AN ACT Relating to adopting national standards for factory built housing and commercial structures; amending RCW 43.22.455, 43.22.470, and 43.22.480; and reenacting and amending RCW 43.22.450.
Sec. 1. RCW 43.22.450 and 2019 c 352 s 4 and 2019 c 165 s 2 are each reenacted and amended to read as follows:Factory built housing and commercial structures, regulating installation of—Definitions.
Whenever used in RCW 43.22.450 through 43.22.490:
(1) "Department" means the Washington state department of labor and industries;
(2) "Approved" means approved by the department;
(3) "Factory built housing" means any structure, including a factory built tiny house with or without a chassis (wheels), designed primarily for human occupancy other than a manufactured or mobile home the structure or any room of which is either entirely or substantially prefabricated or assembled at a place other than a building site;
(4) "Install" means the assembly of factory built housing or factory built commercial structures at a building site;
(5) "Building site" means any tract, parcel or subdivision of land upon which factory built housing or a factory built commercial structure is installed or is to be installed;
(6) "Local enforcement agency" means any agency of the governing body of any city, county, or state which enforces laws or ordinances governing the construction of buildings;
(7) "Commercial structure" means a structure designed or used for human habitation, or human occupancy for industrial, educational, assembly, professional or commercial purposes;
(8) "Qualified inspection agency" means a nongovernmental entity approved by the department to perform inspections under contract for the department.
2019 c 352 s 4; 2019 c 165 s 2; 2001 c 335 s 8; 1973 1st ex.s. c 22 s 1; 1970 ex.s. c 44 s 1.
Reviser's note: This section was amended by 2019 c 165 s 2 and by 2019 c 352 s 4, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Finding—2019 c 352: See note following RCW 58.17.040.
Application—2001 c 335: See note following RCW 43.22.335.
Sec. 2. RCW 43.22.455 and 1973 1st ex.s. c 22 s 2 are each amended to read as follows:Factory built housing and commercial structures, regulating installation of—Housing must be approved, have department insignia—Significance of insignia—Modification of housing during installation must be approved.
No factory built housing or factory built commercial structure shall be installed on a building site in this state after the effective date of the regulations adopted pursuant to RCW 43.22.480 unless it is approved and bears the insignia of approval of the department.
(1) Any factory built housing or factory built commercial structure bearing an insignia of approval of the department shall be deemed to comply with any laws, ordinances or regulations enacted by any city or county or any local enforcement agency which govern the manufacture and construction of factory built housing or factory built commercial structures or on-site housing.
(2) No factory built housing or factory built commercial structure which has been approved by the department shall be in any way modified prior to, or during installation by a manufacturer or installer unless approval of such modification is first made by the department.
(3) Department approval under RCW 43.22.450 through 43.22.490 is not required for a prefabricated enclosure for energy storage systems or electrical equipment associated with the generation, control, transformation, transmission, or distribution of energy installations under the ownership and exclusive control of an electric utility by established right where the enclosure entry is limited to qualified service personnel for maintenance, repair, or occasional monitoring of energy storage system units or electrical equipment and not occupied for other purposes.
1973 1st ex.s. c 22 s 2; 1970 ex.s. c 44 s 2.
Sec. 3. RCW 43.22.470 and 2019 c 165 s 1 are each amended to read as follows:Factory built housing and commercial structures, regulating installation of—Delegation of inspection duty—Qualified inspection agencies.
The department shall have the authority to delegate all or part of its duties of inspection to a local enforcement agency or a qualified inspection agency.
The rules adopted by the department under RCW 43.22.480 may include options for inspections to be conducted by a qualified inspection agency. Qualified inspection agencies shall be objective, competent, and independent from the companies responsible for the work being inspected. The qualified inspection agency will disclose to the department any conflict of interest so that objectivity may be confirmed. Qualified inspection agencies shall have adequate equipment to perform the required inspections and shall employ experienced personnel with appropriate certifications and knowledge for the inspections being performed. Certification by the international code council will be recognized as meeting this last requirement.
2019 c 165 s 1; 1970 ex.s. c 44 s 5.
Sec. 4. RCW 43.22.480 and 2008 c 181 s 204 are each amended to read as follows:Factory built housing and commercial structures, installation—Rules—Enforcement—Standards—Fees—Waiver of provisions during state of emergency.
(1) The department shall adopt and enforce rules that protect the health, safety, and property of the people of this state by assuring that all factory built housing or factory built commercial structures are structurally sound and that the plumbing, heating, electrical, and other components thereof are reasonably safe. The rules shall be reasonably consistent with recognized and accepted principles of safety and structural soundness, and in adopting the rules the department shall consider, so far as practicable,: The national consensus standards published by the International Code Council, Inc. for off-site construction planning, design, fabrication, and assembly; the national consensus standards published by the International Code Council, Inc. for inspections and regulatory compliance; the standards and specifications contained in the uniform international building, uniform plumbing, and international mechanical codes, including the barrier free code and the Washington energy code as adopted by the state building code council pursuant to chapter 19.27A RCW, and the national electrical code, including the state rules as adopted pursuant to chapter 19.28 RCW and published by the national fire protection association; or, when applicable, the temporary worker building code adopted under RCW 70.114A.081.
(2) The department shall set a schedule of fees which will cover the costs incurred by the department in the administration and enforcement of RCW 43.22.450 through 43.22.490.
(3) The director may adopt rules that provide for approval of a plan that is certified as meeting state requirements or the equivalent by a professional who is licensed or certified in a state whose licensure or certification requirements meet or exceed Washington requirements.
(4) During a state of emergency declared under RCW 43.06.010(12), the governor may waive or suspend the collection of fees under this section or any portion of this section or under any administrative rule, and issue any orders to facilitate the operation of state or local government or to promote and secure the safety and protection of the civilian population.
2008 c 181 s 204; 1998 c 37 s 4; 1995 c 289 s 2; 1989 c 134 s 1; 1979 ex.s. c 76 s 2; 1973 1st ex.s. c 22 s 5; 1970 ex.s. c 44 s 7.
Part headings not law—2008 c 181: See note following RCW 43.06.220.