WSR 05-15-159

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF COMMUNITY,

TRADE AND ECONOMIC DEVELOPMENT

[ Filed July 20, 2005, 10:01 a.m. ]

Subject of Possible Rule Making: This rule making would implement requirements of the federal Manufactured Housing Improvement Act of 2000 by establishing a program for resolving disputes between manufacturers, retailers and installers regarding responsibility for correction or repair of manufactured homes during the first year of warranty.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.63A.460, 43.330.040, 46.70.136.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Correction of problems in manufactured homes under warranty is delayed when manufacturers, retailers and installers argue over who is responsible. Under the federal Manufactured Housing Improvement Act of 2000, the federal Department of Housing and Urban Development (HUD) requires states to establish by the end of 2005 a program providing for the timely resolution of such disputes and for the issuance of appropriate orders for correction and repair.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: HUD has established requirements for approval of states' dispute resolution programs. CTED will submit an amended state plan agreement for HUD's approval. Rules will be coordinated with the Department of Labor and Industries and the Department of Licensing through their participation in the dispute resolution project workgroup. Local jurisdictions will be notified of the rule making through communication with the Washington Association of Building Officials (WABO).

Process for Developing New Rule: Rules will be drafted with the active participation of a workgroup comprised of stakeholders. Draft rules will be mailed to interested parties. Written comments will be accepted, and oral testimony with be taken at two public hearings.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Teri Ramsauer, Manager, Office of Manufactured Housing, phone (360) 725-2960, fax (360) 586-5880, e-mail terir@cted.wa.gov; or Josey Young, SAA Case Manager, phone (360) 725-2963, fax (360) 586-5880, e-mail joseyy@cted.wa.gov, mailing address CTED/Housing Division/OMH, P.O. Box 42525, Olympia, WA 98504-2525. Draft rules will be provided to stakeholders and other parties upon request. Written comments will be accepted, and oral testimony will be taken at two public hearings.

July 19, 2005

Sue Mauerman

for Juli Wilkerson

Director

Washington State Code Reviser's Office