Date of Adoption: July 20, 2001.

Purpose: The purpose of these emergency rules is to extend the emergency rules that are currently in effect (see WSR 01-08-010) for purposes of clarifying the department's current variance process to allow alternate materials, alternate design, and methods of construction to be approved provided a reasonable level of protection to life, safety, and health has been achieved. Also, these rules will allow for the sale of a manufactured/mobile home by a homeowner that purchased a manufactured/mobile home without receiving all of the required insignia provided they identify it in the disclosure statement (similar to what is currently allowed for site-built homes), which is required prior to the sale of the home under these emergency rules.

Also, the department filed notice to adopt these rules permanently on June 20, 2001 (see WSR 01-13-098).

Citation of Existing Rules Affected by this Order: Amending WAC 296-150M-0140.

Statutory Authority for Adoption: RCW 43.22.340, 43.22.400, 43.22.432. 43.22.433, 43.22.434, 43.22.480, and 43.22.485.

Other Authority: Chapter 43.22 RCW.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: Under current law it is unlawful for any person to lease, sell or offer for sale, within this state, manufactured/mobile homes unless the alterations done to the home meet the requirements of the rules provided for in chapter 296-150M WAC. Without these rules, the department does not have the ability to allow manufactured/mobile homeowners to sell their homes unless they have received all the necessary inspections and retain all of the insignia required by law. This is extremely problematic as it may create an unnecessary financial hardship on manufactured/mobile homeowners. This financial hardship may occur when the manufactured/mobile homeowner purchased a home with nonpermitted alternations or if they had or would like to complete alterations that provide the same or reasonable level of protection to life, safety and health but are inconsistent with the rules adopted by the department.

These emergency rules are necessary for the preservation of the general welfare by directly addressing public concern that the rules may create a severe financial hardship to manufactured/mobile homeowners. Further, these rules create a greater level of flexibility and do not infringe on the necessary protection to life, safety, and health.

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 1, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 1, Amended 1, 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 1, Amended 1, Repealed 0.
Effective Date of Rule: Immediately.

July 20, 2001

Gary Moore

Director

(1) Responsibilities of applicant. The applicant must submit ((in writing)) the following information ((and sign and date the request)) on a form approved by the department and pay the inspection fee in WAC 296-150M-3000.

(a) The applicant's name, address and phone number;

(b) The specific requirement or requirements from which the alternate material, alternate design or method of construction is requested;

(c) Justification why that the requirements of this chapter cannot be or were not ((be)) met ((without using alternate materials, alternate design or method of construction)); and

(d) How the use of alternate materials, alternate design or method of construction will achieve or has achieved ((the same result as the requirement and any specific alternative measures to be taken to show the alternate provides the same)) a reasonable level of protection to life, safety and health ((as the requirements)).

((The department has a form that you may use for your request.)) Contact the department at the address shown in the definition section for a copy of the approved form.

(2) Responsibilities of the department. The department will conduct an inspection provide a written response to the applicant within thirty days of receipt of the written request. The written response will state the acceptance or denial of the request, including the reasons for the department's decision. At a minimum the department will base its decision based on:

(a) The applicant's request as described in subsection (1) of this section;

(b) Research into the request;

(c) Expert advice.

(3) Applicant's response to denials. The applicant may appeal the department's decision by following the procedure in WAC 296-150M-0100.

[Statutory Authority: RCW 43.22.340, 43.22.350, 43.22.355, 43.22.360, 43.22.400, 43.22.432, 43.22.433, 43.22.434, 43.22.450, 43.22.480, and 43.22.485. 00-17-148, 296-150M-0140, filed 8/22/00, effective 9/30/00. Statutory Authority: RCW 43.22.340 and 43.22.480. 99-13-010, 296-150M-0140, filed 6/4/99, effective 7/5/99.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
NEW SECTION
WAC 296-150M-0049   What must be done prior to the sale of a manufactured/mobile home by a homeowner?   (1) Prior to the sale of any manufactured/mobile home the homeowner must deliver to the buyer a completed property transfer disclosure statement including all the criteria specified in RCW 64.06.020 and any variance(s) granted according WAC 296-150M-0140, and:

(a) Have all department insigna required by this chapter; or

(b) Have all department insigna required by this chapter for alterations performed during ownership of the home and include in the property transfer disclosure statement all alterations that were known to have been performed by any previous owner of the home.

(2) Nothing in this section shall have any effect on any written warranty(ies) required by RCW 46.70.135.

(3) This section does not apply to unsafe manufactured/mobile homes that the use of which may constitute a hazard to life, safety, or health.

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Washington State Code Reviser's Office