H-3838              _______________________________________________

                                                   HOUSE BILL NO. 2685

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

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

Read first time 1/19/90 and referred to Committee on Housing.

AN ACT Relating to manufactured housing standards; adding new sections to chapter 43.22 RCW; and creating a new section.

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

NEW SECTION. Sec. 1.     The legislature finds that manufactured housing provides an important source of affordable housing for Washington residents.  Manufactured homes allow many citizens to own a home who otherwise would not be able to afford home ownership.

          The legislature also finds that the regulation of manufactured housing construction by the United States department of housing and urban development is both reasonable and necessary in order to protect the health and safety of purchasers and to protect the interstate business of manufacturers.  The legislature recognizes that the federal government has adopted a provision that preempts any state or local government from adopting or continuing in effect any standards regarding construction or safety, with respect to manufactured homes, that are not identical to the federal standards.  The legislature therefore declares that it is the policy of this state that any action taken by the state or a unit of local government to enforce any regulation or ordinance that is not consistent with the full purposes and objectives of congress shall be void and unenforceable.

NEW SECTION. Sec. 2.  A new section is added to chapter 43.22 RCW to read as follows:

          The department of labor and industries and any local enforcement agency are prohibited from establishing or enforcing any rule or ordinance or taking any action that stands as an obstacle to the accomplishment and execution of the full purposes and objectives of congress regarding the construction or safety of manufactured homes.  The test of whether a state rule or local ordinance or action is valid or must give way is whether the state rule or local ordinance can be enforced or the action taken without impairing the federal superintendence of the manufactured housing industry as established by federal law.  The prevailing party in any action concerning federal preemption of a state rule or local ordinance with respect to federal construction or safety standards for manufactured housing is entitled to court costs and reasonable attorneys' fees.

NEW SECTION. Sec. 3.  A new section is added to chapter 43.22 RCW to read as follows:

          The department of labor and industries must approve electrical hook-ups for manufactured homes that supply electricity to manufactured homes in accordance with federal construction and safety standards.