AN ACT Relating to certificates of competency for the installation of mobile homes; adding a new chapter to Title 18 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. The legislature finds that the installation of mobile homes on sites is often done improperly, causing health and safety risks to the occupants. There are different standards and procedures that must be followed which are unique to mobile homes. Persons who prepare the site and place the mobile home on the site must be knowledgeable in these procedures and standards.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:

(1) "Advisory board" means the board described in RCW 43.22.420.

(2) "Contractor" means the same as defined in RCW 18.27.010.

(3) "Department" means the department of labor and industries.

(4) "Install" means to prepare a site for a mobile home or to place the mobile home on the site in accordance with state and local regulations.

(5) "Installer" means a person who installs mobile homes.

(6) "Mobile home" means the same as defined in RCW 46.04.302.

NEW SECTION. Sec. 3. All persons who install mobile homes shall comply with the provisions of chapter 18.27 RCW and this chapter.

NEW SECTION. Sec. 4. (1) All installers shall qualify for and be issued a certificate of competency before installing any mobile home.

(2) The department shall issue a certificate of competency to all applicants who have passed the examination and have paid the fee for the certificate. The certificate shall bear the date of issuance, and shall expire on the birthdate of the holder immediately following the date of issuance. The certificate shall be renewable every other year, upon application, on or before the birthdate of the holder. A renewal fee shall be assessed for each certificate. If a person fails to renew the certificate by the renewal date, he or she shall pay a doubled fee. If the person does not renew the certificate within ninety days of the renewal date, he or she must retake the examination and pay the examination fee.

The certificate of competency provided for in this chapter grants the holder the right to engage in the work of installing mobile homes in accordance with his or her certificate throughout the state and within any of its political subdivisions on any job or any employment without additional proof of competency or any other license or permit or fee to engage in the work. This section does not preclude employees from adhering to a union security clause in any employment where such a requirement exists.

(3) Persons who are properly licensed under chapter 18.27 RCW and are engaged in the business of installing mobile homes on or before the effective date of this section may continue to install mobile homes for one year after procedures have been developed by the department to issue the certificate as provided for in subsection (2) of this section without a certificate of competency.

NEW SECTION. Sec. 5. The advisory board shall implement minimum qualifications and develop a test to ensure persons have sufficient skills and knowledge to install mobile homes properly. The advisory board may update the minimum qualifications and the test as it deems necessary.

NEW SECTION. Sec. 6. The department shall charge fees for issuance, renewal, and reinstatement of all certificates and permits and for examinations required by this chapter. The department shall set the fees by rule.

The fees shall cover the full cost of issuing the certificates and permits, devising and administering the examinations, and administering and enforcing this chapter. The costs shall include travel, per diem, and administrative support costs.

NEW SECTION. Sec. 7. The department shall make rules and set up procedures to implement this chapter, and may, among other things, conduct investigations and hold hearings.

NEW SECTION. Sec. 8. (1) The department may revoke any certificate of competency upon the following grounds:

(a) The certificate was obtained through error or fraud;

(b) The holder thereof is judged to be incompetent to carry on the trade of installing mobile homes;

(2) Before any certificate of competency shall be revoked, the holder thereof shall be given written notice of the department's intention to do so, mailed by registered mail, return receipt requested, to the holder's last known address. The notice shall enumerate the allegations against the holder, and shall give him or her the opportunity to request a hearing before the advisory board. At a hearing, the department and the holder shall have opportunity to produce witnesses and give testimony. The hearing shall be conducted in accordance with the provisions of chapter 34.04 RCW. The board shall render its decision based upon the testimony and evidence presented, and shall notify the parties immediately upon reaching its decision. A majority of the board shall be necessary to render a decision.

NEW SECTION. Sec. 9. In addition to possible revocation of the certificate of competency, a violation of this chapter shall also be a violation of RCW 18.27.117(1), and shall, in addition to any other penalties, the holder shall be fined one hundred dollars.

NEW SECTION. Sec. 10. Sections 1 through 9 of this act shall constitute a new chapter in Title 18 RCW.

NEW SECTION. Sec. 11. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.