PROPOSED RULES
LABOR AND INDUSTRIES
Original Notice.
Preproposal statement of inquiry was filed as WSR 01-13-098.
Title of Rule: Chapter 296-150M WAC, Manufactured homes.
Purpose: Manufactured homes rules, chapter 296-150M WAC.
The purpose of this rule making is to adopt the emergency rules that are in effect (see WSR 01-08-010) and to make changes resulting from legislation (chapter 335, Laws of 2001, ESSB 5703) enacted in 2001. These rules are necessary to:
| Clarify our current variance process to allow alternate materials, alternate design, and methods of construction to be approved provided they do not constitute a hazard to life, safety, or health; | |
| Allow for the sale of a manufactured/mobile home by a homeowner that purchased a manufactured/mobile home without receiving all of the required insignia provided they identify it in the disclosure statement (similar to what is currently allowed for site-built homes), which is required prior to the sale of the home; and | |
| Establish provisions to specify exemptions from the permit requirements. |
WAC 296-150M-0020 What definitions apply to this chapter? Definitions for "repair" and "replacement" were added.
WAC 296-150M-0140 Do you allow the use of alternate materials, alternate design and method of construction? Amendments are being proposed to clarify our current variance process to allow alternate materials, alternate design, and methods of construction to be approved provided they do not constitute a hazard to life, safety, or health.
NEW SECTIONS:
WAC 296-150M-0049 What must be done prior to the sale of a manufactured (mobile) home by a homeowner? A new section was added to allow for the sale of a manufactured (mobile) home by a homeowner that purchased a manufactured (mobile) home without receiving all of the required insignia provided they identify it in the disclosure statement (similar to what is currently allowed for site-built homes), which is required prior to the sale of the home.
WAC 296-150M-0302 What are some examples of alterations to manufactured (mobile) homes that require a permit and inspection? A new section was created to specify some examples of alterations to manufactured (mobile) homes that require a permit and inspection under this chapter.
WAC 296-150M-0304 What are some examples of work to manufactured (mobile) homes that is exempted from a permit and inspection? A new section was created to specify some examples of work to manufactured (mobile) homes that is exempted from the permit and inspection requirements of this chapter.
Statutory Authority for Adoption: RCW 43.22.340, 43.22.432, 43.22.434, 43.22.440, and chapter 335, Laws of 2001 (ESSB 5703).
Statute Being Implemented: Chapter 43.22 RCW.
Summary: See Purpose above.
Reasons Supporting Proposal: See Purpose above.
Name of Agency Personnel Responsible for Drafting: Josh Swanson, Tumwater, (360) 902-6411; Implementation and Enforcement: Patrick Woods, Tumwater, (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. A small business economic impact statement is not required because this rule does not impose any new costs on business.
RCW 34.05.328 does not apply to this rule adoption. Significant rule-making criteria does not apply to these rule changes because the exempt criteria outlined in RCW 34.05.328(5) was met.
Hearing Location: Yakima School District (Administration Offices), 104 North 4th Avenue, Yakima, WA, on November 14, 2001, at 4:00 p.m.; and at the Department of Labor and Industries Building, S 118 and S 119, 7273 Linderson Way S.W., Tumwater, WA, on November 15, 2001, at 4:00 p.m.
Assistance for Persons with Disabilities: Contact Josh Swanson by November 12, 2001, at (360) 902-6411.
Submit Written Comments to: Josh Swanson, Specialty Compliance Services Division, P.O. Box 44400, Olympia, WA 98504-4400, e-mail swaj235@lni.wa.gov, fax (360) 902-5292, by November 15, 2001. Comments submitted by fax must be ten pages or less.
Date of Intended Adoption: November 16, 2001.
October 3, 2001
Gary Moore
Director
OTS-5222.2
AMENDATORY SECTION(Amending WSR 00-17-148, filed 8/22/00,
effective 9/30/00)
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" means the appliances used in the alteration or installation of a manufactured home.
Examples of appliances that require an alteration inspection include:
Furnace;
Water heater;
Air conditioner; and
Heat pump.
Examples of appliances that do not require an alteration inspection include:
Microwave oven;
Washer;
Dryer; and
Dishwasher and range that are connected to their source of power by a plug-in cord.
"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 a manufactured home. 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.
"Repair" is to restore an item to sound condition, to fix.
"Replacement" is the act or process of replacing, to substitute.
"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: RCW 43.22.340, 43.22.350, 43.22.355, 43.22.360, 43.22.400, 43.22.432, 43.22.433, 43.22.434, 43.22.450, 43.22.480, and 43.22.485. 00-17-148, 296-150M-0020, filed 8/22/00, effective 9/30/00. Statutory Authority: RCW 43.22.340 and 43.22.480. 99-13-010, 296-150M-0020, filed 6/4/99, effective 7/5/99. 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.]
(a) Have all department insignia required by this chapter; or
(b) Have all department insignia required by this chapter for alterations performed during ownership of the home and include in the property transfer disclosure statement all alterations that were known to have been performed by any previous owner of the home.
(2) Nothing in this section shall have any effect on any written warranty(ies) required by RCW 46.70.135.
(3) Subsection (1)(b) of this section does not apply to unsafe manufactured/mobile homes that the use of which may constitute a hazard to life, safety, or health.
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(1) Responsibilities of applicant. The applicant must
submit ((in writing)) the following information ((and sign and
date the request)) on a form approved by the department and pay
the inspection fee in WAC 296-150M-3000.
(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) Justification ((that)) why the requirements of this
chapter cannot be or were not met ((without using alternate
materials, alternate design or method of construction)); and
(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)) or has achieved a level of
protection that does not constitute a hazard to life, safety
((and)) or 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 for a copy of the approved form.
(2) Responsibilities of the department. The department will conduct an inspection and 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.
[Statutory Authority: RCW 43.22.340, 43.22.350, 43.22.355, 43.22.360, 43.22.400, 43.22.432, 43.22.433, 43.22.434, 43.22.450, 43.22.480, and 43.22.485. 00-17-148, 296-150M-0140, filed 8/22/00, effective 9/30/00. Statutory Authority: RCW 43.22.340 and 43.22.480. 99-13-010, 296-150M-0140, filed 6/4/99, effective 7/5/99.]
Installing a heat pump or air conditioner.
Electrical system changes such as replacing the main electrical panel, adding circuits and/or extending existing circuits.
Changing electric appliances to gas appliances, including adding the gas line.
Replacing a furnace, water heater, air conditioner or heat pump.
Structural, including reroofing, adding a dormer, truss repairs, openings in walls, and adding materials such as gypsum board to walls and/or ceilings.
Changes to the plumbing system.
Installing a wood stove.
Installing a pellet stove.
Replacement of gas water heaters and gas furnaces.
Replacement of direct-wired, electrically powered appliances such as electric water heaters, electric furnaces, electric ovens and other such direct-wired appliances, or replacement of light fixtures.
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Auxiliary structures such as storage sheds, carports, awnings, porches or stairs that are independently supported. They may be flashed to the manufactured/mobile home. (Local building-department permits are required.)
Painting, papering and similar finish work, including both interior and exterior.
Appliance repair, including furnaces, water heaters, ranges, cooktops, ovens, microwave ovens, dishwashers, and wood and pellet stoves.
Replacement of electrically powered, cord-connected appliances, including electric ranges, dishwashers, garbage disposals, microwave ovens, refrigerators, washers and electric dryers.
Replacement of gas ranges, gas ovens and gas dryers.
Application of liquid or mastic roof sealant to a metal roof.
Repair of asphalt roofing damaged in a windstorm.
Replacement of windows, except for bedrooms (to ensure proper egress). Windows must fit into the same opening with no structural changes required.
Replacement of window glass.
Replacement of doors, both interior and exterior. Doors must fit into the same opening with no structural changes required.
Repair of bottom board.
Replacement of carpeting and other floor-covering materials with similar materials.
Replacement or addition of curtains, drapes, window shades and other interior window coverings.
Replacement of electrical circuit breakers, fuses, switches, receptacles, light bulbs, fluorescent tubes, and the glass or plastic shades.
Repair or replacement of plumbing faucets, sinks, laundry tubs, lavatories, toilets, tubs, tub/shower combos or showers.
Repair of bath exhaust fans and fans in kitchen range hoods.
Replacement of shower doors and curtains.
Repairs to equipment with approved parts.
Modification of a fuel-burning appliance according to the listing agency's specifications.
Adjustment and maintenance of equipment.
| Note: | Exemption from the permit requirements shall not be deemed to grant authorization for any work to be done in any manner in violation of the applicable code, Manufactured Home Construction and Safety Standards, Part 24, CFR 3280. |
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