1741-S AMH ROME H4306.1

SHB 1741 - H AMD 765

By Representative Romero

ADOPTED AS AMENDED 02/11/2004

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that: Congress has preempted the regulation by the states of manufactured housing construction standards through adoption of construction standards for manufactured housing (42 U.S.C. Sec. 5401-5403); and this federal regulation is equivalent to the state's uniform building code. The legislature also finds that congress has declared that: (1) Manufactured housing plays a vital role in meeting the housing needs of the nation; and (2) manufactured homes provide a significant resource for affordable homeownership and rental housing accessible to all Americans (42 U.S.C. Sec. 5401-5403). The legislature intends to protect the consumers' rights to choose among a number of housing construction alternatives without restraint of trade or discrimination by local governments.

NEW SECTION. Sec. 2. A new section is added to chapter 35.21 RCW to read as follows:

A city or town may not enact any statute or ordinance that has the effect, directly or indirectly, of discriminating against consumers' choices in the placement or use of a home in such a manner that is not equally applicable to all homes. Homes built to 42 U.S.C. Sec. 5401-5403 standards (as amended in 2000) must be regulated in the same manner as site built homes, factory built homes, or homes built to any other state construction standard. However, any city or town may require that (1) a manufactured home be a new manufactured home, (2) the manufactured home be set upon a permanent foundation, as specified in the state manufactured housing installation standard, (3) if the manufactured home is to be located in a designated historic neighborhood, the manufactured home comply with all design standards that apply to all other homes within the designated historic neighborhood, (4) the home is thermally equivalent to the state energy code, and (5) the manufactured home otherwise meets all other requirements for a designated manufactured home as defined in RCW 35.63.160. A city with a population of one hundred thirty-five thousand or more may choose to designate its building official as the person responsible for issuing all permits for alterations, remodeling, or expansion of manufactured housing located within the city limits under this section.

NEW SECTION. Sec. 3. A new section is added to chapter 35A.21 RCW to read as follows:

A code city may not enact any statute or ordinance that has the effect, directly or indirectly, of discriminating against consumers' choices in the placement or use of a home in such a manner that is not equally applicable to all homes. Homes built to 42 U.S.C. Sec. 5401-5403 standards (as amended in 2000) must be regulated in the same manner as site built homes, factory built homes, or homes built to any other state construction standard. However, any code city may require that (1) a manufactured home be a new manufactured home, (2) the manufactured home be set upon a permanent foundation, as specified in the state manufactured housing installation standard, (3) if the manufactured home is to be located in a designated historic neighborhood, the manufactured home comply with all design standards that apply to all other homes within the designated historic neighborhood, (4) the home is thermally equivalent to the state energy code, and (5) the manufactured home otherwise meets all other requirements for a designated manufactured home as defined in RCW 35.63.160. A code city with a population of one hundred thirty-five thousand or more may choose to designate its building official as the person responsible for issuing all permits for alterations, remodeling, or expansion of manufactured housing located within the city limits under this section.

NEW SECTION. Sec. 4. A new section is added to chapter 36.01 RCW to read as follows:

A county may not enact any statute or ordinance that has the effect, directly or indirectly, of discriminating against consumers' choices in the placement or use of a home in such a manner that is not equally applicable to all homes. Homes built to 42 U.S.C. Sec. 5401-5403 standards (as amended in 2000) must be regulated in the same manner as site built homes, factory built homes, or homes built to any other state construction standard. However, any county may require that (1) a manufactured home be a new manufactured home, (2) the manufactured home be set upon a permanent foundation, as specified in the state manufactured housing installation standard, (3) if the manufactured home is to be located in a designated historic neighborhood, the manufactured home comply with all design standards that apply to all other homes within the designated historic neighborhood, (4) the home is thermally equivalent to the state energy code, and (5) the manufactured home otherwise meets all other requirements for a designated manufactured home as defined in RCW 35.63.160.

Sec. 5. RCW 35.63.160 and 1988 c 239 s 1 are each amended to read as follows:

(1) ((Each comprehensive plan which does not allow for the siting of manufactured homes on individual lots shall be subject to a review by the city of the need and demand for such homes. The review shall be completed by December 31, 1990.

(2) For the purpose of providing an optional reference for cities which choose to allow manufactured homes on individual lots,)) A "designated manufactured home" is a manufactured home constructed after June 15, 1976, in accordance with state and federal requirements for manufactured homes, which:

(a) Is comprised of at least two fully enclosed parallel sections each of not less than twelve feet wide by thirty-six feet long;

(b) Was originally constructed with and now has a composition or wood shake or shingle, coated metal, or similar roof of ((not less than)) nominal 3:12 pitch; and

(c) Has exterior siding similar in appearance to siding materials commonly used on conventional site-built uniform building code single-family residences.

(2) "New manufactured home" means any manufactured home required to be titled under Title 46 RCW, which has not been previously titled to a retail purchaser, and is not a "used mobile home" as defined in RCW 82.45.032(2).

(3) Nothing in this section precludes cities from allowing any manufactured home from being sited on individual lots through local standards which differ from the designated manufactured home or new manufactured home as described in this section, except that the term "designated manufactured home" and "new manufactured home" shall not be used except as defined in subsections (1) and (2) of this section.

NEW SECTION. Sec. 6. This act takes effect July 1, 2005."

Correct the title.

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