WSR 03-09-109

PROPOSED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed April 22, 2003, 11:59 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 01-03-070.

     Title of Rule: Factory assembled structures (chapters 296-150C, 296-150F, 296-150M, 296-150P, 296-150R, and 296-150V WAC).

     Purpose: The purpose of this rule making is to implement changes to the rules authorized by chapter 268, Laws of 2002 (SSB 6364) that was enacted in 2002, including:

•     Changes to the fee schedules for mobile/manufactured homes and factory-built housing and commercial structures rules (several of these fees are currently in place via emergency rules);

•     Provisions to allow the department to waive mobile/manufactured home alteration permit fees for indigent permit applicants;

•     Revisions to the disclosure requirements pertaining to the sale of mobile/manufactured homes;

•     Allowing the parties involved to enter into a conditional sales agreement as is consistent with the sale of a site-built home;

•     New provisions and penalties associated with auditing contractors that are performing work on manufactured/mobile homes;

•     Changes to the department's ability to prohibit the sale or lease of mobile/manufactured homes; and

•     Establishing notification provisions when an inspection is requested and if alterations to the home constitute a hazard to life, safety, or health.

     In addition, these rules:

•     Make changes to clarify how the department regulates commercial coaches that are used as medical units.

•     Correct a reference in WAC 296-150P-0020 relating to the National Electrical Code;

•     Adopt the latest edition of the American National Standards Institute (ANSI) and correct a reference to the National Electrical Code in WAC 296-150R-0020;

•     Remove the definition for temporary locations in WAC 296-150V-0020;

•     Adopt the latest edition of the National Electrical Code and clarify the particular national consensus codes and requirements that pertain to conversion vendor units or medical units;

•     Remove the provisions that solid fuel appliances may not be installed in conversion vendor units or medical units in WAC 296-150V-1090;

•     Make other necessary clarification and housekeeping changes; and

•     Incorporate necessary policy into rule.

     Statutory Authority for Adoption: RCW 43.22.340, 43.22.400, 43.22.432, 43.22.433, 43.22.434, 43.22.480, 43.22.485, and chapter 268, Laws of 2002 (SSB 6364).

     Statute Being Implemented: Chapter 43.22 RCW.

     Summary: See Purpose above.

     Reasons Supporting Proposal: See Purpose above.

     Name of Agency Personnel Responsible for Drafting: Josh Swanson, Tumwater, (360) 902-6411; Implementation and Enforcement: Patrick Woods, Tumwater, (360) 902-6348.

     Name of Proponent: Department of Labor and Industries, governmental.

     Rule is not necessitated by federal law, federal or state court decision.

     Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.

     Proposal Changes the Following Existing Rules: See Purpose above.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The department has considered whether these proposed rules are subject to the Regulatory Fairness Act and has determined that they do not require a small business economic impact statement because the costs associated with the proposed changes are exempted by law (see RCW 19.85.025 referencing RCW 34.05.310(4)) from the small business economic impact requirements and/or do not impose a more than minor economic impact on business.

     RCW 34.05.328 does not apply to this rule adoption. Significant rule-making criteria does not apply to these rule changes because the exempt criteria outlined in RCW 34.05.328(5) was met.

     Hearing Location: Yakima School District (Administration Offices), 104 North 4th Avenue, Yakima, WA, on May 27, 2003, at 1:00 p.m.; and at the Department of Labor and Industries Building, S 118, 7273 Linderson Way S.W., Tumwater, WA, on May 27, 2003, at 1:00 p.m.

     Assistance for Persons with Disabilities: Contact Josh Swanson by May 21, 2003, at (360) 902-6411 or swaj235@LNI.wa.gov for special assistance/accommodation needs.

     Submit Written Comments to: Josh Swanson, Specialty Compliance Services Division, P.O. Box 44400, Olympia, WA 98504-4400, e-mail swaj235@lni.wa.gov, fax (360) 902-5292, by May 27, 2003. Comments submitted by fax must be ten pages or less.

     Date of Intended Adoption: May 30, 2003.

April 22, 2003

Paul Trause

Director

OTS-6196.2


NEW SECTION
WAC 296-150C-0150   How does the department regulate commercial coaches that are used as medical units as defined in chapter 296-150V WAC?   (1) Commercial coaches that are used as medical units may either:

     (a) Comply with the requirements of this chapter; or

     (b) Receive approval by the department to comply with the applicable requirements found in chapter 296-150V WAC.

     (2) You must contact the department to receive the approval required in subsection (1)(b) of this section prior to using the commercial coach as a medical unit by demonstrating that the commercial coach is being used for medical unit purposes.

[]

OTS-6197.1


AMENDATORY SECTION(Amending WSR 01-12-035, filed 5/29/01, effective 6/29/01)

WAC 296-150F-3000   Factory-built housing and commercial structure fees.  


((WAC 296-150F-3000 FACTORY-BUILT HOUSING AND COMMERCIAL STRUCTURES))
INITIAL FILING FEE $((40.30)) 54.00
DESIGN PLAN FEES:
INITIAL FEE - MASTER DESIGN (CODE CYCLE) $((197.50)) 266.00
INITIAL FEE - ONE YEAR DESIGN $((115.90)) 156.00
RENEWAL FEE $((40.30)) 54.00
RESUBMIT FEE $((57.80)) 78.00
ADDENDUM (Approval expires on same date as original plan.) $((57.80)) 78.00
ELECTRONIC PLAN SUBMITTAL FEE $((4.50)) 4.60 per page for the first set of plans and $0.30 per page for each additional set of plans. These fees are in addition to any applicable design plan fees required under this section.
ELECTRICAL PLAN REVIEW (When required by ((WAC 296-46A-140)) chapter 296-46A WAC, Plan review
for educational, institutional or health care facilities and other buildings):
Electrical Plan submission fee $((57.80)) 59.40
Service/feeder Ampacity:
0 - 100 $((25.70)) 26.40
101 - 200 $((32.10)) 32.90
201 - 400 $((59.90)) 61.50
401 - 600 $((70.70)) 72.60
601 - 800 $((91.00)) 93.50
801 - 1000 $((111.30)) 114.40
Over 1000 $((120.80)) 124.10
Over 600 volts surcharge $((19.20)) 19.70
Thermostats:
First $((11.50)) 11.80
Each additional $3.00
Low voltage fire alarm and burglar alarm:
Each control panel and up to four circuits or zones $((10.50)) 10.70
Each additional circuit or zone $2.00
Generators, refer to appropriate service/feeder ampacity fees
Note: Altered services or feeders shall be charged the above rate per the service/feeder ampacity fees.
Supplemental submissions of plans (resubmittals, addendums, renewals, code updates, etc.) will be charged per hour or fraction of an hour* $((68.40)) 70.30
MEDICAL GAS PLAN REVIEW:
SUBMISSION FEE $((55.50)) 74.00
FIRST STATION $((55.50)) 74.00
EACH ADDITIONAL STATION $((20.50)) 27.00
RECIPROCAL PLAN REVIEW:
INITIAL FEE-MASTER DESIGN $((88.20)) 119.00
INITIAL FEE-ONE YEAR DESIGN $((53.40)) 72.00
RENEWAL FEE $((53.40)) 72.00
ADDENDUM $((53.40)) 72.00
PLANS APPROVED BY DESIGN PROFESSIONALS $((40.30)) 54.00
APPROVAL OF EACH SET OF DESIGN PLANS BEYOND FIRST TWO SETS $((11.00)) 14.00
DEPARTMENT INSPECTION FEES
INSPECTION/REINSPECTION (Per hour* plus travel time* and mileage**) $((57.80)) 69.00
TRAVEL (Per hour*) $((57.80)) 69.00
PER DIEM**
HOTEL***
MILEAGE**
RENTAL CAR***
PARKING***
AIRFARE***
DEPARTMENT AUDIT FEES:
AUDIT (Per hour*) $((57.80)) 69.00
TRAVEL (Per hour*) $((57.80)) 69.00
PER DIEM**
HOTEL***
MILEAGE**
RENTAL CAR***
PARKING***
AIRFARE***
INSIGNIA FEES:
FIRST SECTION $((162.50)) 220.00
EACH ADDITIONAL SECTION $((15.90)) 20.00
REISSUED-LOST/DAMAGED $((40.30)) 54.00
OTHER FEES:
FIELD TECHNICAL SERVICE (Per hour* plus travel time* and mileage**) $((57.80)) 69.00
NOTIFICATION TO LOCAL ENFORCEMENT AGENCY (NLEA) $((23.90)) 30.00
PUBLICATION PRINTING AND DISTRIBUTION OF RCW'S AND WAC'S (One free copy per year upon request) $((11.00)) 11.30
* Minimum charge of 1 hour; time spent greater than 1 hour is charged in 1/2 hour increments.
** Per state guidelines.
*** Actual charges incurred.

[Statutory Authority: RCW 43.22.350, 43.22.434, 43.22.480, 43.22.500, 18.27.070, 18.27.075, 70.87.030, 19.28.041, 19.28.051, 19.28.101, 19.28.121, 19.28.161, 19.28.201, 19.28.211, 19.28.341, 2001 c 159, and chapters 43.22, 19.28, 18.27, and 70.87 RCW. 01-12-035, § 296-150F-3000, filed 5/29/01, effective 6/29/01. Statutory Authority: Chapters 43.22, 18.27, 70.87 and 19.28 RCW. 99-12-080, § 296-150F-3000, filed 5/28/99, effective 6/28/99. Statutory Authority: Chapters 18.106, 18.27 and 43.22 RCW. 98-12-041, § 296-150F-3000, filed 5/29/98, effective 6/30/98. Statutory Authority: RCW 70.87.030, 18.27.070, [18.27.]075, 43.22.350, [43.22.]355, [43.22.]434 and [43.22.]480(2). 97-11-053, § 296-150F-3000, filed 5/20/97, effective 6/30/97. Statutory Authority: RCW 43.22.340, [43.22.]355, [43.22.]360, [43.22.]432, [43.22.]440 and [43.22.]480. 96-21-146, § 296-150F-3000, filed 10/23/96, effective 11/25/96.]

OTS-6211.3


AMENDATORY SECTION(Amending WSR 02-03-048, filed 1/9/02, effective 1/9/02)

WAC 296-150M-0020   What definitions apply to this chapter?   "Alteration" is the replacement, addition, modification, or removal of any equipment or installation that affects the construction, planning considerations, fire safety, or the plumbing, mechanical, and electrical systems of a manufactured home. The installation of whole-house water treatment equipment that requires cutting into the existing plumbing is considered an alteration and requires a permit, an inspection and an alteration insignia.

     "Alteration insignia" is an insignia issued by the department of labor and industries to verify that an alteration to a manufactured home meets the requirements of federal law 24 CFR 3280 and this chapter.

     "Anchoring system" is the means used to secure a mobile home to ground anchors or to other approved fastening devices. It may include straps, cables, turnbuckles, bolts, fasteners, and other components.

     "ANSI" is the American National Standards Institute, Inc., and the institute's rules applicable to manufactured homes, ANSI A225.1 Manufactured Homes Installation, 1994 edition, except section 3.5.2 - Ground Cover and section 4.1.3.3 - Clearance.

     "Authority having jurisdiction" means that either the department of labor and industries or the local jurisdiction is responsible for establishing specific manufactured home standards. The authority for specific manufactured home standards is divided as follows:

The department of labor and industries establishes standards for manufactured home installation and alterations and performs alteration inspections;
The local jurisdiction establishes standards for manufactured homes governing the building site and performs installation inspections.
     "Building site" is a tract, parcel, or subdivision of land on which a manufactured home is installed.

     "DAPIA" is a Design Approval Primary Inspection Agency as approved by the United States Department of Housing and Urban Development.

     "Department" is the department of labor and industries. The department may be referred to as "we" or "us" in this chapter. Note: You may contact us at: Department of Labor and Industries, Specialty Compliance, PO Box 44440, Olympia, WA 98504-4440.

     "Design plan" is a design submitted to the department for approval of a manufactured home structural alteration. This also includes other types of work and installations (plumbing, electrical, etc.) that are incidental to the structural alteration.

     "Equipment" means the appliances used in the alteration or installation of a manufactured home.

     Examples of appliances that require an alteration inspection include:

     • Furnace;

     • Water heater;

     • Air conditioner; and

     • Heat pump.

     Examples of appliances that do not require an alteration inspection include:

     • Microwave oven;

     • Washer;

     • Dryer; and

     • Dishwasher and range that are connected to their source of power by a plug-in cord.

     "Equivalent air conditioning/heat pump components" is equipment that performs the same function and is compatible with the equipment of another manufacturer, sometimes referred to as mix and match.

     "Footing" is the portion of a support system that transmits loads from the manufactured home to the ground.

     "Foundation skirting" or "skirting" is the material that surrounds and encloses the space under the manufactured home.

     "Homeowner" is an individual who owns a manufactured home. Dealers, distributors, and developers are not regarded as homeowners.

     "HUD" is the United States Department of Housing and Urban Development with headquarters located in Washington, D.C.

     "Indigent" means a person receiving an annual income, after taxes, of one hundred twenty-five percent or less of the most recently published federal poverty level.

     "Installation" is the activity needed to prepare a building site and to set a manufactured home within that site. Site means a tract, parcel, or subdivision of land including a mobile home park.

     "Installed manufactured or mobile home" is a manufactured or mobile home that has been placed on either private property or in a park and has been installed for occupancy. Installation includes the approval of the blocking of the home, and the connection of the home to all of the utilities, including water, sewer and electrical.

     "IPIA" is a manufactured home production Inspection Primary Inspection Agency approved by the United States Department of Housing and Urban Development. The department of labor and industries is the IPIA for Washington state.

     "Local enforcement agency" is an agency of city or county government with power to enforce local regulations governing the building site and installation of a manufactured home.

     "Manufactured home" is a single-family dwelling built according to the Department of Housing and Urban Development Manufactured Home Construction and Safety Standards Act, which is a national, preemptive building code. A manufactured home also:


Includes plumbing, heating, air conditioning, and electrical systems;
Is built on a permanent chassis; and
Can be transported in one or more sections with each section at least eight feet wide and forty feet long when transported; or when installed on the site is three hundred twenty square feet or greater (see RCW 46.04.302).
Note:
Total square feet is based on exterior dimensions measured after installation using the longest horizontal projections. Dimensions may not include bay windows but may include projections containing interior space such as cabinets and expandable rooms.
Exception: A structure that meets the requirements of a manufactured home as set out in 24 CFR 3282.7(u), except the size requirements is considered a manufactured home, if the manufacturer files with the secretary of HUD a certificate noted in CFR 3282.13.

     "Mobile home" is a factory-built dwelling built prior to June 15, 1976, to standards other than the HUD Code, and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the state. Mobile homes have not been built since the introduction of the HUD Manufactured Home Construction and Safety Standards Act. For the purposes of this chapter references to manufactured homes include mobile homes.

     "Park site" is the installation location of a manufactured home within a residential area for manufactured homes.

     "Repair" is to restore an item to sound condition, to fix.

     "Replacement" is the act or process of replacing, to substitute.

     "Structural alteration-custom design" is a design that can only be used once.

     "Structural alteration-master design" is a design plan that can be used more than once. The master plan expires when there is a code change applicable to the design.

     "System" is part of a manufactured home designed to serve a particular function such as structural, plumbing, mechanical, or electrical functions.

[Statutory Authority: RCW 43.22.340, 43.22.350, 43.22.432, 43.22.434, 43.22.440, and 2001 c 335. 02-03-048, § 296-150M-0020, filed 1/9/02, effective 1/9/02. Statutory Authority: RCW 43.22.340, 43.22.350, 43.22.355, 43.22.360, 43.22.400, 43.22.432, 43.22.433, 43.22.434, 43.22.450, 43.22.480, and 43.22.485. 00-17-148, § 296-150M-0020, filed 8/22/00, effective 9/30/00. Statutory Authority: RCW 43.22.340 and 43.22.480. 99-13-010, § 296-150M-0020, filed 6/4/99, effective 7/5/99. Statutory Authority: Chapter 43.22 RCW. 98-14-078, § 296-150M-0020, filed 6/30/98, effective 7/31/98. Statutory Authority: RCW 43.22.340, [43.22.]355, [43.22.]360, [43.22.]432, [43.22.]440 and [43.22.]480. 96-21-146, § 296-150M-0020, filed 10/23/96, effective 11/25/96.]


AMENDATORY SECTION(Amending WSR 02-03-048, filed 1/9/02, effective 1/9/02)

WAC 296-150M-0049   What must be done prior to the sale of ((a)) an installed manufactured or ((())mobile(())) home by a homeowner?   (1) Prior to the sale of any installed manufactured((/)) or mobile home, the homeowner must:

     (a) Deliver to the buyer a completed property transfer disclosure statement ((including)) in accordance with chapter 64.06 RCW, unless the seller is exempt or the buyer waives his or her rights pursuant to chapter 64.06 RCW. The disclosure statement must include all the criteria specified in RCW 64.06.020 and any variance(s) granted according to WAC 296-150M-0140((, and)). In addition, the homeowner must:

     (((a))) (i) Have all department insignia required by this chapter; or

     (((b))) (ii) Have all department insignia required by this chapter for alterations performed during ownership of the home and include in the property transfer disclosure statement all alterations that were known to have been performed by any previous owner or occupant of the home.

     (((2))) (b) Nothing in subsection (1) of this section shall have any effect on any written warranty(ies) required by RCW 46.70.135.

     (((3))) (c) Subsection (1)(((b))) (a)(ii) of this section does not ((apply to)) permit the sale of an unsafe manufactured((/)) or mobile home((s that)) when the use of which may constitute a hazard to life, safety, or health.

     (2) The homeowner may enter into a conditional sale of an altered manufactured or mobile home. A conditional sales agreement may be executed only if, prior to execution, the seller has complied with subsection (1) of this section. For purposes of this subsection "conditional sale" means an agreement between the seller and the purchaser which is contingent on the seller fulfilling the conditions established by the purchaser (i.e., the sale of the home is contingent on the seller ensuring that alterations performed to the manufactured or mobile home are in compliance with these rules).

     (3) The homeowner may request an inspection by the department. If after the inspection the department determines that an alteration may constitute a hazard to life, safety, or health, the department must notify the homeowner in writing within thirty days of completing the inspection. The department may also notify the local official responsible for enforcing the fire code adopted under chapter 19.27 RCW and/or the local health officer.

Note: In addition to the homeowner requesting an inspection by the department, any party including the buyer and/or party financing the sale may also request an inspection. The department will conduct the inspection and if after the inspection the department determines that an alteration may constitute a hazard to life, safety, or health, the department shall notify the interested parties identified by the requesting party in writing within thirty days of completing the inspection. The department may also notify the local official responsible for enforcing the fire code adopted under chapter 19.27 RCW and/or the local health officer.

[Statutory Authority: RCW 43.22.340, 43.22.350, 43.22.432, 43.22.434, 43.22.440, and 2001 c 335. 02-03-048, § 296-150M-0049, filed 1/9/02, effective 1/9/02.]


AMENDATORY SECTION(Amending WSR 96-21-146, filed 10/23/96, effective 11/25/96)

WAC 296-150M-0050   ((Can I sell or lease a manufactured home that has been)) When can a manufactured home be posted with a prohibited sale or lease notice?   (1) ((If we find your manufactured home violates this chapter or federal standards in 24 CFR 3280, we may attach a prohibited sale or lease notice to your unit.

     (2) You may not sell, lease, or offer for sale a manufactured home that is posted with a prohibited sale or lease notice.

     (3) A prohibited sale or lease notice shall remain posted until the code violation is corrected, we inspect and approve the correction, and you pay the required fees. (See WAC 296-150M-3000.))) A manufactured home may be posted with a prohibited sale notice when:

     (a) The home is being sold or offered for sale by a retailer, dealer, distributor or manufacturer and we find that the home is not an installed manufactured or mobile home per WAC 296-150M-0020 and the home has alterations without required insignia or approval; or

     (b) The home is being sold or offered for sale by a homeowner and it is not an installed manufactured or mobile home per WAC 296-150M-0020.

     (2) A manufactured home may be posted with a prohibited lease notice whenever the home is offered for lease by any party and we find that the home has alterations that constitute a hazard to life, safety, or health.

[Statutory Authority: RCW 43.22.340, [43.22.]355, [43.22.]360, [43.22.]432, [43.22.]440 and [43.22.]480. 96-21-146, § 296-150M-0050, filed 10/23/96, effective 11/25/96.]


NEW SECTION
WAC 296-150M-0051   Can I sell or lease a manufactured home that has been posted with a prohibited sale or lease notice?   (1) You may not sell, lease, or offer for sale a manufactured home that is posted with a prohibited sale or lease notice.

     (2) A prohibited sale or lease notice shall remain posted until the code violation(s) are corrected, we inspect and approve the correction, and you pay the required fees. (See WAC 296-150M-3000.)

[]


AMENDATORY SECTION(Amending WSR 02-03-048, filed 1/9/02, effective 1/9/02)

WAC 296-150M-0302   What are some examples of work to manufactured ((()) or mobile(())) homes that either require or do not require a permit and inspection?  

TYPE OF WORK

ALTERATION PERMIT AND INSPECTION REQUIRED?

Yes No

(1) Air Conditioner/Heat Pump
     (a) New installation X
     (b) Replacement X
     (c) Reconnection after moving home X
     (d) Repair X
     (e) Adjustment and/or maintenance X
(2) Bottom Board - Repair X
(3) Clothes Washer
     (a) New installation X
     (b) Replacement X
     (c) Repair with approved parts X
     (d) Adjustment and/or maintenance X
(4) Clothes Dryer (Electric)
     (a) New installation (Pre-wired electrical) X
     (b) Replacement X
     (c) Repair with approved parts X
     (d) Adjustment and/or maintenance X
     (e) Replacement with gas clothes dryer when modifications to electrical or gas systems are performed X
(5) Clothes Dryer (Gas)
     (a) New installation (Pre-plumbed gas) X
     (b) Replacement X
     (c) Repair with approved parts X
     (d) Adjustment and/or maintenance X
     (e) Replacement with electric clothes dryer when modifications to electrical or gas systems are performed X
(6) Dishwasher
     (a) New installation X
     (b) Replacement
          (i) Cord connected X
          (ii) Direct wired X
     (c) Repair X
     (d) Adjustment and/or maintenance X
(7) Doors (Interior and Exterior)
     (a) Additional*      X
     (b) Replacement of door that fits into the same opening X
(8) Electrical
     (a) Replacing main electrical panel X
     (b) Adding circuits X
     (c) Extending existing circuit(s) X
     (d) Replacing lighting fixtures X
     (e) Replacing circuit breakers/fuses X
     (f) Replacing switches, receptacles, light bulbs, fluorescent tubes and glass or plastic shades X
     (g) Repairing bath exhaust fans X
     (h) Repairing fans in kitchen range hoods X
(9) Exterior Finish
     (a) Painting X
     (b) Replacement of siding X
(10) Furnace (Electric)
     (a) New installation X
     (b) Replacement X
     (c) Repair X
     (d) Adjustment and/or maintenance X
     (e) Replacement with gas furnace X
(11) Furnace (Gas)
     (a) New installation X
     (b) Replacement X
     (c) Repair X
     (d) Change from LP Gas to Natural Gas or from Natural Gas to LP gas per its listing X
     (e) Adjustment and/or maintenance X
     (f) Replacement with electric furnace X
(12) Gas Lines
     (a) New installation X
     (b) Extend existing gas line X
     (c) Repair X
(13) Interior
     (a) Painting, wall papering and similar finish work X
     (b) Replacement or addition of curtains, drapes, blinds, window shades and other window coverings X
     (c) Replacement of carpeting and other floor-covering materials with similar materials X
(14) Microwave Oven (Over range)
     (a) New installation when electrical system modifications are performed X
     (b) Replacement X
     (c) Repair X
     (d) Adjustment and/or maintenance X
(15) Microwave Oven (Countertop) X
(16) Pellet Stove
     (a) New installation X
     (b) Replacement X
     (c) Repair X
     (d) Adjustment and/or maintenance X
(17) Plumbing
     (a) Adding plumbing fixtures*** X
     (b) Repairing damage*** X
     (c) Replacing fixtures*** X
     (d) Repairing fixtures*** X
     (e) Replacement/repair of shower doors and curtains X
(18) Range/Cook Top/Eye Level Oven (Electric)
     (a) Replacement
          (i) Cord connected X
          (ii) Direct wired X
     (b) Repair with approved parts X
     (c) Adjustment and/or maintenance X
     (d) Replacement with gas appliance(s) X
(19) Range/Cook Top/Eye Level Oven (Gas)
     (a) New installation X
     (b) Replacement X
     (c) Repair with approved parts X
     (d) Adjustment and/or maintenance X
     (e) Replacement with electric appliance(s) X
(20) Roofing
     (a) Reroofing X
     (b) Applying liquid or mastic roof sealant to a metal roof X
     (c) Repair of damaged composition shingles X
(21) Structural changes
     (a) Adding a dormer* X
     (b) Truss repairs* X
     (c) Add opening in wall** X
     (d) Add gypsum board to walls or ceilings X
     (e) Repair or replacing floor decking/joists X
(22) Water Heater (Electric)
     (a) Replacement w/electric water heater X
     (b) Repair X
     (c) Adjustment and/or maintenance X
     (d) Replacement with gas water heater X
(23) Water Heater (Gas)
     (a) Replacement w/gas water heater X
     (b) Repair X
     (c) Change from LP gas to Natural Gas or from Natural Gas to LP gas per its listing X
     (d) Adjustment and/or maintenance X
     (e) Replacement with electric water heater X
(24) Windows
     (a) Replacement (Except bedroom egress) is same opening with no structural changes X
     (b) Replacement of bedroom egress X
     (c) Replacement when structural changes are required X
     (d) Replacement of glass X
(25) Wood Stove/Fireplace
     (a) New installation X
     (b) Replacement X
     (c) Repair X
     (d) Adjustment and/or maintenance X

     * May also require a plan review. Please contact your local L&I representative.

     ** May also require a plan review. The department has detailed drawings you may use for openings in sidewalls. Please contact your local L&I representative.

     *** Fixtures include: faucets, sinks, lavatories, laundry tubs, water closets (toilets), tubs, showers and tub/shower combos.

     NOTE: Exemption from the permit and inspection requirements shall not be deemed to grant authorization for any work to be done in violation of the applicable code, Chapter 296-150M WAC.

[Statutory Authority: RCW 43.22.340, 43.22.350, 43.22.432, 43.22.434, 43.22.440, and 2001 c 335. 02-03-048, § 296-150M-0302, filed 1/9/02, effective 1/9/02.]


AMENDATORY SECTION(Amending WSR 96-21-146, filed 10/23/96, effective 11/25/96)

WAC 296-150M-0320   What must I provide to request approval of an alteration?   (1) For approval of an alteration, you must complete and return our alteration permit application form. The application must contain:

     (a) A description of the proposed alteration(s);

     (b) Applicable specifications, engineering data, test procedures and results; and

     (c) Payment of the alteration permit fee, alteration insignia fee, and any inspection fees. (See WAC 296-150M-3000.)

Note: The department may waive alteration permit fees for indigent permit applicants. (See WAC 296-150M-0322.)
     (2) For approval of a structural alteration, we must approve the design plan. This is in addition to the requirements stated in subsection (1) of this section. (See WAC 296-150M-0370.)

[Statutory Authority: RCW 43.22.340, [43.22.]355, [43.22.]360, [43.22.]432, [43.22.]440 and [43.22.]480. 96-21-146, § 296-150M-0320, filed 10/23/96, effective 11/25/96.]


NEW SECTION
WAC 296-150M-0322   Data requirements for the identification of indigent persons.   (1) Any one of the following documents shall be considered sufficient evidence upon which to base the final determination of indigent status, when the income information is annualized as may be appropriate:

     (a) A "W-2" withholding statement from all employers for the previous year;

     (b) Pay stubs from all employers for the previous year;

     (c) An income tax return from the most recently filed calendar year;

     (d) Forms approving or denying eligibility for Medicaid and/or state-funded medical assistance;

     (e) Forms approving or denying unemployment compensation; or

     (f) Written statements from all employers for the previous year or welfare agencies.

     (2) In the event that the responsible party is not able to provide any of the documentation described above, the department shall rely upon written and signed declarations under penalty of perjury from the responsible party for making a final determination of eligibility for classification as an indigent person.

     (3) Information requests, from the department to the responsible party, for the verification of income and family size shall be limited to that which is reasonably necessary to substantiate the responsible party's qualification for indigent status, and may not be used to discourage applications for such status. Only those facts relevant to eligibility may be verified.

[]


AMENDATORY SECTION(Amending WSR 96-21-146, filed 10/23/96, effective 11/25/96)

WAC 296-150M-0360   When is design plan approval required for an alteration?   (1) Design plan approval is required when you make a structural alteration to your manufactured home.

     (2) A structural alteration is a change to the body or frame of a manufactured home. For example:

     (a) An alteration is made if you change the size of a room or the pitch of a roof on your manufactured home.

     (b) Any addition such as a carport that adds structural load to the manufactured home and is not fully self-supporting is an alteration.

     (c) Alterations or installations of other types of work (plumbing, electrical, etc.) that are incidental to the structural alteration.

[Statutory Authority: RCW 43.22.340, [43.22.]355, [43.22.]360, [43.22.]432, [43.22.]440 and [43.22.]480. 96-21-146, § 296-150M-0360, filed 10/23/96, effective 11/25/96.]

AUDIT
NEW SECTION
WAC 296-150M-0705   Definitions applicable to this part.   "Audit" means an assessment, evaluation, examination or investigation of a contractor's accounts, books and records for the purpose of verifying the contractor's compliance with RCW 43.22.360 through 43.23.390 requiring permits for alterations to manufactured and mobile homes.

     "Records" include, but are not limited to, all bids, invoices, billing receipts which show that the work was performed on a manufactured/mobile home, permits purchased from labor and industries for alterations to manufactured/mobile homes, purchases of materials and payroll records.

[]


NEW SECTION
WAC 296-150M-0715   May the department audit the records of a contractor?   Yes, based on RCW 43.22.434 the department may audit the records of contractors as defined in chapter 18.27, 18.106, or 19.28 RCW when the department has reason to believe that a violation of the permitting requirements has occurred.

[]


NEW SECTION
WAC 296-150M-0725   What procedures will the department follow when auditing the records of construction, plumbing and electrical contractors?   The department will follow the following procedures when auditing:

     (1) The time period covered by the audit may be less than one year but will not exceed three years from the date of notification of an audit.

     (2) Every construction, plumbing and electrical contractor must keep records of jobs performed for at least the time frames specified in subsection (1) of this section. Upon the request of the director's authorized representative, these records must be made available to the department for inspection within seven business days.

     (3) The department's audits may include, but may not be limited to, the following:

     (a) An audit to determine if the contractor performed work on a manufactured or mobile home without procuring the proper permit;

     (b) An audit to determine if the contractor failed to correct within twenty days any violations noted on an alteration permit; and

     (c) An audit covering a specific time period and examining a contractor's records, which may include billing information, location of where the work was performed, type of work performed, for whom the work was performed, etc.

     (4) Any information obtained as a result of an audit under provisions of RCW 43.22.434 is confidential and is not open to public inspection under chapter 42.17 RCW.

[]

PENALTIES
NEW SECTION
WAC 296-150M-0800   Definitions applicable to this part.   "Administrative law judge" is any person appointed by the chief administrative law judge (as defined in RCW 34.12.020(2)) to preside at a notice of infraction appeal hearing convened under chapter 43.22 RCW.

     "Appeal hearing" is any proceeding in which an administrative law judge is empowered to determine legal rights, duties or privileges of specific parties on behalf of the director.

     "Appellant" means any person, contractor, firm, partnership, corporation, or other entity that has filed an appeal.

     "Compliance inspector" refers to the departmental staff responsible for investigating potential violations of chapter 43.22 RCW.

     "Contractor" is as defined in chapters 18.27, 18.106, and 19.28 RCW.

     "Department" refers to the department of labor and industries.

     "Infraction" means a violation of chapter 43.22 RCW as cited by the department's compliance inspectors.

[]


NEW SECTION
WAC 296-150M-0805   How does the department ensure that a contractor, firm, partnership, or corporation complies with the requirements of chapter 43.22 RCW?   The department of labor and industries ensures that contractors, firms, partnerships, and corporations comply with the requirements of chapter 43.22 RCW and this chapter which require a permit and inspection by the department of alterations to manufactured and mobile homes by:

     (1) Inspecting manufactured and mobile home job sites by the department's compliance inspectors; or

     (2) Auditing the records of contractors per WAC 296-150M-0720.

[]


NEW SECTION
WAC 296-150M-0810   What violations of chapter 43.22 RCW can result in the issuance of a notice of infraction?   (1) Under chapter 43.22 RCW, the department can issue a notice of infraction to a contractor for:

     (a) Failure to obtain a permit before altering a manufactured or mobile home as required by chapter 296-150M WAC;

     (b) Failure to correct violations noted as a result of an inspection requested as a result of having purchased a permit.

     (2) Each worksite at which a violation occurs constitutes a separate infraction.

     (3) Each day on which a violation occurs constitutes a separate infraction.

     (4) See WAC 296-150M-0860 for the specific monetary penalties associated with each of the violations discussed in this section.

[]


NEW SECTION
WAC 296-150M-0815   What information must be included in a notice of infraction?   When a contractor violates chapter 43.22 RCW, the department may issue a notice of infraction which must contain the following:

     (1) A description of the violation;

     (2) A statement of what is required to correct the violation;

     (3) The date by which the department requires corrections to be achieved; and

     (4) Notice of the individual or department office that must be contacted to obtain a permit or other compliance information.

[]


NEW SECTION
WAC 296-150M-0820   Who can be issued a notice of infraction?   A contractor, firm, partnership, or corporation may be issued a notice of infraction for violations of chapter 43.22 RCW and this chapter.

     The department must by certified mail send the written notice of civil penalties imposed under chapter 43.22 RCW and this chapter to the last known address of the party named in the notice.

[]


NEW SECTION
WAC 296-150M-0830   How does a contractor, firm, partnership, or corporation appeal a notice of infraction?   The contractor, firm, partnership, or corporation must:

     (1) File two copies of an appeal notice, specifying the reasons for the appeal, at the office designated on the notice of infraction; and

     (2) File the appeal notice within twenty days of the mailing of the infraction.

[]


NEW SECTION
WAC 296-150M-0835   Who presides over an appeal hearing and where is it held?   An administrative law judge from the office of administrative hearings will preside over the hearing and give a decision. The hearing shall be conducted in the county where the infraction occurred. However, both the appellant and the department have a right to ask the administrative law judge to change the hearing's location.

[]


NEW SECTION
WAC 296-150M-0840   Who will represent the appellant and the department at the appeal hearing?   Appellants may either represent themselves or be represented by an attorney. The department shall be represented by the office of attorney general.

[]


NEW SECTION
WAC 296-150M-0845   How is the appeal hearing conducted?   The hearing process shall be conducted according to chapter 34.05 RCW, Administrative Procedure Act and chapter 10-08 WAC. All appeals of the hearing decision shall be to the superior court according to chapter 34.05 RCW.

[]


NEW SECTION
WAC 296-150M-0855   What does the department do with the appeal notices that they receive?   (1) Appeal notices that are received timely are first reviewed by the department for purposes of reconsideration.

     (2) Appeal notices that are not received timely will be returned to the appellant with appeal rights stated.

     (3) Appeal notices that are received timely and are not reconsidered according to subsection (1) of this section are recorded and forwarded to the office of the attorney general then to the office of administrative hearings.

[]


NEW SECTION
WAC 296-150M-0860   What monetary penalties will be assessed for an infraction issued for violations of chapter 43.22 RCW and this chapter?   Monetary penalties that may be assessed for a violation of chapter 43.22 RCW and this chapter are:

Monetary Penalties Dollar Amount
First Violation $ 200.00*
Second Violation $ 400.00
Third Violation $ 800.00
Each Additional Violation $ 1,000.00
* Minimum penalty per violation. Once a violation of chapter 43.22 RCW and this chapter becomes a final judgment, any additional violation is subject to an increased penalty as set forth in the above table.

[]


NEW SECTION
WAC 296-150M-0865   When must a contractor, firm, partnership, or corporation pay assessed monetary penalties?   (1) If a contractor, firm, partnership, or corporation named in a notice of infraction does not choose to appeal the notice, then the contractor, firm, partnership, or corporation must pay the department the amount of the penalty prescribed for the infraction.

     (2) After an administrative law judge decides that an infraction has been committed, a contractor who does not appeal the decision to a superior court, has thirty days to pay any outstanding monetary penalties.

[]


AMENDATORY SECTION(Amending WSR 01-12-035, filed 5/29/01, effective 6/29/01)

WAC 296-150M-3000   Manufactured home fees.  


((WAC 296-150M-3000 MANUFACTURED HOME FEES))
INITIAL FILING FEE (($ 28.80)) $ 29.60
DESIGN PLAN FEES:
STRUCTURAL ALTERATION-MASTER DESIGN (CODE CYCLE) (($ 115.90)) $ 119.10
STRUCTURAL ALTERATION - ONE YEAR DESIGN (($ 81.00)) $ 80.00
RENEWAL FEE (($ 34.70)) $ 35.60
RESUBMITTAL FEE (($ 57.80)) $ 59.40
ADDENDUM (Approval expires on the same date as original plan.) (($ 57.80)) $ 59.40
ELECTRONIC PLAN SUBMITTAL FEE (($4.50)) $4.60 per page for the first set of plans and $0.30 per page for each additional set of plans. These fees are in addition to any applicable design plan fees required under this section.
DEPARTMENT INSPECTION FEES:
INSPECTION (((Per hour*))) (($ 57.80))
MECHANICAL
Heat Pump $ 30.00
Combination Heat Pump (new) and Furnace (replacement) $ 40.00
Air Conditioning $ 30.00
Combination Air Conditioning (new) and Furnace (replacement) $ 40.00
Furnace Installation (gas*** or electric) $ 30.00
Gas*** Piping $ 30.00
Wood Stove $ 30.00
Pellet Stove $ 30.00
Gas*** Room Heater $ 30.00
Gas*** Decorative Appliance $ 30.00
Range: Changing from electric to gas*** $ 30.00
Gas*** Water Heater Replacement $ 20.00
Water Heater: Changing from electric to gas*** $ 20.00
Any combination of Furnace, Range, and Water Heater changing from electric to gas*** and includes Gas Piping charge $ 60.00
ELECTRICAL
Heat Pump $ 40.00
Heat Pump (when home is prewired for a heat pump) $ 10.00
Combination Heat Pump (new) and Furnace (replacement) $ 50.00
Air Conditioner $ 40.00
Air Conditioner (when home is prewired for an air conditioner) $ 10.00
Combination Air Conditioner (new) and Furnace (replacement) $ 50.00
Furnace Installation (gas or electric) $ 40.00
Wood Stove (if applicable) $ 40.00
Pellet Stove (if applicable) $ 40.00
Gas*** Room Heater (if applicable) $ 40.00
Gas*** Decorative Appliance (if applicable) $ 40.00
Range: Changing from gas*** to electric $ 40.00
Electric Water Heater Replacement $ 40.00
Electric Water Heater replacing Gas*** Water Heater $ 40.00
Each added or modified 120 volt circuit (maximum charge is two circuits) $ 40.00
Each added 240 volt circuit (for other than Heat Pumps, Air Conditioners, Furnaces, Water Heaters, Ranges, Hot Tubs or Spas) $ 40.00
Hot Tub or Spa (power from home electrical panel) $ 40.00
Replace main electrical panel $ 40.00
Low voltage fire/intrusion alarm $ 40.00
Fire Safety $ 40.00
Any combination of Furnace, Range and Water Heater changing from electric to gas*** $ 40.00
PLUMBING
Fire sprinkler system (also requires a plan review) $ 20.00
Each added fixture $ 20.00
Replacement of water piping system (this includes two inspections) $ 90.00
STRUCTURAL
Inspection as part of a mechanical/fire safety installation (cut truss/floor joist, sheet rocking) $ 40.00
Reroofs (may require a plan review) $ 70.00
Changes to home when additions bear loads on home per the design of a professional (also requires a plan review) $ 70.00
Other structural changes (may require a plan review) $ 70.00
Fire Safety (may also require an electrical fire safety inspection) $ 40.00
MISCELLANEOUS
Other structural changes (may require a plan review) $ 70.00
Plan Review $ 80.00
OTHER REQUIRED INSPECTIONS (Per hour*) (($ 57.80)) $ 55.00
ALL REINSPECTIONS (Per hour*) (($ 57.80)) $ 55.00
INSIGNIA FEES:
ALTERATION (($ 28.80)) $ 10.00
REISSUED - LOST/DAMAGED (($ 16.90)) $ 10.00
IPIA
DEPARTMENT AUDIT FEES
REGULARLY SCHEDULED IPIA AUDIT:
First inspection on each section (one time only) (($ 26.40)) $ 27.10
Second and succeeding inspections of ((unlabelled)) unlabeled sections (Per hour*) (($ 57.80)) $ 59.40
OTHER IPIA FEES:
Red tag removal during a regularly scheduled IPIA audit (Per hour* separate from other fees) (($ 57.80)) $ 59.40
Red tag removal at a time other than a regularly scheduled IPIA audit (Per hour* plus travel time* and mileage**) (($ 57.80)) $ 59.40
Increased frequency surveillance (Per hour* plus travel time* and mileage**) (($ 57.80)) $ 59.40
Attendance at manufacturers training classes (Per hour* only) (($ 57.80)) $ 59.40
Subpart "I" investigations (Per hour* plus travel time* and mileage** (($ 57.80)) $ 59.40
Alterations to a ((labelled)) labeled unit (Per hour* plus travel time* and mileage**) (($ 57.80)) $ 59.40
IPIA Issues/Responses (Per hour* Plus travel time* and mileage**) (($ 57.80)) $ 59.40
Monthly surveillance during a regularly scheduled IPIA audit (Per hour* plus travel time* and mileage**) (($ 57.80)) $ 59.40
Monthly surveillance at a time other than a regularly scheduled IPIA audit (Per hour* plus travel time* and mileage**) (($ 57.80)) $ 59.40
Plant certifications, recertifications and addenda updates (Per hour* plus travel time* and mileage** per each inspector) (($ 57.80)) $ 59.40
Response to HBT Audit during a regularly scheduled IPIA audit (Per hour*) (($ 57.80)) $ 59.40
Response to HBT Audit at a time other than a regularly scheduled IPIA audit (Per hour* plus travel time*and mileage**) (($ 57.80)) $ 59.40
Alternative construction (AC) letter inspections at placement site (Per hour* plus travel time*and mileage**) (($ 57.80)) $ 59.40
Replacement of HUD labels (Per hour* plus travel time* and mileage**) (($ 57.80)) $ 59.40
State Administrative Agency (SAA) inspection fee (Per hour* plus travel time* and mileage**) $ 59.40
OTHER FEES:
FIELD TECHNICAL SERVICE (Per hour plus travel time* and mileage**) (($ 57.80)) $ 55.00
PUBLICATION PRINTING AND DISTRIBUTION OF RCWs AND WACs (One free copy per year upon request) (($ 11.00)) $ 11.30
VARIANCE INSPECTION FEE $ 80.00
HOMEOWNER REQUESTED INSPECTION $ 80.00
DECERTIFICATION OF A MOBILE/MANUFACTURED HOME $ 80.00
DEMOLITION OF A MOBILE/MANUFACTURED HOME $ 80.00
NOTE: Local jurisdictions may have other fees that apply.
* Minimum charge of 1 hour; time spent greater than 1 hour is charged in 1/2 hour increments.
** Per state guidelines.
*** ((Actual charges incurred.)) Gas means all gases; natural, propane, etc.

[Statutory Authority: RCW 43.22.350, 43.22.434, 43.22.480, 43.22.500, 18.27.070, 18.27.075, 70.87.030, 19.28.041, 19.28.051, 19.28.101, 19.28.121, 19.28.161, 19.28.201, 19.28.211, 19.28.341, 2001 c 159, and chapters 43.22, 19.28, 18.27, and 70.87 RCW. 01-12-035, § 296-150M-3000, filed 5/29/01, effective 6/29/01. Statutory Authority: RCW 43.22.340, 43.22.350, 43.22.355, 43.22.360, 43.22.400, 43.22.432, 43.22.433, 43.22.434, 43.22.450, 43.22.480, and 43.22.485. 00-17-148, § 296-150M-3000, filed 8/22/00, effective 9/30/00. Statutory Authority: Chapters 43.22, 18.27, 70.87 and 19.28 RCW. 99-12-080, § 296-150M-3000, filed 5/28/99, effective 6/28/99. Statutory Authority: Chapters 18.106, 18.27 and 43.22 RCW. 98-12-041, § 296-150M-3000, filed 5/29/98, effective 6/30/98. Statutory Authority: RCW 70.87.030, 18.27.070, [18.27.]075, 43.22.350, [43.22.]355, [43.22.]434 and [43.22.]480(2). 97-11-053, § 296-150M-3000, filed 5/20/97, effective 6/30/97. Statutory Authority: RCW 43.22.340, [43.22.]355, [43.22.]360, [43.22.]432, [43.22.]440 and [43.22.]480. 96-21-146, § 296-150M-3000, filed 10/23/96, effective 11/25/96.]

OTS-6198.1


AMENDATORY SECTION(Amending WSR 99-13-010, filed 6/4/99, effective 7/5/99)

WAC 296-150P-0020   What definitions apply to this chapter?   "Alteration" is the replacement, addition, modification, or removal of any equipment or material that affects the fire and life safety provisions, structural system, plumbing systems, fuel systems and equipment or electrical systems of a recreational park trailer.

     The following changes are not considered alterations for purposes of this chapter:

     • Repairs with approved parts;

     • Modification of a fuel-burning appliance according to the terms of its listing; and

     • Adjustment and maintenance of equipment.

     "Alteration insignia" is an insignia which indicates a recreational park trailer alteration was approved by the department.

     "ANSI" is the American National Standards Institute, Inc., and the institute's rules applicable to recreational park trailers. For the purposes of this chapter, references to ANSI mean ANSI A119.5 Recreational Park Trailers, 1998 edition.

     "Approved" is approved by the department of labor and industries.

     "Audit" by the department is the department inspection of a manufacturer's quality control procedures, comprehensive plans, and recreational park trailers.

     "Comprehensive design plan" consists of the design plans and copies of drawings such as:

     • Floor plans relating to fire and life safety, structural, electrical, plumbing, liquefied petroleum (LP) and/or natural gas systems and appliances and air conditioning systems, if applicable to the plan of each recreational park trailer.

     • Plumbing line drawings which describe the size, length and location of gas piping lines, liquid and body waste lines, liquid and body waste tanks, and potable water tanks.

     • Electrical drawings. (See WAC 296-150P-0330.)

     "Consumer" is a person or organization who buys or leases recreational park trailers.

     "Dealer" is a person or organization whose business is offering recreational park trailers for sale or lease.

     "Department" is the department of labor and industries. The department may be referred to as "we" or "us" in this chapter. Note: You may contact us at: Department of Labor and Industries, Specialty Compliance, PO Box 44430, Olympia, WA 98504-4430.

     "Equipment" is all material, appliances, fixtures, and accessories used in the manufacture or alteration of recreational park trailers.

     "Manual" is a reference containing instructions, procedures, responsibilities and other information used to implement and maintain the quality control program of a recreational park trailer manufacturer.

     "National Electrical Code" see Appendix 'C' of ANSI ((A119.2)) A119.5 for reference to the appropriate edition to use for compliance.

     "Recreational park trailer" is a trailer-type unit that is primarily designed to provide temporary living quarters for recreational, camping or seasonal use, that meets the following criteria:

     • Built on a single chassis, mounted on wheels;

     • Having a gross trailer area not exceeding 400 square feet (37.15 square meters) in the set-up mode; and

     • Certified by the manufacturer as complying with ANSI A119.5.

     "Quality control" is the plan and method for ensuring that the manufacture, fabrication, assembly, installation, storing, handling, and use of materials complies with this chapter and ANSI.

     "State-plan insignia" is an insignia which is obtained under the state design-plan approval process.

     "System" is a part of a recreational park trailer that is designed to serve a particular function such as plumbing, electrical, heating, mechanical or structural system.

[Statutory Authority: RCW 43.22.340 and 43.22.480. 99-13-010, § 296-150P-0020, filed 6/4/99, effective 7/5/99. Statutory Authority: RCW 43.22.340 and 43.22.420. 97-16-043, § 296-150P-0020, filed 7/31/97, effective 12/1/97.]

OTS-6199.1


AMENDATORY SECTION(Amending WSR 99-13-010, filed 6/4/99, effective 7/5/99)

WAC 296-150R-0020   What definitions apply to this chapter?   "Alteration" is the replacement, addition, modification, or removal of any equipment or material that affects the fire and life safety provisions, plumbing systems, fuel systems and equipment or electrical systems of a recreational vehicle.

     The following changes are not considered alterations for purposes of this chapter:

     • Repairs with approved parts;

     • Modification of a fuel burning appliance according to the terms of its listing; and

     • Adjustment and maintenance of equipment.

     "Alteration insignia" is an insignia which indicates a vehicle alteration was approved by the department.

     "ANSI" is the American National Standards Institute, Inc., and the institute's rules applicable to recreational vehicles. For the purposes of this chapter, references to ANSI mean ANSI A119.2 Recreational Vehicles, ((1996)) 2002 edition. ((Effective September 1, 1999, the 1999 edition shall become effective.))

     "Approved" is approved by the department of labor and industries.

     "Audit" by the department can be either a comprehensive audit or a performance audit. A comprehensive audit is the department inspection of a manufacturer's quality control procedures, comprehensive plans, and vehicles. A performance audit is the department's review of the manufacturer's audit performed by the industry association or other independent auditor.

     "Comprehensive design plan" consists of the design plans and copies of drawings such as:

     • Floor plans relating to fire and life safety, electrical, plumbing, liquefied petroleum (LP) and/or natural gas systems and appliances and air conditioning systems, if applicable to the plan of each vehicle.

     • Plumbing line drawings which describe the size, length and location of gas piping lines, liquid and body waste lines, liquid and body waste tanks, and potable water tanks.

     • Electrical drawings. (See WAC 296-150R-0330 and 296-150R-0820.)

     "Consumer" is a person or organization who buys or leases recreational vehicles.

     "Dealer" is a person or organization whose business is offering recreational vehicles for sale or lease.

     "Department" is the department of labor and industries. The department may be referred to as "we" or "us" in this chapter. Note: You may contact us at: Department of Labor and Industries, Specialty Compliance, PO Box 44430, Olympia, WA 98504-4430.

     "Equipment" is all material, appliances, fixtures, and accessories used in the manufacture or alteration of recreational vehicles or park trailers.

     "Manual" is a reference containing instructions, procedures, responsibilities and other information used to implement and maintain the quality control program of a recreational vehicle manufacturer.

     "National Electrical Code" see Chapter ((5)) 2 of ANSI A119.2 for reference to the appropriate edition to use for compliance.

     "Quality control" is the plan and method for ensuring that the manufacture, fabrication, assembly, installation, storing, handling, and use of materials complies with this chapter and ANSI.

     "Recreational vehicle" is a vehicular type unit primarily designed as temporary living quarters for recreational camping, travel, or seasonal use that either has its own motive power or is mounted on, or towed by, another vehicle. Recreational vehicles include: Camping trailers, fifth-wheel trailers, motor homes, travel trailers, and truck campers.

     "Self-certification insignia" is an insignia which is obtained under the self-certification approval process.

     "State-plan insignia" is an insignia which is obtained under the state design-plan approval process.

     "System" is a part of a recreational vehicle that is designed to serve a particular function such as plumbing, electrical, heating, or mechanical system.

     "Vehicle" for the purposes of this chapter, is a recreational vehicle.

[Statutory Authority: RCW 43.22.340 and 43.22.480. 99-13-010, § 296-150R-0020, filed 6/4/99, effective 7/5/99. Statutory Authority: RCW 43.22.340 and 43.22.420. 97-16-043, § 296-150R-0020, filed 7/31/97, effective 12/1/97. Statutory Authority: RCW 43.22.340, [43.22.]355, [43.22.]360, [43.22.]432, [43.22.]440 and [43.22.]480. 96-21-146, § 296-150R-0020, filed 10/23/96, effective 11/25/96.]

OTS-6200.2


AMENDATORY SECTION(Amending WSR 99-18-069, filed 8/31/99, effective 10/1/99)

WAC 296-150V-0020   What definitions apply to this chapter?   "Alteration" is the replacement, addition, modification, or removal of any equipment or installation that affects the construction for concentrated floor loads, fire and life safety, or the plumbing, mechanical, and electrical systems of a conversion vendor unit or medical unit.

     The following are not considered alterations:

     • Repairs with approved parts;

     • Modifications of a fuel-burning appliance according to the listing agency's specifications; or

     • Adjustment and maintenance of equipment.

     "Approved" is approved by the department of labor and industries.

     "Consumer" is a person or organization, excluding a manufacturer or dealer of conversion vendor units or medical units, who buys or leases a conversion vendor unit or medical unit.

     "Conversion vendor unit" means a motor vehicle or other structure that has been converted or built for the purpose of being used for commercial sales at temporary locations. The units must be 8 feet 6 inches or less in width (exterior floor measurement) in the set-up position, and the inside working area must be less than 40 feet in length (interior floor measurement). Conversion vendor units:

     • Are transported in only one section;

     • Are designed for highway use;

     • Are temporarily occupied for distribution of items, e.g., food;

     • Are built on a permanent chassis; and

     • Include at least one of the following systems: Plumbing, mechanical or 120 and/or 240 volt electrical.

     "Damaged in transit" means damage that affects the integrity of a concentrated floor load design or any of the systems.

     "Dealer" is a person, company, or corporation whose business is leasing, selling, offering for lease or sale, buying, or trading conversion vendor units, or medical units.

     "Department" is the department of labor and industries. The department may be referred to as "we" or "us" in this chapter. Note: You may contact us at: Department of Labor and Industries, Specialty Compliance, P.O. Box 44440, Olympia, WA 98504-4440.

     "Design plan" is a plan for the construction or alteration of a conversion vendor unit or medical unit or conversion of a vehicle to a conversion vendor unit or medical unit including floor plans, specifications, or test results necessary for a complete evaluation of the design, if applicable.

     "Design option" is a design that a manufacturer may use as an option to its conversion vendor unit or medical unit design plan.

     "Equipment" is all material, appliances, devices, fixtures, fittings, or accessories used in the manufacture, assembly, conversion to, or alteration of a conversion vendor unit or medical unit.

     "Factory assembled structure (FAS) advisory board" is a board authorized to advise the director of the department regarding the issues and adoption of rules relating to conversion vendor units and medical units.

     "Insignia" is a label that we attach to a conversion vendor unit or medical unit to verify that the structure meets the requirements of this chapter and the applicable codes.

     "Install" is to erect, construct, assemble, or set a conversion vendor unit or medical unit in place.

     "Labeled" is to bear the department's insignia.

     "Listed" is a piece of equipment or apparatus that has been approved by a testing agency to the appropriate standard.

     "Local enforcement agency" is an agency of city or county government with power to enforce local regulations governing the installation of a conversion vendor unit or medical unit.

     "Medical unit" is a type of self-propelled unit used to provide medical examinations, treatments, and medical and dental services or procedures, not including emergency response vehicles, and which:

     • Is transportable;

     • Is temporarily placed and used;

     • Is built on a permanent chassis;

     • Includes at least one system;

     • Is for temporary use only.

     "One-year design plan" is a design plan that expires one year after approval or when a new state building code has been adopted.

     "System" is part of a conversion vendor unit or medical unit designed to serve a particular function. Examples include plumbing, electrical, or mechanical systems.

     (("Temporary locations" means a maximum of thirty days on a site.))

[Statutory Authority: Chapter 43.22 RCW. 99-18-069, § 296-150V-0020, filed 8/31/99, effective 10/1/99.]


AMENDATORY SECTION(Amending WSR 02-12-022, filed 5/28/02, effective 6/28/02)

WAC 296-150V-0800   What ((manufacturing)) codes apply to conversion vendor units or medical units?   (1) A conversion vendor unit or medical unit must comply with the following codes where applicable:

     (a) The Uniform Mechanical Code, with the amendments made by the Washington State Building Code Council, chapter 51-42 WAC((;)).

     (b)(i) For conversion vending units Article 551, Parts I through VI of National Electrical Code/National Fire Protection Agency (NFPA) 70, 2002 edition or Article 552, Parts I through V Article of National Electrical Code/National Fire Protection Agency (NFPA) 70, 2002 edition.

     (ii) For medical units the National Electrical Code as referenced in chapter 19.28 RCW and chapter 296-46A WAC, installing electric wires and equipment((;)).

     (c) Chapter 7 of American National Standards Institute (ANSI) A119.2, 2002 edition or the Uniform Plumbing Code as adopted and amended according to chapter 19.27 RCW((;)).

     (d) The Washington State Building Code Council, chapter 51-40 WAC, Uniform Building Code, Chapter 11, Accessibility as applies to the exterior of the unit relating to customer service facilities in section 1105.4.7((; and)).

     (e) The Washington State Energy Code, as adopted according to chapter 19.27A RCW, and the Washington State Ventilation and Indoor Air Quality Code, chapter 51-13 WAC, when heating and/or air conditioning is installed.

     (2) Provide minimum health and safety to the occupants of conversion vendor units and medical units and the public, and demonstrate journeyman quality of work of the various trades.

     (3) Requirements for any size, weight, or quality of material modified by the terms "minimum," "not less than," "at least," and similar expressions are minimum standards. The conversion vendor unit or medical unit may exceed these rules provided the deviation does not result in inferior installation or defeat the purpose and intent of this chapter.

Exception: Sign circuits required by Article 600 of the National Electrical Code will not be required.

[Statutory Authority: RCW 43.22.350, 43.22.434, 43.22.480, 43.22.500, 18.27.040, 18.27.070, 18.27.075, 70.87.030, 19.28.041, 19.28.051, 19.28.101, 19.28.121, 19.28.161, 19.28.201, 19.28.211, 19.28.341, 2001 c 7, 2002 c 249, and chapters 19.28, 43.22, 18.27, and 70.87 RCW. 02-12-022, § 296-150V-0800, filed 5/28/02, effective 6/28/02. Statutory Authority: Chapter 43.22 RCW. 99-18-069, § 296-150V-0800, filed 8/31/99, effective 10/1/99.]


AMENDATORY SECTION(Amending WSR 99-18-069, filed 8/31/99, effective 10/1/99)

WAC 296-150V-1090   What are the standards for equipment and installations?   (((1))) The manufacturer's equipment and installation specifications must be followed. Other approved standards are acceptable when:

     (((a))) Installed according to the manufacturer's installation instructions; and

     (((b))) Approved by a listing or testing agency.

     (((2) No solid fuel (e.g., charcoal) appliances may be installed in a conversion vendor unit or medical unit.))


Note: Gas furnaces, gas water heaters, and gas refrigerators must be sealed combustion or completely separated from the interior of the conversion vendor unit or medical unit.

[Statutory Authority: Chapter 43.22 RCW. 99-18-069, § 296-150V-1090, filed 8/31/99, effective 10/1/99.]


AMENDATORY SECTION(Amending WSR 99-18-069, filed 8/31/99, effective 10/1/99)

WAC 296-150V-1530   What general plumbing requirements apply?   This chapter also applies to the installation of plumbing equipment in any conversion vendor unit or medical unit bearing or required to bear a department insignia. Plumbing fixtures, equipment, and installations in conversion vendor units and medical units must conform to the provisions of Chapter 7 of ANSI 119.2, 2002 edition or the Uniform Plumbing Code and the amendments adopted by the State Building Code Council, except part 1, unless specifically exempted or required by this section. ((However,)) The following ((exceptions)) also apply:

     (1) We will allow a 1-1/4 inch drain for handwashing sinks with an antisiphon vent.

     (2) An antisiphon vent will be allowed on one and two compartment sinks in units as long as there is one vent to the exterior so the system will function. Sinks with three or more compartments must be installed as required by the Uniform Plumbing Code.

     (((3) Vent pipes may terminate through the roof or through the sidewall at a point as high as possible and not less than six feet from ground level.))

[Statutory Authority: Chapter 43.22 RCW. 99-18-069, § 296-150V-1530, filed 8/31/99, effective 10/1/99.]


NEW SECTION
WAC 296-150V-1600   What are the requirements associated with medical and conversion vending units that have been manufactured and used outside the state according to RCW 43.22.380?   (1) If the unit does not have any alterations made to body and frame design, construction, plumbing, heating or electrical installations since it was constructed, it will need an insignia issued by the department. In order to receive the insignia, the unit must have been:

     (a) Manufactured outside the state of Washington. Proof of this must be demonstrated by a certificate of origin, bill of sale, proof of purchase of materials, manufacture identification tag or serial number, or any other means acceptable to the department that shows that the unit was manufactured outside the state.

     (b) Used outside the state for at least six months or more. Proof of this must be demonstrated by showing the purchase of a license plate, a permit(s) issued by another state agency for use in another state, insurance certificate, bill of sale, or any other means acceptable to the department that shows that the unit was used outside the state for at least six months.

     (2) If the unit has had alterations made to the body and frame design, construction, plumbing, heating or electrical installations since it was constructed, it will need an insignia issued by the department. In order to receive the insignia, the alterations to the unit must be inspected and approved by the department and the unit must have been:

     (a) Manufactured outside the state of Washington. Proof of this must be demonstrated by a certificate of origin, bill of sale, proof of purchase of materials, manufacture identification tag or serial number, or any other means acceptable to the department that shows that the unit was manufactured outside the state.

     (b) Used outside the state for at least six months or more. Proof of this must be demonstrated by showing the purchase of a license plate, a permit(s) issued by another state agency for use in another state, insurance certificate, bill of sale, or any other means acceptable to the department that shows that the unit was used outside the state for at least six months.

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REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 296-150V-1220 What code and installation requirements apply to conversion vendor unit or medical unit electrical systems?

Legislature Code Reviser 

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