Original Notice.

     Preproposal statement of inquiry was filed as WSR 05-13-148.

     Title of Rule and Other Identifying Information: Chapter 296-150M WAC, Manufactured homes.

     Hearing Location(s): Department of Labor and Industries,

7273 Linderson Way S.W., S119, Tumwater, WA, on November 15, 2005, at 8:30 a.m.; and at the Department of Labor and Industries, 15 West Yakima Avenue, Suite 100, Yakima, WA, on November 16, 2005, at 11:00 a.m.

     Date of Intended Adoption: November 29, 2005.

     Submit Written Comments to: Sally Elliott, Department of Labor and Industries, P.O. Box 44400, Olympia, WA 98504-4400, e-mail yous235@lni.wa.gov, fax (360) 902-5292 by November 16, 2005.

     Assistance for Persons with Disabilities: Contact Sally Elliott by November 1, 2005, (360) 902-6411 or yous235@lni.wa.gov.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule making is a result of chapter 399, Laws of 2005 (SHB 1393), which passed the 2005 legislature. This legislation requires the department to perform a fire safety inspection and issue a certificate on all pre-HUD (mobile) homes prior to them being moved from their current location.

     The proposed changes will:

     •     Outline how to apply for a fire safety inspection with the department.

     •     Summarize the requirements the mobile home must meet in order to successfully pass the fire safety inspection.

     •     Incorporate current factory assembled structure policies, FAS 02-06 and FAS 03-01, into the rules. The new rules will provide statewide consistency in the enforcement of the national electrical code (NEC) for alterations to manufactured/mobile homes and clarify the requirement that water heaters and furnaces must meet the manufactured home construction safety standards for manufactured home installation.

     •     Make housekeeping changes for clarification. For example, references will be updated in the rule.

     Reasons Supporting Proposal: See Purpose above.

     Statutory Authority for Adoption: Chapter 43.22 RCW and chapter 399, Laws of 2005 (SHB 1393).

     Statute Being Implemented: Chapter 43.22 RCW and chapter 399, Laws of 2005 (SHB 1393).

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: Department of Labor and Industries, governmental.

     Name of Agency Personnel Responsible for Drafting: Pete Schmidt, Tumwater, (360) 902-5571; Implementation and Enforcement: Patrick Woods, Tumwater, (360) 902-6348.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. The department determined the proposed rules do not require a small business economic impact statement because the costs associated with the proposed changes are exempted by law since the proposed changes are updating the rule based upon Washington state statutes and clarifying the rule for ease of use and understanding (see RCW 34.05.310 (4)(c) and (d)).

     A cost-benefit analysis is not required under RCW 34.05.328. The department determined the proposed changes do not require a cost-benefit analysis because the costs associated with the proposed changes are exempted by law since the proposed changes are updating the rule based upon Washington state statutes and clarifying the rule for ease of use and understanding (see RCW 19.85.025 referencing RCW 34.05.328 (5)(b)(iii) and (iv)).

October 4, 2005

Gary Weeks

Director

OTS-8350.3

AMENDATORY SECTION(Amending WSR 05-01-102, filed 12/14/04, effective 2/1/05)

WAC 296-150M-0302   What are some examples of work to manufactured or mobile homes that either require or do not require a permit and inspection?  

TYPE OF WORK	ALTERATION PERMIT AND INSPECTION REQUIRED? Yes No
(1) Air Conditioner/Heat Pump
(a) New installation	X
(b) Replacement	X
(c) Reconnection after moving home	X
(d) Repair		X
(e) Adjustment and/or maintenance		X
(2) Bottom Board - Repair		X
(3) Clothes Washer
(a) New installation		X
(b) Replacement		X
(c) Repair with approved parts		X
(d) Adjustment and/or maintenance		X
(4) Clothes Dryer (Electric)
(a) New installation (Prewired electrical)		X
(b) Replacement		X
(c) Repair with approved parts		X
(d) Adjustment and/or maintenance		X
(e) Replacement with gas clothes dryer when modifications to electrical or gas systems are performed	X
(5) Clothes Dryer (Gas)
(a) New installation (Preplumbed gas)		X
(b) Replacement		X
(c) Repair with approved parts		X
(d) Adjustment and/or maintenance		X
(e) Replacement with electric clothes dryer when modifications to electrical or gas systems are performed	X
(6) Dishwasher
(a) New installation	X
(b) Replacement
(i) Cord connected		X
(ii) Direct wired	X
(c) Repair		X
(d) Adjustment and/or maintenance		X
(7) Doors (Interior and Exterior)
(a) Additional*	X
(b) Replacement of door that fits into the same opening		X
(8) Electrical
(a) Replacing main electrical panel******	X
(b) Adding circuits	X
(c) Extending existing circuit(s)	X
(d) Replacing lighting fixtures****		X
(e) Replacing circuit breakers/fuses		X
(f) Replacing switches, receptacles, light bulbs, fluorescent tubes and glass or plastic shades		X
(g) Repairing bath exhaust fans		X
(h) Repairing fans in kitchen range hoods		X
(9) Exterior Finish
(a) Painting		X
(b) Replacement of siding	X
(10) Furnace (Electric)
(a) New installation	X
(b) Replacement	X
(c) Repair		X
(d) Adjustment and/or maintenance		X
(e) Replacement with gas furnace	X
(11) Furnace (Gas)
(a) New installation	X
(b) Replacement	X
(c) Repair		X
(d) Change from LP Gas to Natural Gas or from Natural Gas to LP gas per its listing		X
(e) Adjustment and/or maintenance		X
(f) Replacement with electric furnace	X
(12) Gas Lines
(a) New installation	X
(b) Extend existing gas line	X
(c) Repair	X
(13) Interior
(a) Painting, wall papering and similar finish work		X
(b) Replacement or addition of curtains, drapes, blinds, window shades and other window coverings		X
(c) Replacement of carpeting and other floor-covering materials with similar materials		X
(14) Microwave Oven (Over range)
(a) New installation when electrical system modifications are performed	X
(b) Replacement		X
(c) Repair		X
(d) Adjustment and/or maintenance		X
(15) Microwave Oven (Countertop)		X
(16) Pellet Stove
(a) New installation	X
(b) Replacement	X
(c) Repair		X
(d) Adjustment and/or maintenance		X
(17) Plumbing
(a) Adding plumbing fixtures***	X
(b) Repairing damage***	X
(c) Replacing fixtures***		X
(d) Repairing fixtures***		X
(e) Replacement/repair of shower doors and curtains		X
(18) Range/Cook Top/Eye Level Oven (Electric)
(a) Replacement
(i) Cord connected		X
(ii) Direct wired	X
(b) Repair with approved parts		X
(c) Adjustment and/or maintenance		X
(d) Replacement with gas appliance(s)	X
(19) Range/Cook Top/Eye Level Oven (Gas)
(a) New installation	X
(b) Replacement		X
(c) Repair with approved parts		X
(d) Adjustment and/or maintenance		X
(e) Replacement with electric appliance(s)	X
(20) Roofing
(a) Reroofing	X
(b) Applying liquid or mastic roof sealant to a metal roof		X
(c) Repair of damaged composition shingles		X
(21) Structural changes
(a) Adding a dormer*	X
(b) Truss repairs*	X
(c) Add opening in wall**	X
(d) Add gypsum board to walls or ceilings	X
(e) Repair or replacing floor decking/joists	X
(22) Water Heater (Electric)
(a) Replacement w/electric water heater	X
(b) Repair		X
(c) Adjustment and/or maintenance		X
(d) Replacement with gas water heater	X
(23) Water Heater (Gas)
(a) Replacement w/gas water heater	X
(b) Repair		X
(c) Change from LP gas to Natural Gas or from Natural Gas to LP gas per its listing		X
(d) Adjustment and/or maintenance		X
(e) Replacement with electric water heater	X
(24) Windows
(a) Replacement is same opening with no structural changes*****		X
(b) Replacement when structural changes are required	X
(c) Replacement of glass		X
(25) Wood Stove/Fireplace
(a) New installation	X
(b) Replacement	X
(c) Repair		X
(d) Adjustment and/or maintenance		X

     * May also require a plan review. Please contact your local L&I representative.

     ** May also require a plan review. The department has detailed drawings you may use for openings in sidewalls. Please contact your local L&I representative.

     *** Fixtures include: Faucets, sinks, lavatories, laundry tubs, water closets (toilets), tubs, showers and tub/shower combos.

     **** Fixtures must be installed per its listing and intended use.

     ***** Windows in bedrooms must be of egress type.

     ****** Meter bases may only be installed by the manufacturer of the home unless repaired or replaced.

     NOTE: Exemption from the permit and inspection requirements shall not be deemed to grant authorization for any work to be done in violation of the applicable code, Chapter 296-150M WAC.

[Statutory Authority: Chapter 43.22 RCW and 2003 c 291. 05-01-102, § 296-150M-0302, filed 12/14/04, effective 2/1/05. Statutory Authority: RCW 43.22.340, 43.22.400, 43.22.432, 43.22.433, 43.22.434, 43.22.480, and 43.22.485, 2002 c 268, and chapter 43.22 RCW. 03-12-044, § 296-150M-0302, filed 5/30/03, effective 5/30/03. Statutory Authority: RCW 43.22.340, 43.22.350, 43.22.432, 43.22.434, 43.22.440, and 2001 c 335. 02-03-048, § 296-150M-0302, filed 1/9/02, effective 1/9/02.]

     (1) Tested equivalent air conditioning/heat pump components that have been tested and listed for use with a particular furnace by a nationally recognized testing laboratory.

     (2) Water heaters that are listed by a nationally recognized testing laboratory and installed per the manufacturer's installation instructions.

     (3) Pellet stoves for installation that have been listed by a department approved testing laboratory. For a current list of approved laboratories, contact any department field office or the department at the address shown in WAC 296-150M-0020.

     (4) All electrical alterations and additions to the manufactured/mobile home shall comply with the current edition of the National Electrical Code.

     (5) The International Residential Code for structural alterations.

Note:

The replacement of exterior siding is an alteration and requires the approval of the department and an alteration insignia.

[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-0306, filed 8/22/00, effective 9/30/00. Statutory Authority: RCW 43.22.340 and 43.22.480. 99-13-010, § 296-150M-0306, filed 6/4/99, effective 7/5/99. Statutory Authority: Chapter 43.22 RCW. 98-14-078, § 296-150M-0306, filed 6/30/98, effective 7/31/98.]

     (a) Complete an alteration permit form and an application for alteration insignia. We will provide the forms upon request.

     (b) Submit the completed forms to us, with the first hour of inspection fee and alteration insignia fee. Alterations requiring more than one inspection shall have the first hour inspection fee paid to the department prior to any inspection. (See WAC 296-150M-3000.)

     (2) The request for inspection of your alteration should be at least five days before the date you want the inspection.

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

Note:

Specifications, engineering data, and test results should be available for our inspector. If applicable, your approved design plan must also be available during the inspection.

     (4) The department will send written notification to the local jurisdiction in which the mobile home will be located, if the mobile home fails the fire safety inspection.

[Statutory Authority: RCW 43.22.340 and 43.22.480. 99-13-010, § 296-150M-0309, filed 6/4/99, effective 7/5/99.]

     (1) Complete an alteration permit form and a fire safety certificate application. We will provide you the forms on request.

     (2) A fire safety preinspection checklist can be obtained at your local labor and industries office or on the web at http://www.lni.wa.gov/tradeslicensing/fas.

     (3) Submit the completed forms to us, with the first hour of inspection fee and the site placement form. Alterations requiring more than one inspection shall have the first hour of inspection paid to the department prior to each additional inspection. The following fees will need to be paid: Electrical fire safety, structural fire safety, insignia fees for fire safety. (See WAC 296-150M-3000, Manufactured/mobile home fees.)

     (4) Any other alterations to the home that have not been previously inspected and approved by the department will cause the approval of this inspection to be denied.

     (5) Once we approve the inspection, we will provide you with a completed alteration permit and fire safety certificate.

Note:

After the home has been sited, any subsequent move will require a separate fire safety certificate.

[]

     (1) Wiring system. Aluminum wiring is not permitted for use in fifteen and twenty amp branch circuits. You must do one of the following:

     (a) Rewire the fifteen and twenty amp branch circuits in copper.

     (b) Install receptacles and switches that are approved for the use of either aluminum or copper (i.e., they will be marked AL/CU); or

     (c) Install copper "pig tail" connections using wiring nuts approved for aluminum wire between the aluminum wire and the receptacle/switch/light fixture/bath and fans/range hoods.

     Additionally, if the circuit breakers in the electrical panel for fifteen and twenty amp circuits are not approved for aluminum wiring, the breakers either need to be replaced with those that are acceptable for aluminum wire or they need to be pit tailed with copper wire and wire nuts acceptable for aluminum wire.

     (2) Fire protection.

     (a) Walls, doors and ceilings in the water heater and furnace compartments shall be protected by materials with a flame spread rating not exceeding twenty-five. (This can be met with gypsum wallboard having a minimum thickness of 5/16 inch or ceramic tile.)

     (b) The range hood must be at least as wide as the appliance and have a lower front edge or "eyebrow" which extends at least three inches past the cabinet above.

     (c) The surfaces of the exposed walls adjacent to and within six inches of a range or cooktop appliance must be composed of gypsum wallboard, with a minimum thickness of 5/16 inch, or ceramic tile. Kitchen cabinets constructed of combustible material that is located above a range or cooktop must be a minimum of twenty-four inches above the cooking surface. The cabinets must be protected on the bottom and on the exposed sides within six inches of either side of the appliance, by covering the surface with gypsum wallboard, with a minimum thickness of 5/16 inch, and installing a metal hood above the cooking appliance. A minimum of 3/8 inch gap is required between the cabinet and the gypsum on top of the hood.

     (d) No window may be within twelve inches of the edge of a burner or element of the cooking appliance.

     (3) Emergency egress.

     (a) Every bedroom or other room designed expressly for sleeping purposes must have a window that meets the minimum requirements of at least 5.0 square feet of opening for emergency egress.

     (b) Rooms that have a door, with a minimum clear opening of twenty-eight inches wide by seventy-two inches high, which opens directly to the outside do not need to have an emergency egress window.

     (c) Windows and devices must be installed in a manner which allows for proper operation.

     (d) The bottom of the opening of an egress window shall be no more than thirty-six inches above the floor.

     (e) The height of the bottom of the window can be increased to forty-four inches when the clear net area is increased to 5.7 square feet of opening.

     (4) Smoke detectors.

     (a) Smoke detectors are required at each hallway or area giving access to a bedroom or group of bedrooms. When a furnace is located in the hall giving access to the bedrooms, the detector is to be located between the living area and the return air grill of the furnace.

     (b) Smoke detectors must be installed on a wall and must be permanently wired and installed on a J-box with splices terminating inside the box.

     (c) A smoke alarm with a rated life of ten years and provided with a listed ten year battery can be used in lieu of wired smoke detector.

     (d) The smoke detector may not be switched and if more than one smoke detector is installed, then each one is to be wired on a different branch circuit.

     (e) Smoke detectors do not need to be wired together to sound simultaneous alarms.

[]

     (1) Inspecting manufactured and mobile home job sites by the department's compliance inspectors; or

     (2) Auditing the records of contractors per WAC ((296-150M-0720)) 296-150M-0715.

[Statutory Authority: RCW 43.22.340, 43.22.400, 43.22.432, 43.22.433, 43.22.434, 43.22.480, and 43.22.485, 2002 c 268, and chapter 43.22 RCW. 03-12-044, § 296-150M-0805, filed 5/30/03, effective 5/30/03.]

INITIAL FILING FEE			$31.40
DESIGN PLAN FEES:
	STRUCTURAL ALTERATION - MASTER DESIGN (CODE CYCLE)		$126.60
	STRUCTURAL ALTERATION - ONE YEAR DESIGN		$84.90
	RENEWAL FEE		$37.80
	RESUBMITTAL FEE		$63.10
	ADDENDUM (Approval expires on the same date as original plan.)		$63.10
	ELECTRONIC PLAN SUBMITTAL FEE $4.80 per page for the first set of plans and $0.30 per page for each additional set of plans. These fees are in addition to any applicable design plan fees required under this section.
DEPARTMENT INSPECTION FEES:
	INSPECTION
MECHANICAL
	Heat Pump		$31.80
	Combination Heat Pump (new) and Furnace (replacement)		$42.40
	Air Conditioning		$31.80
	Combination Air Conditioning (new) and Furnace (replacement)		$42.40
	Furnace Installation (gas*** or electric)		$31.80
	Gas*** Piping		$31.80
	Wood Stove		$31.80
	Pellet Stove		$31.80
	Gas*** Room Heater		$31.80
	Gas*** Decorative Appliance		$31.80
	Range: Changing from electric to gas***		$31.80
	Gas*** Water Heater Replacement		$21.20
	Water Heater: Changing from electric to gas***		$21.20
	Any combination of Furnace, Range, and Water Heater changing from electric to gas*** and includes Gas Piping charge		$63.70
ELECTRICAL
	Heat Pump		$42.40
	Heat Pump (when home is prewired for a heat pump)		$10.60
	Combination Heat Pump (new) and Furnace (replacement)		$53.10
	Air Conditioner		$42.40
	Air Conditioner (when home is prewired for an air conditioner)		$10.60
	Combination Air Conditioner (new) and Furnace (replacement)		$53.10
	Furnace Installation (gas or electric)		$42.40
	Wood Stove (if applicable)		$42.40
	Pellet Stove (if applicable)		$42.40
	Gas*** Room Heater (if applicable)		$42.40
	Gas*** Decorative Appliance (if applicable)		$42.40
	Range: Changing from gas*** to electric		$42.40
	Electric Water Heater Replacement		$42.40
	Electric Water Heater replacing Gas*** Water Heater		$42.40
	Each added or modified 120 volt circuit (maximum charge is two circuits)		$42.40
	Each added 240 volt circuit (for other than Heat Pumps, Air Conditioners, Furnaces, Water Heaters, Ranges, Hot Tubs or Spas)		$42.40
	Hot Tub or Spa (power from home electrical panel)		$42.40
	Replace main electrical panel		$42.40
	Low voltage fire/intrusion alarm		$42.40
	Fire Safety		$42.40
	Any combination of Furnace, Range and Water Heater changing from electric to gas***		$42.40
PLUMBING
	Fire sprinkler system (also requires a plan review)		$21.20
	Each added fixture		$21.20
	Replacement of water piping system (this includes two inspections)		$95.60
STRUCTURAL
	Inspection as part of a mechanical/fire safety installation (cut truss/floor joist, sheet rocking)		$42.40
	Reroofs (may require a plan review)		$74.30
	Changes to home when additions bear loads on home per the design of a professional (also requires a plan review)		$74.30
	Other structural changes (may require a plan review)		$74.30
	Fire Safety (may also require an electrical fire safety inspection)		$42.40
MISCELLANEOUS
	Other structural changes (may require a plan review)		$74.30
	Plan Review		$84.90
	OTHER REQUIRED INSPECTIONS (Per hour*)		$58.40
	ALL REINSPECTIONS (Per hour*)		$58.40
	Refund		$10.60
INSIGNIA FEES:
	ALTERATION		$10.60
	FIRE SAFETY CERTIFICATE		$10.60
	REISSUED - LOST/DAMAGED		$10.60
IPIA
DEPARTMENT AUDIT FEES
	REGULARLY SCHEDULED IPIA AUDIT:
		First inspection on each section (one time only)	$28.70
		Second and succeeding inspections of unlabeled sections (Per hour*)	$63.10
	OTHER IPIA FEES:
		Red tag removal during a regularly scheduled IPIA audit (Per hour*separate from other fees)	$63.10
		Red tag removal at a time other than a regularly scheduled IPIA audit (Per hour* plus travel time* and mileage**)	$63.10
		Increased frequency surveillance (Per hour* plus travel time* and mileage**)	$63.10
		Attendance at manufacturers training classes (Per hour* only)	$63.10
		Subpart "I" investigations (Per hour* plus travel time* and mileage**)	$63.10
		Alterations to a labeled unit (Per hour* plus travel time* and mileage**)	$63.10
		IPIA Issues/Responses (Per hour* Plus travel time* and mileage**)	$63.10
		Monthly surveillance during a regularly scheduled IPIA audit (Per hour*plus travel time* and mileage**)	$63.10
		Monthly surveillance at a time other than a regularly scheduled IPIA audit (Per hour* plus travel time* and mileage**)	$63.10
		Plant certifications, recertifications and addenda updates (Per hour* plus travel time* and mileage** per each inspector)	$63.10
		Response to HBT Audit during a regularly scheduled IPIA audit (Per hour*)	$63.10
		Response to HBT Audit at a time other than a regularly scheduled IPIA audit (Per hour* plus travel time*and mileage**)	$63.10
		Alternative construction (AC) letter inspections at placement site (Per hour* plus travel time*and mileage**)	$63.10
		Replacement of HUD labels (Per hour* plus travel time* and mileage**)	$63.10
		State Administrative Agency (SAA) inspection fee (Per hour* plus travel time* and mileage**)	$63.10
OTHER FEES:
	FIELD TECHNICAL SERVICE (Per hour plus travel time* and mileage**)		$58.40
	PUBLICATION PRINTING AND DISTRIBUTION OF RCWs AND WACs (One free copy per year upon request)		$11.90
	VARIANCE INSPECTION FEE		$84.90
	HOMEOWNER REQUESTED INSPECTION		$84.90
	DECERTIFICATION OF A MOBILE/MANUFACTURED HOME		$84.90
	DEMOLITION OF A MOBILE/MANUFACTURED HOME		$84.90
NOTE: Local jurisdictions may have other fees that apply.
*		Minimum charge of 1 hour; time spent greater than 1 hour is charged in 1/2 hour increments.
**		Per state guidelines.
***		Gas means all gases; natural, propane, etc.

[Statutory Authority: Chapters 18.27, 43.22, and 70.87 RCW. 05-12-032, § 296-150M-3000, filed 5/24/05, effective 6/30/05. Statutory Authority: Chapters 18.27 and 43.22 RCW. 04-12-048, § 296-150M-3000, filed 5/28/04, effective 6/30/04. Statutory Authority: RCW 43.22.340, 43.22.400, 43.22.432, 43.22.433, 43.22.434, 43.22.480, and 43.22.485, 2002 c 268, and chapter 43.22 RCW. 03-12-044, § 296-150M-3000, filed 5/30/03, effective 5/30/03. Statutory Authority: RCW 43.22.350, 43.22.434, 43.22.480, 43.22.500, 18.27.070, 18.27.075, 70.87.030, 19.28.041, 19.28.051, 19.28.101, 19.28.121, 19.28.161, 19.28.201, 19.28.211, 19.28.341, 2001 c 159, and chapters 43.22, 19.28, 18.27, and 70.87 RCW. 01-12-035, § 296-150M-3000, filed 5/29/01, effective 6/29/01. 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-3000, filed 8/22/00, effective 9/30/00. Statutory Authority: Chapters 43.22, 18.27, 70.87 and 19.28 RCW. 99-12-080, § 296-150M-3000, filed 5/28/99, effective 6/28/99. Statutory Authority: Chapters 18.106, 18.27 and 43.22 RCW. 98-12-041, § 296-150M-3000, filed 5/29/98, effective 6/30/98. Statutory Authority: RCW 70.87.030, 18.27.070, [18.27.]075, 43.22.350, [43.22.]355, [43.22.]434 and [43.22.]480(2). 97-11-053, § 296-150M-3000, filed 5/20/97, effective 6/30/97. Statutory Authority: RCW 43.22.340, [43.22.]355, [43.22.]360, [43.22.]432, [43.22.]440 and [43.22.]480. 96-21-146, § 296-150M-3000, filed 10/23/96, effective 11/25/96.]

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