WSR 97-09-039

PROPOSED RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[Filed April 15, 1997, 10:50 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-03-082.

Title of Rule: Governor's Mobile Home and Recreational Vehicle Advisory Board; recreational vehicles and park trailers, commercial coaches, factory-built commercial structures and manufactured homes.

Purpose: Chapter 296-49 WAC, Governor's mobile home and recreational vehicle advisory board, state-initiated proposed revisions to chapter 296-49 WAC, Governor's mobile home and recreational vehicle advisory board, are made to clarify current board policies and practices, bring the chapter into compliance with RCW 43.22.420, Factory assembled structures advisory board, and to comply with the clear rule-writing recommendation contained in chapter 34.05 RCW, Administrative Procedure Act (see RCW 34.05.220(5)). Consequently, clear rule-writing techniques have been used to rewrite the entire chapter. Following the recommendation of the Office of the Code Reviser, chapter 296-49 WAC has been repealed in its entirety and replaced with chapter 296-49A WAC. The following sections of chapter 296-49 WAC have been repealed: WAC 296-49-005 Foreword, WAC 296-49-010 Definitions, WAC 296-49-015 Officers, WAC 296-49-020 Internal management, WAC 296-49-025 Duties, WAC 296-49-030 Hearings, WAC 296-49-035 Appearance and practice before board, WAC 296-49-040 Solicitation of business unethical, WAC 296-49-045 Standards of ethical conduct, WAC 296-49-050 Appearance by former employee, WAC 296-49-055 Former employee as expert witness, WAC 296-49-060 Computation of time, and WAC 296-49-065 Administrative Procedure Act.

State-initiated proposed clear rule-writing amendments to chapter 296-49A WAC, Director's Factory Assembled Structures Advisory Board are made to:

Move relevant existing chapter 296-49 WAC requirements into new sections in chapter 296-49A WAC.

Rewrite the rules in a clear rule-writing style.

Remove outdated and redundant language to make the rules easier to read.

Use questions for section titles to better describe the information contained in each rule section and to better engage the reader.

Use a less formal voice in the rules and eliminated the passive voice when possible.

Reorganize some rule sections to make them easier to use.

The following sections of chapter 296-49A WAC, Director's Factory Assembled Structures Advisory Board, have been rewritten in a clear rule- writing style without any substantive change to their content:

WAC 296-49A-060 How are board meetings conducted?

WAC 296-49A-090 Can a person appearing before the board solicit business?

The following sections of chapter 296-49A WAC, Director's Factory Assembled Structures Advisory Board, have been rewritten in a clear rule- writing style with state-initiated substantive changes to their content. Basically, the state-initiated substantive changes clarify current board policies and practices and bring the chapter into compliance with RCW 43.22.420, Factory Assembled Structures Advisory Board.

WAC 296-49A-010 What definitions apply to this chapter? Proposed changes are made to:

Include a definition of "section."

Move the definitions of "regular meeting" and "special meeting" to a new section WAC 296-49A-050 When does the board meet?

WAC 296-49A-020 What is the purpose of these rules? Proposed changes are made to clarify, update and highlight the purpose of these rules by creating this new separate section devoted to this purpose.

WAC 296-49A-030 What is the purpose of the board? Proposed changes are made to clarify, update and highlight the purpose of the board by creating this new separate section devoted to this purpose.

WAC 296-49A-040 Who are the members and officers of the board? Proposed changes are made to:

Clarify that board members are appointed by the director.

Specify the term of a board members' appointment.

Specify the size and composition of the board.

Clarify that board members will be reimbursed for travel expenses.

WAC 296-49A-050 When does the board meet? Proposed changes are made to:

Specify the regular meeting dates of the board.

Clarify that the director may call special board meetings.

Clarify that regular and special meetings are open to the public.

WAC 296-49A-070 What are the duties of the board? Proposed changes are made to:

Clarify that the board must review existing FAS rules every three years and make recommendations to the director.

Clarify that the board must review proposed rules and regulations and make recommendations to the director.

Specify that the board neither hears appeals nor renders decisions regarding the application or interpretation of any adopted rule or regulation.

Clarify the procedures for submitting written proposals to the board.

WAC 296-49A-080 Who can speak at board meetings? Proposed changes are made to:

Clarify that anyone can speak at a board meeting.

Clarify that anyone wishing to make a formal presentation to the board must be in good ethical standing with the board.

Insert a reference to WAC 296-49A-100.

WAC 296-49A-100 What standards of ethical conduct are expected of board members and persons appearing before the board? Proposed changes are made to:

Update this section by referencing the State of Washington Boards and Commissions Membership Handbook.

Clarify that this section applies to both board members and persons appearing before the board.

WAC 296-49A-110 What statute governs the adoption of FAS rules and regulations? Proposed changes are made to correct an error in the reference to the Administrative Procedure Act. The correct reference is chapter 34.05 RCW not chapter 34.04 RCW.

Chapter 296-150R WAC, Recreational vehicle and park trailers, state-initiated proposed revisions to chapter 296-150R WAC, Recreational vehicles and park trailers, will create separate WAC chapters for recreational vehicles and recreational park trailers. Consequently, chapter 296-150R WAC, Recreational vehicles and park trailers, is being retitled to chapter 296-150R WAC, Recreational vehicles and all section headings and sections have been amended to delete any reference to recreational park trailers.

In addition, state-initiated proposed amendments to WAC 296-150R-0040 Will you keep my manufacturing information confidential? add the phrase "unless we are ordered to do so by a court or otherwise required by law" clarifying the department's obligation to release manufacturing information. Also, state-initiated proposed amendments to WAC 296-150R-0100 What happens if I disagree with the department's decision regarding my compliance with this chapter and ANSI? add clarifying language to insure that the appeals process in chapter 34.05 RCW (Administrative Procedure Act) is available to those wishing to appeal a department compliance hearing decision. No other substantive content changes have been made in chapter 296-150R WAC. A housekeeping change was made in WAC 296-150R-0020 What definitions apply to this chapter? correcting the address given in the definition of "department."

Chapter 296-150P WAC, Recreational park trailers, state-initiated proposed revisions to chapter 296-150R WAC, Recreational vehicles and park trailers, will create a separate WAC chapter for recreational park trailers. Chapter 296-150P WAC, Recreational park trailers, is dedicated solely to recreational park trailer requirements and regulations. Substantive proposed changes in chapter 296-150P WAC, Recreational park trailers, are made to:

Reference all chapter language to recreational park trailers.

Adopt the 1997 ANSI A119.5 standard for recreational park trailers.

Add new structural system requirements for recreational park trailers based upon the 1997 edition of the ANSI recreational park trailer code (ANSI A119.5).

Delete self-certification as a process available to recreational park trailer manufacturers because the new structural system requirements in ANSI A119.5 (1997) essentially demand that the department inspect recreational park trailers to ensure that their structural systems conform to code. There are no "functionality tests" for structural systems.

Clarify state-plan manufacturer's responsibilities when a new ANSI code edition is adopted and their design plan and quality control manual remain identical to their original design plan (WAC 296-150P-0450(2)).

Add the phrase "unless we are ordered to do so by a court or otherwise required by law" to WAC 296-150P-0040 to clarify the department's obligation to release manufacturing information.

Add clarifying language to WAC 296-150P-0100 to insure that the appeals process in chapter 34.05 RCW (Administrative Procedure Act) is available to those wishing to appeal a department compliance hearing decision.

Chapter 296-150C WAC, Commercial coaches, chapter 296-150F WAC, Factory built housing and commercial structures and chapter 296-150M WAC, Manufactured Homes, state-initiated proposed amendments to the following sections add the phrase "unless we are ordered to do so by a court or otherwise required by law" clarifying the department's obligation to release manufacturing information.

WAC 296-150C-0040 Will you keep my manufacturing information confidential?

WAC 296-150F-0040 Will you keep my manufacturing information confidential?

WAC 296-150M-0040 Will you keep my manufacturing information confidential?

State-initiated proposed amendments to the following sections add clarifying language to insure that the appeals process in chapter 34.05 RCW (Administrative Procedure Act) is available to those wishing to appeal a department compliance hearing decision.

WAC 296-150C-0100 What happens if I disagree with the department's decision regarding my compliance with this chapter and ANSI?

WAC 296-150F-0100 What happens if I disagree with the department's decision regarding my compliance with this chapter and ANSI?

WAC 296-150M-0100 What happens if I disagree with the department's decision regarding my compliance with this chapter and ANSI?

Statutory Authority for Adoption: RCW 43.22.340 and 43.22.420.

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, 7273 Linderson Way, Tumwater, WA, (360) 902-5225; Implementation and Enforcement: Michael A. Silverstein, M.D., 7273 Linderson Way, Tumwater, WA, (360) 902-5495.

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. Since neither of the proposed rules will place an economic impact on business, the department is not required to prepare a small business economic impact statement. The department has determined that the proposed FAS board rule is a significant legislative rule and has concluded that the benefit of a clear and understandable rule can be implemented without any expense to business.

Section 201, chapter 403, Laws of 1995, applies to this rule adoption. 1. The FAS Advisory Board revision (chapter 296-49 WAC) is considered significant because the proposed rules adopt a substantive provision of RCW 43.22.420 through delegated legislative authority.

2. The amendment of chapter 296-150R WAC, Recreational vehicles and park trailers, to create a chapter devoted solely to recreational vehicles and the creation of a new separate WAC chapter for recreational park trailers (chapter 296-150P WAC, Recreational park trailers) is being driven by a national consensus code (ANSI Code) which the department is mandated by the legislature to adopt (RCW 43.22.340), therefore, this proposed rule revision is exempt from the significant legislative rule-making criteria (RCW 34.05.328 (5)(b)(iii)).

3. The amendments to chapters 296-150C, 296-150F and 296-150M WAC are not considered significant because they merely clarify the department's obligations regarding: a. Court ordered disclosures of manufacturing information and b. the availability of the Administrative Procedure Act (chapter 34.05 RCW) appeals process to those who wish to appeal a department compliance hearing decision.

Hearing Location: Department of Labor and Industries Building, Auditorium, 7273 Linderson Way, Tumwater, WA, on May 27, 1997, at 1:00 p.m.

Assistance for Persons with Disabilities: Contact George Huffman by May 16, 1997, (360) 902-6411.

Submit Written Comments to: Department of Labor and Industries, Attention: Pete Schmidt, Program Manager for Specialty Compliance, P.O. Box 44655, Olympia, WA 98504-4655, by no later than 5:00 p.m., June 3, 1997.

In addition to written comments, the department will accept comments submitted to FAX (360) 902-5292. Comments submitted by FAX must be ten pages or less.

Date of Intended Adoption: July 31, 1997.

April 8, 1997

Gary Moore

Director

REPEALER

The following chapter of the Washington Administrative Code is repealed:

WAC 296-49-005 Foreword.

WAC 296-49-010 Definitions.

WAC 296-49-015 Officers.

WAC 296-49-020 Internal management.

WAC 296-49-025 Duties.

WAC 296-49-030 Hearings.

WAC 296-49-035 Appearance and practice before board.

WAC 296-49-040 Solicitation of business unethical.

WAC 296-49-045 Standards of ethical conduct.

WAC 296-49-050 Appearance by former employee.

WAC 296-49-055 Former employee as expert witness.

WAC 296-49-060 Computation of time.

WAC 296-49-065 Administrative Procedure Act.

Chapter 296-49A WAC


DIRECTOR'S FACTORY ASSEMBLED STRUCTURES ADVISORY BOARD

NEW SECTION

WAC 296-49A-010 What definitions apply to this chapter? "Board" is the director's factory assembled structures advisory board.

"Department" is the Washington state department of labor and industries.

"Director" is the director of the department of labor and industries.

"Section" is the factory assembled structures (FAS) section of the department.

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NEW SECTION

WAC 296-49A-020 What is the purpose of these rules? The primary purpose of these rules is to establish a uniform means of communication between the department and persons, firms or corporations engaged in the manufacture of factory assembled structures. Generally, this communication will involve either proposed WAC rule revisions or the operation of the section.

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NEW SECTION

WAC 296-49A-030 What is the purpose of the board? The purpose of the board, as authorized by RCW 43.22.420, is to advise the director on all matters pertaining to the enforcement of chapter 43.22 RCW including but not limited to standards of body and frame design, construction and plumbing, heating and electrical installations, minimum inspection procedures and the adoption of rules and regulations pertaining to the manufacture of factory assembled structures, manufactured (mobile) homes, commercial coaches, recreational vehicles, and recreational park trailers.

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NEW SECTION

WAC 296-49A-040 Who are the members and officers of the board? The board has nine members. Each is appointed by the director to a four-year term. The members must represent consumer interests, regulated industries and allied professionals. Consequently, the composition of the board will be:

Two members representing consumers;

Two members representing manufactured housing;

Two members representing factory built structures;

One member representing recreational vehicles and recreational park trailers;

One member representing building officials; and

One member who will either be an architect or an engineer.

The board will elect a chairperson and vice-chairperson. The department's chief prefab building specialist shall serve as secretary of the board.

According to RCW 43.03.050 and 43.03.060, each board member shall be paid travel expenses. Those expenses will be paid out of department appropriations upon the presentation of a voucher approved by the director or the director's designee.

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NEW SECTION

WAC 296-49A-050 When does the board meet? The board holds regular quarterly meetings on the third Thursday of February, May, August and November. If needed, the director may call special meetings. Regular and special meetings are open to the public.

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NEW SECTION

WAC 296-49A-060 How are board meetings conducted? The board must adopt written rules of procedure governing its internal management. These rules must include Roberts' Rules of Order, Revised. Upon written request, copies of these rules of procedure must be provided to all interested persons.

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NEW SECTION

WAC 296-49A-070 What are the duties of the board? (1) Every three years the board must review existing FAS rules and recommend revisions if needed. Also, the board must review any new rules and regulations proposed by the director and make recommendations regarding their adoption.

(2) The board may periodically develop administrative procedures, organizational plans and rules for improving the operation of the section and submit them to the director for consideration.

(3) Upon the request of the director, the board will assist in the administrative interpretation of national codes and Washington state rules and regulations regarding all matters pertaining to the enforcement of chapter 43.22 RCW and the manufacture of factory assembled structures, manufactured (mobile) homes, commercial coaches, recreational vehicles, and recreational park trailers. This interpretative assistance will include but will not be limited to standards of body and frame design, construction and plumbing, heating and electrical installations, and minimum inspection procedures.

However, the board will neither function as a board of appeals nor will it render decisions regarding the application or interpretation of any adopted rule or regulation to any person, firm or corporation engaged in the business of manufacturing factory assembled structures.

(4) At any board meeting, the board must consider any written proposals made by any person, firm or corporation regarding new rules and regulations or changes in administrative procedures related to the section.

However, these written proposals must be submitted to the board's secretary at least fifteen days prior to the meeting so that they can be included on the meeting agenda and in the meeting packet distributed to board members. If the parties submitting these proposals wish to address them at that meeting, their proposals must be accompanied by a written request to address the board.

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NEW SECTION

WAC 296-49A-080 Who can speak at board meetings? Any person, firm or corporation can speak at board meetings. However, those persons, firms and corporations wishing to formally address the board regarding specific proposals relating to any FAS rule adoptions, amendments or repeals or changes in the section's administrative procedures must be in good ethical standing with the board. (See WAC 296-49A-100.)

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NEW SECTION

WAC 296-49A-090 Can a person appearing before the board solicit business? The board considers it unethical for anyone appearing before the board to use any kind of solicitor to solicit business or to solicit business through circulars, advertisements or by personal communications or interviews unwarranted by personal relations. It is permissible to publish or circulate business cards.

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NEW SECTION

WAC 296-49A-100 What standards of ethical conduct are expected of board members and persons appearing before the board? Anyone serving on the board or appearing before it must adhere to the standards described in "Ethics and the Appearance of Fairness," State of Washington Boards and Commissions Membership Handbook. Failure to conform to these standards may result in forfeiting the opportunity to either appear before the board or serve as a member.

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NEW SECTION

WAC 296-49A-110 What statute governs the adoption of FAS rules and regulations? All FAS rules and regulations will be adopted according to chapter 34.05 RCW, the Administrative Procedure Act.

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Chapter 296-150P WAC


RECREATIONAL PARK TRAILERS

NEW SECTION

WAC 296-150P-0010 Authority, purpose, and scope. (1) This chapter is authorized by RCW 43.22.335 through 43.22.434 and covers the requirements for:

(a) Obtaining state-plan status if you manufacture recreational park trailers for sale or lease in Washington state.

(b) Obtaining state-plan insignia if you manufacture recreational park trailers for sale or lease in Washington state.

(2) This chapter applies to:

(a) Manufacturers, dealers and individuals who build for sale, sell, or lease recreational park trailers in Washington state; and

(b) Manufacturers, dealers, and individuals who alter recreational park trailers for sale or lease in Washington state.

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NEW SECTION

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 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.

"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.

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NEW SECTION

WAC 296-150P-0030 How is this chapter enforced? (1) We enforce this chapter through the state-plan insignia approval process (see WAC 296-150P-0300 through 296-150P-0720).

(2) Recreational park trailer inspections occur where the recreational park trailers are manufactured, sold, or leased. We conduct inspections during normal work hours or at other reasonable times. We may require you to remove a part of the recreational park trailer in order to conduct our inspection.

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NEW SECTION

WAC 296-150P-0040 Will you keep my manufacturing information confidential? We will only release manufacturing information, such as design plans, specifications, test results, and manuals, according to the Public Records Act (see RCW 42.17.310 (1)(h)) unless we are ordered to do so by a court or otherwise required by law.

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NEW SECTION

WAC 296-150P-0060 Who handles consumer complaints about recreational park trailers? (1) Consumers may file complaints with us, if they have reason to believe a manufacturer and/or dealer is in violation of this chapter and ANSI.

(2) The complaint should be in writing and describe the items that may not comply with this chapter and ANSI.

(3) After we receive the complaint, we will send the manufacturer and/or the dealer a copy of the complaint. The manufacturer and/or dealer has thirty days to respond to the complaint.

(4) If we decide an inspection is warranted and specific code violation(s) are found during the inspection, the manufacturer or dealer is charged for the inspection.

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NEW SECTION

WAC 296-150P-0100 What happens if I disagree with the department's decision regarding my compliance with this chapter and ANSI? (1) If we determine that you are in violation of this chapter and ANSI, you will receive a notice of noncompliance and we may withdraw your certification. (See WAC 296-150P-0710.)

(2) If you disagree with our decision, you can send us a written request for a hearing, stating why you disagree.

(3) After we receive your hearing request, we will:

(a) Schedule a hearing within thirty days after we receive your request.

(b) Notify you of the time, date, and place for the hearing. If you fail to appear, your case will be dismissed.

(c) Hear your case.

(d) Send you written notice of our decision.

If you disagree with our decision, you may appeal it under the Administrative Procedure Act (chapter 34.05 RCW).

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NEW SECTION

WAC 296-150P-0110 Do you have an advisory board to address recreational park trailer issues? The factory assembled structures (FAS) board advises us on issues relating to plumbing, heating, electrical, installation, alterations, inspections, and rules for recreational park trailers. (See RCW 43.22.420.)

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NEW SECTION

WAC 296-150P-0120 Where can I obtain technical assistance regarding recreational park trailers? We provide field technical service to recreational park trailer manufacturers for an hourly fee (see WAC 296-150P-3000). 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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NEW SECTION

WAC 296-150P-0130 Do you allow recreational park trailers to be displayed without an insignia? We allow one recreational park trailer to be displayed without an insignia, if you:

(1) Get written approval from us in advance of displaying the unit; we should receive your written request at least thirty days prior to display of the unit. Your request must include:

(a) The model and serial number of the unit;

(b) The location where the unit will be displayed; and

(c) The date(s) the unit will be displayed.

(2) Are licensed in Washington state through the department of licensing;

(3) Have your approval letter available at the display;

(4) Place three visible signs on the display unit:

(a) One at the main entry door;

(b) One inside the front of the unit; and

(c) One inside the back of the unit.

The signs must read: not for sale - display only.

The letters on the sign must be one inch or higher.

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REQUIREMENTS FOR INSIGNIA AND OTHER IDENTIFICATION

NEW SECTION

WAC 296-150P-0200 Who should obtain recreational park trailer insignia? (1) If you manufacture recreational park trailers to be sold or leased in Washington, you must purchase a state-plan insignia for each recreational park trailer.

(2) Individuals that build recreational park trailers to sell or lease in Washington must purchase an insignia.

(3) If you have a recreational park trailer with a state-plan insignia and you plan to alter or have another person alter it, you must obtain an alteration insignia from us.

Note: You do not need to purchase our insignia if you manufacture recreational park trailers in Washington for sale outside the state.

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NEW SECTION

WAC 296-150P-0210 How do I obtain insignia information and the forms you require? Upon request, we will provide you with a packet of information that includes required forms and fee schedule for obtaining the state-plan insignia. Our address is noted in the definition of department.

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NEW SECTION

WAC 296-150P-0220 How do I obtain insignia based on state-plan approval? (1) If you are approved to purchase insignia based on state-plan approval, you may purchase the insignia by submitting the insignia application with the required fees. (See WAC 296-150P-3000.)

(2) The application must include:

(a) A signed statement from you certifying that you are manufacturing your units according to your approved design plans and your quality control program; and

(b) A list of the approved design plans against which you will apply the insignia.

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NEW SECTION

WAC 296-150P-0250 How do I replace lost or damaged insignia? (1) If an insignia is lost or damaged after it is placed on a recreational park trailer and you are the manufacturer or owner, you must notify us in writing immediately.

(2) Your notification should include the following information:

(a) Your name, address, and telephone number;

(b) The recreational park trailer serial number;

(c) The insignia number and design-plan approval number, if applicable; and

(d) The required fee. (See WAC 296-150P-3000.)

(3) If we can determine that your unit previously had an insignia, we will attach the insignia to your recreational park trailer once we receive your insignia fee. (See WAC 296-150P-3000.)

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NEW SECTION

WAC 296-150P-0280 What other identification is required? Every new recreational park trailer manufactured, offered for sale or lease, or sold or leased in Washington must also have a vehicle identification number (VIN) label in compliance with the Federal Department of Transportation (DOT) safety standards.

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NEW SECTION

WAC 296-150P-0290 When and where should the insignia and the identification label be attached to the recreational park trailer? (1) Insignia must be attached to the finished recreational park trailer before it leaves the approved manufacturer's location.

(2) The state-plan insignia must be attached adjacent to the main door, on the strike side of the door, at least twelve inches above the floor line. The strike side of the door is opposite the hinge side of the door.

(3) The alteration insignia must be attached next to the certification insignia.

(4) The identification number (VIN) label must be attached on the recreational park trailer as required by the Federal Department of Transportation. Any other identification label must be attached next to the certification insignia or on the exterior front half of the left side of the recreational park trailer, at least six inches above the floor line.

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STATE PLAN

NEW SECTION

WAC 296-150P-0300 What is required to obtain insignia based on state-plan approval? If you want to obtain insignia based on state-plan approval, you must:

(1) Have your design plan and quality control manual approved by us; and

(2) Pass a quality control program audit which includes a random inspection of your recreational park trailers.

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NEW SECTION

WAC 296-150P-0310 What is required after I am approved as a state-plan manufacturer? Once you have obtained approval as a state-plan manufacturer:

(1) You are required to submit comprehensive design plans to us for approval;

(2) You can inspect your own recreational park trailer based upon your quality control manual specifications; and

(3) You are subject to a semiannual audit at your manufacturing location(s).

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DESIGN PLAN

NEW SECTION

WAC 296-150P-0320 How do I apply for design-plan approval? Upon request, we will send you a design-plan approval request form.

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NEW SECTION

WAC 296-150P-0330 What is required for comprehensive design-plan approval? If you are the manufacturer applying for state-plan approval:

(1) You must submit two sets of comprehensive design plans (do not send originals) to us for approval. Design plans must be accompanied by the initial filing fee, if appropriate, and the design-plan fee. (See WAC 296-150P-3000.)

(2) Your comprehensive design plan must indicate compliance with the appropriate ANSI standards in the following plans and drawings:

(a) 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, of each recreational park trailer.

(b) 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.

(c) Electrical drawings.

(d) Structural drawings showing compliance with ANSI A119.5, Chapter 5.

Note: We will provide a check list with detailed requirements for each type of plan upon request.

(3) Current comprehensive design plans must be available at each manufacturing location.

(4) You must have an approved quality control manual. (See WAC 296-150P-0400, 296-150P-0410.)

Note: You do not need a quality control manual if you are an individual asking us to inspect a recreational park trailer.

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NEW SECTION

WAC 296-150P-0340 What happens if you approve my design plan? (1) Your design plan will be approved if it complies with the requirements of this chapter and ANSI.

(2) We will send you an approved copy of the design plan with the approval number.

(3) You must keep copies of the approved design plan for all models produced at the manufacturing location.

(4) If your design plan is not approved, you will be notified in writing of plan deficiencies. You may send a corrected design plan to us.

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NEW SECTION

WAC 296-150P-0350 If my design plan is not approved, how much time do I have to submit a correct plan? (1) You have ninety days to correct and resubmit your original design plan and send us the resubmittal fee once we notify you of plan deficiencies. After ninety days, your initial design plan is returned to you.

(2) If you submit your corrected design plan after ninety days, you must send the initial design-plan fee instead of the resubmittal fee. (See WAC 296-150R-3000.)

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QUALITY CONTROL PROGRAM/MANUAL

NEW SECTION

WAC 296-150P-0400 What constitutes an acceptable quality control program/manual for state-plan insignia? Your quality control program must implement your approved quality control manual. The quality control manual must provide instructions, procedures, and assign responsibilities to assure quality control requirements are met when the recreational park trailers are manufactured. The minimum quality control manual requirements are:

(1) An organization chart which identifies quality assurance positions and describes quality control responsibilities and accountability for the following plant personnel: General manager, plant production manager, plant foreperson, lead persons, production, quality control, sales, engineering, purchasing, and receiving staff;

(2) A method to distribute all comprehensive design plans and installation instructions or other documentation that ensures all products used are installed correctly in all recreational park trailer models produced at each manufacturing location;

(3) Procedures for maintaining the quality assurance of each recreational park trailer model;

(4) Drawings and procedures displaying manufacturing processes including a schematic plant layout;

(5) Descriptions of production stations, including surge-hold stations, on-site or off-site repair-rework locations, and off-line construction sites. Descriptions should identify by station and location the work, tests, or inspections performed and the job title of the person performing the quality control review;

(6) Inspection and equipment maintenance instructions, including jig maintenance, check-off lists, and other documentation verifying quality control performance and accountability;

(7) Coordination of staff duties ensuring smooth transition of manufacturing responsibilities during the shift change;

(8) Instructions regarding the identification, control, and handling of damaged goods or materials that do not comply with existing rules and ANSI;

(9) Information about recreational park trailer material storage and environmental control including protection from the weather and the elimination of scrap and age-dated materials which have exceeded their life;

(10) Verification that testing equipment is properly calibrated and that your gauges are accurate;

(11) Information about production line testing which includes descriptions of procedures, test equipment, and the location of each test. The information should demonstrate accountability for test completion, for rework and repair, and for retesting;

(12) Instructions, procedures, descriptions, and responsibilities for insignia storage, security, application, and inventory;

(13) Procedures for mixed production lines, for variable production rates, for new or substitute personnel, and for new or changed inspections and tests;

(14) Instructions, procedures, and responsibilities for keeping recreational park trailer records which include the unit serial number, model, plan approval number, dealer location or destination, insignia number, inspection, and test results;

(15) Information about your quality control training program; and

(16) Procedures for introducing new designs, models, materials and equipment to staff that ensures products are built according to the standards and the manufacturer's instructions.

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NEW SECTION

WAC 296-150P-0410 How do I apply to have my quality control manual approved? We will provide the form and instructions upon request.

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NEW SECTION

WAC 296-150P-0420 What happens if my quality control manual is approved? (1) Your quality control manual will be approved if it meets the requirements of this chapter and ANSI.

(2) We will send you an approved copy of your quality control manual.

(3) If your quality control manual is not approved, you will be notified in writing of the deficiencies. You may send us a corrected quality control manual.

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DESIGN PLAN/QUALITY CONTROL MANUAL--REVIEW, CHANGE/ADDENDUM, EXPIRATION, AND RENEWAL

NEW SECTION

WAC 296-150P-0440 Do I need approval to change my design plan or quality control manual after I receive state-plan approval? (1) Once you have received state-plan approval and you want to change your design plan or quality control manual, we must approve the changes/addenda.

(2) You should send design plan or quality control manual changes to us thirty days before you want the changes/addenda to take effect.

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NEW SECTION

WAC 296-150P-0450 When does state-plan insignia approval expire? (1) As a state-plan manufacturer, your approval for insignia is based upon approval of your design plan and quality control manual. Design plans are considered approved until a new ANSI code edition is adopted or unless revisions to ANSI prior to code changes would not support our design-plan approval.

(2) If, after the new ANSI code edition is adopted, your design plan and quality control manual remain identical (you may change the model name or designation) to your original design plan, you only need to submit the new plan fee and the plan approval request. (Do not send plans.)

Note: ANSI codes are normally adopted for a three-year period.

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INSPECTION

NEW SECTION

WAC 296-150P-0600 When does a manufacturer, individual builder, or a dealer need to request a recreational park trailer inspection? If you are a manufacturer, individual builder, or a dealer, you must request a recreational park trailer inspection by us:

(1) If you have approval of your design plan and quality control manual and need to complete the state-plan process;

(2) If you are making a recreational park trailer alteration which must be inspected and approved by us; or

(3) If you are correcting a violation which must be inspected and approved by us.

Note: An individual who is building a recreational park trailer to own, sell, or lease must obtain an identification number from the state patrol prior to our issuance of certification insignia.

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NEW SECTION

WAC 296-150P-0610 How do I request a recreational park trailer inspection and what documentation is required? (1) Complete an inspection application which can be obtained from us.

(2) Send the completed application, application fee, and inspection fee to us prior to the date you would like an inspection performed. (See WAC 296-150P-3000.)

(3) During the inspection, have your approved design plans, specifications, and test results available for our inspector.

(4) A recreational park trailer inspection will be completed in two or more phases. The "cover" inspection during the construction of the unit before the electrical, plumbing, mechanical, heating, and structural systems are covered. The final inspection takes place after the recreational park trailer is complete.

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NEW SECTION

WAC 296-150P-0620 What happens if my recreational park trailer passes inspection? (1) If your recreational park trailer passes inspection and you have met the other requirements of this chapter and ANSI, you will be approved to purchase state-plan insignia from us.

(2) If you send your insignia application and fee to us prior to the inspection, we will attach your insignia when we approve the recreational park trailer.

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NEW SECTION

WAC 296-150P-0630 What happens if my recreational park trailer does not pass inspection? (1) If your recreational park trailer does not pass inspection, you will receive a notice of noncompliance.

(2) You have ten days after receiving the notice of noncompliance to send us a written response explaining how you will correct the violation(s) and prevent its reoccurrence.

(3) You are not allowed to move, sell or lease a recreational park trailer until:

(a) You correct the violation(s);

(b) We inspect and approve the correction(s); and

(c) You pay the inspection fee and the insignia fee, if required. (See WAC 296-150P-3000.)

(4) If you fail to make the corrections, the sale or lease of your recreational park trailer is prohibited by RCW 43.22.340 until the corrections are made.

Note: You will be allowed to return a recreational park trailer to the manufacturing location or to another location for correction with our approval.

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NEW SECTION

WAC 296-150P-0640 Am I charged if I request an inspection but I am not prepared? (1) If you ask us to inspect recreational park trailers within Washington state but are not prepared when we arrive, you must pay the minimum inspection fee and travel.

(2) If you ask us to inspect recreational park trailers outside Washington state but are not prepared when we arrive, you must pay the minimum inspection fee, travel, and per diem expenses.

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AUDIT

NEW SECTION

WAC 296-150P-0700 What does our annual quality control program audit for state-plan insignia include? (1) During your annual audit for state-plan insignia, we will review your quality control program and randomly inspect your recreational park trailer.

(2) If our audit indicates that you are complying with the requirements of this chapter and ANSI, you may purchase state-plan insignia.

(3) If we discover a quality control program deficiency or a recreational park trailer violation during our audit, you will receive a notice of noncompliance and cannot purchase state-plan insignia until the deficiency or violation is corrected.

(a) You can correct the deficiency or violation during the audit; or

(b) You have fourteen days after receiving the notice of noncompliance to send us a written response explaining your correction of the deficiency or violation; and

(c) You are subject to a follow-up audit.

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LOSS OF STATE-PLAN APPROVAL

NEW SECTION

WAC 296-150P-0710 Can you withdraw my state-plan insignia approval? Should you fail to meet the requirements of this chapter or ANSI after you have been approved to purchase state-plan insignia, we will withdraw your certification.

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NEW SECTION

WAC 296-150P-0720 What happens if my state-plan insignia approval is withdrawn? If your state-plan insignia approval is withdrawn because you have failed to comply with this chapter and ANSI:

(1) You must return any issued but unused insignia to us; and

(2) You cannot sell or lease recreational park trailers in Washington.

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RECREATIONAL PARK TRAILER ALTERATIONS

NEW SECTION

WAC 296-150P-1000 Who needs approval to alter a recreational park trailer? Any alteration by a manufacturer, dealer, or individual to a recreational park trailer with state-certified insignia must be approved by us before the alteration is made. "Alteration" is defined in WAC 296-150P-0020.

Note: We may remove your insignia if you alter or have someone alter a recreational park trailer without our approval.

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NEW SECTION

WAC 296-150P-1010 Must I purchase a separate insignia for an alteration? You are required to purchase an alteration insignia from us.

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NEW SECTION

WAC 296-150P-1020 How do I apply for alteration approval and obtain the alteration insignia? (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.

(b) Submit the completed forms, with the inspection fee and altered recreational park trailer insignia fee, to us. (See WAC 296-150P-3000.)

(2) Our recreational park trailer inspection of the alteration will be in two or more phases. The "cover" inspection during the alteration of the unit before the electrical, plumbing, mechanical, heating, structural or other systems are covered. The final inspection takes place after the alteration inspection is complete.

(3) Once we approve your alteration, we will attach the alteration insignia.

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MANUFACTURER'S NOTICE TO THE DEPARTMENT

NEW SECTION

WAC 296-150P-2000 Must state-plan manufacturers notify you if they manufacture at more than one location? (1) We must approve each recreational park trailer manufacturing location producing units for sale or lease in Washington state.

(2) You must send us the following information for each manufacturing location when you are certified:

(a) Company name;

(b) Mailing and physical address;

(c) Phone and FAX number if available;

(d) Type of recreational park trailer(s) manufactured;

(e) Contact person for plan review; and

(f) Contact person for plant audit.

(3) You must update the information as it changes.

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NEW SECTION

WAC 296-150P-2010 Must state-plan manufacturers notify you if they change a business name or address? (1) If you are moving your business from an approved manufacturing location, the new location must be approved before shipping units from that location for sale or lease in Washington state.

(2) You must notify us in writing prior to a change of business name or address.

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NEW SECTION

WAC 296-150P-2020 Must state-plan manufacturers notify you of a change in business ownership? (1) When a recreational park trailer manufacturing business changes ownership, the new owner must notify us in writing immediately.

(2) A new owner may continue to manufacture recreational park trailers using approved design plans or comprehensive design plans according to this chapter.

(3) The department will perform an audit of the manufacturer after the ownership change to ensure you are meeting the requirements of this chapter and ANSI.

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NEW SECTION

WAC 296-150P-2030 Must state-plan manufacturers notify you of their Washington dealers? (1) You must send us the following information about yourself and each of your Washington dealers when you are certified:

(a) Dealership name;

(b) Mailing and physical address;

(c) Phone and FAX number if available;

(d) Type of recreational park trailer(s); and

(e) Contact person.

(2) You must update this information as it changes.

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RECREATIONAL PARK TRAILER FEES

[Open Style:Columns Off]

NEW SECTION

WAC 296-150P-3000 Recreational park trailer fees.

(WAC 296-150P-3000, Illus. 1)






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[Open Style:Columns On]

Chapter 296-150R WAC


RECREATIONAL VEHICLES ((AND PARK TRAILERS))

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

WAC 296-150R-0010 Authority, purpose, and scope. (1) This chapter is authorized by RCW ((43.22.340)) 43.22.335 through 43.22.434 and covers the requirements for:

(a) Obtaining state-plan or self-certified status if you manufacture recreational vehicles ((or park trailers)) for sale or lease in Washington state.

(b) Obtaining state-plan or self-certified insignia if you manufacture recreational vehicles ((or park trailers)) for sale or lease in Washington state.

(2) This chapter applies to:

(a) Manufacturers, dealers and individuals who build for sale, sell, or lease recreational vehicles ((or park trailers)) in Washington state; and

(b) Manufacturers, dealers, and individuals who alter recreational vehicles ((and park trailers)) for sale or lease in Washington state.

[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-0010, filed 10/23/96, effective 11/25/96.]

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

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 ((or 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 vehicle alteration was approved by the department.

"ANSI" is the American National Standards Institute, Inc., and the institute's rules applicable to recreational vehicles ((and park trailers)). For the purposes of this chapter, references to ANSI mean ANSI A119.2 Recreational Vehicles, 1996 edition((, and ANSI A119.5 Park Trailers, 1993 edition, as appropriate)).

"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 ((or park trailers)).

"Dealer" is a person or organization whose business is offering recreational vehicles ((or 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 ((44440)) 44430, Olympia, WA 98504-((4440)) 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 ((or park trailer)) manufacturer.

"National Electrical Code" 1996 edition is the electrical code required for ANSI A119.2 compliance. ((The National Electrical Code 1993 edition is the electrical code required for ANSI A119.5 compliance.

"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 in the set-up mode of less than 400 square feet (37.2 square meters); 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.

"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 ((or park trailer)) 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 ((or a park trailer)).

[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.]

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

WAC 296-150R-0030 How is this chapter enforced? (1) We enforce this chapter through:

(a) The state plan insignia approval process (see WAC 296-150R-0300 through 296-150R-0720); or

(b) The self-certification insignia approval process (see WAC 296-150R-0800 through 296-150R-0930).

(2) Vehicle inspections occur where the recreational vehicles ((or park trailers)) are manufactured, sold, or leased. We conduct inspections during normal work hours or at other reasonable times. We may require you to remove a part of the recreational vehicle ((or park trailer)) in order to conduct our inspection.

[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-0030, filed 10/23/96, effective 11/25/96.]

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

WAC 296-150R-0040 Will you keep my manufacturing information confidential? We will only release manufacturing information, such as design plans, specifications, test results, and manuals, according to the Public Records Act((.)) (see RCW 42.17.310 (1)(h)((.))) unless we are ordered to do so by a court or otherwise required by law.

[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-0040, filed 10/23/96, effective 11/25/96.]

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

WAC 296-150R-0060 Who handles consumer complaints about recreational vehicles ((and park trailers))? (1) Consumers may file complaints with us, if they have reason to believe a manufacturer and/or dealer is in violation of this chapter and ANSI.

(2) The complaint should be in writing and describe the items that may not comply with this chapter and ANSI.

(3) After we receive the complaint, we will send the manufacturer and/or the dealer a copy of the complaint. The manufacturer and/or dealer has thirty days to respond to the complaint.

(4) If we decide an inspection is warranted and specific code violation(s) are found during the inspection, the manufacturer or dealer is charged for the inspection.

[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-0060, filed 10/23/96, effective 11/25/96.]

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

WAC 296-150R-0100 What happens if I disagree with the department's decision regarding my compliance with this chapter and ANSI? (1) If we determine that you are in violation of this chapter and ANSI, you will receive a notice of noncompliance and we may withdraw your certification. (See WAC 296-150R-0710, 296-150R-0920.)

(2) If you disagree with our decision, you can send us a written request for a hearing, stating why you disagree.

(3) After we receive your hearing request, we will:

(a) Schedule a hearing within thirty days after we receive your request.

(b) Notify you of the time, date, and place for the hearing. If you fail to appear, your case will be dismissed.

(c) Hear your case.

(d) Send you written notice of our decision.

If you disagree with our decision, you may appeal it under the Administrative Procedure Act (chapter 34.05 RCW).

[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-0100, filed 10/23/96, effective 11/25/96.]

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

WAC 296-150R-0110 Do you have an advisory board to address recreational vehicle ((and park trailer)) issues? The factory assembled structures (FAS) board advises us on issues relating to plumbing, heating, electrical, installation, alterations, inspections, and rules for recreational vehicles ((and park trailers)). (See RCW 43.22.420.)

[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-0110, filed 10/23/96, effective 11/25/96.]

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

WAC 296-150R-0120 Where can I obtain technical assistance regarding recreational vehicles ((and park trailers))? We provide field technical service to recreational vehicle ((and park trailer)) manufacturers for an hourly fee (see WAC 296-150R-3000). 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.

[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-0120, filed 10/23/96, effective 11/25/96.]

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

WAC 296-150R-0130 Do you allow recreational vehicles ((and park trailers)) to be displayed without an insignia? We allow one recreational vehicle ((or park trailer)) to be displayed without an insignia, if you:

(1) Get written approval from us in advance of displaying the unit; we should receive your written request at least thirty days prior to display of the unit. Your request must include:

(a) The model and serial number of the unit;

(b) The location where the unit will be displayed; and

(c) The date(s) the unit will be displayed.

(2) Are licensed in Washington state through the department of licensing;

(3) Have your approval letter available at the display;

(4) Place three visible signs on the display unit:

(a) One at the main entry door;

(b) One inside the front of the unit; and

(c) One inside the back of the unit.

The signs must read: Not For Sale - Display Only.

The letters on the sign must be one inch or higher.

[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-0130, filed 10/23/96, effective 11/25/96.]

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

WAC 296-150R-0200 Who should obtain recreational vehicle ((and park trailer)) insignia? (1) If you manufacture recreational vehicles ((or park trailers)) to be sold or leased in Washington, you must purchase either a state-plan or self-certified insignia for each vehicle.

(2) Individuals that build recreational vehicles ((or park trailers)) to sell or lease in Washington must purchase an insignia.

(3) If you have a vehicle with either a state-plan or self-certified insignia and you plan to alter or have another person alter it, you must obtain an alteration insignia from us.

Note: You do not need to purchase our insignia if you manufacture recreational vehicles ((or park trailers)) in Washington for sale outside the state.

[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-0200, filed 10/23/96, effective 11/25/96.]

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

WAC 296-150R-0250 How do I replace lost or damaged insignia? (1) If an insignia is lost or damaged after it is placed on a recreational vehicle ((or park trailer)) and you are the manufacturer or owner, you must notify us in writing immediately.

(2) Your notification should include the following information:

(a) Your name, address, and telephone number;

(b) The vehicle identification number or serial number and model;

(c) The insignia number and design-plan approval number, if applicable; and

(d) The required fee. (See WAC 296-150R-3000.)

(3) If we can determine that your unit previously had an insignia, we will attach the insignia to your vehicle once we receive your insignia fee. (See WAC 296-150R-3000.)

[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-0250, filed 10/23/96, effective 11/25/96.]

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

WAC 296-150R-0280 What other vehicle identification is required? Every new recreational vehicle ((or park trailer)) manufactured, offered for sale or lease, or sold or leased in Washington must also have a vehicle identification number (VIN) label in compliance with the Federal Department of Transportation (DOT) safety standards.

Note: Truck campers do not require a vehicle identification number (VIN). They have a manufacturer's serial number.

[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-0280, filed 10/23/96, effective 11/25/96.]

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

WAC 296-150R-0400 What constitutes an acceptable quality control program/manual for state-plan insignia? Your quality control program must implement your approved quality control manual. The quality control manual must provide instructions, procedures, and assign responsibilities to assure quality control requirements are met when vehicles are manufactured. The minimum quality control manual requirements are:

(1) An organization chart which identifies quality assurance positions and describes quality control responsibilities and accountability for the following plant personnel: General manager, plant production manager, plant foreperson, lead persons, production, quality control, sales, engineering, purchasing, and receiving staff;

(2) A method to distribute all comprehensive design plans and installation instructions or other documentation that ensures all products used are installed correctly in all recreational vehicle ((or park trailer)) models produced at each manufacturing location;

(3) Procedures for maintaining the quality assurance of each vehicle model;

(4) Drawings and procedures displaying manufacturing processes including a schematic plant layout;

(5) Descriptions of production stations, including surge-hold stations, on-site or off-site repair-rework locations, and off-line construction sites. Descriptions should identify by station and location the work, tests, or inspections performed and the job title of the person performing the quality control review;

(6) Inspection and equipment maintenance instructions, including jig maintenance, check-off lists, and other documentation verifying quality control performance and accountability;

(7) Coordination of staff duties ensuring smooth transition of manufacturing responsibilities during the shift change;

(8) Instructions regarding the identification, control, and handling of damaged goods or materials that do not comply with existing rules and ANSI;

(9) Information about recreational vehicle ((and park trailer)) material storage and environmental control including protection from the weather and the elimination of scrap and age-dated materials which have exceeded their life;

(10) Verification that testing equipment is properly calibrated and that your gauges are accurate;

(11) Information about production line testing which includes descriptions of procedures, test equipment, and the location of each test. The information should demonstrate accountability for test completion, for rework and repair, and for retesting;

(12) Instructions, procedures, descriptions, and responsibilities for insignia storage, security, application, and inventory;

(13) Procedures for mixed production lines, for variable production rates, for new or substitute personnel, and for new or changed inspections and tests;

(14) Instructions, procedures, and responsibilities for keeping vehicle records which include the unit serial number, model, plan approval number, dealer location or destination, insignia number, inspection, and test results;

(15) Information about your quality control training program; and

(16) Procedures for introducing new designs, models, materials and equipment to staff that ensures products are built according to the standards and the manufacturer's instructions.

[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-0400, filed 10/23/96, effective 11/25/96.]

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

WAC 296-150R-0640 Am I charged if I request an inspection but I am not prepared? (1) If you ask us to inspect recreational vehicles ((or park trailers)) within Washington state but are not prepared when we arrive, you must pay the minimum inspection fee and travel.

(2) If you ask us to inspect recreational vehicles ((or park trailers)) outside Washington state but are not prepared when we arrive, you must pay the minimum inspection fee, travel, and per diem expenses.

[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-0640, filed 10/23/96, effective 11/25/96.]

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

WAC 296-150R-0850 What constitutes an acceptable quality control program/manual for self-certification? Your quality control program must implement your approved quality control manual. The quality control manual must provide instructions, procedures, and assign responsibilities to assure quality control expectations are met when vehicles are manufactured. The minimum quality control manual requirements are:

(1) An organization chart which identifies quality assurance positions and describes quality control responsibilities and accountability for the following plant personnel: General manager, plant production manager, plant foreperson, lead persons, production, quality control, sales, engineering, purchasing and receiving staff;

(2) A method to distribute all comprehensive design plans and installation instructions or other documentation that ensures all products used are installed correctly in all recreational vehicle ((or park trailer)) models produced at each manufacturing location;

(3) Procedures for maintaining the quality assurance of each vehicle model;

(4) Drawings and procedures displaying manufacturing processes including a schematic plant layout;

(5) Descriptions of production stations, including surge-hold stations, on-site or off-site repair-rework locations, and off-line construction sites. Descriptions should identify by station and location the work, tests, or inspections performed and the job title of the person performing the quality control review;

(6) Inspection and equipment maintenance instructions, including jig maintenance, check-off lists, and other documentation verifying quality control performance and accountability;

(7) Coordination of staff duties ensuring smooth transition of manufacturing responsibilities during the shift change;

(8) Instructions regarding the identification, control, and handling of damaged goods or materials that do not comply with existing rules and ANSI;

(9) Information about recreational vehicle ((and park trailer)) material storage and environmental control including protection from the weather and the elimination of scrap and age-dated materials which have exceeded their life;

(10) Verification that testing equipment is properly calibrated and that your gauges are accurate;

(11) Information about production line testing which includes descriptions of procedures, test equipment, and the location of each test. The information should demonstrate accountability for test completion, for rework and repair, and for retesting;

(12) Instructions, procedures, descriptions, and responsibilities for insignia storage, security, application, and inventory;

(13) Procedures for mixed production lines, for variable production rates, for new or substitute personnel, and for new or changed inspections and tests;

(14) Instructions, procedures, and responsibilities for keeping vehicle records which include the unit serial number, model, plan approval number (if applicable), dealer location or destination, insignia number, inspection, and test results;

(15) Information about your quality control training program;

(16) Procedures for introducing new designs, models, materials and equipment to staff that ensures products are built according to the standards and the manufacturer's instructions; and

(17) Written authorization as required in WAC 296-150R-0800(5).

[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-0850, filed 10/23/96, effective 11/25/96.]

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

WAC 296-150R-1000 Who needs approval to alter a recreational vehicle ((or park trailer))? (1) Any alteration by a manufacturer, dealer, or individual to a vehicle with state-certified insignia must be approved by us before the alteration is made. "Alteration" is defined in WAC 296-150R-0020.

(2) Any alteration by a manufacturer, dealer, or individual to a vehicle with self-certified insignia after it leaves the manufacturer's location must be approved by us before the alteration is made.

Note: We may remove your insignia if you alter or have someone alter a vehicle without our approval.

[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-1000, filed 10/23/96, effective 11/25/96.]

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

WAC 296-150R-2000 Must state-plan and self-certified manufacturers notify you if they manufacture at more than one location? (1) We must approve each recreational vehicle ((and park trailer)) manufacturing location producing units for sale or lease in Washington state.

(2) You must send us the following information for each manufacturing location when you are certified:

(a) Company name;

(b) Mailing and physical address;

(c) Phone and FAX number if available;

(d) Type of recreational vehicle(s) manufactured;

(e) Contact person for plan review; and

(f) Contact person for plant audit.

(3) You must update the information as it changes.

[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-2000, filed 10/23/96, effective 11/25/96.]

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

WAC 296-150R-2020 Must state-plan and self-certified manufacturers notify you of a change in business ownership? (1) When a recreational vehicle ((or park trailer)) manufacturing business changes ownership, the new owner must notify us in writing immediately.

(2) A new owner may continue to manufacture vehicles using approved design plans or comprehensive design plans according to this chapter.

(3) The department will perform a comprehensive audit of the manufacturer after the ownership change to ensure you are meeting the requirements of this chapter and ANSI.

[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-2020, filed 10/23/96, effective 11/25/96.]

[Open Style:Columns Off]

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

WAC 296-150R-3000 ((Table of)) Recreational vehicle ((and park trailer)) fees ((for insignia approval)).

(WAC 296-150R-3000, Illus. 1)






[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-3000, filed 10/23/96, effective 11/25/96.]

[Open Style:Columns On]

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

WAC 296-150C-0040 Will you keep my manufacturing information confidential? We will only release manufacturing information such as design plans, specifications, and test results according to the requirements of the Public Records Act((.)) (see RCW 42.17.310 (1)(h)((.))) unless we are ordered to do so by a court or otherwise required by law.

[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-0040, filed 10/23/96, effective 11/25/96.]

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

WAC 296-150C-0100 What happens if I disagree with your decision regarding my compliance with this chapter? (1) If we determine that you are in violation of this chapter, you will receive a notice of noncompliance. (See WAC 296-150C-0560.)

(2) If you disagree with our decision, you can send us a written request for a hearing, stating why you disagree.

(3) After we receive your hearing request, we will:

(a) Schedule a hearing within thirty days after we receive your request.

(b) Notify you of the time, date, and place for the hearing. If you fail to appear, your case will be dismissed.

(c) Hear your case.

(d) Send you written notice of our decision.

If you disagree with our decision, you may appeal it under the Administrative Procedure Act (chapter 34.05 RCW).

[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-0100, filed 10/23/96, effective 11/25/96.]

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

WAC 296-150F-0040 Will you keep my manufacturing information confidential? We will only release manufacturing information such as design plans, specifications, and test results according to the requirements of the Public Records Act((.)) (see RCW 42.17.310 (1)(h)((.))) unless we are ordered to do so by a court or otherwise required by law.

[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-0040, filed 10/23/96, effective 11/25/96.]

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

WAC 296-150F-0100 What happens if I disagree with your decision regarding my compliance with this chapter? (1) If we determine you are in violation of this chapter, you will receive a notice of noncompliance.

(2) If you disagree with our decision, you can send us a written request for a hearing, stating why you disagree.

(3) After we receive your hearing request, we will:

(a) Schedule a hearing within thirty days after we receive your request.

(b) Notify you of the time, date, and place for the hearing. If you fail to appear, your case will be dismissed.

(c) Hear your case.

(d) Send you written notice of our decision.

If you disagree with our decision, you may appeal it under the Administrative Procedure Act (chapter 34.05 RCW).

[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-0100, filed 10/23/96, effective 11/25/96.]

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

WAC 296-150M-0040 Will you keep my manufacturing information confidential? We will only release manufacturing information such as design plans for structural alterations according to the requirements of the Public Records Act((.)) (see RCW 42.17.310 (1)(h)((.))) unless we are ordered to do so by a court or otherwise required by law.

[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-0040, filed 10/23/96, effective 11/25/96.]

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

WAC 296-150M-0100 What happens if I disagree with your decision regarding my compliance with the federal standards, ANSI, or this chapter? (1) If we determine that you are in violation with the federal standards, ANSI A225.1, or this chapter, you will receive a notice of noncompliance.

(2) If you disagree with our decision, you can submit a written request for a hearing, stating why you disagree.

(3) After we receive your hearing request, we will:

(a) Schedule a hearing within thirty days after we receive your request.

(b) Notify you of the time, date, and place for the hearing. If you fail to appear, your case will be dismissed.

(c) Hear your case.

(d) Send you written notice of our decision.

If you disagree with our decision, you may appeal it under the Administrative Procedure Act (chapter 34.05 RCW).

[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-0100, filed 10/23/96, effective 11/25/96.]

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