WSR 02-15-100

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF COMMUNITY,

TRADE AND ECONOMIC DEVELOPMENT

[ Filed July 17, 2002, 10:52 a.m. ]

Subject of Possible Rule Making: The Office of Manufactured Housing (OMH) (a.k.a. the Office of Mobile Home Affairs) needs to develop rules to prescribe a form to be utilized by installers to identify work being performed and certification number of certified installer as authorized by RCW 43.63B.060 and to develop criteria for fees and reporting of those forms. OMH must adopt rules to establish and administer a process of approving alternative educational providers as required by RCW 43.63B.035, and must develop criteria for a continuing education program as required by RCW 43.63B.040. Rule making will also address establishing compliance procedures for incompetent installations, updating the current installer program WAC, chapter 365-210 WAC to correct inconsistencies, to reformat existing fee schedule for clarity, and to address changes to the recertification process.

Statutes Authorizing the Agency to Adopt Rules on this Subject: Chapter 43.63B RCW, RCW [43.63B.]050, [43.63B.]060, [43.63B.]035, [43.63B.]800, 43.330.040.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: RCW 43.63B.060 authorizes OMH to prescribe a form to be utilized by installers to identify work being performed and certification number of certified installer. No current method exists for tracking number and quality of installations. Fees will be assessed and criteria developed for implementation of a serialized installer tag system that will require installers to report work performed on a particular home. This will allow tracking of installations and allow OMH to address quality issues with education or other actions.

In order to comply with RCW 43.63B.035 and [43.63B.]040, rules must be developed setting out criteria for a method of approving alternative educational providers and for a continuing education program.

No criteria exists for issuing a notice of correction and other compliance procedures for addressing incompetent installations. Rule writing will set that criteria.

The current installer program chapter 365-210 WAC, needs changes to correct inconsistencies; to reformat existing fee schedule for clarity; and to address changes to the recertification process.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Federal Department of Housing and Urban Development, Washington State Department of Licensing, and the Washington State Department of Labor and Industries. Rules will be coordinated with each agency through meetings and other forms of communication.

Process for Developing New Rule: Draft rules will be mailed to stakeholders. Feedback will be accepted in writing as well as at two public hearings, one in eastern Washington and one in western Washington. OMH will request and consider comments from all affected parties.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Teri Ramsauer, Office of Manufactured Housing, P.O. Box 48350, Olympia, WA 98504-8350, phone (360) 725-2960, fax (360) 586-5880, e-mail terir@cted.wa.gov. Draft rules will be mailed to stakeholders.

July 16, 2002

Martha Choe

Director

Washington State Code Reviser's Office