Washington State House of Representatives Office of Program Research | BILL ANALYSIS |
Labor & Workplace Standards Committee |
HB 1329
This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent. |
Brief Description: Modifying monetary penalties imposed for infractions relating to mobile and manufactured home installation.
Sponsors: Representatives McCabe, Sells and Young; by request of Department of Labor & Industries.
Brief Summary of Bill |
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Hearing Date: 1/26/17
Staff: Joan Elgee (786-7106) and Alex Arkfeld (786-7290).
Background:
A certified installer must install or supervise the installation of a mobile or manufactured home. The certified installer must ensure compliance with the manufacturer's instructions and is required to supervise all necessary on-site installation work, including the construction of the foundation system and the installation of the support piers. A certified installer need not supervise a homeowner performing work on his or her primary residence or receiving unpaid help from friends and family. A certified installer is also not required to supervise certain specified activities, such as site preparation and carpet installation. By rule, a certified installer must purchase an installer certification tag identifying the installer, attach the tag to the mobile or manufactured home on which the installer works, and submit monthly reports to the Department of Labor and Industries (Department). The Department trains, or approves other providers to train, and certifies mobile and manufactured home installers. An applicant for certification must have prior experience, attend a 10-hour training course, pass an examination, and pay program fees. Certification expires after three years but a certified installer may renew, for a fee, if he or she has satisfied all continuing education requirements. The Department ensures compliance with installation requirements by inspecting sites and auditing reports. The Department may issue an infraction notice to persons who commit specified violations, including the following:
an individual or contractor who installs a mobile or manufactured home without certification or proper supervision;
an installer who fails to attach an installer certification tag after performing work; and
an installer who gives his or her installer certification tag to an uncertified installer, or an installer who gives his or her tag to a certified installer without Department approval.
Each worksite at which, and each day on which, a violation occurs constitutes a separate infraction, and the Department is required to impose a $1,000 penalty for each infraction notice. An administrative law judge may waive, reduce, or suspend this penalty.
Summary of Bill:
The monetary penalty for violating the mobile and manufactured home installation requirements is changed from a mandatory $1,000 penalty per infraction notice to a discretionary penalty. The Department of Labor and Industries must set a penalty schedule through rulemaking, ranging from $250 for a first infraction up to $1,000 for subsequent infractions.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.