6593AMHROMEH5229.2SB 6593H AMD1104By Representative RomeroADOPTED 03/03/2004 Strike everything after the enacting clause and insert thefollowing:NEW SECTION.Sec. The legislature finds that: Congress haspreempted the regulation by the states of manufactured housingconstruction standards through adoption of construction standards formanufactured housing (42 U.S.C. Sec. 54015403); and this federalregulation is equivalent to the state's uniform building code. Thelegislature also finds that congress has declared that: (1)Manufactured housing plays a vital role in meeting the housing needs ofthe nation; and (2) manufactured homes provide a significant resourcefor affordable homeownership and rental housing accessible to allAmericans (42 U.S.C. Sec. 54015403). The legislature intends toprotect the consumers' rights to choose among a number of housingconstruction alternatives without restraint of trade or discriminationby local governments.NEW SECTION.Sec. A new section is added to chapter 35.21 RCWto read as follows: (1) A city or town may not enact any statute or ordinance that hasthe effect, directly or indirectly, of discriminating againstconsumers' choices in the placement or use of a home in such a mannerthat is not equally applicable to all homes. Homes built to 42 U.S.C.Sec. 54015403 standards (as amended in 2000) must be regulated for thepurposes of siting in the same manner as site built homes, factorybuilt homes, or homes built to any other state construction or localdesign standard. However, any city or town may require that (a) amanufactured home be a new manufactured home; (b) the manufactured homebe set upon a permanent foundation, as specified by the manufacturer,and that the space from the bottom of the home to the ground beenclosed by concrete or an approved concrete product which can be 1 either load bearing or decorative; (c) the manufactured home complywith all local design standards applicable to all other homes withinthe neighborhood in which the manufactured home is to be located; (d)the home is thermally equivalent to the state energy code; and (e) themanufactured home otherwise meets all other requirements for adesignated manufactured home as defined in RCW 35.63.160. A city witha population of one hundred thirtyfive thousand or more may choose todesignate its building official as the person responsible for issuingall permits, including department of labor and industries permitsissued under chapter 43.22 RCW in accordance with an interlocalagreement under chapter 39.34 RCW, for alterations, remodeling, orexpansion of manufactured housing located within the city limits underthis section. (2) This section does not override any legally recorded covenantsor deed restrictions of record. (3) This section does not affect the authority granted underchapter 43.22 RCW.NEW SECTION.Sec. A new section is added to chapter 35A.21 RCWto read as follows: (1) A code city may not enact any statute or ordinance that has theeffect, directly or indirectly, of discriminating against consumers'choices in the placement or use of a home in such a manner that is notequally applicable to all homes. Homes built to 42 U.S.C. Sec. 54015403 standards (as amended in 2000) must be regulated for the purposesof siting in the same manner as site built homes, factory built homes,or homes built to any other state construction or local designstandard. However, any code city may require that (a) a manufacturedhome be a new manufactured home; (b) the manufactured home be set upona permanent foundation, as specified by the manufacturer, and that thespace from the bottom of the home to the ground be enclosed by concreteor an approved concrete product which can be either load bearing ordecorative; (c) the manufactured home comply with all local designstandards applicable to all other homes within the neighborhood inwhich the manufactured home is to be located; (d) the home is thermallyequivalent to the state energy code; and (e) the manufactured homeotherwise meets all other requirements for a designated manufactured 2 home as defined in RCW 35.63.160. A code city with a population of onehundred thirtyfive thousand or more may choose to designate itsbuilding official as the person responsible for issuing all permits,including department of labor and industries permits issued underchapter 43.22 RCW in accordance with an interlocal agreement underchapter 39.34 RCW, for alterations, remodeling, or expansion ofmanufactured housing located within the city limits under this section. (2) This section does not override any legally recorded covenantsor deed restrictions of record. (3) This section does not affect the authority granted underchapter 43.22 RCW.NEW SECTION.Sec. A new section is added to chapter 36.01 RCWto read as follows: (1) A county may not enact any statute or ordinance that has theeffect, directly or indirectly, of discriminating against consumers'choices in the placement or use of a home in such a manner that is notequally applicable to all homes. Homes built to 42 U.S.C. Sec. 54015403 standards (as amended in 2000) must be regulated for the purposesof siting in the same manner as site built homes, factory built homes,or homes built to any other state construction or local designstandard. However, any county may require that (a) a manufactured homebe a new manufactured home; (b) the manufactured home be set upon apermanent foundation, as specified by the manufacturer, and that thespace from the bottom of the home to the ground be enclosed by concreteor an approved concrete product which can be either load bearing ordecorative; (c) the manufactured home comply with all local designstandards applicable to all other homes within the neighborhood inwhich the manufactured home is to be located; (d) the home is thermallyequivalent to the state energy code; and (e) the manufactured homeotherwise meets all other requirements for a designated manufacturedhome as defined in RCW 35.63.160. (2) This section does not override any legally recorded covenantsor deed restrictions of record. (3) This section does not affect the authority granted underchapter 43.22 RCW. 3 Sec. RCW 35.63.160 and 1988 c 239 s 1 are each amended to readas follows: (1) ((Each comprehensive plan which does not allow for the sitingof manufactured homes on individual lots shall be subject to a reviewby the city of the need and demand for such homes. The review shall becompleted by December 31, 1990. (2) For the purpose of providing an optional reference for citieswhich choose to allow manufactured homes on individual lots,)) A"designated manufactured home" is a manufactured home constructed afterJune 15, 1976, in accordance with state and federal requirements formanufactured homes, which: (a) Is comprised of at least two fully enclosed parallel sectionseach of not less than twelve feet wide by thirtysix feet long; (b) Was originally constructed with and now has a composition orwood shake or shingle, coated metal, or similar roof of ((not lessthan)) nominal 3:12 pitch; and (c) Has exterior siding similar in appearance to siding materialscommonly used on conventional sitebuilt uniform building code singlefamily residences. (2) "New manufactured home" means any manufactured home required tobe titled under Title 46 RCW, which has not been previously titled toa retail purchaser, and is not a "used mobile home" as defined in RCW82.45.032(2). (3) Nothing in this section precludes cities from allowing anymanufactured home from being sited on individual lots through localstandards which differ from the designated manufactured home or newmanufactured home as described in this section, except that the term"designated manufactured home" and "new manufactured home" shall not beused except as defined in subsections (1) and (2) of this section.NEW SECTION.Sec. This act takes effect July 1, 2005. 4 SB 6593H AMD1104By Representative RomeroADOPTED 03/03/2004 On page 1, line 2 of the title, after housing; strike theremainder of the title and insert amending RCW 35.63.160; adding a newsection to chapter 35.21 RCW; adding a new section to chapter 35A.21RCW; adding a new section to chapter 36.01 RCW; creating a new section;and providing an effective date.(1) Allows a county, city, or town to require that amanufactured home be set upon a permanent foundation, as specified bythe manufacturer, and that the space from the bottom of the home to theground be enclosed by concrete or an approved concrete product whichcan be either load bearing or decorative; (2) allows a county, city, ortown to require that the manufactured home comply with all local designstandards applicable to other homes within the neighborhood in whichthe manufactured home is to be located; (3) allows a city or code citywith a population of at least one hundred thirtyfive thousandresidents to designate its building official as being the personresponsible for the issuance of various permits relating to thealteration of a manufactured home; (4) exempts from the coverage of theact any legally recorded covenants, or deed restrictions of record.--- END --- 5