5703-S.E AMH KESS CORD 56

ESSB 5703 - H AMD ADOPTED 4/9/01

By Representative Kessler

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 43.22.335 and 1999 c 22 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)((~~"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.

~~(3)~~)) "Conversion vendor units" means a motor vehicle or recreational vehicle that has been converted or built for the purpose of being used for commercial sales at temporary locations. The units must be less than eight feet six inches wide in the set-up position and the inside working area must be less than forty feet in length.

((~~(4)~~)) (2) "Manufactured home" means a single-family dwelling required to be built in accordance with regulations adopted under the national manufactured housing construction and safety standards act of 1974 (42 U.S.C. 5401 et seq.).

(3) "Medical unit" means a self-propelled unit used to provide medical examinations, treatments, and medical and dental services or procedures, not including emergency response vehicles.

(4) "Mobile home" means a factory-built dwelling built before June 15, 1976, to standards other than the national manufactured housing construction and safety standards act of 1974 (42 U.S.C. 5401 et seq.), and acceptable under applicable state codes in effect at the time of construction or introduction of the home into this state.

(5) "Park trailer" means a park trailer as defined in the American national standards institute A119.5 standard for park trailers.

(6) "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 43.22.420 and 1999 c 22 s 9 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 pertaining to the manufacture of factory assembled structures, ((~~mobile~~)) manufactured homes, commercial coaches, conversion vending units, medical units, recreational vehicles, and park trailers. The advisory board shall periodically review the rules adopted 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, manufactured or mobile home, commercial coach, conversion vending units, medical units, 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 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. 3. 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 ((~~mobile~~)) manufactured 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. 4. RCW 43.22.432 and 1977 ex.s. c 21 s 2 are each amended to read as follows:

(1) 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 ((~~mobile~~)) manufactured home construction and safety standards. 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.

(2) The department shall adopt rules with respect to manufactured homes installed in accordance with the standards adopted under RCW 43.22.440 that:

(a) Specify exemptions from a requirement for a permit to alter a manufactured home;

(b) Authorize the granting of variances from the rules adopted under this section for alterations that use materials, designs, or methods of construction different from those required under the rules adopted under this section; and

(c) Require the seller of a manufactured home to deliver to the buyer prior to the sale a completed property transfer disclosure statement that includes all the criteria specified in RCW 64.06.020 and a copy of a variance, if any, granted under the rules adopted under this section. Nothing in this chapter shall be construed to prohibit the sale of a manufactured home that was altered unless the alteration makes the home unsafe so that its use may constitute a hazard to life, safety, or health.

Sec. 5. RCW 43.22.434 and 1999 c 22 s 10 are each amended to read as follows:

(1) The director or the director's authorized representative may conduct such inspections, investigations, and audits as may be necessary to adopt or enforce manufactured and mobile home, commercial coach, conversion vending units, medical units, 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 manufactured and mobile homes, commercial coaches, conversion vending units, medical units, recreational vehicles, park trailers, factory built housing, and factory built commercial structures are manufactured, stored, or held for sale;

(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

(3) 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. 6. 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 and mobile home installation are not done on a consistent basis. Manufactured and 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 and 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 ((~~mobile~~)) manufactured 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 and 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 manufactured and mobile 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. 7. RCW 43.22.442 and 1980 c 153 s 2 are each amended to read as follows:

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

Sec. 8. 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 manufactured or 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.

NEW SECTION. Sec. 9. (1) A joint legislative task force is created to review chapter 43.22 RCW as it pertains to the regulation of manufactured and mobile homes. The task force membership shall consist of:

(a) One member from each caucus of the senate labor, commerce and financial institutions committee, appointed by the president of the senate;

(b) One member from each caucus of the house commerce and labor committee, appointed by the co-speakers of the house of representatives;

(c) Representatives of the mobile/manufactured homeowners, mobile/manufactured home mortgage lenders, mobile/manufactured home manufacturers and retailers, realtors, business and labor representatives of the electrical and plumbing trades, and other state or local government agencies as appropriate, appointed jointly by the president of the senate and the co-speakers of the house of representatives; and

(d) A representative of the department of labor and industries. The department shall cooperate with the task force and provide such technical expertise as the task force co-chairs may reasonably require.

(2) The task force shall choose its co-chairs from among its membership.

(3) The study shall review at least the following issues:

(a) The fact that many mobile/manufactured homeowners have performed alterations or repairs to their homes without obtaining the required permits with the result that potential buyers may be unable to obtain mortgage financing from the usual sources;

(b) The costs associated with obtaining required permits, particularly on those occasions when an engineering analysis is required;

(c) The possibility of reducing the number and type of repairs and alterations that require a permit, consistent with public health and safety considerations;

(d) The appropriateness of the current legal sanction for not obtaining a permit when required;

(e) The feasibility and desirability of allowing for inspections of mobile/manufactured home alterations by local building officials; and

(f) Any methods, procedures, or changes in the law that can assist mobile/manufactured homeowners in the proper and economical maintenance and improvement of their homes, and the protection of their equity.

(4) The task force shall use legislative facilities and staff from senate committee services and the office of program research. Each nonlegislative member of the task force is eligible to be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060. All expenses of the task force, including travel, shall be paid jointly by the senate and the house of representatives.

(5) The task force shall report its findings and recommendations to the legislature by January 1, 2002.

(6) This section expires April 1, 2002.

NEW SECTION. Sec. 10. This act applies to manufactured homes without regard to the date such homes may have been altered."

Correct the title.