MANUFACTURED ((HOME INSTALLER TRAINING AND CERTIFICATION PROGRAM))AND MOBILE HOME INSTALLATION

This chapter is authorized by chapter 43.22A RCW, ((Mobile and manufactured home installation,)) which requires the department to train and certify manufactured home installers and by chapter 43.22 RCW which authorizes the director of L&I to set installation standards for manufactured and mobile homes. For the purposes of this chapter references to manufactured homes include mobile homes.

(1) "Administrative law judge" is any person appointed by the chief administrative law judge (as defined in RCW 34.12.020(((2)))(1)) to preside at a notice of infraction appeal hearing convened under chapter 43.22A RCW.

(2) "Appeal hearing" is any proceeding in which an administrative law judge is empowered to determine legal rights, duties or privileges of specific parties on behalf of the director.

(3) "Appellant" means any person, contractor, firm, partnership, corporation, or other entity that has filed an appeal.

(4) "Approved homeowner" is an individual person who owns a manufactured home and who also has passed the departments' installer training class and test, with the intention of installing their home and residing in that home upon completion of the installation work.

(7)"Certified manufactured home installer" means a person who is in the business of installing manufactured or mobile ((or manufactured)) homes and who has been issued a certificate by the department as provided in this chapter.

(((5) "Compliance inspector" refers to the departmental staff responsible for investigating potential violations of chapter 43.22A RCW.

(6)))(8)"Contractor" is as defined in chapters 18.27, 18.106, and 19.28 RCW.

(((7)))(9) "DAPIA" is a design approval primary inspection agency as approved by the United States Department of Housing and Urban Development and defined by 24 C.F.R. Part 3286.3.

(11)"Department" refers to the department of labor and industries.

(((8) "Extension of the pressure relief valve for the water heater" means extension to the outside of the home as described in the Uniform Plumbing Code.

(9)))(12) "Final infraction" means an infraction that was not appealed during the time period required by RCW 43.22A.200, or was affirmed by an administrative law judge or any court.

(15)"Infraction" means a violation of chapter 43.22A RCW ((as cited by the department's compliance inspectors.

(10))).

(18)"Manufactured home" means a single-family dwelling built in accordance with the Department of Housing and Urban Development Manufactured Home Construction and Safety Standards Act, which is a national, preemptive building code.

(((11)))(19)"Manufactured/mobile home dealer" is a vehicle dealer as defined in ((chapter 46.70)) RCW 46.70.011.

(((12)))(20)"Manufacturer" refers to a manufacturer of single-family dwellings built according to the Department of Housing and Urban Development Manufactured Home Construction and Safety Standards Act, which is a national, preemptive building code.

(((13) "Mobile or manufactured home installation" as defined in RCW 43.22A.010 does not include installation of electrical wires and equipment that convey electrical power to the home or to an outlet in the home, and does not include the ground crossover. Installation of electrical wires and equipment that convey electrical power to the home or to an outlet in the home must be performed by a journeyman or specialty electrician as defined in chapter 19.28 RCW. Equipment does not include plug-in household appliances.

(14)))(21) "Mobile home" means a factory-built dwelling built before June 15, 1976, to standards other than the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.), and acceptable under applicable state codes in effect at the time of construction or introduction of the home into this state.

(23)"Other equivalent experience" means six months of hands-on experience installing manufactured homes under the guidance of a reputable, recognized manufactured home installer; or two years experience in residential or commercial construction.

(((15)))(24) "Retailer" means the same as "dealer" for the purposes of this section.

(25)"Site" means the parcel of land ((designed))approved by the local enforcement agency to accommodate the dwelling and auxiliary structures.

MANUFACTURED HOME INSTALLER REQUIREMENTS

The training program must contain instruction and a written examination. The program curriculum includes, but is not ((be)) limited to, the following topics:

• Relevant federal, state and local laws and standards;

• Supports, footings, anchors, site preparation, placement, closing in, plumbing, electrical, combustion appliances, skirting, interior, and exterior finishing;

• Operational checks and adjustments;

• Auxiliary or adjacent structures; and

• Alterations.

As part of the training program, the department will provide a training manual to each applicant ((as part of the training program)), with the contents of ((which will include, but not be limited to,)) the above ((topics))curriculum.

The examination ((must))will only include topics covered in the training program. In order to pass the examination, applicants must answer seventy percent of the questions correctly. An applicant who fails the examination will be permitted to retake the training course and/or the examination as often as is necessary to secure a passing rate of seventy percent.

A person ((desiring))wanting to be certified as a manufactured home installer under chapter 43.22A RCW must submit a signed application form and the fee specified in WAC 296-150I-3000 to the department((, which)). The application must contain((s)) the following information:

(1) The applicant's full name, date of birth, driver's license number or other government identification number, and Social Security number. Social Security numbers are required on applications for professional licenses pursuant to RCW 26.23.150 and federal law PL 104-193, The Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

(2) Written affidavit documenting evidence of experience as required under RCW 43.22A.040.

(3) Business name, phone number, and contractor registration number, if applicable. Status of applicant, i.e., owner or employee.

(4) Training/examination location and date preference.

(5) If the application is denied by the department as a result of the applicant's failure to meet the requirements of chapter 43.22A RCW and this chapter, the department will attempt to notify the applicant prior to the date the applicant is scheduled to attend the training and examination.

(1) A certified ((manufactured home)) installer ((desiring to))may renew their certification as a manufactured home installer under chapter 43.22A RCW ((must file))by filing a certification renewal application with the department.

(2) The application must:

(a) Be received by the department on or before the installer's certification expiration date.

(b) Be accompanied by the certification renewal fee specified in WAC 296-150I-3000.

(3) If a certified installer fails to apply for renewal and provide proof of continuing education within ninety days prior to the expiration of the installer's current certification, the installer must reapply for installer certification and meet all requirements for installer certification as set forth in chapter 43.22A RCW and this chapter.

(4) Before a ((new)) certification ((is))renewal will be issued, the certified installer must provide proof to the department that the certified installer has met the continuing education requirements set forth in this chapter.

(5) The department will attempt to notify installers prior to expiration; however, it is the installer's responsibility to ensure timely renewal.

(1) The department ((will))may revoke an installer's certification if they receive three or more "final infractions" during their current three-year certification period. The department ((will))may judge the installer to be incompetent due to multiple infractions of the state manufactured home installer requirements and the manufactured home installation ((code))requirements. Revocation of the installer certification will be valid for two years from the effective date of the revocation.

(2) Where applicable, the department must send notice to the certificate holder's employer regarding revocation of an installer certification.

(3) A person may reapply for a manufactured home installer certification two years after the effective date of the revocation by submitting a completed application and payment for training and examination. Upon passing the written examination, a ((certificate of))new manufactured home ((installation))installer certification will be issued.

The issuance of a ((certificate of)) manufactured home ((installation))installer certification by the department under chapter 43.22A RCW and these rules does not exempt the certified installer from compliance with any local, state, or federal requirements relative to any business or occupational licenses or registrations.

((On-site work or equipment))Manufactured home installation work which falls within the scope ((of installation as)) set forth in RCW 43.22A.010(6) shall not be performed on a manufactured home ((at any time after the initial installation of a manufactured home)) without the on-site supervision of a certified manufactured home installer((.

On-site work and equipment installation work does not include routine maintenance or other routine repairs such as periodic adjustments to piers, replacement of a damaged pier, or skirting repair)). Some categories of installation work are exempt from certification requirements in accordance with RCW 43.22A.120, WAC 296-150I-0105 and 296-150I-0110.

Specialty work performed within the scope of their licenses by licensed plumbers and electricians is exempt from the installer certification requirements of this chapter.

(1) The owner of a ((mobile or)) manufactured home may install or perform ((on-site work or equipment)) installation work on his or her own home without obtaining certification from the department as a certified manufactured home installer if the home is intended for use as the homeowner's primary residence. For the installation of a manufactured home the homeowner must attend and pass an installer training class prior to starting the work.

(2) The installation((, on-site work or equipment installation)) work must be performed in compliance with this chapter((, Washington installation code))and be permitted and inspected by the local enforcement agency.

(3) If the owner of a manufactured home hires any individual or business to assist the owner in the installation((, on-site work, or equipment installation)) work, a certified installer is required to be on-site supervising such work and must meet all the requirements of this chapter.

(4) For the purposes of this chapter, an "owner" of a manufactured home does not include a manufactured/mobile home dealer, distributor, park owner or manager, contractor, or developer who installs or performs ((on-site work or equipment)) installation work on a manufactured home intended for resale or rental.

(1) ((If))A certified installer ((obtains))must assure that a placement permit for the manufactured home installation ((or placement permit))has been purchased from the local enforcement agency((,)). The certified installer shall ensure that all required installation inspections, relative to the work performed by the certified installer, are completed.

(2) Installer certification ((requirements do))does not eliminate any contractor registration requirements of chapter 18.27 RCW ((to become a registered contractor)).

(3) An out-of-state ((mobile/manufactured))manufactured/mobile home dealer who performs ((the set-up,)) installation((, or repair)) work must ((be an active registered))comply with the contractor registration requirements of chapter 18.27 RCW. The ((mobile/manufactured))manufactured/mobile home dealer must employ at least one certified installer to supervise the installation.

A certified manufactured home installer shall:

(1) Verify the acceptability of the site preparation before beginning any installation work;

(2) Ensure all phases of the installation work performed by the installer or crew being supervised are complete and in compliance with this chapter((, Washington installation code;

(2)));

(3) Notify the local enforcement agency upon completion of the installation work; and

(((3)))(4) Correct all nonconforming aspects of the installation identified by the local enforcement agency or by an authorized representative of the department within thirty days of issuance of notice of the same.

Prior to installing((,))or performing ((on-site work or equipment)) installation work on a manufactured home, certified manufactured home installers or the retailers by whom they are employed must obtain an "installer certification tag" from the department ((or from the local enforcement agency who participates in tag sales)). The installer certification tag shall be in the form approved by the department.

No manufactured home may be installed by a certified installer without ((an))the installer affixing their certification tag ((affixed)) thereto. The certified installer must indicate the installation work they have performed or supervised on the installer tag.

Only currently certified manufactured home installers ((shall))will be issued installer certification tags.

Approved homeowners performing the installation((, on-site work or equipment installation)) work on their own manufactured home ((are not required to acquire and affix))are required to purchase an installer certification tag for use on their home.

(1) Installer certification tags may only be purchased by a certified manufactured home installer, an approved homeowner, or by a manufactured home retailer licensed by the Washington state department of licensing.

(a) The certified manufactured home installer, approved homeowner, or manufactured home retailer purchasing the installer certification tag is responsible for complying with the security, use, and reporting requirements of this chapter.

(b) Manufactured home retailers may purchase installer certification tags ((in bulk)) and issue them to certified manufactured home installers employed by the manufactured home retailer.

(2) In order to purchase installer certification tags, the certified manufactured home installer, approved homeowner, or manufactured home retailer ((shall))must submit an application to the department ((or local enforcement agency)) on a form approved by the department. The application shall be accompanied by the appropriate installer certification tag fee as set forth in WAC 296-150I-3000.

(3) The department ((or manufactured home retailer)) may issue a maximum of thirty certification tags to a certified manufactured home installer. A certified manufactured home installer may not have more than thirty installer certification tags issued at any one time for which the reporting requirements of this section have not been met.

(4) Installer certification tags cannot be transferred or assigned without the written approval of the department. Fees paid for installer certification tags are not refundable.

(a) If a certified manufactured home installer's certification is suspended, revoked, or expires, all unused installer certification tags assigned to the certified manufactured home installer must be returned to the department.

(b) If a certified manufactured home installer or manufactured home retailer ceases to do business, all unused installer certification tags must be returned to the department.

(c) If a manufactured home retailer changes ownership, unused installer certification tags may be transferred to the new ownership if the department approves the transfer following receipt of a written request for transfer from the manufactured home retailer.

(5) Issuance of installer certification tags may be denied if:

(a) The certified manufactured home installer's certification has been revoked or suspended pursuant to chapter 43.22A RCW;

(b) The certified manufactured home installer has failed to comply with the reporting requirements of this chapter;

(c) The department has evidence that the certified manufactured home installer has misused the installer certification tag by not complying with the requirements of this chapter;

(d) The certified manufactured home installer possesses installer certification tags in excess of the quantity authorized by subsection (3) of this section for which the reporting requirements of this chapter have not been met; or

(e) The certified manufactured home installer is not an active registered contractor or an employee of a manufactured home retailer or active registered contractor licensed in Washington.

(1) The installer certification tag must be placed on the home upon completion of ((the installation))each installer's portion of the work and prior to inspection by the local enforcement agency.

(2) The installer certification tags must be placed on the end of a home section directly above or below the HUD certification tag or ((temporarily located in plain sight within three feet of the home's front entry))placed on the chassis main I-beam directly adjacent to and visible from the crawl space access.

(3) The local enforcement agency may not issue final approval of a home installation until one or more installer certification tags have been affixed to the home indicating all installation work was performed by a certified manufactured home installer or approved homeowner.

(4) The installer certification tag ((must))may only be removed ((only)) by the owner of the home following final approval of the installation of the home by the local enforcement agency.

Certified manufactured home installers, approved homeowners, and manufactured home retailers who purchase installer certification tags from the department must submit a monthly report to the department on a form approved by the department relative to all installer certification tags issued.

(1) The report is due no later than the 15th day of each month following the month of installation work being performed on a home. A certification tag report is not required for those months in which no installation work was performed.

(2) A manufactured home retailer who assigns tags to a certified manufactured home installer is responsible for ensuring completion of the monthly report. The manufactured home retailer must file a separate report for each certified manufactured home installer to whom the manufactured home retailer assigned installer certification tag(s).

(3) The installer certification tag report must contain the following information for each installation:

(a) The installer certification tag number;

(b) The address of the installation;

(c) The date of the installation;

(d) The name and certification number of the certified manufactured home installer; and

(e) Any other information required by the department.

The department of labor and industries will ensure installers comply with the requirements of RCW 43.22A.130 which requires a certified ((manufactured/mobile))manufactured home installer to be present for each phase of the installation being performed by all members of the installation crew by:

(1) Random site inspections of manufactured home installations and verification of installer certification and supervision; ((and))

(2) Investigations of complaints and violations reported to the department; and

(3) Audit of installers certification tag reports and usage.

((The certified installer must enter their Washington installer certification number on the installer tag for each element they are supervising.))

(1) Under RCW 43.22A.130, the department can issue a notice of infraction to a person, contractor, manufactured/mobile home dealer, manufacturer, or home dealer's or manufacturer's agent for:

(a) Failure to have a certified installer on the installation site whenever installation work is being performed;

(b) Failure to correct all nonconforming aspects of the installation identified by the local enforcement agency or by an authorized representative of the department within thirty days of issuance of notice of the same;

(c) Failure by a certified installer to affix a certification tag to an installed ((manufactured/mobile))manufactured home;

(d) Transfer of certification tag(s) from a certified installer to another certified installer without prior written approval of the department;

(e) Transfer of certification tag(s) from a certified installer to a noncertified installer((;

(f) Transfer of unused installer certification tags by a manufactured home retailer to a new ownership without prior written approval of the department)).

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

(3) Once a violation of chapter 43.22A RCW or this chapter becomes final, any additional violations within three years become a "second," "third," or "additional" violation subject to an increased penalty as set forth in WAC 296-150I-3000.

(4) See WAC 296-150I-3000 for the specific monetary penalties associated with each of the violations discussed in this section.

When an installer violates chapter 43.22A RCW, the department may issue a notice of infraction ((which must contain the following:)).

(1) The department shall prescribe the form of the notice of infraction issued under this chapter.

(2) The notice of infraction must include the following:

(a) A statement that the notice represents a determination that the infraction has been committed by the person named in the notice and that the determination is final unless contested as provided in this chapter;

(b) A statement that the infraction is a noncriminal offense for which imprisonment may not be imposed as a sanction;

(c) A statement of the specific infraction for which the notice was issued;

(d) A statement of a monetary penalty that has been established for the infraction;

(e) A statement of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options;

(f) A statement that, at a hearing to contest the determination, the state has the burden of proving, by a preponderance of the evidence, that the infraction was committed, and that the person may subpoena witnesses including the authorized representative who issued and served the notice of the infraction; and

(g) A statement that failure to respond to a notice of infraction is a misdemeanor and may be punished by a fine or imprisonment in jail.

A person, firm, contractor, partnership, or corporation may be issued a notice of infraction for violations of chapter 43.22A RCW and this chapter.

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

(1) ((File))Filing two copies of an appeal notice, specifying the reasons for the appeal, at the office designated on the notice of infraction; and

(2) ((File))Filing the appeal notice within twenty days of the date the infraction is mailed.

An administrative law judge from the office of administrative hearings will preside over the hearing and give a decision. The hearing shall be conducted in the county where the infraction occurred. However, both the appellant and the department have a right to ask the administrative law judge to change the hearing's location.

Appellants may either represent themselves or be represented by an attorney. The department will be represented by the office of the attorney general.

The hearing process shall be conducted according to chapter 34.05 RCW, Administrative Procedure Act and chapter 10-08 WAC. All appeals of the hearing decision shall be to the superior court according to chapter 34.05 RCW.

(1) Appeal notices that are received timely are first reviewed by the department for purposes of reconsideration.

(2) Appeal notices that are not received timely will be returned to the appellant with appeal rights stated.

(3) Appeal notices that are received timely and are not reconsidered according to subsection (1) of this section are recorded and forwarded to the office of the attorney general, then to the office of administrative hearings.

(1) If a person, contractor, manufactured/mobile home dealer, manufacturer, or home dealer's or manufacturer's agent named in a notice of infraction does not choose to appeal the notice, then ((the person, contractor, manufactured/mobile home dealer, manufacturer, or home dealer's or manufacturer's agent))they must pay the department the amount of the penalty prescribed for the infraction.

(2) After an administrative law judge decides that an infraction has been committed, a person, contractor, manufactured/mobile home dealer, manufacturer, or home dealer's or manufacturer's agent who does not appeal the decision to a superior court has thirty days to pay any outstanding monetary penalties.

MANUFACTURED HOME INSTALLATION REQUIREMENTS

(1) The director of labor and industries is responsible for establishing uniform ((installation)) standards ((where possible and practical for persons or entities engaged in performing))and requirements for the installation of manufactured homes within the state.

(2) Local jurisdictions may adopt additional installation requirements only for those installation situations not covered by federal standards. For example, local jurisdictions may impose fire sprinkler requirements, noise control construction ordinances, prescribe the frost depth and soil bearing capacity at the installation site, and adopt requirements to protect manufactured homes in hazardous areas (see WAC ((296-150I-0310))296-150I-0340).

Also, local jurisdictions may impose their requirements for snow loads as long as all structures within their jurisdiction are required to comply with the same standard and provided those installing the manufactured home are given options in satisfying that standard. Such an option might include, but not be limited to, allowing an installer to erect an additional structure, which meets local standards, and protects the manufactured home. For example, an installer could erect a ((free standing ramada))freestanding roof structure over a manufactured home to protect it from local snow loads.

Local jurisdictions may not:

(a) Dictate alternate foundation design and construction ((which))when a foundation is built according to either the manufacturer's installation instructions or a design created by an engineer or architect licensed in Washington state.

(b) Impose regulations on smoke detectors and carbon monoxide detectors because they are regulated by federal standards.

((To the extent that the installation of a manufactured home is not covered by a manufacturer's, engineer's, or architect's instructions,))The installation of all manufactured homes shall comply with the ((installation)) requirements of this section.

(1) Installation of a new manufactured home.

(a) The ((initial))installation of a new manufactured home ((installation)) must be conducted according to the manufacturer's instructions.

(b) If the manufacturer's instructions do not address an aspect of the installation, you may request:

(i) Specific instructions from the manufacturer; or

(ii) Specific instructions from a professional engineer or architect licensed in Washington state.

For example:

• A manufactured home is installed over a basement and the manufacturer's instructions do not address this application;

• A manufactured home is installed on a site where the specific soil bearing capacity is not addressed in the manufacturer's instructions.

(c) All manufactured homes installed in Washington state must be permanently anchored except for those installed on dealer lots. On dealer lots, temporary sets are permitted without anchoring being installed. A manufactured home must be anchored according to the manufacturer's installation instructions or according to the design of a professional engineer or architect licensed in Washington state. Local jurisdictions may not prescribe anchoring methods.

(d) A manufactured home must have a skirting around its entire perimeter. ((It))Skirting must be installed ((per))in accordance with the manufacturer's installation instructions or if the manufacturer is not specific, to the standards in this section. Do not enclose with skirting, areas under recessed entries, porches or decks, (whether constructed as part of the home or added ((on-site))on site) unless skirting is of the fully vented type and installed so as to allow water to freely flow out from under the home. Porch areas open to the crawl space area of the home must have ((ground cover))the vapor retarder removed((;))and the ground directly below the porch must slope away from the home. ((It))Skirting must be vented and allow access to the under floor area ((per))in accordance with the manufacturer's installation instructions or ((per the standards))as required below if the manufacturer's instructions are not available.

If the manufacturer's skirting and access instructions are not specific, skirting, ventilation and access shall be installed as follows:

(i) Skirting:

• Must be made of materials suitable for ground contact.

• Metal fasteners must be made of galvanized, stainless steel or other corrosion-resistant material.

• Ferrous metal members in contact with the earth, except those made of galvanized or stainless steel, must be coated with an asphaltic emulsion.

• Must not trap water between the skirting and siding or trim.

• Must be recessed behind the siding or trim.

(ii) Ventilation:

For homes sited in a flood plain, contact the local jurisdiction regarding proper skirting ventilation. Except for those manufactured homes sited in a flood plain, all skirting and vent openings must:

• Be covered with corrosion-resistant wire mesh to prevent the entrance of rodents. The size of the mesh opening cannot exceed 1/4 inch.

• Have a net area of not less than one square foot for each one hundred fifty square feet of under floor area.

• Be located as close to corners and as high as practical and ((they must)) provide cross ventilation on at least two opposite sides.

(iii) Access:

• The under floor area of a manufactured home must have a finished opening at least eighteen inches by twenty-four inches in size.

• Opening must be located so that all areas under a manufactured home are available for inspection.

• Opening must be covered ((and that)). The cover must be made of ((metal, pressure treated wood or vinyl))material suitable for skirting or venting as required in this chapter.

(e) A manufactured home site must be prepared ((per))in accordance with the manufacturer's installation manual or ((per ANSI A225.1, 1994 edition, section 3))to the requirements of the Model Manufactured Home Installation Standards 24 C.F.R. Part 3285, Subpart C.

(f) If the home is pit set, a drainage system must be installed to divert groundwater from the underside of the home.

(g) Heat duct crossovers must be installed ((per))in accordance with the manufacturer's installation instruction manual or ((per ANSI A225.1 or the following instructions if the manufacturer's instructions are not available:))if the manufacturer's instructions are not available, to the requirements in the Model Manufactured Home Installation Standards 24 C.F.R. Part 3285.606.

Heat duct crossovers ((must be supported at least one inch above the ground by strapping or blocking. They)) must be installed to avoid standing water((. Also, they must be))and installed to prevent compression, sharp bends, and to minimize stress at the connections. In all cases, the duct must be supported at least one inch off the ground (exception to the Model Manufactured Home Installation Standards 24 C.F.R. Part 3285).

(((g)))(h) Dryer vents must exhaust to the exterior side of the wall or skirting. Dryer ducts outside the manufactured home shall comply with the dryer manufacturer's specifications or shall be made of metal with smooth interior surfaces.

(((h) Hot water tank pressure relief lines must exhaust to the exterior side of the exterior wall or skirting and must exhaust downward. The end of the pipe must be at least six inches but not more than two feet above the ground.))

(i) Water heater pans are only required where the installation instructions ((are specific))specifically require a pan for warranty or the home was produced after ((June 2006))May 31, 2006. The ((pressure relief))water heater pan drain line must ((exit the skirting))drain to the exterior of the home ((as well as the relief line for any pan installed and not to)). The water heater pan drain line and the PRV drain line must not be interconnected.

(((ii)))(j) Water heater expansion tanks are not required by the department; however, you ((may want to))should check with your local jurisdiction for their requirements prior to installation ((of your water heater)).

(((i)))(k) Water piping must be protected against freezing ((as per))in accordance with the manufacturer's installation instructions or by use of a heat tape listed for use with manufactured homes and installed ((per))as required by the heat tape manufacturer's installation instructions.

(((j)))(l) The testing of water lines, waste lines, gas lines, and electrical systems must ((be as per))comply with the manufacturer's installation instructions. If the manufacturer's installation instructions require testing of any of these systems, the local jurisdiction is responsible for verifying that the tests have been performed and passed. Electrical connections and testing are the responsibility of the electrical section of labor and industries except where a city has assumed the electrical inspection responsibilities for their jurisdiction. In that case, the city's electrical inspectors are responsible for the electrical connections and testing.

(((k) During the installation process, a ground cover))(m) A vapor retarder must be installed under all manufactured homes. ((The ground cover must be a minimum of six-mil black polyethylene sheeting or its equivalent (exception to ANSI A225.1 (3.5.2)). The ground cover may be omitted if the under floor area of the home has a concrete slab floor with a minimum thickness of three and one-half inches.

(l)))Joints in vapor retarders must overlap a minimum of twelve inches. Voids, cuts, and tears in the vapor retarder must be patched or repaired with an approved method.

(n) Clearances underneath manufactured homes must be maintained at a minimum of eighteen inches beneath at least seventy-five percent of the lowest member of the main frame (I-beam or channel beam) and the ground or footing. ((No more than twenty-five percent of the lowest member of the main frame of the home shall be less than eighteen inches above the ground or footing.)) In no case shall clearance be less than twelve inches anywhere under the home (((exception to ANSI A225.1 (4.1.3.3))))and eighteen inches at the heat duct cross over locations.

(((m)))(o) Heat pump and air conditioning condensation lines must be extended to the exterior of the manufactured home.

(2) Installation of a relocated manufactured (((mobile))) home.

(a) A relocated manufactured home ((installation should be conducted))must be installed according to the manufacturer's installation instructions.

(b) If the manufacturer's instructions are ((unavailable))not available, you may use either:

(i) The ((American National Standard Institute (ANSI) standard ANSI A225.1 - Manufactured Homes Installation, 1994 edition instructions))Model Manufactured Home Installation Standards 24 C.F.R. Part 3285; or

(ii) The instructions of a professional engineer or architect licensed in Washington state.

(c) ((If either (b)(i) or (ii) of this subsection is used))For the installation of a relocated manufactured home, all of the requirements of subsection (1)(c) through (((m)))(p) of this section must also be followed.

((Contact the department at 1-800-647-0982.))The standard may be obtained from the Institute for Building Technology and Safety (IBTS) or the U.S. Government Publishing Office (GPO).

Manufactured (((mobile))) homes placed on temporary display or in storage by a manufacturer, dealer or distributor in excess of thirty days shall be:

(1) Supported under each main frame beam by supports located within two feet of each end and within four feet of the front and rear axle and other supports so that no span shall exceed sixteen feet; ((and))

(2) Made weather tight at any marriage line joint at the roof and wall lines; and

(3) In addition to subsections (1) and (2) of this section, manufactured homes in storage or on display longer than ninety days must also be supported at each centerline column and along each rim joist at the manufacturer's identified support points.

(1) Local enforcement agencies may have special installation requirements for manufactured homes installed in hazardous areas.

(2) A hazardous area is:

(a) An area recognized as a flood plain by the local jurisdiction; or

(b) An area considered hazardous due to the probability of earthquake. In such areas, local jurisdictions may require an earthquake resistant bracing system designed for the earthquake zone in which the home is located by the home manufacturer or by a registered professional engineer or architect.

(1) A manufactured home may be installed by:

• ((A))An approved homeowner;

• A certified installer;

• An individual who is supervised by an on-site certified installer; or

• A specialty trades person((, such as a plumber or electrician, for certain aspects of installation))as specified in WAC 296-150I-0105.

(2) A certified installer must be a registered contractor, an employee of a registered contractor, or an employee of a ((registered))licensed dealership. (((See chapter 43.22A RCW for details about which aspects of installation require the presence of a certified installer.)))

(1) A dealer, owner or agent must not deliver a manufactured home to its site without verifying that an installation permit has been obtained; ((and))

(2) Manufactured home installation work shall not be performed until a permit for such work has been issued by the local enforcement agency; and

(3) Any permit fees set by the local enforcement agency must be paid in full and included with the permit application.

All manufactured home installations must be inspected and approved by the local enforcement agency as required by regulations established by HUD for manufactured housing.

Local enforcement agencies may enter into interagency agreements with the department to perform ((on-site)) installation inspections on their behalf ((of the authority having jurisdiction (AHJ))). A permit must be purchased with the department for these inspections.

The department monitors the installation and inspection of manufactured homes within the state to assure compliance with the regulations established by HUD, for manufactured housing.

A manufacturer's installation manual must be provided for the inspecting jurisdiction ((whenever any portions of the manufacturer's installation instructions have been used for any portion of the installation))When the manufacturer's original installation instructions are not available for a secondary installation, the installer shall provide an affidavit in lieu of the installation instruction manual, that the home is installed to the provisions of this chapter.

(1) The installation instructions must be located between the I-beam and the bottom board within five feet of the main electrical feeder when the skirting has not been installed.

(2) When the skirting has been installed, the installation instructions shall be located between the I-beam and the bottom board within five feet of the access opening.

(3) Instructions must be returned to ((such))this location when the inspection is completed.

((On-site))Adjacent structures((, sometimes referred to as auxiliary structures,)) such as, but not limited to, ((carports))additions, decks, porches, and ((steps))awnings should be self-supporting, unless the manufacturer has designed the manufactured home to support an "attached accessory building or structure" as indicated on the HUD data plate posted in the home.

(1) Local enforcement agency jurisdiction.

(a) ((On-site))Adjacent self-supporting structures that do not use any of the systems in the manufactured home are ((inspected by))under the authority of the local enforcement agency ((and they should be contacted for specific on-site structure requirements.

(2) Department of labor and industries jurisdiction.

(((a) On-site))Adjacent structures that are ((not self-supporting or))supported by the manufactured home, use one or more of the systems of the manufactured home, or have other structural alterations to the home, require ((an))a permit and inspection by the department ((and))in accordance with chapter 296-150M WAC. They may also require permits, review and inspection by the local enforcement agency.

(((b) Awnings and carports that are attached to the manufactured (mobile) home without the benefit of a self-supported beam require approval and inspection by the department.

(ii) If the manufactured (mobile) home is not built "garage ready" at the factory, an alteration inspection is required for all changes made to it.))

(1) If a dispute arises between any person, business, or local enforcement agency concerning an installation requirement of ((ANSI A225.1))the Model Manufactured Home Installation Standards 24 C.F.R. Part 3285 or this chapter, the issue may be submitted to the factory assembled structures advisory (FAS) board.

(2) The board may provide an opinion on the requirement.

(1) Manufactured ((and mobile)) homes that are ((structurally)) damaged ((during transportation or when being set up on a new or secondary set-up))prior to, or during installation and are repaired at a location other than the manufacturer's facility ((shall)) require ((an))permits, inspections, and approval ((with))of the repairs from labor and industries. Permits are not required for the repair of minor damage such as shingle repairs, broken window(s), paint damage, minor siding damage and damaged bottom board or similar.

The repair and inspection shall be performed to either:

(a) Plans approved by the manufacturer's ((design approval primary inspection agency))DAPIA and verified by the FAS plan review section; or

(b) Plans approved by an engineer or architect licensed in Washington and ((have the plans)) approved by the FAS plan review section((;)).

(2) ((Electrical and plumbing alterations to the damaged manufactured/mobile home shall be performed by a Washington state licensed electrician and/or plumber.

(1) Monetary penalties for infractions listed in WAC 296-150I-0210 ((shall))may be assessed for each violation of chapter 43.22A RCW in the following amount:

(2) The department shall refund fees paid for training and certification or certification renewal as a manufactured home installer if the application is denied for failure of the applicant to comply with the requirements of chapter 43.22A RCW or these rules.

(3) If an applicant has paid fees to attend training or to take an examination and is unable to attend the scheduled training or examination, the applicant may:

(a) Change to another scheduled training and examination; or

(b) Request a refund.

(4) An applicant who fails the examination shall not be entitled to a refund.

"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 C.F.R. 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))1899 L Street, N.W., 11th Floor, Washington D.C. 20036.

"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, Factory Assembled Structures, P.O. Box ((44440))44430, Olympia, WA 98504-((4440))4430.

"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 that require an alteration inspection include:

• Furnace;

• Water heater;

• Air conditioner;

• Heat pump; and

• New and extended electrical circuits.

Examples that do not require an alteration inspection include:

• 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).

"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.

"State administrative agency (SAA)" the department of labor and industries shall perform all the consumer complaint and related functions 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.

(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).