BILL REQ. #:  H-0248.5 

Read first time 01/15/09.   Referred to Committee on Local Government & Housing.

     AN ACT Relating to recreational vehicles used as primary residences in manufactured/mobile home communities; amending RCW 35.21.684, 35A.21.312, and 36.01.225; and declaring an emergency.

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

Sec. 1   RCW 35.21.684 and 2008 c 117 s 1 are each amended to read as follows:
     (1) A city or town may not adopt an 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 for the purposes of siting in the same manner as site built homes, factory built homes, or homes built to any other state construction or local design standard. However, except as provided in subsection (2) of this section, any city or town may require that:
     (a) A manufactured home be a new manufactured home;
     (b) The manufactured home be set upon a permanent foundation, as specified by the manufacturer, 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;
     (c) The manufactured home comply with all local design standards applicable to all other homes within the neighborhood in which the manufactured home is to be located;
     (d) The home is thermally equivalent to the state energy code; and
     (e) 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, including department of labor and industries permits issued under chapter 43.22 RCW in accordance with an interlocal agreement under chapter 39.34 RCW, for alterations, remodeling, or expansion of manufactured housing located within the city limits under this section.
     (2) A city or town may not adopt an ordinance that has the effect, directly or indirectly, of restricting the location of ((mobile homes or manufactured homes in mobile home parks or manufactured housing)) manufactured/mobile homes in manufactured/mobile home communities, as defined in RCW 59.20.030, which were legally in existence before June 12, 2008, based exclusively on the age or dimensions of the ((mobile home or)) manufactured/mobile home. This does not preclude a city or town from restricting the location of a ((mobile home or manufactured home in mobile home parks or manufactured housing)) manufactured/mobile home in manufactured/mobile home communities for any other reason including, but not limited to, failure to comply with fire, safety, or other local ordinances or state laws related to ((mobile homes and)) manufactured/mobile homes.
     (3) A city or town may not adopt an ordinance that has the effect, directly or indirectly, of preventing the entry or requiring the removal of a recreational vehicle used as a primary residence in manufactured/mobile home communities, as defined in RCW 59.20.030, unless the recreational vehicle fails to comply with the fire, safety, or other local ordinances or state laws related to recreational vehicles.
     (4) This section does not override any legally recorded covenants or deed restrictions of record.
     (((4))) (5) This section does not affect the authority granted under chapter 43.22 RCW.

Sec. 2   RCW 35A.21.312 and 2008 c 117 s 2 are each amended to read as follows:
     (1) A code city may not adopt an 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 for the purposes of siting in the same manner as site built homes, factory built homes, or homes built to any other state construction or local design standard. However, except as provided in subsection (2) of this section, any code city may require that:
     (a) A manufactured home be a new manufactured home;
     (b) The manufactured home be set upon a permanent foundation, as specified by the manufacturer, 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;
     (c) The manufactured home comply with all local design standards applicable to all other homes within the neighborhood in which the manufactured home is to be located;
     (d) The home is thermally equivalent to the state energy code; and
     (e) 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, including department of labor and industries permits issued under chapter 43.22 RCW in accordance with an interlocal agreement under chapter 39.34 RCW, for alterations, remodeling, or expansion of manufactured housing located within the city limits under this section.
     (2) A code city may not adopt an ordinance that has the effect, directly or indirectly, of restricting the location of ((mobile homes or manufactured homes in mobile home parks or manufactured housing)) manufactured/mobile homes in manufactured/mobile home communities, as defined in RCW 59.20.030, which were legally in existence before June 12, 2008, based exclusively on the age or dimensions of the ((mobile home or)) manufactured/mobile home. This does not preclude a code city from restricting the location of a ((mobile home or manufactured home in mobile home parks or manufactured housing)) manufactured/mobile home in manufactured/mobile home communities for any other reason including, but not limited to, failure to comply with fire, safety, or other local ordinances or state laws related to ((mobile homes and)) manufactured/mobile homes.
     (3) A code city may not adopt an ordinance that has the effect, directly or indirectly, of preventing the entry or requiring the removal of a recreational vehicle used as a primary residence in manufactured/mobile home communities, as defined in RCW 59.20.030, unless the recreational vehicle fails to comply with the fire, safety, or other local ordinances or state laws related to recreational vehicles.
     (4) This section does not override any legally recorded covenants or deed restrictions of record.
     (((4))) (5) This section does not affect the authority granted under chapter 43.22 RCW.

Sec. 3   RCW 36.01.225 and 2008 c 117 s 3 are each amended to read as follows:
     (1) A county may not adopt an 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 for the purposes of siting in the same manner as site built homes, factory built homes, or homes built to any other state construction or local design standard. However, except as provided in subsection (2) of this section, any county may require that:
     (a) A manufactured home be a new manufactured home;
     (b) The manufactured home be set upon a permanent foundation, as specified by the manufacturer, 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;
     (c) The manufactured home comply with all local design standards applicable to all other homes within the neighborhood in which the manufactured home is to be located;
     (d) The home is thermally equivalent to the state energy code; and
     (e) The manufactured home otherwise meets all other requirements for a designated manufactured home as defined in RCW 35.63.160.
     (2) A county may not adopt an ordinance that has the effect, directly or indirectly, of restricting the location of ((mobile homes or manufactured homes in mobile home parks or manufactured housing)) manufactured/mobile homes in manufactured/mobile home communities, as defined in RCW 59.20.030, which were legally in existence before June 12, 2008, based exclusively on the age or dimensions of the ((mobile home or)) manufactured/mobile home. This does not preclude a county from restricting the location of a ((mobile home or manufactured home in mobile home parks or manufactured housing)) manufactured/mobile home in manufactured/mobile home communities for any other reason including, but not limited to, failure to comply with fire, safety, or other local ordinances or state laws related to ((mobile homes and)) manufactured/mobile homes.
     (3) A county may not adopt an ordinance that has the effect, directly or indirectly, of preventing the entry or requiring the removal of a recreational vehicle used as a primary residence in manufactured/mobile home communities, as defined in RCW 59.20.030, unless the recreational vehicle fails to comply with the fire, safety, or other local ordinances or state laws related to recreational vehicles.
     (4) This section does not override any legally recorded covenants or deed restrictions of record.
     (((4))) (5) This section does not affect the authority granted under chapter 43.22 RCW.

NEW SECTION.  Sec. 4   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.