| State of Washington | 58th Legislature | 2004 Regular Session |
READ FIRST TIME 03/05/03.
AN ACT Relating to prohibiting discrimination against consumers' choices in housing; amending RCW 35.63.160; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35A.21 RCW; adding a new section to chapter 36.01 RCW; creating a new section; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that: Congress has
preempted the regulation by the states of manufactured housing
construction standards through adoption of construction standards for
manufactured housing (42 U.S.C. Sec. 5401-5403); and this federal
regulation is equivalent to the state's uniform building code. The
legislature also finds that congress has declared that: (1)
Manufactured housing plays a vital role in meeting the housing needs of
the nation; and (2) manufactured homes provide a significant resource
for affordable homeownership and rental housing accessible to all
Americans (42 U.S.C. Sec. 5401-5403). The legislature intends to
protect the consumers' rights to choose among a number of housing
construction alternatives without restraint of trade or discrimination
by local governments.
NEW SECTION. Sec. 2 A new section is added to chapter 35.21 RCW
to read as follows:
A city or town may not enact any statute or ordinance that has the
effect, directly or indirectly, of discriminating against consumers'
choices in the placement or use of a home in such a manner that is not
equally applicable to all homes. Homes built to 42 U.S.C. Sec. 5401-5403 standards (as amended in 2000) must be regulated in the same
manner as site built homes, factory built homes, or homes built to any
other state construction standard. However, any city or town may
require that (1) a manufactured home be a new manufactured home, (2)
the manufactured home be set upon a permanent foundation, as specified
in the state manufactured housing installation standard and that the
space from the bottom of the home to the ground be enclosed by concrete
or an approved concrete product which can be either load bearing or
decorative, (3) if the manufactured home is to be located in a
designated historic neighborhood, the manufactured home comply with all
design standards that apply to all other homes within the designated
historic neighborhood, (4) the home is thermally equivalent to the
state energy code, and (5) the manufactured home otherwise meets all
other requirements for a designated manufactured home as defined in RCW
35.63.160. A city with a population of one hundred thirty-five
thousand or more may choose to designate its building official as the
person responsible for issuing all permits for alterations, remodeling,
or expansion of manufactured housing located within the city limits
under this section.
NEW SECTION. Sec. 3 A new section is added to chapter 35A.21 RCW
to read as follows:
A code city may not enact any statute or ordinance that has the
effect, directly or indirectly, of discriminating against consumers'
choices in the placement or use of a home in such a manner that is not
equally applicable to all homes. Homes built to 42 U.S.C. Sec. 5401-5403 standards (as amended in 2000) must be regulated in the same
manner as site built homes, factory built homes, or homes built to any
other state construction standard. However, any code city may require
that (1) a manufactured home be a new manufactured home, (2) the
manufactured home be set upon a permanent foundation, as specified in
the state manufactured housing installation standard and that the space
from the bottom of the home to the ground be enclosed by concrete or an
approved concrete product which can be either load bearing or
decorative, (3) if the manufactured home is to be located in a
designated historic neighborhood, the manufactured home comply with all
design standards that apply to all other homes within the designated
historic neighborhood, (4) the home is thermally equivalent to the
state energy code, and (5) the manufactured home otherwise meets all
other requirements for a designated manufactured home as defined in RCW
35.63.160. A code city with a population of one hundred thirty-five
thousand or more may choose to designate its building official as the
person responsible for issuing all permits for alterations, remodeling,
or expansion of manufactured housing located within the city limits
under this section.
NEW SECTION. Sec. 4 A new section is added to chapter 36.01 RCW
to read as follows:
A county may not enact any statute or ordinance that has the
effect, directly or indirectly, of discriminating against consumers'
choices in the placement or use of a home in such a manner that is not
equally applicable to all homes. Homes built to 42 U.S.C. Sec. 5401-5403 standards (as amended in 2000) must be regulated in the same
manner as site built homes, factory built homes, or homes built to any
other state construction standard. However, any county may require
that (1) a manufactured home be a new manufactured home, (2) the
manufactured home be set upon a permanent foundation, as specified in
the state manufactured housing installation standard and that the space
from the bottom of the home to the ground be enclosed by concrete or an
approved concrete product which can be either load bearing or
decorative, (3) if the manufactured home is to be located in a
designated historic neighborhood, the manufactured home comply with all
design standards that apply to all other homes within the designated
historic neighborhood, (4) the home is thermally equivalent to the
state energy code, and (5) the manufactured home otherwise meets all
other requirements for a designated manufactured home as defined in RCW
35.63.160.
Sec. 5 RCW 35.63.160 and 1988 c 239 s 1 are each amended to read
as follows:
(1) ((Each comprehensive plan which does not allow for the siting
of manufactured homes on individual lots shall be subject to a review
by the city of the need and demand for such homes. The review shall be
completed by December 31, 1990.)) A
"designated manufactured home" is a manufactured home constructed after
June 15, 1976, in accordance with state and federal requirements for
manufactured homes, which:
(2) For the purpose of providing an optional reference for cities
which choose to allow manufactured homes on individual lots,
(a) Is comprised of at least two fully enclosed parallel sections
each of not less than twelve feet wide by thirty-six feet long;
(b) Was originally constructed with and now has a composition or
wood shake or shingle, coated metal, or similar roof of ((not less
than)) nominal 3:12 pitch; and
(c) Has exterior siding similar in appearance to siding materials
commonly used on conventional site-built uniform building code single-family residences.
(2) "New manufactured home" means any manufactured home required to
be titled under Title 46 RCW, which has not been previously titled to
a retail purchaser, and is not a "used mobile home" as defined in RCW
82.45.032(2).
(3) Nothing in this section precludes cities from allowing any
manufactured home from being sited on individual lots through local
standards which differ from the designated manufactured home or new
manufactured home as described in this section, except that the term
"designated manufactured home" and "new manufactured home" shall not be
used except as defined in subsections (1) and (2) of this section.
NEW SECTION. Sec. 6 This act takes effect July 1, 2005.