title: RCW 43.22.340

text:
(1) The director shall adopt specific rules for conversion vending units and medical units. The rules for conversion vending units and medical units shall be established to protect the occupants from fire; to address other life safety issues; and to ensure that the design and construction are capable of supporting any concentrated load of five hundred pounds or more. Also, the director shall adopt specific rules concerning safety standards as necessary to implement subsection (3) of this section by January 1, 2006.
(2) The director of labor and industries shall adopt rules governing safety of body and frame design, and the installation of plumbing, heating, and electrical equipment in mobile homes, commercial coaches, recreational vehicles, and/or park trailers: PROVIDED, That the director shall not prescribe or enforce rules governing the body and frame design of recreational vehicles and park trailers until after the American national standards institute shall have published standards and specifications upon this subject. The rules shall be reasonably consistent with recognized and accepted principles of safety for body and frame design and plumbing, heating, and electrical installations, in order to protect the health and safety of the people of this state from dangers inherent in the use of substandard and unsafe body and frame design, construction, plumbing, heating, electrical, and other equipment and shall correlate with and, so far as practicable, conform to the then current standards and specifications of the American national standards institute standards A119.1 for mobile homes and commercial coaches, A119.2 for recreational vehicles, and A119.5 for park trailers.
(3) Except as provided in RCW 43.22.436, it shall be unlawful for any person to lease, sell or offer for sale, within this state, any mobile homes, commercial coaches, conversion vending units, medical units, recreational vehicles, and/or park trailers manufactured after January 1, 1968, containing plumbing, heating, electrical, or other equipment, and after July 1, 1970, body and frame design or construction, unless such equipment, design, or construction meets the requirements of the rules provided for in this section.
(4) Any person violating this section is guilty of a misdemeanor. Each day upon which a violation occurs shall constitute a separate violation.
[ 2005 c 399 s 2; 2003 c 53 s 228; 2002 c 268 s 6; 1999 c 22 s 2; 1995 c 280 s 2; 1970 ex.s. c 27 s 1; 1969 ex.s. c 229 s 1; 1967 c 157 s 1.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Purpose—Finding—Effective dates—2002 c 268: See notes following RCW 43.22.434.

catchline: Manufactured homes, mobile homes, recreational vehicles—Safety rules—Compliance—Penalty.


doc_type: statute

jurisdiction: wa

title: RCW 43.22.350

text:
(1) In compliance with any applicable provisions of this chapter, the director of the department of labor and industries shall establish a schedule of fees, whether on the basis of plan approval or inspection, for the issuance of an insigne which indicates that the mobile home, commercial coach, conversion vending units, medical units, recreational vehicle, and/or park trailer complies with the provisions of RCW 43.22.340 through 43.22.410 or for any other purpose specifically authorized by any applicable provision of this chapter.
(2) Insignia are not required on mobile homes, commercial coaches, conversion vending units, medical units, recreational vehicles, and/or park trailers manufactured within this state for sale outside this state which are sold to persons outside this state.
(3) During a state of emergency declared under RCW 43.06.010(12), the governor may waive or suspend the collection of fees under this section or any portion of this section or under any administrative rule, and issue any orders to facilitate the operation of state or local government or to promote and secure the safety and protection of the civilian population.
(4) The department of labor and industries shall permit the purchase and distribution of insignia to a manufacturer of recreational vehicles and/or park trailers with an approved quality control program, upon such manufacturer's submission of plans and specifications of a model or production prototype of a recreational vehicle and/or park trailer and the payment of plan and specification review fees to the department of labor and industries.
[ 2023 c 78 s 1; 2008 c 181 s 202; 1999 c 22 s 3; 1995 c 280 s 4; 1977 ex.s. c 21 s 6; 1970 ex.s. c 27 s 2; 1967 c 157 s 2.]
Notes:
Part headings not law—2008 c 181: See note following RCW 43.06.220.
Construction—1977 ex.s. c 21: See note following RCW 43.22.431.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Mobile homes, recreational or commercial vehicles—Compliance insignia—Fee schedule—Out-of-state sales—Waiver of provisions during state of emergency.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 43.22.355

text:
The director or the director's authorized representative may allow qualifying recreational vehicle and/or park trailer manufacturers to be self-certified as to compliance with the American national standards institute A119.2 standard for recreational vehicles and the American national standards institute A119.5 standard for park trailers. Except as provided in subsection (4) of this section, a manufacturer approved for the department's self-certification is exempt from the requirements under RCW 43.22.434 and 43.22.360. The director shall adopt rules to implement the self-certification program. The director may establish fees at a sufficient level to cover the costs of administering this program.
(1) Before a manufacturer becomes self-certified, the department shall make an initial audit of the manufacturer making self-certification application. The audit must review and report on the following:
(a) The manufacturer's quality control program;
(b) The manufacturer's demonstrated ability to manufacture products in conformance with either or both of the American national standards institute standards A119.2 and A119.5; and
(c) The availability on-site of comprehensive plans for each model being manufactured.
(2) At the sole discretion of the director, a manufacturer currently being audited by the department that is deemed to meet the criteria for an initial self-certification audit may become a self-certified manufacturer without an additional self-certification audit.
(3) If the department denies an application to allow a manufacturer to be self-certified, the manufacturer shall be notified in writing including the reasons for denial. A copy of the initial self-certification audit shall be provided to the manufacturer. A manufacturer who is denied self-certification may appeal the denial under chapter 34.05 RCW.
(4) If the department has reason to believe that the manufacturer is no longer meeting the criteria established in subsection (1) of this section, the department may make an audit of the manufacturer. For purposes of enforcement of this subsection, the department retains inspection and investigation authority under RCW 43.22.434. At the conclusion of this audit, the director or the director's authorized representative may continue the manufacturer's self-certification or require the manufacturer to meet all of the requirements of this chapter from which the manufacturer was once exempted.
(5) The manufacturer to whom the authorization is given shall pay all of the costs of the initial self-certification audit and any subsequent audit that the department has the authority to perform.
(6) The department shall conduct a performance audit of additional industry association quality control programs utilized by self-certified manufacturers at least once every two years.
[ 1995 c 280 s 6.]

catchline: Mobile homes, recreational or commercial vehicles—Self-certification for recreational vehicles and park trailers—Procedures—Performance audit of quality control programs.


title: RCW 43.22.360

text:
(1) Plans and specifications of each model or production prototype of a mobile home, commercial coach, conversion vending units as specified in subsection (2) of this section, medical units, recreational vehicle, and/or park trailer showing body and frame design, construction, plumbing, heating and electrical specifications and data shall be submitted to the department of labor and industries for approval and recommendations with respect to compliance with the rules and standards of each of such agencies. When plans have been submitted and approved as required, no changes or alterations shall be made to body and frame design, construction, plumbing, heating or electrical installations or specifications shown thereon in any mobile home, commercial coach, conversion vending units, medical units, recreational vehicle, or park trailer without prior written approval of the department of labor and industries.
(2)(a) Conversion vending units with any of the following components are subject to the requirements of subsection (1) of this section unless exempted by the department by rule after consultation with the advisory committee created in section 4, chapter 167, Laws of 2016:
(i) Have concentrated loads exceeding five hundred pounds;
(ii) Contain fuel gas piping systems and equipment;
(iii) Contain solid fuel burning equipment;
(iv) Contain fire suppression systems;
(v) Contain commercial hoods;
(vi) Contain electrical systems and equipment in excess of 30A/120V;
(vii) Contain electrical systems with more than five circuits;
(viii) Contain electrical systems incorporating photovoltaic energy, fuel cell energy, or other alternative energy systems; or
(ix) Contain plumbing drainage systems conveying solid or bodily waste.
(b) Professional engineer or architect approval is only required for conversion vending units that have concentrated loads exceeding five hundred pounds.
(c) Plan review is not required for those systems and other items listed in (a) of this subsection, or as modified by rule, that are already inspected and approved by another jurisdiction either to a common recognized standard or to standards substantially equivalent to Washington state. An insignia or certified inspection record from the inspecting jurisdiction will suffice as evidence of prior plan review approval.
(3) The director may adopt rules that provide for approval of a plan that is certified as meeting state requirements or the equivalent by a professional who is licensed or certified in a state whose licensure or certification requirements meet or exceed Washington requirements.
[ 2016 c 167 s 2; 1999 c 22 s 4. Prior: 1995 c 289 s 1; 1995 c 280 s 7; 1970 ex.s. c 27 s 3; 1967 c 157 s 3.]

catchline: Mobile homes, recreational or commercial vehicles—Plans and specifications—Approval—Alterations—Rules.


title: RCW 43.22.370

text:
Any mobile home, commercial coach, conversion vending units, medical units, recreational vehicle, and/or park trailer leased or sold in Washington and manufactured prior to July 1, 1968, which has not been inspected prior to its sale and which does not meet the requirements prescribed will not be required to comply with those requirements except for alterations or installations referred to in RCW 43.22.360.
[ 1999 c 22 s 5; 1995 c 280 s 8; 1970 ex.s. c 27 s 4; 1969 ex.s. c 229 s 2; 1967 c 157 s 4.]

catchline: Mobile homes, recreational or commercial vehicles—Leased, sold, or manufactured in state prior to July 1, 1968—Compliance not required—Exception.


title: RCW 43.22.380

text:
Used mobile homes, commercial coaches, recreational vehicles, and/or park trailers manufactured for use outside this state which do not meet the requirements prescribed and have been used for six months or more will not be required to comply with those requirements except for alterations or installations referred to in RCW 43.22.360.
[ 2016 c 167 s 1; 1999 c 22 s 6; 1995 c 280 s 9; 1970 ex.s. c 27 s 5; 1967 c 157 s 5.]

catchline: Mobile homes, recreational or commercial vehicles—Manufactured for use outside state—Compliance not required—Exception.


title: RCW 43.22.390

text:
Mobile homes, commercial coaches, conversion vending units, medical units, recreational vehicles, and/or park trailers subject to the provisions of RCW 43.22.340 through 43.22.410, and mobile homes, commercial coaches, conversion vending units, medical units, recreational vehicles, and/or park trailers upon which alterations of body and frame design, construction or installations of plumbing, heating or electrical equipment referred to in RCW 43.22.360 are made after July 1, 1968, shall have affixed thereto such insigne of approval.
[ 1999 c 22 s 7; 1995 c 280 s 10; 1970 ex.s. c 27 s 6; 1967 c 157 s 6.]

catchline: Mobile homes, recreational or commercial vehicles—Insigne of approval, when required.


title: RCW 43.22.400

text:
If the director of the department of labor and industries determines that the standards for body and frame design, construction and the plumbing, heating and electrical equipment installed in mobile homes, commercial coaches, recreational vehicles, and/or park trailers by the statutes or rules and regulations of other states are at least equal to the standards prescribed by this state, he or she may so provide by regulation. Any mobile home, commercial coach, recreational vehicle, and/or park trailer which a state listed in such regulations has approved as meeting its standards for body and frame design, construction and plumbing, heating and electrical equipment shall be deemed to meet the standards of the director of the department of labor and industries, if he or she determines that the standards of such state are actually being enforced.
[ 2009 c 549 s 5101; 1995 c 280 s 11; 1970 ex.s. c 27 s 7; 1967 c 157 s 7.]

catchline: Mobile homes, recreational or commercial vehicles—Meeting standards of other states at least equal to this state.


title: RCW 43.22.410

text:
Any mobile home, commercial coach, conversion vending units, medical units, recreational vehicle, and/or park trailer that meets the requirements prescribed under RCW 43.22.340 shall not be required to comply with any ordinances of a city or county prescribing requirements for body and frame design, construction or plumbing, heating and electrical equipment installed in mobile homes, commercial coaches, conversion vending units, medical units, recreational vehicles, and/or park trailers.
[ 1999 c 22 s 8; 1995 c 280 s 12; 1970 ex.s. c 27 s 8; 1967 c 157 s 8.]

catchline: Mobile homes, recreational or commercial vehicles—Meeting requirements of chapter deemed compliance with county or city ordinances.


title: RCW 43.22.420

text:
There is hereby created a factory assembled structures advisory board consisting of at least 11 members to be appointed by the director of labor and industries. It shall be the purpose and function of the board to advise the director on all matters pertaining to the enforcement of this chapter including but not limited to standards of body and frame design, construction and plumbing, heating and electrical installations, minimum inspection procedures, the adoption of rules pertaining to the manufacture of factory assembled structures, manufactured homes, commercial coaches, conversion vending units, medical units, recreational vehicles, and park trailers. The advisory board shall periodically review the rules adopted under RCW 43.22.450 through 43.22.490 and shall recommend changes of such rules to the department if it deems changes advisable.
The members of the advisory board shall be representative of consumers, the regulated industries, and allied trades and professionals. When appointing members, the director must consider the gender, racial, ethnic, and geographic diversity of the state, including the interests of persons with disabilities. The term of each member shall be four years and members must apply for reappointment if terms would be consecutive. However, the director may appoint the initial members of the advisory board to staggered terms not exceeding four years.
The chief inspector or any person acting as chief inspector for the factory assembled structures, manufactured or mobile home, commercial coach, conversion vending units, medical units, recreational vehicle, and park trailer section shall serve as secretary of the board during his tenure as chief. Meetings of the board shall be called at the discretion of the director of labor and industries, but at least quarterly. Each member of the board shall be paid travel expenses in accordance with RCW 43.03.050 and 43.03.060 which shall be paid out of the appropriation to the department of labor and industries, upon vouchers approved by the director of labor and industries or his or her designee.
[ 2023 c 36 s 1; 2001 c 335 s 2; 1999 c 22 s 9; 1995 c 280 s 13; 1987 c 330 s 601; 1975-'76 2nd ex.s. c 34 s 103; 1971 ex.s. c 82 s 1; 1970 ex.s. c 27 s 9; 1969 ex.s. c 229 s 3.]
Notes:
Application—2001 c 335: See note following RCW 43.22.335.
Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.

catchline: Factory assembled structures advisory board.


title: RCW 43.22.430

text:
RCW 43.22.340 and 43.22.350 through 43.22.420 shall not apply to common carrier equipment.
[ 1970 ex.s. c 27 s 10.]

catchline: RCW 43.22.340 and 43.22.350 through 43.22.420 not to apply to common carrier equipment.


title: RCW 43.22.431

text:
The director of the department of labor and industries may enforce manufactured home safety and construction standards adopted by the secretary of housing and urban development under the national manufactured home construction and safety standards act of 1974 (800 Stat. 700; 42 U.S.C. Secs. 5401-5426). Furthermore, the director may make agreements with the United States government and private inspection organizations to implement the development and enforcement of applicable provisions of this chapter and the national manufactured home construction and safety standards act of 1974 (800 Stat. 700; 42 U.S.C. Secs. 5401-5426). Any fees or contract moneys collected under these agreements shall be deposited into the manufactured home installation training account created in RCW 43.22A.100.
[ 2007 c 432 s 6; 2001 c 335 s 3; 1977 ex.s. c 21 s 1.]
Notes:
Application—2001 c 335: See note following RCW 43.22.335.
Construction—1977 ex.s. c 21: "This 1977 amendatory act is not intended to repeal, alter, or diminish existing state law respecting mobile homes, commercial coaches, and recreational vehicles in those areas unregulated under federal law." [ 1977 ex.s. c 21 s 4.]

catchline: Manufactured home safety and construction standards—Enforcement by director of labor and industries.


title: RCW 43.22.432

text:
(1) The department may adopt all standards and regulations adopted by the secretary under the national manufactured home construction and safety standards act of 1974 (800 Stat. 700; 42 U.S.C. Secs. 5401-5426) for manufactured home construction and safety standards. If any deletions or amendments to the federal standards or regulations are thereafter made and notice thereof is given to the department, the standards or regulations shall be considered automatically adopted by the state under this chapter after the expiration of thirty days from publication in the federal register of a final order describing the deletions or amendments unless within that thirty day period the department objects to the deletion or amendment. In case of objection, the department shall proceed under the rule making procedure of chapter 34.05 RCW.
(2) The department shall adopt rules with respect to manufactured homes that require the prior written approval of the department before changes or alterations may be made to a manufactured home that differ from the construction standards provided for in this section.
(3) For purposes of implementing this section, by January 1, 2006, the department shall adopt requirements for manufactured homes built before June 15, 1976.
(4) Except as provided in RCW 43.22.436, it is unlawful for any person to lease, sell, or offer for sale, within this state, a manufactured home unless the home meets the requirements of the rules provided for in this section.
[ 2005 c 399 s 3; 2002 c 268 s 7; 2001 c 335 s 4; 1977 ex.s. c 21 s 2.]
Notes:
Purpose—Finding—Effective dates—2002 c 268: See notes following RCW 43.22.434.
Application—2001 c 335: See note following RCW 43.22.335.
Construction—1977 ex.s. c 21: See note following RCW 43.22.431.

catchline: Manufactured home construction and safety standards and regulations—Rules.


title: RCW 43.22.433

text:
Any person who violates any of the provisions of RCW 43.22.431 through 43.22.434 and 43.22.350 or any rules or regulations adopted pursuant to RCW 43.22.431 through 43.22.434 and 43.22.350 is guilty of a gross misdemeanor, punishable by a fine not exceeding one thousand dollars or by imprisonment not exceeding one year, or by both such fine and imprisonment.
[ 1977 ex.s. c 21 s 3.]
Notes:
Construction—1977 ex.s. c 21: See note following RCW 43.22.431.

catchline: Violations—Penalties.


title: RCW 43.22.434

text:
(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) 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, and is hereby authorized to do so pursuant to RCW 43.135.055. The department shall use fees set under this subsection only for 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.
(5) During a state of emergency declared under RCW 43.06.010(12), the governor may waive or suspend the collection of fees under this section or any portion of this section or under any administrative rule, and issue any orders to facilitate the operation of state or local government or to promote and secure the safety and protection of the civilian population.
[ 2008 c 285 s 4; 2008 c 181 s 203; 2005 c 274 s 296; 2004 c 137 s 1; 2003 c 67 s 1. Prior: 2002 c 268 s 3; 2002 c 268 s 2; 2001 c 335 s 5; 1999 c 22 s 10; 1995 c 280 s 5; 1977 ex.s. c 21 s 5.]
Notes:
Reviser's note: This section was amended by 2008 c 181 s 203 and by 2008 c 285 s 4, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Intent—2008 c 285: "To protect taxpayers, many state programs require the costs of licensing, registration, certification, and related government services to be borne by the profession or industry that uses the services, rather than by the taxpaying public as a whole. State standards that govern the professional duties of these industries are intended to protect the general public by safeguarding health, safety, employees, and consumers. The legislative approval of the fees and fee increases in this act is intended to ensure that the general public is not assessed these costs while also providing adequate funding to statutory programs that safeguard and improve Washington's health, safety, employees, and consumers." [ 2008 c 285 s 1.]
Captions not law—2008 c 285: "Captions used in this act are not any part of the law." [ 2008 c 285 s 31.]
Effective date—2008 c 285: "Except for sections 2 and 15 through 26 of this act, 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 immediately [March 31, 2008]." [ 2008 c 285 s 32.]
Part headings not law—2008 c 181: See note following RCW 43.06.220.
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 s 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 s 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 s 2; 2002 c 268 s 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.

catchline: Inspections and investigations necessary to adopt or enforce rules—Director's duties—Fees—Waiver of provisions during state of emergency.


title: RCW 43.22.435

text:
(1)(a) In addition to or in lieu of any other penalty applicable under this chapter, and except as provided in (b) of this subsection, the department may assess a civil penalty of not more than $1,000 against a contractor, firm, partnership, or corporation, that fails to obtain a permit before altering a mobile or manufactured home as required under this chapter or rules adopted under this chapter. Each day on which a violation occurs constitutes a separate violation. However, the cumulative penalty for the same occurrence may not exceed $5,000.
(b) The department must adopt a schedule of civil penalties giving due consideration to the appropriateness of the penalty with respect to the gravity of the violation and the history of previous violations. Penalties for subsequent violations, not constituting the same occurrence, committed within two years of a prior violation by the same party or entity, or by an individual who was a principal or officer of the same entity, must be double the amount of the penalty for the prior violation or $1,000, whichever is greater.
(2)(a) The department may issue a notice of correction before issuing a civil penalty assessment. The notice must include:
(i) A description of the violation;
(ii) A statement of what is required to correct the violation;
(iii) The date by which the department requires correction to be achieved; and
(iv) Notice of the individual or department office that must be contacted to obtain a permit or other compliance information.
(b) A notice of correction is not a formal enforcement action, is not subject to appeal, and is a public record.
(c) If the department issues a notice of correction, it shall not issue a civil penalty for the violation identified in the notice of correction unless the responsible person fails to comply with the notice.
(3)(a) The department must issue notices of civil penalties imposed under this section, with the reasons for the penalty, using an electronic or nonelectronic method by which the notice can be tracked or the delivery can be confirmed to the last known address of the party named in the notice. Before using an electronic method for the first time under this subsection, the department must provide the party the option to receive communication through a nonelectronic method.
(b) If a party desires to contest a notice of civil penalty issued under this section, the party must file a notice of appeal with the department within 20 days of the department's issuance of the notice of civil penalty. An administrative law judge of the office of administrative hearings will hear and determine the appeal. Appeal proceedings must be conducted pursuant to chapter 34.05 RCW. An appeal of the administrative law judge's determination or order shall be to the superior court. The superior court's decision is subject only to discretionary review under the rules of appellate procedure.
[ 2026 c 77 s 10; 2011 c 301 s 10; 2002 c 268 s 4.]
Notes:
Purpose—Finding—Effective dates—2002 c 268: See notes following RCW 43.22.434.

catchline: Altering a mobile or manufactured home—Permit—Penalties—Appeals—Notice of correction.


title: RCW 43.22.436

text:
(1) With respect to mobile and manufactured homes that are installed in accordance with the standards adopted under RCW 43.22.440:
(a) The department shall adopt rules that:
(i) Specify exemptions from a requirement for a permit to alter a mobile or manufactured home;
(ii) Authorize the granting of variances from the rules adopted under this section for alterations that use materials, designs, or methods of construction different from those required under the rules adopted under this chapter; and
(iii) Require the seller of a mobile or manufactured home to deliver to the buyer prior to the sale: (A) A completed property transfer disclosure statement in accordance with chapter 64.06 RCW, unless the seller is exempt or the buyer waives his or her rights under chapter 64.06 RCW; and (B) the variance, if any, granted under the rules adopted under this section.
(b) The department may adopt a rule that allows parties to enter into a conditional sale of an altered mobile or manufactured home. However, a conditional sales agreement may be executed only if, prior to execution, the parties have complied with the department's requirements related to permit approval and a variance granted under the rules, if any, and with property transfer disclosure statement requirements.
(2) This chapter does not prohibit the sale of an altered mobile or manufactured home installed in accordance with the standards adopted under RCW 43.22.440. If, after an inspection requested by any party to a sale, including a party financing the sale, the department determines that an alteration may constitute a hazard to life, safety, or health, the department shall so notify the parties in writing within thirty days of completing the inspection and may notify the local official responsible for enforcing the uniform fire code adopted under chapter 19.27 RCW or local health officer, as applicable, within the relevant jurisdiction.
[ 2002 c 268 s 5.]
Notes:
Purpose—Finding—Effective dates—2002 c 268: See notes following RCW 43.22.434.

catchline: Mobile and manufactured home installations—Exemptions and variances from permitting requirements and alteration rules—Conditional sales of altered mobile and manufactured homes.


title: RCW 43.22.440

text:
(1) The legislature finds that inspections of manufactured and mobile home installation are not done on a consistent basis. Manufactured and mobile homes provide housing for many people in the state, and improperly installed manufactured or mobile homes are a serious health and safety risk. Where possible and practical, manufactured and mobile homes should be treated the same as any housing inhabited or to be inhabited by persons in this state, including housing built according to the state building code.
(2) In consultation with the factory assembled structures advisory board for manufactured homes, the director of labor and industries shall by rule establish uniform standards for the performance and workmanship of installation service and warranty service by persons or entities engaged in performing the services within this state for all manufactured and mobile homes, as defined in RCW 46.04.302. The standards shall conform, where applicable, with statutes, rules, and recommendations established under the national manufactured home construction and safety standards act of 1974 (42 U.S.C. Sec. 5401 et seq.). These rules regarding the installation of manufactured and mobile homes shall be enforced and fees charged by the counties and cities in the same manner the state building code is enforced under RCW 19.27.050.
(3) In addition to and in conjunction with the remedies provided in this chapter, failure to remedy any breach of the standards and rules so established, upon adequate notice and within a reasonable time, is a violation of the consumer protection act, chapter 19.86 RCW and subject to the remedies provided in that chapter.
[ 2001 c 335 s 6; 1988 c 239 s 5; 1980 c 153 s 1.]
Notes:
Application—2001 c 335: See note following RCW 43.22.335.

catchline: Manufactured and mobile home installation service and warranty service standards—Enforcement.


title: RCW 43.22.442

text:
A manufacturer of manufactured homes who designates a representative within this state to provide consumers with warranty service for manufactured homes on behalf of the manufacturer shall make reasonable and timely compensation to the representative for performance of the warranty service.
[ 2001 c 335 s 7; 1980 c 153 s 2.]
Notes:
Application—2001 c 335: See note following RCW 43.22.335.

catchline: Warranty service—Timely compensation for work performed.


title: RCW 43.22.450

text:
Whenever used in RCW 43.22.450 through 43.22.490:
(1) "Approved" means approved by the department;
(2) "Building site" means any tract, parcel or subdivision of land upon which factory built housing or a factory built commercial structure is installed or is to be installed;
(3) "Commercial structure" means a structure designed or used for human habitation, or human occupancy for industrial, educational, assembly, professional or commercial purposes;
(4) "Department" means the Washington state department of labor and industries;
(5) "Factory built housing" means any structure, including a factory built tiny house with or without a chassis (wheels), designed primarily for human occupancy other than a manufactured or mobile home the structure or any room of which is either entirely or substantially prefabricated or assembled at a place other than a building site;
(6) "Install" means the assembly of factory built housing or factory built commercial structures at a building site;
(7) "Local enforcement agency" means any agency of the governing body of any city, county, or state which enforces laws or ordinances governing the construction of buildings;
(8) "Qualified inspection agency" means a nongovernmental entity approved by the department to perform inspections.
[ 2026 c 3 s 1. Prior: 2019 c 352 s 4; 2019 c 165 s 2; 2001 c 335 s 8; 1973 1st ex.s. c 22 s 1; 1970 ex.s. c 44 s 1.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Finding—2019 c 352: See note following RCW 58.17.040.
Application—2001 c 335: See note following RCW 43.22.335.

catchline: Factory built housing and commercial structures, regulating installation of—Definitions.


title: RCW 43.22.455

text:
No factory built housing or factory built commercial structure shall be installed on a building site in this state after the effective date of the regulations adopted pursuant to RCW 43.22.480 unless it is approved and bears the insignia of approval of the department.
(1) Any factory built housing or factory built commercial structure bearing an insignia of approval of the department shall be deemed to comply with any laws, ordinances or regulations enacted by any city or county or any local enforcement agency which govern the manufacture and construction of factory built housing or factory built commercial structures or on-site housing.
(2) No factory built housing or factory built commercial structure which has been approved by the department shall be in any way modified prior to, or during installation by a manufacturer or installer unless approval of such modification is first made by the department.
(3) Department approval under RCW 43.22.450 through 43.22.490 is not required for a prefabricated enclosure for energy storage systems or electrical equipment associated with the generation, control, transformation, transmission, or distribution of energy installations under the ownership and exclusive control of an electric utility by established right where the enclosure entry is limited to qualified service personnel for maintenance, repair, or occasional monitoring of energy storage system units or electrical equipment and not occupied for other purposes.
[ 2026 c 3 s 2; 1973 1st ex.s. c 22 s 2; 1970 ex.s. c 44 s 2.]

catchline: Factory built housing and commercial structures, regulating installation of—Approval by department.


title: RCW 43.22.460

text:
Local land use requirements, building setbacks, side and rear yard requirements, site development and property line requirements, and review and regulation of zoning requirements are specifically reserved to local jurisdictions notwithstanding anything contained in RCW 43.22.450 through 43.22.490.
[ 1970 ex.s. c 44 s 3.]

catchline: Factory built housing and commercial structures, regulating installation of—Certain requirements reserved to local jurisdictions.


title: RCW 43.22.465

text:
The department may obtain from a superior court having jurisdiction, a temporary injunction enjoining the installation of factory built housing or factory built commercial structures on any building site upon affidavit of the department that such factory built housing or factory built commercial structures do not conform to the requirements of RCW 43.22.450 through 43.22.490 or to the rules adopted pursuant to RCW 43.22.450 through 43.22.490. The affidavit must set forth such violations in detail. The injunction may be made permanent, in the discretion of the court.
[ 1973 1st ex.s. c 22 s 3; 1970 ex.s. c 44 s 4.]

catchline: Factory built housing and commercial structures, regulating installation of—Injunctive process, procedure.


title: RCW 43.22.470

text:
The department shall have the authority to delegate all or part of its duties of inspection to a local enforcement agency.
The rules adopted by the department under RCW 43.22.480 may include options for inspections to be conducted by a qualified inspection agency. Qualified inspection agencies shall be objective, competent, and independent from the companies responsible for the work being inspected. The qualified inspection agency will disclose to the department any conflict of interest so that objectivity may be confirmed. Qualified inspection agencies shall have adequate equipment to perform the required inspections and shall employ experienced personnel with appropriate certifications and knowledge for the inspections being performed. Certification by the international code council will be recognized as meeting this last requirement.
[ 2026 c 3 s 3; 2019 c 165 s 1; 1970 ex.s. c 44 s 5.]

catchline: Factory built housing and commercial structures, regulating installation of—Delegation of inspection duty—Qualified inspection agencies.


title: RCW 43.22.480

text:
(1) The department shall adopt and enforce rules that protect the health, safety, and property of the people of this state by assuring that all factory built housing or factory built commercial structures are structurally sound and that the plumbing, heating, electrical, and other components thereof are reasonably safe. The rules shall be reasonably consistent with recognized and accepted principles of safety and structural soundness, and in adopting the rules the department shall consider, so far as practicable: The national consensus standards published by the International Code Council, Inc. for off-site construction planning, design, fabrication, and assembly; the national consensus standards published by the International Code Council, Inc. for inspections and regulatory compliance; the standards and specifications contained in the international building, uniform plumbing, and international mechanical codes, including the barrier free code and the Washington energy code as adopted by the state building code council pursuant to chapter 19.27A RCW, and the national electrical code, including the state rules as adopted pursuant to chapter 19.28 RCW and published by the national fire protection association; or, when applicable, the temporary worker building code adopted under RCW 70.114A.081.
(2) The department shall set a schedule of fees which will cover the costs incurred by the department in the administration and enforcement of RCW 43.22.450 through 43.22.490.
(3) The director may adopt rules that provide for approval of a plan that is certified as meeting state requirements or the equivalent by a professional who is licensed or certified in a state whose licensure or certification requirements meet or exceed Washington requirements.
(4) During a state of emergency declared under RCW 43.06.010(12), the governor may waive or suspend the collection of fees under this section or any portion of this section or under any administrative rule, and issue any orders to facilitate the operation of state or local government or to promote and secure the safety and protection of the civilian population.
[ 2026 c 3 s 4; 2008 c 181 s 204; 1998 c 37 s 4; 1995 c 289 s 2; 1989 c 134 s 1; 1979 ex.s. c 76 s 2; 1973 1st ex.s. c 22 s 5; 1970 ex.s. c 44 s 7.]
Notes:
Part headings not law—2008 c 181: See note following RCW 43.06.220.

catchline: Factory built housing and commercial structures, installation—Rules—Standards—Fees—Waiver of provisions during state of emergency.


title: RCW 43.22.485

text:
If the director of the department determines that the standards for factory built housing or factory built commercial structures prescribed by statute, rule or regulation of another state are at least equal to the regulations prescribed under RCW 43.22.450 through 43.22.490, and that such standards are actually enforced by such other state, he or she may provide by regulation that factory built housing or factory built commercial structures approved by such other state shall be deemed to have been approved by the department.
[ 2009 c 549 s 5102; 1973 1st ex.s. c 22 s 6; 1970 ex.s. c 44 s 8.]

catchline: Factory built housing and commercial structures, regulating installation of—Recognizing out-of-state standards, enforcement, as department approved.


title: RCW 43.22.490

text:
Any person who violates any of the provisions of RCW 43.22.450 through 43.22.490 or any rules or regulations adopted pursuant to RCW 43.22.450 through 43.22.490 is guilty of a misdemeanor, punishable by a fine not exceeding five hundred dollars or by imprisonment not exceeding thirty days, or by both such fine and imprisonment.
[ 1970 ex.s. c 44 s 9.]

catchline: Factory built housing and commercial structures, regulating installation of—Violation as misdemeanor—Penalty.


title: RCW 43.22.495

text:
Beginning on July 1, 2007, the department of labor and industries shall perform all the consumer complaint and related functions of the state administrative agency that are required for purposes of complying with the regulations established by the federal department of housing and urban development for manufactured housing, including the preparation and submission of the state administrative plan.
The department of labor and industries may enter into state or local interagency agreements to coordinate site inspection activities with record monitoring and complaint handling. The interagency agreement may also provide for the reimbursement for cost of work that an agency performs. The department may include other related areas in any interagency agreements which are necessary for the efficient provision of services.
[ 2023 c 36 s 9; 2007 c 432 s 7; 1995 c 399 s 69; 1990 c 176 s 1.]

catchline: Manufactured housing—Duties.


title: RCW 43.22.498

text:
All moneys, except fines and penalties, received or collected under the terms of RCW 43.22.335 through 43.22.430 and 43.22.432 through 43.22.495 must be deposited into the construction registration inspection account. All fines and penalties received or collected under the terms of RCW 43.22.335 through 43.22.430 and 43.22.432 through 43.22.495 shall be deposited in the general fund.
[ 2017 3rd sp.s. c 11 s 2.]
Notes:
Effective date—2017 3rd sp.s. c 11: See note following RCW 51.44.190.

catchline: Deposit of moneys from RCW 43.22.335 through 43.22.430 and 43.22.432 through 43.22.495.


title: RCW 43.22.500

text:
The department of labor and industries, to defray the costs of printing, reprinting, or distributing printed matter issued by the department of labor and industries including, but not limited to, the matters listed in RCW 43.22.505, may charge a fee for such publications in an amount which will reimburse the department for the costs of printing, reprinting, and distributing such publications: PROVIDED, That every person subject to regulation by the department may upon request receive without charge one copy per year of any publication printed pursuant to RCW 43.22.505 whenever such person is affected by any statute, rule or regulation printed therein. All fees collected shall be deposited in the state treasury to the credit of the appropriate fund or account.
[ 1979 ex.s. c 67 s 2; 1975 1st ex.s. c 123 s 1.]
Notes:
Severability—1979 ex.s. c 67: See note following RCW 19.28.351.

catchline: Printing and distribution of publications—Fees.


title: RCW 43.22.505

text:
The department of labor and industries is specifically authorized to print, reprint, and distribute subject matter including but not limited to the following:
(1) The provisions of Title 51 RCW;
(2) The provisions of Title 49 RCW;
(3) The provisions of chapter 7.68 RCW;
(4) The provisions of chapter 88.16 RCW;
(5) The provisions of chapter 19.28 RCW;
(6) The provisions of chapter 43.22 RCW;
(7) The provisions of chapter 41.56 RCW;
(8) The provisions of chapter 49.66 RCW;
(9) The provisions of chapter 70.79 RCW;
(10) The provisions of chapter 70.74 RCW;
(11) The provisions of chapter 70.87 RCW;
(12) The provisions of all other statutes administered by the department or such statutes as have a relationship to the functions and obligations of the department; and
(13) The rules and regulations of the department of labor and industries, the state apprenticeship council, the state board of pilotage commissioners and the board of boiler rules promulgated pursuant to the statutory provisions cited above.
[ 1975 1st ex.s. c 123 s 2.]

catchline: Printing and distribution of publications—Authorized subject matters.


title: RCW 43.22.550

text:
The director may contract with the federal internal revenue service, or other appropriate federal agency, to issue conditional federal employer identification numbers, or other federal credentials or documents, at specified offices and locations of the agency in conjunction with any application for state licenses under chapter 19.02 RCW.
[ 1997 c 51 s 4.]
Notes:
Intent—1997 c 51: See note following RCW 19.02.300.

catchline: Contract to issue conditional federal employer identification numbers, credentials, and documents in conjunction with license applications.


title: RCW 43.220.020

text:
(1) The Washington conservation corps is created. The department of ecology must administer the corps as a partnership with the departments of natural resources and fish and wildlife, the state parks and recreation commission, and when appropriate, other agencies and nonprofit organizations to advance the program goals outlined in RCW 43.220.045.
(2) The Puget Sound corps is created as a distinct program within the Washington conservation corps focused on the implementation of the specific program goals outlined in RCW 43.220.045.
[ 2011 c 20 s 2; 1999 c 280 s 1; 1994 c 264 s 32; 1988 c 36 s 23; 1983 1st ex.s. c 40 s 1.]
Notes:
Findings—Intent—2011 c 20: "(1) The legislature finds that the Washington conservation corps, the veterans conservation corps, and other state and nonprofit service corps contribute significantly to the priorities of state government to protect natural resources, including Puget Sound, while providing meaningful work experience for the state's youth, veterans, unemployed, and underemployed workforces.
(2) The legislature further finds that the long-term health of the economy of Washington depends on the sustainable management of its natural resources and that the livelihoods and revenues produced by Washington's forests, agricultural lands, estuaries, waterways, and watersheds would be enhanced by targeted, streamlined, and prioritized investments in clean water and habitat restoration.
(3) The legislature further finds that it is important to stretch limited public resources to advance the state's natural resource management priorities. Transformation of natural resource management and service delivery, including the creation of strategic partnerships among agencies and nongovernmental partners, will increase the efficiency and effectiveness of the expenditure of federal, state, and local funds for clean water and habitat rehabilitation projects.
(4) The legislature further finds that there are efficiencies to be gained by streamlining how the various conservation corps are administered, managed, funded, and deployed by the natural resources agencies. There are further efficiencies to be gained through coordinating the conservation corps with other state service corps programs, recruitment activities, and through public-private partnerships.
(5) The legislature further finds that the state should seek to expand the conservation corps in all areas of the state, deploying the corps to work on projects that advance established priorities including, but not limited to, the cleanup and rehabilitation of the Puget Sound ecosystem, oil spill response and cleanup, salmon recovery, and the reduction of wildfire and forest health hazards statewide.
(6) The legislature further finds that individuals with developmental disabilities would benefit from experiencing a meaningful work experience, and learning the value of labor and of membership in a productive society. As such, the legislature urges state agencies that are participating in the Washington conservation corps program to consider for enrollment in the program individuals with developmental disabilities, as defined in RCW 71A.10.020.
(7)(a) Therefore, it is the intent of the legislature to maintain the conservation corps statewide, to collaborate with the veterans conservation corps, to establish the Puget Sound corps, to streamline how government administers and manages the state's conservation corps to more efficiently expend the state's resources toward priority outcomes, including the recovery of the Puget Sound ecosystem to health by 2020, to increase opportunities for meaningful work experience, and to authorize public-private partnerships as a key element of corps activities.
(b) It is also the intent of the legislature to integrate into the Puget Sound corps the therapeutic and reintegration intent of the veterans conservation corps for veterans involved in the Puget Sound corps." [ 2011 c 20 s 1.]

catchline: Conservation corps created—Puget Sound corps created.


title: RCW 43.220.040

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Agency administrative costs" means indirect expenses such as personnel, payroll, contract administration, fiscal services, and other overhead costs.
(2) "Corps" means the Washington conservation corps, including the Puget Sound corps.
(3) "Corps member" means an individual enrolled in the Washington conservation corps.
(4) "Corps member leaders" or "specialists" means members of the corps who serve in leadership or training capacities or who provide specialized services other than or in addition to the types of work and services that are performed by the corps members in general.
(5) "Crew supervisor" means temporary, project, or permanent state employees who supervise corps members and coordinate work project design and completion.
(6) "Department" means the department of ecology.
(7) "Program support costs" include, but are not limited to, program planning, development of reports, job and career training, uniforms and equipment, and standard office space and utilities. Program support costs do not include direct scheduling and supervision of corps members.
(8) "Public lands" means any lands or waters, or interests therein, owned or administered by any agency or instrumentality of the state, federal, or local government.
[ 2011 c 20 s 4. Prior: 1999 c 280 s 3; 1999 c 151 s 1301; 1987 c 367 s 2; 1983 1st ex.s. c 40 s 4.]
Notes:
Reviser's note: The definitions in this section have been alphabetized pursuant to RCW 1.08.015(2)(k).
Findings—Intent—2011 c 20: See note following RCW 43.220.020.
Part headings not law—Effective date—1999 c 151: See notes following RCW 18.28.010.

catchline: Definitions.


title: RCW 43.220.045

text:
(1) The corps shall be organized and managed to complete projects with fee-for-service work crews that meet goals associated with the protection, promotion, enhancement, or rehabilitation of the following:
(a) Public lands;
(b) State natural resources;
(c) Water quality;
(d) Watershed health;
(e) Fish and wildlife;
(f) Habitat;
(g) Outdoor recreation;
(h) Forest health;
(i) Wildfire risk reduction; and
(j) State historic sites.
(2) In addition to the project goals outlined in subsection (1) of this section, the Puget Sound corps shall seek to deploy corps members with the specific goal of participating in the recovery of the Puget Sound ecosystem. The resources of the Puget Sound corps must be prioritized, when practicable, to focus on the following when located within the Puget Sound basin:
(a) Projects identified in, or consistent with, the action agenda developed by the Puget Sound partnership in chapter 90.71 RCW;
(b) Projects located on public lands;
(c) Habitat enhancement and rehabilitation projects; and
(d) Education and stewardship projects.
(3) Both the corps and the Puget Sound corps shall give preference to projects that satisfy the goals identified in this section and that:
(a) Will provide long-term benefits to the public;
(b) Will provide productive training and work experiences to the corps members involved;
(c) Expands or integrates training programs or career development opportunities for corps members;
(d) May result in payments to the state for services performed; and
(e) Can be promptly completed.
[ 2011 c 20 s 5.]
Notes:
Findings—Intent—2011 c 20: See note following RCW 43.220.020.

catchline: Project goals—Recovery of Puget Sound ecosystem—Priorities.


title: RCW 43.220.060

text:
(1) The department shall have the following powers and duties as necessary to administer the Washington conservation corps:
(a) Recruiting and employing staff, corps members, corps member leaders, and specialists consistent with RCW 43.220.070;
(b) Serving as the corps' central application recipient for grants from federal service projects and service organizations;
(c) Executing agreements for furnishing the services of the corps to carry out conservation corps programs to any federal, state, or local public agency, any local organization as specified in this chapter that operates consistent with the overall objectives of the conservation corps;
(d) Applying for and accepting grants or contributions of funds from the federal government, other public sources, or private funding sources for conservation corps projects and, when possible, other projects specifically targeted at Puget Sound recovery that can be accomplished with fee-for-service labor from the Puget Sound corps. Application priority must be given to funding sources only available to state agencies;
(e) Establishing consistent work standards and placement and evaluation procedures of corps programs; and
(f) Selecting, reviewing, approving, and evaluating the success of corps projects.
(2) The department may partner with any other state agencies, local institutions, nonprofit organizations, or nonprofit service corps organizations in the administration of the corps. However, when partnering with the Washington department of veterans affairs, participation criteria and other administrative decisions affecting participants in the veterans conservation corps created under chapter 43.60A RCW are to be determined by the Washington department of veterans affairs. Other state agencies may maintain a coordinator for the purposes of partnering with the department and the corps.
(3) If deemed practicable, the department shall work with the state board for community and technical colleges created in RCW 28B.50.050 to align the conservation corps program with optional career pathways for participants that may provide instruction in basic skills in addition to the appropriate technical training.
(4) The assignment of corps members shall not result in the displacement of currently employed workers, including partial displacement such as reduction in hours of nonovertime work, wages, or other employment benefits. Agencies that participate in the program may not terminate, lay-off, or reduce the working hours of any employee for the purpose of using a corps member with available funds. In circumstances where substantial efficiencies or a public purpose may result, participating agencies may use corps members to carry out essential agency work or contractual functions without displacing current employees.
(5) Facilities, supplies, motor vehicles, instruments, and tools of participating agencies shall be made available for use by the conservation corps to the extent that such use does not conflict with the normal duties of the agency. The agency may purchase, rent, or otherwise acquire other necessary tools, facilities, supplies, and instruments.
[ 2011 c 20 s 6; 1999 c 280 s 4; 1987 c 505 s 44; 1983 1st ex.s. c 40 s 6.]
Notes:
Findings—Intent—2011 c 20: See note following RCW 43.220.020.

catchline: Powers and duties—Partnering with other entities—Effect on employed workers—Use of facilities, supplies, instruments, and tools of supervising agency.


title: RCW 43.220.070

text:
(1)(a) Except as otherwise provided in this section, conservation corps members must be unemployed or underemployed residents of the state between eighteen and twenty-five years of age at the time of enrollment who are citizens or lawful permanent residents of the United States.
(b) The age requirements may be waived for corps leaders, veterans, specialists with special leadership or occupational skills, and participants with a disability.
(2) The recruitment of conservation corps members is the primary responsibility of the department. However, to the degree practicable, recruitment activities must be coordinated with the following entities:
(a) The department of natural resources;
(b) The department of fish and wildlife;
(c) The state parks and recreation commission;
(d) The Washington department of veterans affairs;
(e) The employment security department;
(f) Community and technical colleges; and
(g) Any other interested postsecondary educational institutions.
(3) Recruitment efforts must be targeted to, but not limited to, residents of the state who meet the participation eligibility requirements provided in this section and are either:
(a) A student enrolled at a community or technical college, private career college, or a four-year college or university;
(b) A minority or disadvantaged youth residing in an urban or rural area of the state; or
(c) Military veterans.
(4) Corps members shall not be considered state employees. Other provisions of law relating to civil service, hours of work, rate of compensation, sick leave, unemployment compensation, state retirement plans, and vacation leave do not apply to the Washington conservation corps except for the crew supervisors, who shall be project employees, and the administrative and supervisory personnel.
(5) Except as otherwise provided in this section, participation as a corps member is for an initial period of three months. The enrollment period may be extended for additional three-month periods by mutual agreement of the department and the corps member, not to exceed two years.
(6)(a) Corps members are to be available at all times for emergency response services coordinated through the department or other public agency. Duties may include sandbagging and flood cleanup, oil spill response, wildfire suppression, search and rescue, and other functions in response to emergencies.
(b) Corps members may be assigned to longer-term specialized crews not subject to the temporal limitations of service otherwise imposed by this section when longer-term commitments satisfy the specialized needs of the department, an agency partner, or other service contractee.
[ 2020 c 274 s 27; 2011 c 20 s 7; 1999 c 280 s 5; 1995 c 399 s 112; 1990 c 71 s 2; 1988 c 78 s 1; 1986 c 266 s 48. Prior: 1985 c 230 s 7; 1985 c 7 s 110; 1983 1st ex.s. c 40 s 7.]
Notes:
Findings—Intent—2011 c 20: See note following RCW 43.220.020.
Legislative finding—1990 c 71: "The legislature finds that the Washington conservation corps has proven to be an effective method to provide meaningful work experience for many of the state's young persons. Because of recent, and possible future, increases in the minimum wage laws, it is necessary to make an adjustment in the limitation that applies to corps member reimbursements." [ 1990 c 71 s 1.]
Severability—1986 c 266: See note following RCW 38.52.005.

catchline: Corps membership—Eligibility—Coordination of recruitment activities—Enrollment period.


title: RCW 43.220.075

text:
(1) The director of the department of ecology and the commissioner of public lands shall jointly host an annual meeting with other corps program participants to serve as a forum for the partner agencies to provide guidance and feedback concerning the management and function of the corps.
(2) At a minimum, representatives of the following must be invited to participate at the annual meeting: The department of fish and wildlife; the state parks and recreation commission; the Puget Sound partnership; the department of veterans affairs; the employment security department; the Washington commission for national and community service; conservation districts; the state conservation commission; the salmon recovery funding board; the recreation and conservation office; the department of commerce; the department of health; or any similar successor organizations and any appropriate nonprofit organizations, including those engaged in service corps projects.
(3) Annual meeting participants shall, at a minimum:
(a) Review the conservation corps projects completed in the previous year, including an analysis of successes and opportunities for improvement; and
(b) Establish a work plan for the coming year, including the setting of annual priorities or criteria consistent with this chapter to guide crew development and the development of plans to pursue funding from various sources to expand the conservation corps.
[ 2011 c 20 s 11.]
Notes:
Findings—Intent—2011 c 20: See note following RCW 43.220.020.

catchline: Annual meeting—Forum for partner agencies—Work plan.


title: RCW 43.220.170

text:
The services of corps members are exempt from unemployment compensation coverage under RCW 50.44.040(4) and the enrollees shall be so advised by the department.
[ 2011 c 20 s 8; 1983 1st ex.s. c 40 s 17.]
Notes:
Findings—Intent—2011 c 20: See note following RCW 43.220.020.

catchline: Exemption from unemployment compensation coverage.


title: RCW 43.220.231

text:
(1) An amount not to exceed five percent of the funds available for the Washington conservation corps may be expended on agency administrative costs.
(2) An amount not to exceed twenty percent of the funds available for the Washington conservation corps may be expended for costs included in subsection (1) of this section and program support costs.
(3) A minimum of eighty percent of the funds available for the Washington conservation corps shall be expended for corps member salaries and benefits and for direct supervision of corps members.
(4) Consistent with any fund source requirements, any state agency using federal funds to sponsor fee-for-service Washington conservation corps crews must contract with the Washington department of veterans affairs for at least five percent of the federal funding to sponsor veteran conservation corps crews operating under RCW 43.60A.150. This requirement applies statewide.
[ 2011 c 20 s 9; 1999 c 280 s 7.]
Notes:
Findings—Intent—2011 c 20: See note following RCW 43.220.020.

catchline: Limitation on use of funds.


title: RCW 43.220.250

text:
A nonprofit corporation which contracts with the department to provide a specific service, appropriate for the administration of this chapter which the department cannot otherwise provide, may be reimbursed at the discretion of the department for the reasonable costs the department would absorb for providing those services.
[ 2011 c 20 s 10; 1985 c 230 s 5.]
Notes:
Findings—Intent—2011 c 20: See note following RCW 43.220.020.

catchline: Reimbursement of nonprofit corporations for certain services.


title: RCW 43.220.260

text:
Any corps project that involves the removal of noxious weeds must, when deemed appropriate for the project goals by the project sponsor, include the planting of pollen-rich and nectar-rich native plants to provide forage for all pollinators, including honey bees.
[ 2016 c 44 s 3.]
Notes:

catchline: Removal of noxious weeds—Planting of plants to provide forage for pollinators.


title: RCW 43.220.904

text:
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 immediately [May 13, 1999].
[ 1999 c 280 s 9.]

catchline: Effective date—1999 c 280.


title: RCW 43.220.905

text:
It is the intent of this act to centralize the administration of the Washington conservation corps, which was previously administered by the departments of ecology, natural resources, and fish and wildlife and the state parks and recreation commission, into the department of ecology. This act is prospective only, and any grant awards or conservation corps crew or individual placements finalized by other agencies or partners prior to July 22, 2011, remain unaffected by this act.
[ 2011 c 20 s 3.]
Notes:
Findings—Intent—2011 c 20: See note following RCW 43.220.020.

catchline: Intent—Application—2011 c 20.


title: RCW 43.22A.005

text:
The purpose of this chapter is to ensure that all manufactured and mobile homes are installed by a certified manufactured home installer in accordance with the state installation requirements, chapter 296-150I WAC, in order to provide greater protections to consumers and make the warranty requirement of *RCW 46.70.134 easier to achieve.
[ 2023 c 36 s 2. Prior: 1994 c 284 s 14. Formerly RCW 43.63B.005.]
Notes:
*Reviser's note: The reference in 1994 c 284 s 14 to "section 2 of this act" was erroneous. Section 10 of that act, codified as RCW 46.70.134, was apparently intended.
Dispute mediation: RCW 43.22A.210.

catchline: Purpose.


title: RCW 43.22A.010

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Authorized representative" means an employee of a state agency, city, or county acting on behalf of the department.
(2) "Certified manufactured home installer" means a person who is in the business of installing manufactured or mobile homes and who has been issued a certificate by the department as provided in this chapter.
(3) "Department" means the department of labor and industries.
(4) "Director" means the director of labor and industries.
(5) "Manufactured home" means a single-family dwelling built in accordance with the department of housing and urban development manufactured home construction and safety standards act, which is a national, preemptive building code.
(6) "Manufactured or mobile home installation" means all on-site work necessary for the setting up and completion of a manufactured or mobile home, starting with the preparation of the building site through the final permit approval.
(7) "Manufactured home standards" means the manufactured home construction and safety standards as promulgated by the United States department of housing and urban development (HUD).
(8) "Mobile home" means 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 introduction of the HUD manufactured home construction and safety standards act.
(9) "Training course" means the education program administered by the department, or the education course administered by an approved educational provider, as a prerequisite to taking the examination for certification.
(10) "Approved educational provider" means an organization approved by the department to provide education and training of manufactured home installers and local inspectors.
[ 2023 c 36 s 3; 2007 c 432 s 3; 1998 c 124 s 6; 1994 c 284 s 15. Formerly RCW 43.63B.010.]


title: RCW 43.22A.020

text:
Beginning on July 1, 2007, the department shall perform all the consumer complaint and related functions of the state administrative agency that are required for purposes of complying with the regulations established by the federal department of housing and urban development for manufactured housing, including the preparation and submission of the state administrative plan.
The department may enter into state or local interagency agreements to coordinate site inspection activities with record monitoring and complaint handling. The interagency agreement may also provide for the reimbursement for cost of work that an agency performs. The department may include other related areas in any interagency agreements which are necessary for the efficient provision of services.
[ 2023 c 36 s 4; 2007 c 432 s 1; 1993 c 280 s 76; 1990 c 176 s 2. Formerly RCW 43.63A.460.]
Notes:
Effective date—1993 c 280: See RCW 43.330.902.

catchline: Manufactured housing—Department duties.


title: RCW 43.22A.030

text:
The director shall enforce manufactured housing safety and construction standards adopted by the secretary of housing and urban development under the national manufactured housing construction and safety standards act of 1974 (800 Stat. 700; 42 U.S.C. Secs. 5401-5426). Furthermore, the director may make agreements with the United States government, state agencies, or private inspection organizations to implement the development and enforcement of applicable provisions of this chapter and the national manufactured housing construction and safety standards act of 1974 (800 Stat. 700; 42 U.S.C. Secs. 5401-5426) regarding the state administrative agency program.
[ 2007 c 432 s 2; 1995 c 399 s 74; 1993 c 124 s 1. Formerly RCW 43.63A.465.]
Notes:
Contingent expiration date—2007 c 432 s 2: "Section 2 of this act expires if the contingency in RCW 43.63A.490 occurs." [ 2007 c 432 s 15.]
Contingent expiration date—RCW 43.22A.030 and 43.63A.470 through 43.63A.490: See RCW 43.63A.490.
Contingent expiration date—1995 c 399 s 74: "The 1995 amendments to RCW 43.63A.465 shall expire and be of no force and effect on January 1 in any year following the failure of the United States department of housing and urban development to reimburse the state for the duties described in chapter 124, Laws of 1993." [ 1995 c 399 s 219. Formerly RCW 43.63A.4651.]

catchline: Manufactured housing—Federal standards—Enforcement. (Contingent expiration date.)


title: RCW 43.22A.040

text:
A person desiring to be issued a certificate of manufactured home installation as provided in this chapter shall make application to the department, in such a form as required by the department.
Upon receipt of the application and evidence required in this chapter, the director shall review the information and make a determination as to whether the applicant is eligible to take the training course and examination for the certificate of manufactured home installation. An applicant must furnish written evidence of six months of experience under the direct supervision of a certified manufactured home installer, or other equivalent experience, in order to be eligible to take the training course and examination. The director shall establish reasonable rules for the training course and examinations to be given to applicants for certificates of manufactured home installation. Upon determining that the applicant is eligible to take the training course and examination, the director shall notify the applicant, indicating the time and place for taking the training course and examination.
The requirement that an applicant must be under the direct supervision of a certified manufactured home installer for six months only applies to applications made on or after July 1, 1996. For applications made before July 1, 1996, the department shall require evidence of experience to satisfy this requirement.
The director may allow other persons to take the training course and examination on manufactured home installation, without certification.
[ 1994 c 284 s 17. Formerly RCW 43.63B.020.]


title: RCW 43.22A.050

text:
The department shall prepare a written training course and examination to be administered to applicants for manufactured home installer certification. The examination shall be constructed to determine whether the applicant:
(1) Possesses general knowledge of the technical information and practical procedures that are necessary for manufactured home installation;
(2) Is familiar with the federal and state codes and administrative rules pertaining to manufactured homes; and
(3) Is familiar with the local government regulations as related to manufactured home installations.
The department shall certify the results of the examination and shall notify the applicant in writing whether the applicant has passed or failed the examination. An applicant who failed the examination may retake the training course and examination. The director may not limit the number of times that a person may take the training course and examination.
[ 1994 c 284 s 18. Formerly RCW 43.63B.030.]


title: RCW 43.22A.060

text:
The department shall adopt rules to establish and administer a process of approving educational providers as an alternative to the department training course for installers and local inspectors.
[ 1998 c 124 s 7. Formerly RCW 43.63B.035.]

catchline: Installer certification—Alternative to department training course—Rules.


title: RCW 43.22A.070

text:
(1) The department shall issue a certificate of manufactured home installation to an applicant who has taken the training course, passed the examination, paid the fees, and in all other respects meets the qualifications. The certificate shall bear the date of issuance, a certification identification number, and is renewable every three years upon application and completion of a continuing education program as determined by the department. A renewal fee shall be assessed for each certificate. If a person fails to renew a certificate by the renewal date, the person must retake the examination and pay the examination fee.
(2) The certificate of manufactured home installation provided for in this chapter grants the holder the right to engage in manufactured home installation throughout the state, without any other installer certification.
(3) The department shall immediately suspend the license or certificate of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license or certificate shall be automatic upon the department's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.
[ 1997 c 58 s 874; 1994 c 284 s 19. Formerly RCW 43.63B.040.]
Notes:
*Reviser's note: 1997 c 58 s 886 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—Exemptions and waivers from federal law—Conflict with federal requirements—Severability—1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW 74.20A.320.

catchline: Installer certification—Issuance of certificate—Renewal—Suspension of license or certificate for noncompliance with support order.


title: RCW 43.22A.080

text:
(1) The department may revoke a certificate of manufactured home installation upon the following grounds:
(a) The certificate was obtained through error or fraud;
(b) The holder of the certificate is judged to be incompetent as a result of multiple infractions of the state installation requirements, WAC 296-150I-0300 through 296-150I-0410; or
(c) The holder has violated a provision of this chapter or a rule adopted to implement this chapter.
(2) Before a certificate of manufactured home installation is revoked, the holder must be given notice of the department's intention to revoke the certificate, sent using an electronic or nonelectronic method by which the notice can be tracked or the delivery can be confirmed to the holder's last known address. Before using an electronic method for the first time under this section, the department must provide the holder the option to receive communication through a nonelectronic method. The notice shall enumerate the allegations against the holder, and shall give the holder the opportunity to request a hearing. At the hearing, the department and the holder may produce witnesses and give testimony. The hearing shall be conducted in accordance with the provisions of chapter 34.05 RCW.
[ 2026 c 77 s 11; 2023 c 36 s 5; 2011 c 301 s 11; 1994 c 284 s 21. Formerly RCW 43.63B.050.]

catchline: Installer certification—Revocation.


title: RCW 43.22A.090

text:
(1) The department shall charge reasonable fees to cover the costs to administer the certification program which shall include but not be limited to the issuance, renewal, and reinstatement of all certificates, training courses, and examinations required under this chapter. All fees collected under this chapter shall be deposited in the manufactured home installation training account created in RCW 43.22A.100 and used only for the purposes specified in this chapter.
The fees shall be limited to covering the direct cost of issuing the certificates, administering the examinations, and administering and enforcing this chapter. The costs shall include only essential travel, per diem, and administrative support costs.
(2) For the purposes of implementing chapter 432, Laws of 2007, until July 1, 2008, the department may increase fees for the certification program in excess of the fiscal growth factor under chapter 43.135 RCW.
[ 2007 c 432 s 11; 1994 c 284 s 22. Formerly RCW 43.63B.070.]

catchline: Certification program fees.


title: RCW 43.22A.100

text:
The manufactured home installation training account is created in the state treasury. All receipts collected under this chapter and RCW 46.17.150 and any legislative appropriations for manufactured home installation training shall be deposited into the account. Moneys in the account may only be spent after appropriation. Expenditures from the account may only be used for the purposes of this chapter. Unexpended and unencumbered moneys that remain in the account at the end of the fiscal year do not revert to the state general fund but remain in the account, separately accounted for, as a contingency reserve.
[ 2011 c 158 s 3; 1994 c 284 s 23. Formerly RCW 43.63B.080.]
Notes:
Transfer of residual funds to manufactured home installation training account—2011 c 158: "Any residual balance of funds remaining in the manufactured housing account must be transferred to the manufactured home installation training account created in RCW 43.22A.100. The treasurer shall make the transfer after being notified by the office of financial management that it has completed the financial statement for fiscal year 2011, and no later than December 31, 2011." [ 2011 c 158 s 8.]

catchline: Manufactured home installation training account.


title: RCW 43.22A.110

text:
Any local government manufactured or mobile home installation application and permit shall state either the name and registration number of the contractor or licensed manufactured home dealer or the certification identification number of the certified manufactured home installer supervising such installation. A local government may not issue final approval for the installation of a manufactured home unless the certified installer or the installer's agent has posted at the set-up site the manufactured home installer's certification number and has identified the work being performed on the manufactured home installation on a form prescribed by the department.
[ 2023 c 36 s 6; 1998 c 124 s 8; 1994 c 284 s 20. Formerly RCW 43.63B.060.]

catchline: Local government installation application and permit requirements.


title: RCW 43.22A.120

text:
After July 1, 1995, a manufactured or mobile home may not be installed without a certified manufactured home installer providing on-site supervision whenever installation work is being performed. The certified manufactured home installer is responsible for the reading, understanding, and following of the manufacturer's installation instructions and performance of noncertified workers engaged in the installation of the home. There shall be at least one certified manufactured home installer on the installation site whenever installation work is being performed.
A manufactured home installer certification shall not be required for:
(1) Site preparation;
(2) Sewer and water connections outside of the building site;
(3) Specialty trades that are responsible for constructing accessory structures such as garages, carports, and decks;
(4) Pouring concrete into forms;
(5) Painting and dry wall finishing;
(6) Carpet installation;
(7) Specialty work performed within the scope of their license by licensed plumbers or electricians. This provision does not waive or lessen any state regulations related to licensing or permits required for electricians or plumbers;
(8) A manufactured or mobile homeowner performing installation work on their own home; and
(9) A manufacturer's home installation crew installing a manufactured or mobile home sold by the manufacturer except for the on-site supervisor.
Violation of this section is an infraction.
[ 2023 c 36 s 7; 1994 c 284 s 16. Formerly RCW 43.63B.090.]

catchline: Certified installer required on-site—Infraction—Exceptions.


title: RCW 43.22A.130

text:
An authorized representative of the department may issue a notice of infraction if the person supervising the manufactured home installation work fails to produce evidence of having a certificate issued by the department in accordance with this chapter. A notice of infraction issued under this chapter shall be personally served on or sent using an electronic or nonelectronic method by which the notice can be tracked or the delivery can be confirmed to the person named in the notice by the authorized representative. Before using an electronic method for the first time under this section, the department must provide the person named in the notice the option to receive communication through a nonelectronic method.
[ 2026 c 77 s 12; 2011 c 301 s 12; 1994 c 284 s 25. Formerly RCW 43.63B.100.]

catchline: Certified installer required on-site—Infraction—Notice.


title: RCW 43.22A.140

text:
An authorized representative may investigate alleged or apparent violations of this chapter. Upon presentation of credentials, an authorized representative, including a local government building official, may inspect sites at which manufactured home installation work is undertaken to determine whether such work is being done under the supervision of a certified manufactured home installer and conforms with the state installation requirements. Upon request of the authorized representative, a person performing manufactured home installation work shall identify the person holding the certificate issued by the department in accordance with this chapter.
[ 2023 c 36 s 8; 1994 c 284 s 24. Formerly RCW 43.63B.110.]

catchline: Violations—Investigations—Inspections.


title: RCW 43.22A.150

text:
Each day in which a person engages in the installation of manufactured homes in violation of this chapter is a separate infraction. Each worksite at which a person engages in the trade of manufactured home installation in violation of this chapter is a separate infraction.
[ 1994 c 284 s 27. Formerly RCW 43.63B.120.]

catchline: Violations—Separate infraction for each day, each worksite.


title: RCW 43.22A.160

text:
It is a violation of this chapter for any contractor, manufactured home dealer, manufacturer, or home dealer's or manufacturer's agent to engage any person to install a manufactured home who is not certified in accordance with this chapter.
[ 1994 c 284 s 28. Formerly RCW 43.63B.130.]

catchline: Violation—Use of uncertified installer.


title: RCW 43.22A.170

text:
(1) The department shall prescribe the form of the notice of infraction issued under this chapter.
(2) The notice of infraction shall include the following:
(a) A statement that the notice represents a determination that the infraction has been committed by the person named in the notice and that the determination is final unless contested as provided in this chapter;
(b) A statement that the infraction is a noncriminal offense for which imprisonment may not be imposed as a sanction;
(c) A statement of the specific infraction for which the notice was issued;
(d) A statement of a monetary penalty that has been established for the infraction;
(e) A statement of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options;
(f) A statement that, at a hearing to contest the determination, the state has the burden of proving, by a preponderance of the evidence, that the infraction was committed, and that the person may subpoena witnesses including the authorized representative who issued and served the notice of the infraction; and
(g) A statement that failure to respond to a notice of infraction is a misdemeanor and may be punished by a fine or imprisonment in jail.
[ 2006 c 270 s 11; 1994 c 284 s 26. Formerly RCW 43.63B.140.]

catchline: Notice of infraction.


title: RCW 43.22A.180

text:
Unless contested in accordance with this chapter, the notice of infraction represents a determination that the person to whom the notice was issued committed the infraction.
[ 1994 c 284 s 30. Formerly RCW 43.63B.160.]

catchline: Notice as determination.


title: RCW 43.22A.190

text:
(1) A person found to have committed an infraction under this chapter may be assessed a monetary penalty of two hundred fifty dollars for the first infraction and not more than one thousand dollars for a second or subsequent infraction. The department shall set by rule a schedule of monetary penalties for infractions imposed under this chapter.
(2) The administrative law judge may waive, reduce, or suspend the monetary penalty imposed for the infraction.
(3) Monetary penalties collected under this chapter shall be deposited into the manufactured home installation training account created in RCW 43.22A.100 for the purposes specified in this chapter.
[ 2017 c 10 s 1; 2007 c 432 s 5; 1994 c 284 s 31. Formerly RCW 43.63B.170.]

catchline: Penalty.


title: RCW 43.22A.200

text:
If a party desires to contest a notice of infraction and civil penalty issued under this chapter, the party must file a notice of appeal with the department within twenty days of the department mailing the notice of civil penalty. An administrative law judge of the office of administrative hearings shall hear and determine the appeal. Appeal proceedings must be conducted under chapter 34.05 RCW. An appeal of the administrative law judge's determination or order must be to the superior court. The superior court's decision is subject only to discretionary review under the rules of appellate procedure.
[ 2007 c 432 s 4; 1994 c 284 s 29. Formerly RCW 43.63B.150.]

catchline: Appeals.


title: RCW 43.22A.210

text:
The department may mediate disputes that arise regarding any warranty required in chapter 46.70 RCW pertaining to the purchase or installation of a manufactured home. The department may charge reasonable fees for this service and shall deposit the moneys collected in accordance with RCW 43.22A.100.
[ 2007 c 432 s 8; 1994 c 284 s 12. Formerly RCW 46.70.136.]
Notes:
Effective date—1994 c 284: See RCW 43.22A.901.

catchline: Manufactured homes—Warranty disputes.


title: RCW 43.22A.220

text:
The director may adopt rules in accordance with chapter 34.05 RCW, make specific decisions, orders, and rulings, include demands and findings within the decisions, orders, and rulings, and take other necessary action for the implementation and enforcement of duties under this chapter.
[ 1994 c 284 s 32. Formerly RCW 43.63B.800.]

catchline: Rule adoption—Enforcement.


title: RCW 43.22A.901

text:
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 shall take effect immediately [April 1, 1994].
[ 1994 c 284 s 35. Formerly RCW 43.63B.901.]

catchline: Effective date—1994 c 284.


title: RCW 43.23.001

text:
For purposes of this chapter:
(1) "Department" means department of agriculture;
(2) "Person" means any individual, partnership, association, corporation, or organized group of persons whether or not incorporated.
[ 1995 c 374 s 61.]
Notes:
Effective date—1995 c 374 ss 1-47, 50-53, and 59-68: See note following RCW 15.36.012.

catchline: Definitions.


title: RCW 43.23.002

text:
The executive and administrative head of the department of agriculture shall be the director. The director shall be appointed by the governor with the consent of the senate and shall have complete charge of and supervisory power over the department. The director shall be paid a salary fixed by the governor in accordance with RCW 43.03.040.
[ 1983 c 248 s 1.]


title: RCW 43.23.005

text:
The director of agriculture may appoint a deputy director who shall assist the director in the administration of the affairs of the department and who shall have charge and general supervision of the department in the absence or disability of the director, and who, in case a vacancy occurs in the office of director, shall continue in charge of the department until a director is appointed and qualified, or the governor appoints an acting director.
[ 1983 c 248 s 2; 1967 c 240 s 14.]

catchline: Deputy director—Appointment—Powers and duties.


title: RCW 43.23.010

text:
In order to obtain maximum efficiency and effectiveness within the department of agriculture, the director may create such administrative divisions within the department as he or she deems necessary. The director shall appoint a deputy director as well as such assistant directors as shall be needed to administer the several divisions within the department. The director shall appoint no more than eight assistant directors. The officers appointed under this section are exempt from the provisions of the state civil service law as provided in RCW 41.06.070(1)(g), and shall be paid salaries to be fixed by the governor in accordance with the procedure established by law for the fixing of salaries for officers exempt from the operation of the state civil service law. The director shall also appoint and deputize a state veterinarian who shall be an experienced veterinarian properly licensed to practice veterinary medicine in this state.
The director of agriculture shall have charge and general supervision of the department and may assign supervisory and administrative duties other than those specified in RCW 43.23.070 to the division which in his or her judgment can most efficiently carry on those functions.
[ 2002 c 354 s 244; 1990 c 37 s 1; 1983 c 248 s 3; 1967 c 240 s 1; 1965 c 8 s 43.23.010. Prior: 1951 c 170 s 1; 1921 c 7 s 83; RRS s 10841.]
Notes:
Short title—2002 c 354: See RCW 41.80.907.
Severability—1967 c 240: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [ 1967 c 240 s 52.]
Apiary advisory committee: RCW 15.60.010.

catchline: Divisions of department—Assistant directors—State veterinarian—Salaries—Assignment of duties.


title: RCW 43.23.015

text:
Except for the functions specified in RCW 43.23.070, the director may, at his or her discretion, reassign any of the functions delegated to the various divisions of the department under the provisions of this chapter or any other law to any other division of the department.
[ 2009 c 549 s 5103; 1983 c 248 s 4; 1967 c 240 s 15.]

catchline: Divisions of department—Reassignment of division functions.


title: RCW 43.23.025

text:
For rules adopted after July 23, 1995, the director of agriculture may not rely solely on a section of law stating a statute's intent or purpose, on the enabling provisions of the statute establishing the agency, or on any combination of such provisions, for statutory authority to adopt any rule.
[ 1995 c 403 s 104.]
Notes:
Findings—Short title—Intent—1995 c 403: See note following RCW 34.05.328.

catchline: Rule-making authority.


title: RCW 43.23.030

text:
(1) The director of agriculture shall exercise all the powers and perform all the duties relating to the development of markets, for agricultural products, state and federal cooperative marketing programs, land utilization for agricultural purposes, water resources, transportation, and farm labor as such matters relate to the production, distribution, and sale of agricultural commodities including private sector cultured aquatic products as defined in RCW 15.85.020.
(2) The director of agriculture shall exercise all the powers and perform all duties necessary to monitor food system performance and coordinate statewide food security, including working collaboratively with state, local, and federal agencies; tribes; nonprofit organizations; research institutions; and industry experts with roles and responsibilities pertaining to agricultural resilience and food access. When evaluating food system performance, the director shall consider metrics that, at a minimum, relate to monitoring and quantifying regulatory costs imposed by the state of Washington on fuel, packaging, and labor. Beginning June 30, 2030, the department shall report to the legislature at least once every four years, in compliance with RCW 43.01.036, on the competitiveness of Washington's agricultural regulatory landscape relative to peer state competitors for the commodity types prevalent in Washington's in-state agricultural economy.
[ 2026 c 83 s 2; 1985 c 457 s 15; 1983 c 248 s 5; 1967 c 240 s 3; 1965 c 8 s 43.23.030. Prior: (i) 1921 c 7 s 90; RRS s 10848. (ii) 1937 c 90 s 10; RRS s 10847-1.]
Notes:
Fair commission: Chapter 15.76 RCW.
Farm marketing: Chapters 15.64, 15.65, 15.66 RCW.

catchline: Powers and duties.


title: RCW 43.23.033

text:
(1) The director may provide by rule for a method to fund staff support for all commodity boards and commissions if a position is not directly funded by the legislature.
(2) Staff support funded under this section, RCW 15.65.047(1)(c), 15.66.055(3), 15.24.215, 15.26.265, 15.28.320, 15.44.190, 15.88.180, 15.89.150, and 16.67.190, and chapter 15.115 RCW shall be limited to one-half full-time equivalent employee for all commodity boards and commissions.
[ 2009 c 33 s 38; 2006 c 330 s 27; 2002 c 313 s 78.]
Notes:
Construction—2006 c 330: See RCW 15.89.900.
Effective dates—2002 c 313: See note following RCW 15.65.020.

catchline: Funding staff support for commodity boards and commissions—Rules.