(1) The
director or the director's authorized representative may conduct
such inspections, investigations, and audits as may be necessary
to adopt or enforce manufactured and mobile home, commercial
coach, conversion vending units, medical units, recreational
vehicle, park trailer, factory built housing, and factory built
commercial structure rules adopted under the authority of this
chapter or to carry out the director's duties under this chapter.
(2) For purposes of enforcement of this chapter, persons
duly designated by the director upon presenting appropriate
credentials to the owner, operator, or agent in charge may:
(a) At reasonable times and without advance notice enter any
factory, warehouse, or establishment in which manufactured and
mobile homes, commercial coaches, conversion vending units,
medical units, recreational vehicles, park trailers, factory
built housing, and factory built commercial structures are
manufactured, stored, or held for sale;
(b) At reasonable times, within reasonable limits, and in a
reasonable manner inspect any factory, warehouse, or
establishment as required to comply with the standards adopted by
the secretary of housing and urban development under the national
manufactured home construction and safety standards act of 1974.
Each inspection shall be commenced and completed with reasonable
promptness; and
(c) As requested by an owner of a conversion vending unit or
medical unit, inspect an alteration.
(3) For purposes of determining compliance with this
chapter's permitting requirements for alterations of mobile and
manufactured homes, the department may audit the records of a
contractor as defined in chapter 18.27 RCW or RCW 18.106.020(1)
or an electrical contractor as defined in RCW 19.28.006 when the
department has reason to believe that a violation of the
permitting requirements has occurred. The department shall adopt
rules implementing the auditing procedures. Information obtained
from a contractor through an audit authorized by this subsection
is confidential and not open to public inspection under chapter 42.56 RCW.
(4)(a) The department shall set a schedule of fees by rule
which will cover the costs incurred by the department in the
administration of RCW 43.22.335 through 43.22.490. The
department may waive mobile/manufactured home alteration permit
fees for indigent permit applicants.
(b)(i) Until April 1, 2009, subject to (a) of this
subsection, the department may adopt by rule a temporary
statewide fee schedule that decreases fees for
mobile/manufactured home alteration permits and increases fees
for factory-built housing and commercial structures plan review
and inspection services.
(ii) Effective April 1, 2009, the department must adopt a
new fee schedule that is the same as the fee schedule that was in
effect immediately prior to the temporary fee schedule authorized
in (b)(i) of this subsection. However, the new fee schedule must
be adjusted by the fiscal growth factors not applied during the
period that the temporary fee schedule was in effect.
[2005 c 274 § 296; 2004 c 137 § 1; 2003 c 67 § 1. Prior: 2002 c 268 § 3; 2002 c 268 § 2; 2001 c 335 § 5; 1999 c 22 § 10; 1995 c 280 § 5; 1977 ex.s. c 21 § 5.]
NOTES:
Part headings not law -- Effective date -- 2005 c 274: See RCW 42.56.901 and 42.56.902.
Effective date -- 2004 c 137: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect March 31, 2004." [2004 c 137 § 2.]
Purpose -- Finding -- 2002 c 268: "The purpose of this act is
to implement the recommendations of the joint legislative task
force created by chapter 335, Laws of 2001. The legislature
recognizes the need to improve communications among
mobile/manufactured homeowners, regulatory agencies, and other
interested parties, to streamline the complex regulatory
environment and inflexible enforcement system, and to promote
problem-solving at an early stage. To assist in achieving these
goals, the legislature:
(1) Encourages the relevant agencies to conduct a pilot
project that tests an interagency coordinated system for
processing permits for alterations or repairs of mobile and
manufactured homes; and
(2) Recognizes the task force's work in reviewing agency
rules related to alteration permit requirements and supports the
task force's recommendations to the agency regarding those rules.
The legislature finds that assisting consumers to understand when
an alteration of a mobile or manufactured home is subject to a
permit, and when it is not, will improve compliance with the
agency rules and further the code's safety goals." [2002 c 268 §
1.]
Effective date -- 2002 c 268: "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 [March 29, 2002]." [2003 c 67 § 2; 2002 c 268 § 10.]
Application -- 2001 c 335: See note following RCW 43.22.335.
Construction -- 1977 ex.s. c 21: See note following RCW 43.22.431.