H‑0442.1   _____________________________________________

HOUSE BILL 1791

           _____________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Representatives Dunn, Fromhold, Ogden, Hurst and O'Brien

Read first time 02/05/2001.  Referred to Committee on Local Government & Housing.

_1      AN ACT Relating to certification of resident managers of mobile

_2  home parks; adding a new chapter to Title 18 RCW; making an

_3  appropriation; providing an effective date; and declaring an

_4  emergency.

_5  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_6      NEW SECTION. Sec. 1.  The purpose of this chapter is to

_7  establish a certification program for managers of mobile home

_8  parks.

_9      NEW SECTION. Sec. 2.  Unless the context clearly requires

10  otherwise, the definitions in this section apply throughout this

11  chapter.

12      (1) "Advisory council" means the advisory council on mobile

13  home park manager training and certification created in section 7

14  of this act.

15      (2) "Department" means the department of community, trade, and

16  economic development.

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_1      (3) "Director" means the director of the department of

_2  community, trade, and economic development.

_3      (4) "Mobile home park" has the same meaning as in RCW

_4  59.20.030.

_5      (5) "Mobile home park management" means those actions,

_6  functions, or duties related to the management of a mobile home

_7  park.

_8      (6) "Mobile home park manager" means a person who performs

_9  mobile home park management duties and is required to be certified

10  under this chapter to perform mobile home park management services

11  and includes resident owners of mobile home parks who perform

12  management duties.

13      NEW SECTION. Sec. 3.  (1) A person will not manage a mobile home

14  park in this state for any mobile home park with more than twenty-

15  five mobile home lots until a certificate of registration

16  certifying him or her as a mobile home park manager has been

17  issued to him or her by the director in accordance with this

18  chapter, except that a person initially employed as a park manager

19  after the effective date of this act may be employed in that

20  capacity for no more than ninety consecutive days following

21  commencement of employment.  At the end of that ninety-day period

22  the park manager must have attained certification in accordance

23  with this chapter or immediately cease their employment.

24      (2) A corporation, partnership, trust, association, sole

25  proprietor, or other like organization may own or operate a mobile

26  home park or engage in the business of mobile home park management

27  without being certified if it employs, retains, or contracts with

28  certified natural persons who are registered mobile home park

29  managers subject to this chapter.

30      NEW SECTION. Sec. 4.  (1) The director will not issue an initial

31  certificate of registration to any person to act as a mobile home

32  park manager until that person has:

33      (a) Executed a written application on a form prescribed by the

34  director, subscribed and sworn to by the applicant;

35      (b) Attended and completed a department-approved training

36  course for mobile home park managers;

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_1      (c) Passed an examination approved by the department which

_2  demonstrates that the applicant has a fundamental knowledge of the

_3  manufactured/mobile home landlord-tenant act under chapter 59.20

_4  RCW; and

_5      (d) Paid to the director a fee authorized in section 8 of this

_6  act.

_7      (2) Certificates of registration are effective on the date

_8  issued by the department and must be renewed every two years.

_9      (3) A certificate of registration may be renewed annually

10  provided the applicant provides evidence of continuing education

11  as approved by the department.  This evidence must be submitted with

12  an application to renew certification.  A maximum of eight hours of

13  continuing education biennially may be required by the department

14  for renewal of certification.

15      (4) As of the effective date of this section, mobile home park

16  managers may present a verification of having successfully

17  completed a training course conducted by a statewide trade

18  association of mobile home park owners, which will satisfy the

19  initial training requirement for one year and entitle the park

20  manager to certification for that year.

21      NEW SECTION. Sec. 5.  The department will contract with a

22  statewide trade association exclusively representing mobile home

23  park owners for the delivery of training courses required by this

24  chapter.  Training courses shall be made available within ninety

25  days after the effective date of this section.  The trade

26  association may charge a fee for delivery of the training

27  courses.  The department, in consultation with the advisory council,

28  will approve the curriculum of the training program.

29      NEW SECTION. Sec. 6.  (1) The department, in consultation with

30  the advisory council, will administer, coordinate, and enforce

31  this chapter, develop the examination of applicants, and be

32  responsible for the granting of certificates to qualified persons.

33      (2) The department is authorized to adopt rules that are

34  necessary to implement, enforce, and interpret this chapter.

35      NEW SECTION. Sec. 7.  (1) There is created an advisory council

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_1  on mobile home park manager training and certification.  The council

_2  consists of five members as follows:  Two members of the council

_3  must be residents of mobile home parks; two members must be owners

_4  of mobile home parks; and one member must be the director or the

_5  director's designee, who serves as the chair of the council and is

_6  a nonvoting member.  The resident members of the council must be

_7  selected from nominees submitted by organizations that represent

_8  mobile home owners.  The park owner members of the council must be

_9  selected from nominees submitted by the manufacturing housing

10  communities of Washington.  The director will appoint the members

11  for terms of two years.

12      (2) Members of the council will serve without compensation but

13  are entitled to receive reimbursement for travel expenses as

14  provided in RCW 43.03.050 and 43.03.060.

15      (3) The functions of the advisory council are to:

16      (a) Review, evaluate, and advise the department concerning

17  revisions and adoption of rules affecting certification of mobile

18  home park managers and the fees to be charged under section 8 of

19  this act; and

20      (b) Develop, review, revise, and approve, in consultation with

21  the department, the program for certification of mobile home park

22  managers.

23      (4) The advisory council will meet at the call of its chair, at

24  the request of a majority of its membership, at the request of the

25  department, or at such times as are prescribed by rule.

26      (5) The department will provide adequate staff support to the

27  advisory council to assist it in fulfilling its duties.

28      NEW SECTION. Sec. 8.  The department may charge reasonable fees

29  for services under this chapter that include, but are not limited

30  to, the initial application fee, an application renewal fee, and

31  fees for manager certification training costs.  These fees are not

32  intended to exceed the cost of providing the service under this

33  chapter.

34      NEW SECTION. Sec. 9.  Sections 3 and 4 of this act are necessary

35  for the immediate preservation of the public peace, health, or

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_1  safety, or support of the state government and its existing public

_2  institutions, and take effect July 1, 2001.

_3      NEW SECTION. Sec. 10.  If any provision of this act or its

_4  application to any person or circumstance is held invalid, the

_5  remainder of the act or the application of the provision to other

_6  persons or circumstances is not affected.

_7      NEW SECTION. Sec. 11.  The sum of thirty‑five thousand dollars,

_8  or as much thereof as may be necessary, is appropriated for the

_9  fiscal year ending June 30, 2002, from the general fund to the

10  department of community, trade, and economic development for the

11  purposes of this act.

12      NEW SECTION. Sec. 12.  Sections 1 through 10 of this act

13  constitute a new chapter in Title 18 RCW.

‑‑‑ END ‑‑‑

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