HOUSE BILL REPORT

HB 2685

BYRepresentatives Cooper, Ferguson, R. Meyers, Padden, Nutley, Zellinsky, Rector, Anderson and Todd

Requiring the department of labor and industries to recognize federal electrical standards for manufactured homes.

House Committe on Housing

Majority Report:  Do pass.  (8)

      Signed by Representatives Nutley, Chair; Leonard, Vice Chair; Winsley, Ranking Republican Member; Anderson, Ballard, Padden, Rector and Todd.

House Staff:Bill Lynch (786-7092)

AS REPORTED BY COMMITTEE ON HOUSING JANUARY 26, 1990

BACKGROUND:

The Department of Labor and Industries has adopted the 1988 Edition of the National Electrical Code by reference.  Article 550 of the National Electrical Code sets forth standards that apply to mobile homes and mobile home parks.  A section contained in Article 550, pertaining to the supply of power to mobile homes, specifically states that the mobile home service equipment must be located adjacent to the mobile home and not mounted in or on the mobile home.

In 1974, Congress enacted the National Manufactured Housing Construction and Safety Standards Act.  The Department of Housing and Urban Development (HUD) has adopted regulations to implement this federal legislation.  The HUD regulations allow electricity to be supplied to manufactured homes by any one of three ways: by a mast weatherhead, an approved raceway, or an installation in which the service equipment is mounted directly on the manufactured home.

The National Manufactured Housing Construction and Safety Standards Act states that no state or political subdivision may establish or continue in effect any standard regarding the construction or safety with respect to manufactured housing that is not identical to federal standards.  A HUD regulation provides that wherever the federal standards differ from the National Electrical Code, the federal standards must apply.

The Department of Labor and Industries continues to enforce Article 550 of the National Electrical Code.  The department contends that although their inspectors must allow for electrical meters to be mounted on manufactured homes in the factory, there is no requirement for their inspectors to allow these electrical meters to be hooked-up at the site.  Concerns have been raised about the department's interpretation of the federal law, because a mobile home owner must have a separate pad erected in the yard in order to obtain electrical service.

SUMMARY:

The Department of Labor and Industries and any local enforcement agency are prohibited from establishing or enforcing any rule or ordinance that obstructs the objectives of Congress regarding the construction or safety of manufactured homes.  A prevailing party in any action concerning federal preemption of a state rule or local ordinance with respect to construction or safety standards for manufactured housing is entitled to court costs and reasonable attorneys fees.

The Department of Labor and Industries is required to approve electrical hook-ups for manufactured homes that supply electricity to the manufactured homes in accordance with federal construction and safety standards.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Ron Clarke, Washington Manufactured Housing Association, and Dan Kelleher, King County Housing Authority.

House Committee - Testified Against:      No one.

House Committee - Testimony For:    The bill will clarify what law controls electrical hook-ups for manufactured homes.  Costs for installing unnecessary pedestals can be avoided.

House Committee - Testimony For:    None.