WSR 02-21-109

EMERGENCY RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed October 22, 2002, 12:30 p.m. ]

     Date of Adoption: October 22, 2002.

     Purpose: Manufactured homes, chapter 296-150M WAC and Factory-built and commercial structures, chapter 296-150F WAC.

     These rules are necessary to extend the emergency rule changes filed on June 28, 2002 (see WSR 02-14-073) that were authorized by chapter 268, Laws of 2002. These emergency rules include:

•     Changes to the fee schedules for mobile/manufactured homes and factory-built housing and commercial structures rules;

•     Provisions to allow the department to waive mobile/manufactured home alteration permit fees for indigent permit applicants;

•     Revisions to the disclosure requirements pertaining to the sale of mobile/manufactured homes;

•     Provisions allowing the parties involved to enter into a conditional sales agreement as is consistent with the sale of a site-built home;

•     Changes to the department's ability to prohibit the sale or lease of mobile/manufactured homes; and

•     Notification provisions for when an inspection is requested and if alterations to the home constitute a hazard to life, safety, or health.

     Citation of Existing Rules Affected by this Order: Amending WAC 296-150M-0020, 296-150M-0049, 296-150M-0050, 296-150M-0320, 296-150M-3000, and 296-150F-3000.

     Statutory Authority for Adoption: RCW 43.22.340, 43.22.400, 43.22.432, 43.22.433, 43.22.434, 43.22.480, 43.22.485, and chapter 268, Laws of 2002 (SSB 6364).

     Other Authority: Chapter 43.22 RCW.

     Under RCW 34.05.350 the agency for good cause finds that state or federal law or federal rule or a federal deadline for state receipt of federal funds requires immediate adoption of a rule.

     Reasons for this Finding: These emergency rules are necessary to implement chapter 268, Laws of 2002 (SSB 6364). Section 10 of this act states:

     "Sections 1, 2, and 4 through 9 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately."

     As these emergency rules are for purposes of implementing several of the provisions authorized under sections 1, 2, and 4 through 9 of the act the department is authorized to adopt these rules using the emergency rule-making process and to put these rules into effect immediately per RCW 34.05.380(3).

     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 6, 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 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 2, Amended 6, 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 6, Repealed 0.

     Other Findings Required by Other Provisions of Law as Precondition to Adoption or Effectiveness of Rule: Chapter 268, Laws of 2002 (SSB 6364) contains an emergency clause (see section 10) that adopted several of the provisions of the act immediately. As these rules are necessary to implement several of the provisions included in the act the department is authorized to adopt these rules using the emergency rule-making process and to put these rules into effect immediately per RCW 34.05.380(3).
     Effective Date of Rule: Immediately.

October 22, 2002

Gary Moore

Director

     Reviser's note: The material contained in this filing exceeded the page-count limitations of WAC 1-21-040 for appearance in this issue of the Register. It will appear in the 02-22 issue of the Register.

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