(1) A city or town may not adopt an ordinance that has the effect, directly or indirectly, of discriminating against consumers' choices in the placement or use of a home in such a manner that is not equally applicable to all homes. Homes built to 42 U.S.C. Sec. 5401-5403 standards (as amended in 2000) must be regulated for the purposes of siting in the same manner as site built homes, factory built homes, or homes built to any other state construction or local design standard. However, except as provided in subsection (2) of this section, any city or town may require that:

     (a) A manufactured home be a new manufactured home;

     (b) The manufactured home be set upon a permanent foundation, as specified by the manufacturer, and that the space from the bottom of the home to the ground be enclosed by concrete or an approved concrete product which can be either load bearing or decorative;

     (c) The manufactured home comply with all local design standards applicable to all other homes within the neighborhood in which the manufactured home is to be located;

     (d) The home is thermally equivalent to the state energy code; and

     (e) The manufactured home otherwise meets all other requirements for a designated manufactured home as defined in RCW 35.63.160.

     A city with a population of one hundred thirty-five thousand or more may choose to designate its building official as the person responsible for issuing all permits, including department of labor and industries permits issued under chapter 43.22 RCW in accordance with an interlocal agreement under chapter 39.34 RCW, for alterations, remodeling, or expansion of manufactured housing located within the city limits under this section.

     (2) A city or town may not adopt an ordinance that has the effect, directly or indirectly, of restricting the location of mobile homes or manufactured homes in mobile home parks or manufactured housing communities, as defined in RCW 59.20.030, which were legally in existence before June 12, 2008, based exclusively on the age or dimensions of the mobile home or manufactured home. This does not preclude a city or town from restricting the location of a mobile home or manufactured home in mobile home parks or manufactured housing communities for any other reason including, but not limited to, failure to comply with fire, safety, or other local ordinances or state laws related to mobile homes and manufactured homes.

     (3) This section does not override any legally recorded covenants or deed restrictions of record.

     (4) This section does not affect the authority granted under chapter 43.22 RCW.

[2008 c 117 § 1; 2004 c 256 § 2.]

NOTES:

     Findings -- Intent -- 2004 c 256: "The legislature finds that: Congress has preempted the regulation by the states of manufactured housing construction standards through adoption of construction standards for manufactured housing (42 U.S.C. Sec. 5401-5403); and this federal regulation is equivalent to the state's uniform building code. The legislature also finds that congress has declared that: (1) Manufactured housing plays a vital role in meeting the housing needs of the nation; and (2) manufactured homes provide a significant resource for affordable homeownership and rental housing accessible to all Americans (42 U.S.C. Sec. 5401-5403). The legislature intends to protect the consumers' rights to choose among a number of housing construction alternatives without restraint of trade or discrimination by local governments." [2004 c 256 § 1.]

     Effective date -- 2004 c 256: "This act takes effect July 1, 2005." [2004 c 256 § 6.]