WSR 08-12-041

PERMANENT RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed May 30, 2008, 12:46 p.m. , effective June 30, 2008 ]


Effective Date of Rule: Thirty-one days after filing.

Purpose: The purpose of this rule making is to amend the manufactured home rules to make sure they are consistent with the statute. The amendment which amends "notice of infraction" to "notice of correction." This will correct the terminology in the rule for consistency between the statute and rules. The factory assembled structure program has already filed an expedited rule-making package to correct terminology in WAC 296-150M-0815.

Additional housekeeping and clarifying changes will be made throughout the rule.

Citation of Existing Rules Affected by this Order: Amending WAC 296-150M-0020 What definitions apply to this chapter?, 296-150M-0300 What approval do I need to alter a manufactured home?, 296-150M-0306 What codes are used when altering a manufactured/mobile home?, 296-150M-0410 What are the requirements for altering mobile/manufactured homes?, 296-150M-0805 How does the department ensure that a contractor, firm, partnership, or corporation complies with the requirements of chapter 43.22 RCW?, 296-150M-0810 What violations of chapter 43.22 RCW can result in the issuance of a notice of infraction?, and 296-150M-0820 Who can be issued a notice of infraction?

Statutory Authority for Adoption: Chapter 43.22 RCW.

Adopted under notice filed as WSR 08-08-096 on April 1, 2008.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 7, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 7, Repealed 0.

Date Adopted: May 30, 2008.

Judy Schurke

Director

OTS-1392.3


AMENDATORY SECTION(Amending WSR 03-12-044, filed 5/30/03, effective 5/30/03)

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.

"Alteration insignia" is an insignia issued by the department of labor and industries to verify that an alteration to a manufactured home meets the requirements of federal law 24 CFR 3280 and this chapter.

"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.
"Building site" is a tract, parcel, or subdivision of land on which a manufactured home is installed.

"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. This also includes other types of work and installations (plumbing, electrical, etc.) that are incidental to the 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.

"Indigent" means a person receiving an annual income, after taxes, of one hundred twenty-five percent or less of the most recently published federal poverty level.

"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.

"Installed manufactured or mobile home" is a manufactured or mobile home that has been placed on either private property or in a park and has been installed for occupancy. Installation includes the approval of the blocking of the home, and the connection of the home to all of the utilities, including water, sewer and electrical.

"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:
Total square feet is based on exterior dimensions measured after installation using the longest horizontal projections. Dimensions may not include bay windows but may include projections containing interior space such as cabinets and expandable rooms.
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.

"SAA" the department of labor and industries shall perform all the consumer complaint and related functions of the state administrative agency that are required for purposes of complying with the regulations established by the federal department of housing and urban development for manufactured housing including the preparation and submission of the state administrative plan.

"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, 43.22.400, 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-0020, 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-0020, filed 1/9/02, effective 1/9/02. 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.]


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

WAC 296-150M-0300   What approval do I need to alter a manufactured home?   If you alter a manufactured home in Washington state, you must ((obtain our approval)) purchase permits prior to making an alteration. This includes:

(1) Alterations made by ((an owner, or)) a contractor working for a homeowner; ((and))

(2) Alterations made by a homeowner to their own home; and

(3) Alterations made by a dealer after a manufactured home is sold.


Note: The homeowner can't purchase a permit on behalf of the contractor.

[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-0300, filed 10/23/96, effective 11/25/96.]


AMENDATORY SECTION(Amending WSR 07-05-063, filed 2/20/07, effective 4/1/07)

WAC 296-150M-0306   What codes are used when altering a manufactured/mobile home?   Alterations to a manufactured/mobile home must be in compliance with the Manufactured Home Construction and Safety Standards, 24 CFR Part 3280, as adopted by the Secretary for the Department of Housing and Urban Development (HUD) and the amendments to that federal standard adopted in this WAC chapter. The department will accept the following provisions, which supersede the applicable requirements in 24 CFR Part 3280.

(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.


Note: For installation of electrical furnaces and/or water heater in pre-HUD homes, the requirement of 24 CFR Part 3280.203 for flame spread limitations is waived as long as the installation meets the requirement of the installed appliance for distance from combustibles.

(3) Pellet stoves for installation that have been listed by a department approved nationally recognized 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.

Electrical disconnects must be secured to a manufactured/mobile structural member (not the skirting) and have a 30" x 30" clearance for maintenance.

(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.

(6) The use of corrugated stainless steel tubing (CSST) is allowed when installed according to the manufactured installations instructions for mobile/manufactured homes by the following CSST manufacturers:

(a) Gastite;

(b) TracPipe;

(c) Pro-Flex.

(7) Installation of gas room heaters in bedrooms must:

(a) Have direct vented (sealed combustion) and be listed as UL 307A for liquid fuel burning heater or ANSI Z21.88 and ANSI Z21.86 for vented gas fireplaces.

(b) Not be able to draw combustion air from the living space and must be designed so that it will become inoperative if any door, latch, or opening is not properly sealed.

(c) Have a smoke detector, listed to UL 217. The smoke detector can either be hardwired or battery powered and installed according to the manufacturer's installation requirements.

(d) Have a carbon dioxide (CO2) detector, listed to UL 2034. The CO2 detector must be installed according to the manufacturer's installation requirements.

(e) Have at least one means of egress.

[Statutory Authority: Chapter 43.22 RCW. 07-05-063, 296-150M-0306, filed 2/20/07, effective 4/1/07. Statutory Authority: Chapter 43.22 RCW and 2005 c 399. 05-24-020, 296-150M-0306, filed 11/29/05, effective 1/1/06. 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.]


AMENDATORY SECTION(Amending WSR 07-05-063, filed 2/20/07, effective 4/1/07)

WAC 296-150M-0410   What are the requirements for altering mobile/manufactured homes?   (1) Roof over framing (dormer) additions to manufactured/mobile homes must meet the following requirements:

(a) Maintain a minimum twenty pound roof, live load, and provide documentation to the department.

(b) The dead load for the dormer must be the difference between the live load design of the roof and the roof design snow load of the manufactured/mobile home location (as per Snow Load Analysis for Washington, by Structural Engineers Association of Washington).

(c) Existing roofing material, other than the sheathing, must be completely removed under the dormer.

(d) An engineering analysis shall take into account the wind load on the structure, when the dormer extends above the original ridge line of the manufactured/mobile home.

(e) The engineer or architect of record must clarify in writing on the original stamped drawings that the design plans may be used on other manufactured/mobile homes of the same live load, for generic designs that are to be used more than one time.

(f) Submit all manufactured/mobile home alterations to the department to be reviewed by plan review for compliance.

(2) Reroofing of a manufactured/mobile home must be installed and vented according to the manufacturer's installation instructions.

(a) Existing asphalt roof will require removal of the original asphalt roofing material prior to the installation of new asphalt roofing.

(b) If the original asphalt roofing material is not removed and a second layer of asphalt roofing is added, an engineering analysis must be completed to ensure that the existing roof structure can support the additional load while maintaining a 20 psf live roof load.

(c) Metal roofing with or without insulation board applied after removing existing asphalt shingles must:

(i) Follow the roofing manufacturer's installation requirements.

(ii) Maintain minimum pitch of the roof as required by the roofing manufacturer's installation requirements.

(d) Metal roofing with or without insulation board over an existing metal roof must:

Allow the metal roof to be installed over another metal roof as required by the manufacturer's installation requirements.

(3) Replacing floor decking must meet the following requirements:

(a) Plan review is not required for the following:

(i) The floor decking being replaced is not ((bigger)) greater than forty-eight inches by ninety-six inches ((()) of each section of home(())).

(ii) Two-by-six blocking is added to each floor joist and secured with 16d nails at six inches on center.

(iii) Two-by-six blocking is added at the ends of the cut such that one-half is under the existing decking and one-half is under the decking being replaced and is secured with 16d nails, two at each joint.

(iv) Adding floor decking that is the same thickness and grade as originally installed.

(v) Adding decking that is secured with construction adhesive bead and #8x1-3/4 inch screws at six inches on center.

(b) Plan review is required, but engineering will not be required under the following condition:

(i) The floor decking being replaced is greater than forty-eight inches by ninety-six inches.

(ii) The decking being replaced is no more than fifty percent of the floor length, each section of home.

(iii) The decking being replaced is no more than seventy-five percent of the floor width, each section of home.

(c) If the floor decking being replaced is ((larger)) greater than forty-eight inches by ninety-six inches((,)) of each section of home both plan review and engineering will be required.

(d) On generic designs that are to be used more than once, an engineer or architect must clearly state in writing on the original stamped drawings that the design plans may be used on other manufactured/mobile homes of the same manufacturer.

(4) Additions (i.e., rooms, garages, carports, etc.) added to manufactured/mobile homes.

(a) Labor and industries factory assembled structures section is responsible for any alterations to the manufactured/mobile home. This includes:

(i) Any opening that is added or changed.

(ii) Electrical circuits added to the addition that come from the electrical panel in the manufactured/mobile home.

(iii) Using the manufactured/mobile home for support of the addition.

(b) A plan review is required when adding an addition to a manufactured/mobile home for:

(i) Openings not constructed per the department.

(ii) Manufactured/mobile homes which use the structure for support of the addition.

(iii) Adding a dormer on the home.


Note: An engineer or architect licensed in Washington state must design the plans and seal the plans and calculations. The department's FAS plan review section will perform a plan review.

(c) Labor and industries electrical section is responsible for any electrical circuits added to the manufactured/mobile home that come from the pedestal where the electrical section has electrical inspection authority. Some cities have electrical inspection authority and would make those electrical inspections in their jurisdiction.

(d) Local jurisdiction (city or county) is responsible for the inspection of the addition except as noted above.

(e) Items to pay particular attention to:

(i) If the addition is being served by a required egress door:

The lock must be removed and nonlocking passage hardware installed or the door may be removed entirely leaving a passageway.

An exit door equal in size to the one removed must be installed in the addition.

(ii) If the addition is being served by a 3rd door and the other doors meet the egress requirements outlined above, no changes to the exterior door are required.

(iii) Electrical circuits run from the manufactured/mobile home electrical panel must:

Be in conduit if routed under the home; and

Terminate at the edge of the home in a junction box.

(iv) The addition may be flashed to the manufactured/mobile home for purposes of sealing the exterior joint and may have trim installed on the interior for finishing.

(5) Attaching awnings and carports and garages.

(a) Self-supporting awnings and carports.

When awnings and carports are self-supporting they may be flashed to the manufactured/mobile home and no permit is required from L&I FAS section. Please check with your local jurisdiction building department for any permits required by them.

(b) Awnings and carports using the home for support.

Aluminum or wood awnings and carports that use the manufactured/mobile home for support will need to:

Have the connections to the home designed and the additional load on the home analyzed by an engineer or architect licensed in Washington state. The engineer or architect will need to seal these designs and calculations;

The installer must submit the designs to the FAS plan review section for a review; and

The installer must have the installation inspected, after the plans are approved.

(c) Manufactured home comes from factory garage ready.

If the manufactured home comes from the factory garage ready, no inspection is required by L&I. Garage ready from the factory means:

Dormers, if required, are installed by the factory;

All gypsum board required on the home has been installed at the factory;

Any door between the home and the garage meets the requirements for separation of a residence from a garage as required by the building code;

All electrical installations meet the requirements of the National Electrical Code for one hour walls;

The dryer outlet termination has been designed at the factory to not exhaust into the garage; and

No other changes are required to the manufactured home at the installation site.


Note: If any changes are required to the manufactured home at the installation site, an alteration permit is required from the department.

(d) Manufactured/mobile home is not garage ready.

If the manufactured/mobile home is not garage ready when it leaves the factory, an alteration permit is required. Engineering analysis and plan review may also be required if additional loads are placed upon the home or openings are made or changed.

The following are some examples of when a plan review would be required:

A dormer is added;

An opening in the home is made or changed (Note: Openings constructed to the department's approved details would not require a plan review); and

Gypsum board is added to the wall of the home.

Items to also be aware of:

When a garage is to be attached to a manufactured/mobile home, the following must also be considered:

The means of egress through exterior doors is not compromised (two are required);

The means of egress from the bedroom(s) is not compromised (one egress directly to the exterior from each); and/or endwalls are usually shearwalls and any additional openings in them will need an engineering analysis and plan review to substantiate.

(6) Decertification of a manufactured/mobile home.

(a) Can only be decertified if the jurisdiction having authority will allow the unit to remain on the property.

(b) All electrical components, including the electrical panel, receptacles, switches and light must be removed and wires cut to where they enter the device.

(c) All plumbing fixtures and exposed plumbing water, drain and waste lines must be cut off where they enter any wall, floor or ceiling.

(d) All mechanical components including water heaters, furnaces, and kitchen appliances must be removed from the home.

[Statutory Authority: Chapter 43.22 RCW. 07-05-063, 296-150M-0410, filed 2/20/07, effective 4/1/07.]


AMENDATORY SECTION(Amending WSR 05-24-020, filed 11/29/05, effective 1/1/06)

WAC 296-150M-0805   How does the department ensure that a contractor, firm, partnership, or corporation complies with the requirements of chapter 43.22 RCW?   The department of labor and industries ensures that contractors, firms, partnerships, and corporations comply with the requirements of chapter 43.22 RCW and this chapter which require ((a)) the contractor or homeowner to purchase the appropriate permits and ((inspection by the department of)) the department will inspect all alterations to manufactured and mobile homes by:

(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-0715.

[Statutory Authority: Chapter 43.22 RCW and 2005 c 399. 05-24-020, 296-150M-0805, filed 11/29/05, effective 1/1/06. 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.]


AMENDATORY SECTION(Amending WSR 03-12-044, filed 5/30/03, effective 5/30/03)

WAC 296-150M-0810   What violations of chapter 43.22 RCW can result in the issuance of a notice of infraction?   (1) Under chapter 43.22 RCW, the department can issue a notice of infraction to a ((contractor)) firm, partnership, or corporation for:

(a) Failure to obtain a permit before altering a manufactured or mobile home as required by chapter 296-150M WAC;

(b) Failure to correct violations noted as a result of an inspection requested as a result of having purchased a permit.

(2) Each worksite at which a violation occurs constitutes a separate infraction.

(3) Each day on which a violation occurs constitutes a separate infraction.

(4) See WAC 296-150M-0860 for the specific monetary penalties associated with each of the violations discussed in this section.

[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-0810, filed 5/30/03, effective 5/30/03.]


AMENDATORY SECTION(Amending WSR 03-12-044, filed 5/30/03, effective 5/30/03)

WAC 296-150M-0820   Who can be issued a notice of infraction?   A contractor, firm, partnership, or corporation may be issued a notice of infraction for violations of chapter 43.22 RCW and this chapter.

The department must by certified mail send the written notice of ((civil)) infraction penalties imposed under chapter 43.22 RCW and this chapter to the last known address of the party named in the notice.

[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-0820, filed 5/30/03, effective 5/30/03.]

Washington State Code Reviser's Office