the department. This evidence must be submitted with an application to renew certification. No less than six and no more than ten hours of continuing education annually may be required by the department for renewal of certification.

(4) As of the effective date of this act mobile home park managers may present a verification of having successfully completed a training course conducted by a trade association of mobile home parks, which will satisfy the initial training requirement for one year, and entitle the park manager to certification for that year.

NEW SECTION. Sec. 5. The department shall contract with a trade association representing mobile home parks for the delivery of training courses required by this chapter. The department, in consultation with the advisory council created under section 7 of this act, shall approve the curriculum of the training program.

NEW SECTION. Sec. 6. (1) The department, in consultation with the advisory council created in section 7 of this act, shall administer, coordinate, and enforce this chapter, develop the examination of applicants, and be responsible for the granting of certificates to qualified persons and for withholding certificates from unqualified persons. It may issue subpoenas, examine witnesses, and administer oaths, and shall investigate persons engaging in practices that violate this chapter.

(2) The department shall conduct hearings and keep records and minutes as necessary for an orderly dispatch of business.

(3) The department is authorized to adopt rules that are necessary to implement, enforce, and interpret this chapter.

NEW SECTION. Sec. 7. (1) There is created an advisory council on mobile home park manager training and certification. The council shall consist of four members as follows: Two members of the council shall be residents of mobile home parks and two members shall be owners or operators of mobile home parks. The director shall appoint the members for terms of two years. Thereafter, each member shall be appointed for a term of four years. A vacancy shall be filled for the remainder of the unexpired term.

(2) The advisory council shall select a chair from its members for a two-year term.

(3) Members of the council shall serve without compensation but are entitled to receive reimbursement for travel expenses as provided in RCW 43.03.050 and 43.03.060.

(4) The functions of the advisory council are to:

(a) Review, evaluate, and advise the department concerning revisions and adoption of rules affecting certification of mobile home park managers; and

(b) Develop, review, revise, and approve, in consultation with the department, the program for certification of mobile home park managers.

(5) The advisory council shall meet at the call of its chair, at the request of a majority of its membership, at the request of the department, or at such times as are prescribed by its rules.

(6) The department shall provide adequate staff support to the advisory council to assist it in fulfilling its duties.

NEW SECTION. Sec. 8. (1) The department shall charge fees for the application, issuance, and renewal of certificates of registration. The department shall set fees by rule.

(2) The fees shall cover the actual costs incurred by the department in carrying out its certification and other related responsibilities under this chapter.

NEW SECTION. Sec. 9. (1) The department has the power to enforce and ensure compliance with this chapter and rules adopted under this chapter relating to the certification of mobile home park managers.

NEW SECTION. Sec. 10. Sections 3 and 4 of this act take effect July 1, 2000.

NEW SECTION. Sec. 11. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 12. Sections 1 through 11 of this act constitute a new chapter in Title 18 RCW.