Date of Adoption: January 9, 2002.

     Purpose: Chapter 296-150M WAC, Manufactured homes.

     The purpose of this rule making is to adopt the emergency rules that are in effect (see WSR 01-08-010) and to make changes resulting from legislation (chapter 335, Laws of 2001, ESSB 5703) enacted in 2001. These rules are necessary to:

•	Clarify our current variance process to allow alternate materials, alternate design, and methods of construction to be approved provided they do not constitute a hazard to life, safety, or health;
•	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; and
•	Establish provisions to specify exemptions from the permit requirements.

     Citation of Existing Rules Affected by this Order: AMENDED SECTIONS:

     WAC 296-150M-0020 What definitions apply to this chapter? Definitions for "repair" and "replacement" were added. In addition, the examples of work that were not considered alterations under the definition of "Alteration" were deleted as they are now included in the new WAC 296-150M-0302.

     WAC 296-150M-0140 Do you allow the use of alternate materials, alternate design and method of construction? Amendments are being proposed to clarify our current variance process to allow alternate materials, alternate design, and methods of construction to be approved provided they do not constitute a hazard to life, safety, or health.

NEW SECTIONS:

     WAC 296-150M-0049 What must be done prior to the sale of a manufactured (mobile) home by a homeowner? A new section was added to 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.

     WAC 296-150M-0302 What are some examples of work to manufactured (mobile) homes that either require or do not require a permit and inspection? A new section was added to specify some examples of work to manufactured (mobile) homes that either require or do not require a permit and inspection under this chapter.

     Statutory Authority for Adoption: RCW 43.22.340, 43.22.350, 43.22.432, 43.22.434, 43.22.440, and chapter 335, Laws of 2001 (ESSB 5703).

      Adopted under notice filed as WSR 01-20-093 on October 3, 2001.

     Changes Other than Editing from Proposed to Adopted Version: WAC 296-150M-0020 What definitions apply to this chapter? The examples of work that were not considered alterations under the definition of "alteration" were deleted as they are now included in the new WAC 296-150M-0302.

     WAC 296-150M-0302 What are some examples of work to manufactured (mobile) homes that either require or do not require a permit and inspection? The examples that were included in the proposed WAC 296-150M-0302 and 296-150M-0304 were replaced in WAC 296-150M-0302 to reflect current department practice and to make the rules easier to understand and use.

     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 2, Amended 2, 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 2, Amended 2, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 2, Amended 2, 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 2, Amended 2, Repealed 0.

     Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: Several of the provisions included in this rule making were effective, under emergency rules, until November 16, 2001. Because the emergency rules have expired, 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 alterations or if they had or would like to complete alterations that provide a level of protection that does not constitute a hazard to life, safety, or health but are inconsistent with the rules adopted by the department.

     The immediate effective date of these rules is 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.
     Effective Date of Rule: January 9, 2002.

January 9, 2002

Gary Moore

Director

OTS-5222.3

AMENDATORY SECTION(Amending WSR 00-17-148, filed 8/22/00, effective 9/30/00)

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.

     ((The following are not considered alterations:

•	Repairs to equipment with approved parts; or
•	Modification of a fuel-burning appliance according to the listing agency's specifications; or
•	Adjustment and maintenance of equipment.))

     "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.

     "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.

     "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.

     "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.

     "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, 43.22.350, 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.]