S-4086

AN ACT Relating to certification of resident managers of mobile home parks; adding a new chapter to Title 18 RCW; prescribing penalties; making an appropriation; and providing an effective date.

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

NEW SECTION. Sec. 1. The purpose of this chapter is to establish a certification program for managers of mobile home parks.

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

(1) "Advisory council" means the advisory council on mobile home park manager training and certification created in section 7 of this act.

(2) "Department" means the department of community, trade, and economic development.

(3) "Director" means the director of the department of community, trade, and economic development.

(4) "Mobile home park" has the same meaning as in RCW 59.20.030.

(5) "Mobile home park management" means those actions, functions, or duties related to the management of a mobile home park.

(6) "Mobile home park manager" means a person who performs mobile home park management duties and is required to be certified under this chapter to perform mobile home park management services and includes resident owners of mobile home parks who perform management duties.

NEW SECTION. Sec. 3. (1) A person shall not manage a mobile home park in this state for any mobile home park with more than twenty-five mobile home lots until a certificate of registration certifying him or her as a mobile home park manager has been issued to him or her by the director in accordance with this chapter, except that a person initially employed as a park manager after the effective date of this act may be employed in that capacity for no more than ninety consecutive days following commencement of employment. At the end of that ninety-day period the park manager must have attained certification in accordance with this chapter or immediately cease such employment.

(2) A corporation, partnership, trust, association, sole proprietor, or other like organization may own or operate a mobile home park or engage in the business of mobile home park management without being certified if it employs, retains, or contracts with certified natural persons who are registered mobile home park managers subject to this chapter.

NEW SECTION. Sec. 4. (1) The director shall not issue an initial certificate of registration to any person to act as a mobile home park manager until that person has:

(a) Executed a written application on a form prescribed by the director, subscribed and sworn to by the applicant;

(b) Attended and completed a department-approved training course for mobile home park managers;

(c) Passed an examination approved by the department which demonstrates that the applicant has a fundamental knowledge of the mobile home landlord-tenant act under chapter 59.20 RCW; and

(d) Paid to the director a fee as prescribed in section 8 of this act.

(2) Certificates of registration are effective on the date issued by the department and must be renewed every two years.

(3) A certificate of registration may be renewed annually provided the applicant provides evidence of continuing education as approved by the department. This evidence must be submitted with an application to renew certification. A maximum of eight hours of continuing education biennially may be required by the department for renewal of certification.

(4) As of the effective date of this section, mobile home park managers may present a verification of having successfully completed a training course conducted by a state-wide trade association of mobile home park owners, which will satisfy the initial training requirement for one year and entitle the park manager to certification for that year.

NEW SECTION. Sec. 5. The department shall contract with a state-wide trade association exclusively representing mobile home park owners for the delivery of training courses required by this chapter. Training courses shall be made available within ninety days after the effective date of this act. The trade association may charge a fee for delivery of the training courses. The department, in consultation with the advisory council created under section 7 of this act, shall approve the curriculum of the training program.

NEW SECTION. Sec. 6. (1) The department, in consultation with the advisory council created in section 7 of this act, shall administer, coordinate, and enforce this chapter, develop the examination of applicants, and be responsible for the granting of certificates to qualified persons.

(2) The department is authorized to adopt rules that are necessary to implement, enforce, and interpret this chapter.

NEW SECTION. Sec. 7. (1) There is created an advisory council on mobile home park manager training and certification. The council shall consist of five members as follows: Two members of the council shall be residents of mobile home parks; two members shall be owners of mobile home parks; and one member shall be the director or the director's designee, who shall serve as chair of the council. The resident members of the council shall be selected from nominees submitted by the mobile home owners of America. The park owner members of the council shall be selected from nominees submitted by the manufacturing housing communities of Washington. The director shall appoint the members for terms of two years.

(2) Members of the council shall serve without compensation but are entitled to receive reimbursement for travel expenses as provided in RCW 43.03.050 and 43.03.060.

(3) The functions of the advisory council are to:

(a) Review, evaluate, and advise the department concerning revisions and adoption of rules affecting certification of mobile home park managers and the fees to be charged under section 8 of this act; and

(b) Develop, review, revise, and approve, in consultation with the department, the program for certification of mobile home park managers.

(4) The advisory council shall meet at the call of its chair, at the request of a majority of its membership, at the request of the department, or at such times as are prescribed by rule.

(5) The department shall provide adequate staff support to the advisory council to assist it in fulfilling its duties.

NEW SECTION. Sec. 8. A violation of this chapter is a class 1 civil infraction under chapter 7.80 RCW.

NEW SECTION. Sec. 9. Sections 3 and 4 of this act take effect July 1, 2000.

NEW SECTION. Sec. 10. 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.

NEW SECTION. Sec. 11. The sum of thirty-five thousand dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2001, from the general fund to the department of community, trade, and economic development for the purposes of this act.

NEW SECTION. Sec. 12. Sections 1 through 10 of this act constitute a new chapter in Title 18 RCW.