35A.21.312 - Authority to regulate placement or use of homes -- Regulation of manufactured homes -- Issuance of permits -- Restrictions on location of manufactured/mobile homes and entry or removal of

Authority to regulate placement or use of homes — Regulation of manufactured homes — Issuance of permits — Restrictions on location of manufactured/mobile homes and entry or removal of recreational vehicles used as primary residences.

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

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

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

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

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

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

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

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

     (3) Except as provided under subsection (4) of this section, a code city may not adopt an ordinance that has the effect, directly or indirectly, of preventing the entry or requiring the removal of a recreational vehicle used as a primary residence in manufactured/mobile home communities.

     (4) Subsection (3) of this section does not apply to any local ordinance or state law that:

     (a) Imposes fire, safety, or other regulations related to recreational vehicles;

     (b) Requires utility hookups in manufactured/mobile home communities to meet state or federal building code standards for manufactured/mobile home communities or recreational vehicle parks; or

     (c) Includes both of the following provisions:

     (i) A recreational vehicle must contain at least one internal toilet and at least one internal shower; and

     (ii) If the requirement in (c)(i) of this subsection is not met, a manufactured/mobile home community must provide toilets and showers.

     (5) For the purposes of this section, "manufactured/mobile home community" has the same meaning as in RCW 59.20.030.

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

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

[2009 c 79 § 2; 2008 c 117 § 2; 2004 c 256 § 3.]

Notes: Findings -- Intent--Effective date--2004 c 256: See notes following RCW 35.21.684.