SENATE BILL REPORT

SB 6593

As Passed Senate, February 11, 2004

Title: An act relating to prohibiting discrimination against consumers' choices in housing.

Brief Description: Prohibiting discrimination against consumers' choices in housing.

Sponsors: Senators Prentice, Carlson, Keiser, T. Sheldon and Winsley.

Brief History:

Committee Activity: Financial Services, Insurance & Housing: 2/2/04 [DP].

Passed Senate: 2/11/04, 49-0.

SENATE COMMITTEE ON FINANCIAL SERVICES, INSURANCE & HOUSING

Majority Report: Do pass.

      Signed by Senators Benton, Chair; Winsley, Vice Chair; Berkey, Keiser, Murray, Prentice and Roach.

Staff: Fara Daun (786-7459)

Background: Federal law preempts state regulation of manufactured housing. Washington State's uniform building code is equivalent to the federal code.

Summary of Bill: No city, town, code city, or county may enact any statute or ordinance that directly or indirectly, has the effect of discriminating against consumer choice in the placement or use of a home that does not apply equally to all homes. Homes built to the federal manufactured housing construction standards must be regulated in the same manner as site built homes, factory built homes, and homes built to any other state construction standard.

Cities, towns, code cities, and counties may require manufactured housing to be set on a permanent foundation, be thermally equivalent to the state energy code, and otherwise meet all other requirements for a designated manufactured home.

The provision subjecting a city's comprehensive plan that does not allow for the siting of manufactured homes on individual lots to a review by the city for the need and demand for such homes by December 31, 1990 is stricken. "New manufactured home" is defined.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect on July 1, 2005.

Testimony For: None.

Testimony Against: None.

Testified: No one.

House Amendment(s): The amendment narrows the limitation on city and county regulations to those for purposes of siting. The foundation standard is changed from the state building code to manufacturer specifications and permits requirements for concrete or approved concrete products to be placed between the bottom of the home and the ground. An exception is added to the limitation on local regulation for local design standards that apply to all homes in the neighborhood. Cities and code cities over 135,000 in population are permitted to designate their building official as the person responsible for all permits, including labor and industries permits, for alterations, remodeling, or expansion. It clarifies that legally recorded covenants and deed restrictions and state law regulating labor and industries take precedence over these provisions.