AN
ACT Relating to alterations of mobile homes; amending RCW 43.22.335, 43.22.420,
43.22.431, 43.22.432, 43.22.434, 43.22.440, 43.22.442, and 43.22.450; creating
new sections; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
43.22.335 and 1999 c 22 s 1 are each amended to read as follows:
Unless
the context clearly requires otherwise, the definitions in this section apply
throughout RCW 43.22.340 through 43.22.420.
(1)
(("Park trailer" means a park trailer as defined in the American
National Standards Institute A119.5 standard for park trailers.
(2)
"Recreational vehicle" means a vehicular-type unit primarily designed
for recreational camping or travel use that has its own motive power or is
mounted on or towed by another vehicle. The units include travel trailers,
fifth-wheel trailers, folding camping trailers, truck campers, and motor homes.
(3)))
"Conversion vendor units" means a motor vehicle or recreational
vehicle that has been converted or built for the purpose of being used for
commercial sales at temporary locations. The units must be less than eight
feet six inches wide in the set-up position and the inside working area must be
less than forty feet in length.
(((4)))
(2) "Manufactured home" means a single-family dwelling required to
be built in accordance with regulations adopted under the national manufactured
housing construction and safety standards act of 1974 (42 U.S.C. 5401 et seq.).
(3)
"Medical unit" means a self-propelled unit used to provide medical
examinations, treatments, and medical and dental services or procedures, not
including emergency response vehicles.
(4)
"Mobile home" means a factory-built dwelling built before June 15,
1976, to standards other than the national manufactured housing construction
and safety standards act of 1974 (42 U.S.C. 5401 et seq.), and acceptable under
applicable state codes in effect at the time of construction or introduction of
the home into this state.
(5)
"Park trailer" means a park trailer as defined in the American
national standards institute A119.5 standard for park trailers.
(6)
"Recreational vehicle" means a vehicular-type unit primarily designed
for recreational camping or travel use that has its own motive power or is
mounted on or towed by another vehicle. The units include travel trailers,
fifth-wheel trailers, folding camping trailers, truck campers, and motor homes.
Sec.
2. RCW
43.22.420 and 1999 c 22 s 9 are each amended to read as follows:
There
is hereby created a factory assembled structures advisory board consisting of
nine members to be appointed by the director of labor and industries. It shall
be the purpose and function of the board to advise the director on all matters
pertaining to the enforcement of this chapter including but not limited to
standards of body and frame design, construction and plumbing, heating and
electrical installations, minimum inspection procedures, the adoption of rules
pertaining to the manufacture of factory assembled structures, ((mobile))
manufactured homes, commercial coaches, conversion vending units,
medical units, recreational vehicles, and park trailers. The advisory board
shall periodically review the rules adopted under RCW 43.22.450 through
43.22.490 and shall recommend changes of such rules to the department if it
deems changes advisable.
The
members of the advisory board shall be representative of consumers, the
regulated industries, and allied professionals. The term of each member shall
be four years. However, the director may appoint the initial members of the
advisory board to staggered terms not exceeding four years.
The
chief inspector or any person acting as chief inspector for the factory
assembled structures, manufactured or mobile home, commercial coach,
conversion vending units, medical units, recreational vehicle, and park trailer
section shall serve as secretary of the board during his tenure as chief.
Meetings of the board shall be called at the discretion of the director of
labor and industries, but at least quarterly. Each member of the board shall
be paid travel expenses in accordance with RCW 43.03.050 and 43.03.060 which
shall be paid out of the appropriation to the department of labor and
industries, upon vouchers approved by the director of labor and industries or
his or her designee.
Sec.
3. RCW
43.22.431 and 1977 ex.s. c 21 s 1 are each amended to read as follows:
The
director of the department of labor and industries may enforce ((mobile))
manufactured home safety and construction standards adopted by the
secretary of housing and urban development under the national ((Mobile))
manufactured home construction and safety standards
act of 1974 (800 Stat. 700; 42 U.S.C. Secs. 5401-5426). Furthermore,
the director may make agreements with the United States government and private
inspection organizations to implement the development and enforcement of
applicable provisions of this chapter and the national ((Mobile))
manufactured home construction and safety standards
act of 1974 (800 Stat. 700; 42 U.S.C. Secs. 5401-5426).
Sec.
4. RCW
43.22.432 and 1977 ex.s. c 21 s 2 are each amended to read as follows:
(1)
The department may adopt all standards and regulations adopted by the secretary
under the national ((Mobile)) manufactured home construction
and safety standards act of 1974 (800 Stat. 700; 42 U.S.C.
Secs. 5401-5426) for ((mobile)) manufactured home construction
and safety standards. If any deletions or amendments to the federal standards
or regulations are thereafter made and notice thereof is given to the
department, the standards or regulations shall be considered automatically
adopted by the state under this chapter after the expiration of thirty days
from publication in the federal register of a final order describing the
deletions or amendments unless within that thirty day period the department
objects to the deletion or amendment. In case of objection, the department
shall proceed under the rule making procedure of chapter 34.05 RCW.
(2)
The department shall adopt rules with respect to manufactured homes installed
in accordance with the standards adopted under RCW 43.22.440 that:
(a)
Specify exemptions from a requirement for a permit to alter a manufactured
home;
(b)
Authorize the granting of variances from the rules adopted under this section
for alterations that use materials, designs, or methods of construction
different from those required under the rules adopted under this section; and
(c) Require the seller of a manufactured home to deliver to the
buyer prior to the sale a completed property transfer disclosure statement that
includes all the criteria specified in RCW 64.06.020 and a copy of a variance,
if any, granted under the rules adopted under this section. Nothing in this
chapter shall be construed to prohibit the sale of a manufactured home that was
altered unless the alteration makes the home unsafe so that its use may constitute
a hazard to life, safety, or health.
Sec.
5. RCW
43.22.434 and 1999 c 22 s 10 are each amended to read as follows:
(1)
The director or the director's authorized representative may conduct such
inspections, investigations, and audits as may be necessary to adopt or enforce
manufactured and mobile home, commercial coach, conversion vending
units, medical units, recreational vehicle, park trailer, factory built
housing, and factory built commercial structure rules adopted under the
authority of this chapter or to carry out the director's duties under this
chapter.
(2)
For purposes of enforcement of this chapter, persons duly designated by the
director upon presenting appropriate credentials to the owner, operator, or agent
in charge may:
(a)
At reasonable times and without advance notice enter any factory, warehouse, or
establishment in which manufactured and mobile homes, commercial
coaches, conversion vending units, medical units, recreational vehicles, park
trailers, factory built housing, and factory built commercial structures are
manufactured, stored, or held for sale;
(b)
At reasonable times, within reasonable limits, and in a reasonable manner
inspect any factory, warehouse, or establishment as required to comply with the
standards adopted by the secretary of housing and urban development under the national
((Mobile)) manufactured home construction and safety
standards act of 1974. Each inspection shall be commenced and
completed with reasonable promptness; and
(c)
As requested by an owner of a conversion vending unit or medical unit, inspect
an alteration.
(3) The department shall set a schedule of fees by rule which will
cover the costs incurred by the department in the administration of RCW
43.22.335 through 43.22.490.
Sec.
6. RCW
43.22.440 and 1988 c 239 s 5 are each amended to read as follows:
(1)
The legislature finds that inspections of manufactured and mobile home
installation are not done on a consistent basis. Manufactured and mobile
homes provide housing for many people in the state, and improperly installed manufactured
or mobile homes are a serious health and safety risk. Where possible and
practical, manufactured and mobile homes should be treated the same as
any housing inhabited or to be inhabited by persons in this state, including
housing built according to the state building code.
(2)
In consultation with the factory assembled structures advisory board for ((mobile))
manufactured homes, the director of labor and industries shall by rule
establish uniform standards for the performance and workmanship of installation
service and warranty service by persons or entities engaged in performing the
services within this state for all manufactured and mobile homes, as defined
in RCW 46.04.302. The standards shall conform, where applicable, with
statutes, rules, and recommendations established under the ((federal))
national ((mobile)) manufactured home construction and safety
standards act of 1974 (42 U.S.C. Sec. 5401 et seq.). These rules regarding the
installation of manufactured and mobile homes shall be enforced and fees
charged by the counties and cities in the same manner the state building code
is enforced under RCW 19.27.050.
(3)
In addition to and in conjunction with the remedies provided in this chapter,
failure to remedy any breach of the standards and rules so established, upon
adequate notice and within a reasonable time, is a violation of the consumer
protection act, chapter 19.86 RCW and subject to the remedies provided in that
chapter.
Sec.
7. RCW
43.22.442 and 1980 c 153 s 2 are each amended to read as follows:
A
manufacturer of ((mobile)) manufactured homes who designates a
representative within this state to provide consumers with warranty service for
((mobile)) manufactured homes on behalf of the manufacturer shall
make reasonable and timely compensation to the representative for performance
of the warranty service.
Sec.
8. RCW
43.22.450 and 1973 1st ex.s. c 22 s 1 are each amended to read as follows:
Whenever
used in RCW 43.22.450 through 43.22.490:
(1)
"Department" means the Washington state department of labor and industries;
(2)
"Approved" means approved by the department;
(3)
"Factory built housing" means any structure designed primarily for
human occupancy other than a manufactured or mobile home the structure
or any room of which is either entirely or substantially prefabricated or
assembled at a place other than a building site;
(4)
"Install" means the assembly of factory built housing or factory
built commercial structures at a building site;
(5)
"Building site" means any tract, parcel or subdivision of land upon
which factory built housing or a factory built commercial structure is
installed or is to be installed;
(6)
"Local enforcement agency" means any agency of the governing body of
any city or county which enforces laws or ordinances governing the construction
of buildings;
(7)
"Commercial structure" means a structure designed or used for human
habitation, or human occupancy for industrial, educational, assembly,
professional or commercial purposes.
NEW
SECTION. Sec. 9. (1) A
joint legislative task force is created to review chapter 43.22 RCW as it
pertains to the regulation of manufactured and mobile homes. The task force
membership shall consist of:
(a)
One member from each caucus of the senate labor, commerce and financial
institutions committee, appointed by the president of the senate;
(b)
One member from each caucus of the house commerce and labor committee,
appointed by the co-speakers of the house of representatives;
(c)
Representatives of the mobile/manufactured homeowners, mobile/manufactured home
mortgage lenders, mobile/manufactured home manufacturers and retailers,
realtors, business and labor representatives of the electrical and plumbing
trades, and other state or local government agencies as appropriate, appointed
jointly by the president of the senate and the co-speakers of the house of
representatives; and
(d)
A representative of the department of labor and industries. The department
shall cooperate with the task force and provide such technical expertise as the
task force cochairs may reasonably require.
(2)
The task force shall choose its cochairs from among its membership.
(3)
The study shall review at least the following issues:
(a)
The fact that many mobile/manufactured homeowners have performed alterations or
repairs to their homes without obtaining the required permits with the result
that potential buyers may be unable to obtain mortgage financing from the usual
sources;
(b)
The costs associated with obtaining required permits, particularly on those
occasions when an engineering analysis is required;
(c)
The possibility of reducing the number and type of repairs and alterations that
require a permit, consistent with public health and safety considerations;
(d)
The appropriateness of the current legal sanction for not obtaining a permit
when required;
(e)
The feasibility and desirability of allowing for inspections of
mobile/manufactured home alterations by local building officials; and
(f)
Any methods, procedures, or changes in the law that can assist
mobile/manufactured homeowners in the proper and economical maintenance and
improvement of their homes, and the protection of their equity.
(4)
The task force shall use legislative facilities and staff from senate committee
services and the office of program research. Each nonlegislative member of the
task force is eligible to be reimbursed for travel expenses in accordance with
RCW 43.03.050 and 43.03.060. All expenses of the task force, including travel,
shall be paid jointly by the senate and the house of representatives.
(5)
The task force shall report its findings and recommendations to the legislature
by January 1, 2002.
(6)
This section expires April 1, 2002.
NEW SECTION. Sec. 10. This
act applies to manufactured homes without regard to the date such homes may
have been altered.
