WSR 17-17-132 PROPOSED RULES DEPARTMENT OF LABOR AND INDUSTRIES [Filed August 22, 2017, 10:08 a.m.] Original Notice. Preproposal statement of inquiry was filed as WSR 17-13-106. Title of Rule and Other Identifying Information: Amendments to the factory assembled structures (FAS) rules, chapter 296-150I WAC, Manufactured home installer training and certification program. Hearing Location(s): On October 16, 2017, at 9:00 a.m., at the Department of Labor and Industries (L&I), 7273 Linderson Way S.W., Tumwater, WA 98501. For directions to the L&I office http://www.lni.wa.gov/Main/ContactInfo/OfficeLocations. Date of Intended Adoption: November 21, 2017. Submit Written Comments to: Alicia Curry, Management Analyst, P.O. Box 44400, Olympia, WA 98504-4400, email Alicia.Curry@lni.wa.gov, fax 360-902-5292, by 5:00 p.m. on October 16, 2017. Assistance for Persons with Disabilities: Contact Alicia Curry, management analyst, phone 360-902-6244, fax 360-902-5292, email Alicia.Curry@lni.wa.gov, by October 1, 2017. Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this rule making is to propose amendments to FAS, chapter 296-150I WAC, Manufactured home installer training and certification program, as a result of HB 1329 (chapter 10, Laws of 2017) which passed the legislature in 2017. This bill replaces the mandatory penalty of $1,000 for each infraction of manufactured home installation requirements with discretionary authority to issue warnings, and a monetary penalty of no more than $250 for a first infraction and no more than $1,000 for a second or subsequent infraction. The proposed amendments to this chapter will establish a penalty schedule for infractions for manufactured home installations as required by the bill and modify the existing rules to comply with the new statutory requirements. Reasons Supporting Proposal: Rule changes are required to implement chapter 10, Laws of 2017 (HB 1329). Statutory Authority for Adoption: Chapter 43.22A RCW, Mobile and manufactured home installation. Statute Being Implemented: Chapter 43.22A RCW, Mobile and manufactured home installation, and chapter 10, Laws of 2017 (HB 1329). Rule is not necessitated by federal law, federal or state court decision. Name of Proponent: L&I, governmental. Name of Agency Personnel Responsible for Drafting: Craig Sedlacek, Program Manager, Tumwater, Washington, 360-902-5218; Implementation and Enforcement: José Rodriguez, Assistant Director, Tumwater, Washington, 360-902-6348. A school district fiscal impact statement is not required under RCW 28A.305.135. A cost-benefit analysis is not required under RCW 34.05.328. This rule is exempt pursuant to RCW 34.05.328 (5)(b)(v). Additionally, this rule does not impose new requirements or costs. The rule reduces all existing penalties as authorized by HB 1329 (chapter 10, Laws of 2017). This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal: Is exempt under RCW 19.85.025(3) as the rule content is explicitly and specifically dictated by statute. August 22, 2017 Joel Sacks Director
AMENDATORY SECTION (Amending WSR 08-12-040, filed 5/30/08, effective 6/30/08)
WAC 296-150I-0210 What violations of RCW 43.22A.130 can result in the issuance of a notice of infraction?
(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 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.
AMENDATORY SECTION (Amending WSR 10-06-043, filed 2/23/10, effective 4/1/10)
WAC 296-150I-3000 Penalties, fees, and refunds.
Penalties
(1) Monetary penalties for ((an)) infractions listed in WAC 296-150I-0210 shall be assessed for each violation of chapter 43.22A RCW in the following amount ((of $1,000.00.)):
Fees and Refunds
(((1))) (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.
(((2))) (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.
(((3))) (4) An applicant who fails the examination shall not be entitled to a refund.
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