PROPOSED RULES
LABOR AND INDUSTRIES
Original Notice.
Preproposal statement of inquiry was filed as WSR 99-05-078.
Title of Rule: Amendments to chapter 296-150C WAC, Commercial coaches, chapter 296-150F WAC, Factory-built housing and commercial structures, chapter 296-150M WAC, Manufactured homes, chapter 296-150P WAC, Recreational park trailers, and chapter 296-150R WAC, Recreational vehicles.
Purpose: Pursuant to the Governor's Executive Order 97-02, the department is continuing its review of the factory-assembled structure (FAS) rules. State-initiated amendments are proposed to five FAS rule chapters. These amendments further the department's regulatory improvement goal of enacting and enforcing rules that are "necessary, fair, understandable, and consistent." The amendments will incorporate some policies and procedures into rule, update current rules, clarify the language and intent of some rule sections, and make housekeeping changes where appropriate. The proposed amendments do not place any additional costs or requirements on business.
WAC 296-150C-0140 Do you allow the use of alternate materials, alternate design, and method of construction? New section is added to convert department policy into rule.
WAC 296-150C-320 What must I provide with my request for commercial coach design-plan approval by the department? Amended section clarifies the requirements for the "wet stamp" set of design plans.
WAC 296-150C-0805 Are there any special requirements for portable school classrooms? New section clarifies that Department of Health regulations may be more stringent, specifically regarding the requirement that instruction areas must have a minimum ceiling height of eight feet.
WAC 296-150C-0810 Construction definitions. Amends this section to add definitions for "chassis" and "frame" for clarification purposes.
WAC 296-150C-0960 What requirements apply to commercial coach roof trusses? Adds a reference to WAC 296-150C-0930, structural load tests, for clarification purposes.
WAC 296-150C-1080 What design and construction requirements apply to a commercial coach chassis? Deletes language pertaining to "running gear assemblies." State patrol regulations cover running gear assemblies.
WAC 296-150C-1345 May the electrical disconnect required for mechanical equipment be inside of or mounted on the equipment? New section is added to convert department policy into rule.
WAC 296-150C-1545 Does the department require a water system expansion tank be installed? New section is added to convert department procedure into rule.
WAC 296-150C-1580 What manufacturing codes apply when converting structures to vendor units? Amends section to incorporate department procedure into rule.
WAC 296-150F-0050 Can you prohibit the installation of factory-built housing and commercial structures? New section is added to clarify the requirements of RCW 43.22.465.
WAC 296-150F-0140 Do you allow the use of alternate materials, alternate design and method of construction? New section is added to convert department policy into rule.
WAC 296-150F-0320 What must I provide with my request for design-plan approval by the department? Amended section clarifies the requirements for the "wet stamp" set of design plans.
WAC 296-150F-0605 May the required toilet facilities be located in an adjacent building? New section is proposed to convert a department procedure into rule regarding the location of toilet facilities in an adjacent building.
WAC 296-150F-0610 Do you require the exit doors to be one-half the diagonal distance apart if each area served has its own exit door? New section is proposed to convert a department policy into rule concerning exit door requirements.
WAC 296-150F-0615 May the electrical disconnect required for mechanical equipment be inside or mounted on the equipment? New section is added to convert a department policy into rule.
WAC 296-150F-0620 Does the department require a water system expansion tank be installed? New section is added to convert a department procedure into rule.
WAC 296-150F-0625 Are there any special requirements for portable school classrooms? New section clarifies that Department of Health regulations may be more stringent, specifically regarding the requirement that instruction areas must have a minimum ceiling height of eight feet.
WAC 296-150M-0020 What definitions apply to this chapter? Amend section to add definitions for "equivalent air conditioning/heat pump components," and to clarify definition of "homeowner."
WAC 296-150M-0120 Where can I obtain technical assistance regarding manufactured (mobile) homes? Adds a new section to clarify when the department will provide field technical assistance.
WAC 296-150M-0140 Do you allow the use of alternate materials, alternate design and method of construction? New section is added to convert a department policy into rule regarding when alternate materials, design, or method may be used.
WAC 296-150M-0306 What codes are used when altering a manufactured (mobile) home? Amends section to specify that the department will accept "equivalent" air conditioning/heat pump components. (This amendment was recommended by FAS stakeholders.)
WAC 296-150M-0309 How do I apply for alteration approval and obtain an alteration insignia? New section is added to reinsert provisions that were inadvertently left out when the chapter was rewritten in 1996.
WAC 296-150M-0600 Who establishes standards for installation of manufactured homes? Amended for clarification purposes.
WAC 296-150M-0610 What instructions are used for a manufactured home installation? Amended for clarification purposes.
WAC 296-150M-0614 How may I obtain a copy of the American National Standards Institute (ANSI) A225.1-Manufactured Homes and Installation? New section adds address for ANSI information.
WAC 296-150M-0615 What are the requirements for temporary placement of manufactured (mobile) homes? Proposed new section clarifies a requirement for temporary placement of manufactured homes.
WAC 296-150M-0640 Does a person who installs a manufactured home need an installation permit? Amends section to clarify installation permit requirements.
WAC 296-150M-0655 How does the local enforcement agency gain access to the manufacturer's installation instructions? New section is added for clarification of access to installation instructions.
WAC 296-150M-0400 How do I apply for alteration approval and obtain an alteration insignia? Repeals section to eliminate unnecessary duplication.
WAC 296-150P-0020 What definitions apply to this chapter? Amends section to update the ANSI and NEC references.
WAC 296-150P-0050 Can you prohibit the sale or lease of my recreational park trailer? New section is proposed to clarify requirements of the RCW.
WAC 296-150P-0140 Do you allow the use of alternate materials, alternate design and method of construction? Amends section to convert department policy into rule regarding when alternate materials, design and method may be used.
WAC 296-150R-0020 What definitions apply to this chapter? Amends section to update the ANSI and NEC references.
WAC 296-150R-0050 Can you prohibit the sale or lease of my recreational vehicle? Proposed new section clarifies the requirements of the RCW.
WAC 296-150R-0140 Do you allow the use of alternate materials, alternate design and method of construction? Amends section to convert department policy into rule regarding when materials, design and method may be used.
Statutory Authority for Adoption: RCW 43.22.340, 43.22.480.
Statute Being Implemented: Chapter 43.22 RCW.
Summary: See Purpose above.
Reasons Supporting Proposal: See Purpose above.
Name of Agency Personnel Responsible for Drafting: Dan Wolfenbarger, Tumwater, Washington, (360) 902-5225; Implementation and Enforcement: Patrick Woods, Tumwater, Washington, (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 does not consider the economic impact of the proposed rule amendments to be a more than minor economic impact on business. Therefore, the preparation of a comprehensive small business economic impact statement is not required.
RCW 34.05.328 applies to this rule adoption. RCW 34.05.328 applies to this rule adoption because the proposed amendments to chapters 296-150C, 296-150F, 296-150M, 296-150P, and 296-150R WAC, amend significant regulatory programs.
Hearing Location: Cavanaugh's at Yakima Center, Upper Terrace, 607 East Yakima Avenue, Yakima, WA, on May 11, 1999, at 1:00 p.m.; and at the Department of Labor and Industries Building, Room S117, 7273 Linderson Way, Tumwater, WA, on May 14, 1999, at 9:00 a.m.
Assistance for Persons with Disabilities: Contact Elaine Fischer, (360) 902-6411, by May 3, 1999, TDD (360) 902-5797.
Submit Written Comments to: Dan Wolfenbarger, Chief Factory Assembled Structures Inspector, Department of Labor and Industries, P.O. Box 44440, Olympia, WA 98504-4440, by May 14, 1999. Fax comments (must be ten pages or less) to (360) 902-5292. If you have special needs accommodations, please contact Elaine Fischer at (360) 902-6411, or TDD at (360) 902-5797.
Date of Intended Adoption: May 28, 1999.
April 5, 1999
Gary Moore
Director
OTS-2750.1
NEW SECTION
WAC 296-150C-0140
Do you allow the use of alternate materials, alternate design
and method of construction?
An applicant may apply for the use of alternate materials, alternate design and methods of construction different from the requirements of this chapter by filing a written request with the department.
(1) Responsibilities of applicant. The applicant must submit in writing the following information and sign and date the request.
(a) The applicant's name, address and phone number;
(b) The specific requirement or requirements from which the alternate material, alternate design or method of construction is requested;
(c) Adequate justification that the requirements of this chapter cannot be met without using alternate materials, alternate design or method of construction;
(d) How the use of alternate materials, alternate design or method of construction will achieve the same result as the requirement and any specific alternative measures to be taken to show the alternate provides the same level of protection to life, safety and health as the requirements.
The department has a form that you may use for your request. Contact the department at the address shown in the definition section.
(2) Responsibilities of the department. The department will provide a written response to the applicant within thirty days of receipt of the written request. The written response will state the acceptance or denial of the request, including the reasons for the department's decision. At a minimum the department will base its decision based on:
(a) The applicant's request as described in subsection (1) of this section;
(b) Research into the request;
(c) Expert advise.
(3) Applicant's response to denials. The applicant may appeal the department's decision by following the procedure in WAC 296-150C-0100.
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All requests for design-plan approval must include:
(1) A completed design-plan approval request form;
(2) Two sets of design plans plus elevation drawings, specifications, engineering analysis, and test results and procedures necessary for a complete evaluation of the design; (See WAC 296-150C-0340 and 296-150C-0350.)
(3) At least one set of design plans must have an original wet stamp from a professional engineer or architect licensed in Washington state. All new, renewed, and resubmitted plans, specifications, reports and structural calculations prepared by or prepared under his or her direct supervision shall be signed, dated and stamped with their seal. Specifications, reports, and structural calculations may be stamped only on the first sheet, provided this first sheet identifies all of the sheets that follow are included and identified in the same manner. Plans that have not been prepared by or under the engineer's or architect's supervision shall be reviewed by them and they shall prepare a report concerning the plans reviewed. This report shall:
(a) Identify which drawings have been reviewed by drawing number and date;
(b) Include a statement that the plans are in compliance with current Washington state regulations; and
(c) The report shall be stamped and signed by the reviewer.
Any deficiencies shall be corrected on the drawings before submitting to the department or be included in the report and identify as to how they are to be corrected. This report shall be attached to the plan(s) that were reviewed. We will retain the set with the original wet stamp;
(4) Receipt of a one-time initial design plan filing fee and the initial design plan fee (see WAC 296-150C-3000);
(5) A "key drawing" to show the arrangement of modules if the plan covers three or more modules;
(6) The occupancy class of the commercial coach according to the occupancy classifications in The Uniform Building Code;
(7) All plans required by WAC 296-46-140 (Plan review for educational, institutional or health care facilities and other buildings) must be reviewed by the department. The department's fee for this plan review is listed in the fee table in WAC 296-150C-3000, Commercial coach fees.
[Statutory Authority: Chapter 43.22 RCW. 98-14-078, § 296-150C-0320, 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, § 296-150C-0320, filed 10/23/96, effective 11/25/96.]
In addition to the requirements in this chapter, the department of health has rules regulating primary and secondary schools in chapter 246-366 WAC. One of those requirements in WAC 246-366-050(2) is that "Instructional areas shall have a minimum average ceiling height of 8 feet."
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The following definitions and the definitions in each of the state codes adopted in WAC 296-150C-0800 apply to commercial coach construction.
"Anchoring system" is the means used to secure a commercial coach to ground anchors or to other approved fastening devices. It may include straps, cables, turnbuckles, bolts, fasteners, or other components.
"Ceiling height" is the clear vertical distance from the finished floor to the finished ceiling.
"Chassis" means that portion of the transportation system comprised of the following: Drawbar coupling mechanism and frame.
| EXCEPTION: | The running gear assembly shall not be considered as part of the chassis. |
"Dead load" is the vertical load resulting from the weight of all permanent structural and nonstructural parts of a commercial coach including walls, floors, roof, partitions, and fixed service equipment.
"Diagonal tie" is a tie intended primarily to resist horizontal or shear forces and secondarily may resist vertical, uplift, and overturning forces.
"Dormitory" is a room designed to be occupied by more than two persons.
"Exit" is a continuous and unobstructed means of egress to a public way.
"Frame" means the fabricated rigid substructure, which provides support to the affixed commercial coach structure both during transport and onsite. It is considered a part of the commercial coach.
"Glazed opening" is a glazed skylight or an exterior window or glazing of a door of a commercial coach.
"Gross floor area" is the net floor area within the enclosing walls of a room where the ceiling is at least five feet high.
"Habitable room" is a room or enclosed floor space arranged for living, eating, food preparation, or dormitory sleeping purposes. It does not include bathrooms, toilet compartments, foyers, hallways, or other accessory floor spaces. Any reference to "habitable dwelling" in this chapter means a temporary structure not used as a single family dwelling.
"Interior finish" is the surface material of walls, fixed or movable partitions, ceilings and other exposed interior surfaces affixed to the commercial coach structure, including paint and wallpaper. Decorations or furnishings attached to the commercial coach structure are considered part of the interior finish.
"Live load" is the weight superimposed by the use and occupancy of the commercial coach, including wind load and snow load, but not including dead load.
"Perimeter blocking" is support placed under exterior walls.
"Shear wall" is a wall designed and constructed to transfer lateral loads.
"Tiedown" is a device designed to anchor a commercial coach to ground anchors.
"Use" or "occupancy classification" is the designed purpose of a commercial coach according to The Uniform Building Code.
"Wind load" is the lateral or vertical pressure or uplift created by wind blowing in any direction.
[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, § 296-150C-0810, filed 10/23/96, effective 11/25/96.]
(1) The construction of roof trusses must be approved by a professional engineer. Roof trusses may be produced by one of the following methods:
(a) Use of graded materials when an approved testing agency certifies truss construction and load requirements are met; the testing agency must prepare an approved quality control program which allows them to test the trusses with appropriate testing procedures.
(b) Use of nongraded materials, if each truss is tested in an approved testing jig at the manufacturer's site with a load equivalent to full design load (1.75 times the full design load sustained for twelve hours). See WAC 296-150C-0930.
(2)(a) Representative trusses must be tested from the production line, when we request. The approved testing agency or engineer must submit the testing report to us.
(b) All test reports are to be stamped, signed, and dated by the approved testing agency or engineer who performs the test.
(c) These tests must not occur more than two times a year per design unless there are problems with the roof trusses.
(d) The manufacturer is required to maintain an acceptable quality level not exceeding 1% using acceptable sampling procedures.
Note: The acceptable quality level is defined as the maximum allowable percentage of defective units.
[Statutory Authority: Chapter 43.22 RCW. 98-14-078, § 296-150C-0960, 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, § 296-150C-0960, filed 10/23/96, effective 11/25/96.]
Each commercial coach chassis must be designed and constructed to be capable of:
(1) Effectively sustaining the design loads consisting of the dead load plus five PSF load on the floor and the superimposed dynamic load resulting from highway movement, in no case shall the dynamic load be required to exceed twice the dead load; and
(2) Accepting the shock and vibration from the roadway and towing vehicle through the
use of adequate running gear assemblies. ((Running gear assemblies consist of axles, springs,
spring hangers, hubs, bearings, tires, rims and their related hardware. Running gear assemblies
must be capable of sustaining the loads in subsection (1) of this section.))
(3) In the set up mode, the commercial coach must be designed to accommodate a fifty PSF floor load.
[Statutory Authority: Chapter 43.22 RCW. 98-14-078, § 296-150C-1080, 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, § 296-150C-1080, filed 10/23/96, effective 11/25/96.]
The electrical disconnect shall not be inside of or mounted on the equipment.
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The department will only require that a tee be installed in an accessible location for the future addition of an expansion tank where one may be installed if required.
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(1) The conversion of a structure to a vendor unit must comply with the following codes:
(a) The Uniform Mechanical Code, with the amendments made by the Washington State Building Code Council, chapter 51-42 WAC;
(b) The National Electrical Code as referenced in chapter 19.28 RCW and chapter 296-46 WAC, Installing Electric Wires and Equipment;
(c) The Uniform Plumbing Code 1997 edition with the amendments under chapter 19.27 RCW; and
(d) The Washington State Building Code Council, chapter 51-40 WAC, Uniform
Building Code, Chapter 11, Accessibility as applies to the exterior of ((the)) all units relating to
customer service facilities in section 1105.4.7. Units less than 8'-6" in width and 24 feet or less
in length need not comply with the accessibility requirements except for the exterior
requirements.
(2) All construction methods and installations must use accepted engineering practices, provide minimum health and safety to the occupants of commercial coaches 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 person converting a structure to a vendor unit may exceed these rules provided the deviation does not result in inferior installation or defeat the purpose and intent of this chapter.
[Statutory Authority: Chapter 43.22 RCW. 98-14-078, § 296-150C-1580, 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, § 296-150C-1580, filed 10/23/96, effective 11/25/96.]
OTS-2741.2
NEW SECTION
WAC 296-150F-0050
Can you prohibit the installation of factory-built housing and
commercial structures?
(1) We may prohibit the installation of factory-built housing and commercial structures if they do not conform to the requirements of this chapter. (See RCW 43.22.465.)
(2) If an inspection reveals that a factory-built home or commercial structure violates this chapter, we may obtain a temporary injunction enjoining the installation of any nonconforming structure. The injunction may be made permanent at the discretion of the court.
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An applicant may apply for the use of alternate materials, alternate design and methods of construction different from the requirements of this chapter by filing a written request with the department.
(1) Responsibilities of applicant. The applicant must submit in writing the following information and sign and date the request.
(a) The applicant's name, address and phone number;
(b) The specific requirement or requirements from which the alternate material, alternate design or method of construction is requested;
(c) Adequate justification that the requirements of this chapter cannot be met without using alternate materials, alternate design or method of construction;
(d) How the use of alternate materials, alternate design or method of construction will achieve the same result as the requirement and any specific alternative measures to be taken to show the alternate provides the same level of protection to life, safety and health as the requirements.
The department has a form that you may use for your request. Contact the department at the address shown in the definition section.
(2) Responsibilities of the department. The department will provide a written response to the applicant within thirty days of receipt of the written request. The written response will state the acceptance or denial of the request, including the reasons for the department's decision. At a minimum the department will base its decision based on:
(a) The applicant's request as described in subsection (1) of this section;
(b) Research into the request;
(c) Expert advice.
(3) Applicant's response to denials. The applicant may appeal the departments decision by following the procedure in WAC 296-150F-0100.
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All requests for design-plan approval must include:
(1) A completed design-plan approval request form;
(2) One complete set of design plans, specifications, engineering analysis, test procedures and results plus one additional set for each manufacturing location where the design plan will be used (see WAC 296-150F-0340 and 296-150F-0350);
(3) At least one set of design plans must have an original wet stamp from a professional engineer or architect licensed in Washington state. All new, renewed, and resubmitted plans, specifications, reports and structural calculations prepared by or prepared under his or her direct supervision shall be signed, dated and stamped with their seal. Specifications, reports, and structural calculations may be stamped only on the first sheet, provided this first sheet identifies all of the sheets that follow are included and identified in the same manner. Plans that have not been prepared by or under the engineer's or architect's supervision shall be reviewed by them and they shall prepare a report concerning the plans reviewed. This report shall:
(a) Identify which drawings have been reviewed by drawing number and date;
(b) Include a statement that the plans are in compliance with current Washington state regulations; and
(c) The report shall be stamped and signed by the reviewer.
Any deficiencies shall be corrected on the drawings before submitting to the department or be included in the report and identify as to how they are to be corrected. This report shall be attached to the plan(s) that were reviewed. We will retain the set with the original wet stamp;
(4) A one-time initial filing fee and the design-plan fee (see WAC 296-150F-3000); and
(5) A "key drawing" to show the arrangement of modules if the plan covers three or more modules.
[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-0320, filed 10/23/96, effective 11/25/96.]
Under the following conditions, the department will allow the required toilet facilities to be located in adjacent building(s):
(1) The manufacturer shall note in the plan submittal that the requirements of UBC Chapter 29, Section 2902 and Table 29-A, as amended by the state building code must be verified by the building official; and
(2) A Notification to Local Enforcement Agency (NLEA) must accompany each unit so that the requirements of UBC Chapter 29, Section 2902 and Table 29-A as amended by the state building code can be verified by the building official.
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If the area served has an occupant load requiring only one exit and a building contains more than one area where each area is served by individual exits, and a personnel door is added between adjoining rooms, a personnel door in the partition wall will not be construed to create a larger area served. The exits will not be required to be one-half of the diagonal apart.
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The electrical disconnect shall not be inside of or mounted on the equipment.
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The department will only require that a tee be installed in an accessible location for the future addition of an expansion tank where one may be installed if required.
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In addition to the requirements in the state building code, the department of health has rules regulating primary and secondary schools in chapter 246-366 WAC. One of those requirements is that "Instructional areas shall have a minimum average ceiling height of 8 feet."
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OTS-2749.1
AMENDATORY SECTION(Amending WSR 98-14-078, filed 6/30/98, effective 7/31/98)
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.
The following are not considered alterations:
| • | Repairs to equipment with approved parts; or |
| • | Modification of a fuel-burning appliance according to the listing agency's specifications; or |
| • | Adjustment and maintenance of equipment. |
"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. |
"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.
"Equipment" is all material, appliances, devices, fixtures, fittings, or accessories used in the alteration or installation of a manufactured home.
"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 and will occupy a manufactured home for the
purposes of ((this chapter)) using it as their place of residence. 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.
"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.
"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: |
|
| 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.
"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: 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.]
We provide field technical service on manufactured (mobile) homes for an hourly fee. Field technical service may include an evaluation, consultation, plan examination, interpretation, and clarification of technical data relating to the application of our rules. It does not include inspections.
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An applicant may apply for the use of alternate materials, alternate design and methods of construction different from the requirements of this chapter by filing a written request with the department.
(1) Responsibilities of applicant. The applicant must submit in writing the following information and sign and date the request.
(a) The applicant's name, address and phone number;
(b) The specific requirement or requirements from which the alternate material, alternate design or method of construction is requested;
(c) Adequate justification that the requirements of this chapter cannot be met without using alternate materials, alternate design or method of construction;
(d) How the use of alternate materials, alternate design or method of construction will achieve the same result as the requirement and any specific alternative measures to be taken to show the alternate provides the same level of protection to life, safety and health as the requirements.
The department has a form that you may use for your request. Contact the department at the address shown in the definition section.
(2) Responsibilities of the department. The department will provide a written response to the applicant within thirty days of receipt of the written request. The written response will state the acceptance or denial of the request, including the reasons for the department's decision. At a minimum the department will base its decision based on:
(a) The applicant's request as described in subsection (1) of this section;
(b) Research into the request;
(c) Expert advice.
(3) Applicant's response to denials. The applicant may appeal the department's decision by following the procedure in WAC 296-150M-0100.
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Alterations to a manufactured (mobile) home must be in compliance with the Manufactured Home Construction and Safety Standards, Part 24, CFR 3280, as adopted by the Secretary for the Department of Housing and Urban Development (HUD) and the amendments to that federal standard adopted in this WAC chapter.
(1) The department will accept ((mix and match)) equivalent air conditioning/heat pump
components that have been tested and listed for use with a particular furnace by a nationally
recognized testing laboratory.
(2) The department will accept pellet stoves for installation that have been listed by a department approved testing laboratory. For a current list of approved laboratories, contact any department field office or the department at the address shown in WAC 296-150M-0020.
[Statutory Authority: Chapter 43.22 RCW. 98-14-078, § 296-150M-0306, filed 6/30/98, effective 7/31/98.]
(1) To apply for alteration approval and the alteration insignia, you must:
(a) Complete an alteration permit form and an application for alteration insignia. We will provide the forms upon request.
(b) Submit the completed forms to us, with the first hour of inspection fee and alteration insignia fee. Alterations requiring more than one inspection shall have the first hour inspection fee paid to the department prior to any inspection. (See WAC 296-150M-3000.)
(2) Request inspection of your alteration at least five days before the date you want the inspection.
(3) Once we approve your alteration, we will attach the alteration insignia to your manufactured home.
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(1) The director of labor and industries is responsible for establishing uniform installation standards where possible and practical for persons or entities engaged in performing the installation of manufactured homes within the state.
(2) Local jurisdictions may adopt additional installation requirements only for those
installation situations not covered by federal standards. For example, local jurisdictions may
impose noise control construction ordinances, prescribe the frost depth and soil bearing capacity
at the installation site, and adopt requirements to protect manufactured homes in hazardous areas,
((i.e., in flood and earthquake areas)) (see WAC 296-150M-0620).
Also, local jurisdictions may impose their requirements for snow and wind loads as long as all structures within their jurisdiction are required to comply with the same standard and provided those installing the manufactured home are given options in satisfying that standard. Such an option might include, but not be limited to, allowing an installer to erect an additional structure, which meets local standards, and protects the manufactured home. For example, an installer could erect a free standing ramada over a manufactured home to protect it from local snow loads.
Local jurisdictions may not:
(a) Dictate foundation design and construction which is built according to either the manufacturer's installation instructions or a design created by an engineer or architect licensed in Washington state.
(b) Impose regulations on smoke detectors because they are regulated by federal standards.
[Statutory Authority: Chapter 43.22 RCW. 98-14-078, § 296-150M-0600, 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-0600, filed 10/23/96, effective 11/25/96.]
((The following instructions must be used for an initial or relocated manufactured
home installation (note: The specific instructions in this chapter take precedence over
manufacturer's instructions and ANSI standards):)) To the extent that the installation of a
manufactured home is not covered by a manufacturer's, engineer's or architect's instructions, the
manufactured home shall comply with the installation requirements of this section.
(1) Installation of a new manufactured home.
(a) The initial manufactured home installation must be conducted according to the manufacturer's instructions.
(b) If the manufacturer's instructions do not address an aspect of the installation, you may request:
(i) Specific instructions from the manufacturer; or
(ii) Specific instructions from a professional engineer or architect licensed in Washington state.
For example:
(A) A manufactured home is installed over a basement and the manufacturer's instructions do not address this application;
(B) A manufactured home is installed on a site where the specific soil bearing capacity is not addressed in the manufacturer's instructions.
(c) All manufactured homes installed in Washington state must be permanently anchored except for those installed on dealer lots. On dealer lots, temporary sets are permitted without anchoring being installed. A manufactured home must be anchored according to the manufacturer's installation instructions or according to the design of a professional engineer or architect licensed in Washington state. Local jurisdictions may not prescribe anchoring methods.
(d) A manufactured home must have a skirting around its entire perimeter. It must be installed per the manufacturer's installation instructions or if the manufacturer is not specific, to the standards in this section. It must be vented and allow access to the under floor area per the manufacturer's installation instructions or per the standards below if the manufacturer's instructions are not available.
If the manufacturer's skirting and access instructions are not specific, skirting, ventilation and access shall be installed as follows:
(i) Skirting:
| • | Skirting must be made of materials suitable for ground contact. |
| • | Metal fasteners must be made of galvanized, stainless steel or other corrosion resistant material. |
| • | Ferrous metal members in contact with the earth, except those made of galvanized or stainless steel, must be coated with an asphaltic emulsion. |
| • | Skirting must not trap water between the skirting and siding or trim. |
| • | All skirting must be recessed behind the siding or trim. |
For homes sited in a flood plain, contact the local jurisdiction regarding proper skirting ventilation. Except for those manufactured homes sited in a flood plain, all skirting must be vented as follows:
| • | Vent openings must be covered with corrosion-resistant wire mesh to prevent the entrance of rodents. The size of the mesh opening cannot exceed 1/4 inch. |
| • | Vent openings must have a net area of not less than one square foot for each one hundred fifty square feet of under floor area. |
| • | Vent openings must be located as close to corners and high as practical and they must provide cross ventilation on at least two opposite sides. |
| • | Access to the under floor area of a manufactured home must have a finished opening at least eighteen inches by twenty-four inches in size. |
| • | The access opening must be located so that all areas under a manufactured home are available for inspection. |
| • | The access opening must be covered and that cover must be made of metal, pressure treated wood or vinyl. |
(f) Heat duct crossovers must be installed per the manufacturer's installation instruction manual or per ANSI A225.1 or the following instructions if the manufacturer's instructions are not available:
Heat duct crossovers must be supported at least one inch above the ground by strapping or blocking. They must be installed to avoid standing water. Also, they must be installed to prevent compression, sharp bends and to minimize stress at the connections.
(g) Dryer vents must exhaust to the exterior side of the wall or skirting. Dryer ducts outside the manufactured home shall comply with the dryer manufacturer's specifications or shall be made of metal with smooth interior surfaces.
(h) Hot water tank pressure relief lines must exhaust to the exterior side of the exterior wall or skirting and must exhaust downward. The end of the pipe must be at least six inches but not more than two feet above the ground.
(i) Water piping must be protected against freezing as per the manufacturer's installation instructions or by use of a heat tape listed for use with manufactured homes and installed per the heat tape manufacturer's installation instructions.
(j) The testing of water lines, waste lines, gas lines and electrical systems must be as per the manufacturer's installation instructions. If the manufacturer's installation instructions require testing of any of these systems, the local jurisdiction is responsible for verifying that the tests have been performed and passed. Electrical connections and testing are the responsibility of the electrical section of labor and industries except where a city has assumed the electrical inspection responsibilities for their jurisdiction. In that case, the city's electrical inspectors are responsible for the electrical connections and testing.
(k) During the installation process, a ground cover must be installed under all manufactured homes. The ground cover must be a minimum of six-mil black polyethylene sheeting or its equivalent (exception to ANSI A225.1 (3.5.2)). The ground cover may be omitted if the under floor area of the home has a concrete slab floor with a minimum thickness of three and one-half inches.
(l) Clearances underneath manufactured homes must be maintained at a minimum of eighteen inches beneath at least seventy-five percent of the lowest member of the main frame (I-beam or channel beam) and the ground or footing. No more than twenty-five percent of the lowest member of the main frame of the home shall be less than eighteen inches above the ground or footing. In no case shall clearance be less than twelve inches anywhere under the home (exception to ANSI A225.1 (4.1.3.3)).
(m) Heat pump and air conditioning condensation lines must be extended to the exterior of the manufactured home.
(2) Installation of a relocated manufactured (mobile) home.
(a) A relocated manufactured home installation should be conducted according to the manufacturer's installation instructions.
(b) If the manufacturer's instructions are unavailable, you may use either:
(i) The American National Standard Institute (ANSI) standard ANSI A225.1-Manufactured Homes Installation, 1994 edition instructions; or
(ii) The instructions of a professional engineer or architect licensed in Washington state.
(c) If either (b)(i) or (ii) is used, all of the requirements of WAC 296-150M-0610 (1)(c) through (m) must also be followed.
[Statutory Authority: Chapter 43.22 RCW. 98-14-078, § 296-150M-0610, 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-0610, filed 10/23/96, effective 11/25/96.]
Copies of the standard are available from:
Publications/Communications
National Conference of States on Building Codes and Standards, Inc.
505 Huntmar Park Drive, Suite 210
Herndon, Virginia 22070
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Manufactured (mobile) homes placed on temporary display or in storage by a manufacturer, dealer or distributor in excess of thirty days shall be:
(1) Supported under each main frame beam by supports located within two feet of each end and within four feet of the front and rear axle and other supports so that no span shall exceed sixteen feet; and
(2) Made weathertight at any marriage line joint at the roof and wall lines.
[]
(1) ((Any person who installs a manufactured home must obtain an
installation permit from the local enforcement agency prior to installation.
(2) Any permit fees set by the local enforcement agency must be paid in full and included with the permit application.
(3) A dealer, owner or agent must not deliver a manufactured home to its site without verifying that an installation permit has been obtained.)) A dealer, owner or agent must not deliver a manufactured home to its site without verifying that an installation permit has been obtained; and
(2) Any permit fees set by the local enforcement agency must be paid in full and included with the permit application.
[Statutory Authority: Chapter 43.22 RCW. 98-14-078, § 296-150M-0640, 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-0640, filed 10/23/96, effective 11/25/96.]
A manufacturer's installation manual shall be provided for the inspecting jurisdiction whenever any portions of the manufacturer's installation instructions have been used for any portion of the installation.
(1) The installation instructions shall be located between the I-beam and the bottom board within five feet of the main electrical feeder when the skirting has not been installed.
(2) When the skirting has been installed, the installation instructions shall be located between the I-beam and the bottom board within five feet of the access opening.
(3) Instructions shall be returned to such location when the inspection is completed.
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The following section of the Washington Administrative Code is repealed:
| WAC 296-150M-0400 | How do I apply for alteration approval and obtain an alteration insignia? |
OTS-2744.2
AMENDATORY SECTION(Amending WSR 97-16-043, filed 7/31/97, effective 12/1/97)
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, ((1997)) 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" ((1996 edition is the electrical code required for ANSI
A119.5 compliance.)) See Appendix 'C' of ANSI A119.2 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 43.22.420. 97-16-043, § 296-150P-0020, filed 7/31/97, effective 12/1/97.]
(1) We may prohibit the sale or lease of your recreational park trailer because it is unlawful for any person to sell, lease, or offer for sale a recreational park trailer within this state if it violates any of the requirements of this chapter (see RCW 43.22.345).
(2) If an inspection reveals that a recreational park trailer violates this chapter, we may post a notice prohibiting the sale or lease of a recreational park trailer.
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An applicant may apply for the use of alternate materials, alternate design and methods of construction different from the requirements of this chapter by filing a written request with the department.
(1) Responsibilities of applicant. The applicant must submit in writing the following information and sign and date the request.
(a) The applicant's name, address and phone number;
(b) The specific requirement or requirements from which the alternate material, alternate design or method of construction is requested;
(c) Adequate justification that the requirements of this chapter cannot be met without using alternate materials, alternate design or method of construction;
(d) How the use of alternate materials, alternate design or method of construction will achieve the same result as the requirement and any specific alternative measures to be taken to show the alternate provides the same level of protection to life, safety and health as the requirements.
The department has a form that you may use for your request. Contact the department at the address shown in the definition section.
(2) Responsibilities of the department. The department will provide a written response to the applicant within thirty days of receipt of the written request. The written response will state the acceptance or denial of the request, including the reasons for the department's decision. At a minimum the department will base its decision based on:
(a) The applicant's request as described in subsection (1) of this section;
(b) Research into the request;
(c) Expert advice.
(3) Applicant's response to denials. The applicant may appeal the department's decision by following the procedure in WAC 296-150P-0100.
[]
OTS-2745.2
AMENDATORY SECTION(Amending WSR 97-16-043, filed 7/31/97, effective 12/1/97)
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 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" ((1996 edition is the electrical code required for ANSI
A119.2 compliance.)) See Chapter 5 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 43.22.420. 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.]
(1) We may prohibit the sale or lease of your recreational vehicle because it is unlawful for any person to sell, lease, or offer for sale a recreational vehicle within this state if it violates any of the requirements of this chapter (see RCW 43.22.345).
(2) If an inspection reveals that a recreational vehicle violates this chapter, we may post a notice prohibiting the sale or lease of the recreational vehicle.
[]
An applicant may apply for the use of alternate materials, alternate design and methods of construction different from the requirements of this chapter by filing a written request with the department.
(1) Responsibilities of applicant. The applicant must submit in writing the following information and sign and date the request.
(a) The applicant's name, address and phone number;
(b) The specific requirement or requirements from which the alternate material, alternate design or method of construction is requested;
(c) Adequate justification that the requirements of this chapter cannot be met without using alternate materials, alternate design or method of construction;
(d) How the use of alternate materials, alternate design or method of construction will achieve the same result as the requirement and any specific alternative measures to be taken to show the alternate provides the same level of protection to life, safety and health as the requirements.
The department has a form that you may use for your request. Contact the department at the address shown in the definition section.
(2) Responsibilities of the department. The department will provide a written response to the applicant within thirty days of receipt of the written request. The written response will state the acceptance or denial of the request, including the reasons for the department's decision. At a minimum the department will base its decision based on:
(a) The applicant's request as described in subsection (1) of this section;
(b) Research into the request;
(c) Expert advice.
(3) Applicant's response to denials. The applicant may appeal the department's decision by following the procedure in WAC 296-150R-0100.
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