Chapter 296-49A WAC

Last Update: 7/31/97

DIRECTOR'S FACTORY ASSEMBLED STRUCTURES ADVISORY BOARD

WAC Sections

296-49A-010What definitions apply to this chapter?
296-49A-020What is the purpose of these rules?
296-49A-030What is the purpose of the board?
296-49A-040Who are the members and officers of the board?
296-49A-050When does the board meet?
296-49A-060How are board meetings conducted?
296-49A-070What are the duties of the board?
296-49A-080Who can speak at board meetings?
296-49A-090Can a person appearing before the board solicit business?
296-49A-100What standards of ethical conduct are expected of board members and persons appearing before the board?
296-49A-110What statute governs the adoption of FAS rules and regulations?


296-49A-010
What definitions apply to this chapter?

"Board" is the director's factory assembled structures advisory board.
"Department" is the Washington state department of labor and industries.
"Director" is the director of the department of labor and industries.
"Section" is the factory assembled structures (FAS) section of the department.
[Statutory Authority: RCW 43.22.340 and 43.22.420. WSR 97-16-043, § 296-49A-010, filed 7/31/97, effective 12/1/97.]



296-49A-020
What is the purpose of these rules?

The primary purpose of these rules is to establish a uniform means of communication between the department and persons, firms or corporations engaged in the manufacture of factory assembled structures. Generally, this communication will involve either proposed WAC rule revisions or the operation of the section.
[Statutory Authority: RCW 43.22.340 and 43.22.420. WSR 97-16-043, § 296-49A-020, filed 7/31/97, effective 12/1/97.]



296-49A-030
What is the purpose of the board?

The purpose of the board, as authorized by RCW 43.22.420, is to advise the director on all matters pertaining to the enforcement of chapter 43.22 RCW including but not limited to standards of body and frame design, construction and plumbing, heating and electrical installations, minimum inspection procedures and the adoption of rules and regulations pertaining to the manufacture of factory assembled structures, manufactured (mobile) homes, commercial coaches, recreational vehicles, and recreational park trailers.
[Statutory Authority: RCW 43.22.340 and 43.22.420. WSR 97-16-043, § 296-49A-030, filed 7/31/97, effective 12/1/97.]



296-49A-040
Who are the members and officers of the board?

The board has nine members. Each is appointed by the director to a four-year term. The members must represent consumer interests, regulated industries and allied professionals. Consequently, the composition of the board will be:
• Two members representing consumers;
• Two members representing manufactured housing;
• Two members representing factory built structures;
• One member representing recreational vehicles and recreational park trailers;
• One member representing building officials; and
• One member who will either be an architect or an engineer.
The board will elect a chairperson and vice chairperson. The department's chief prefab building specialist shall serve as secretary of the board.
According to RCW 43.03.050 and 43.03.060, each board member shall be paid travel expenses. Those expenses will be paid out of department appropriations upon the presentation of a voucher approved by the director or the director's designee.
[Statutory Authority: RCW 43.22.340 and 43.22.420. WSR 97-16-043, § 296-49A-040, filed 7/31/97, effective 12/1/97.]



296-49A-050
When does the board meet?

The board holds regular quarterly meetings on the third Thursday of February, May, August and November. If needed, the director may call special meetings. Regular and special meetings are open to the public.
[Statutory Authority: RCW 43.22.340 and 43.22.420. WSR 97-16-043, § 296-49A-050, filed 7/31/97, effective 12/1/97.]



296-49A-060
How are board meetings conducted?

The board must adopt written rules of procedure governing its internal management. These rules must include Roberts' Rules of Order, Revised. Upon written request, copies of these rules of procedure must be provided to all interested persons.
[Statutory Authority: RCW 43.22.340 and 43.22.420. WSR 97-16-043, § 296-49A-060, filed 7/31/97, effective 12/1/97.]



296-49A-070
What are the duties of the board?

(1) Every three years the board must review existing FAS rules and recommend revisions if needed. Also, the board must review any new rules and regulations proposed by the director and make recommendations regarding their adoption.
(2) The board may periodically develop administrative procedures, organizational plans and rules for improving the operation of the section and submit them to the director for consideration.
(3) Upon the request of the director, the board will assist in the administrative interpretation of national codes and Washington state rules and regulations regarding all matters pertaining to the enforcement of chapter 43.22 RCW and the manufacture of factory assembled structures, manufactured (mobile) homes, commercial coaches, recreational vehicles, and recreational park trailers. This interpretative assistance will include but will not be limited to standards of body and frame design, construction and plumbing, heating and electrical installations, and minimum inspection procedures.
However, the board will neither function as a board of appeals nor will it render decisions regarding the application or interpretation of any adopted rule or regulation to any person, firm or corporation engaged in the business of manufacturing factory assembled structures.
(4) At any board meeting, the board must consider any written proposals made by any person, firm or corporation regarding new rules and regulations or changes in administrative procedures related to the section.
However, these written proposals must be submitted to the board's secretary at least fifteen days prior to the meeting so that they can be included on the meeting agenda and in the meeting packet distributed to board members. If the parties submitting these proposals wish to address them at that meeting, their proposals must be accompanied by a written request to address the board.
[Statutory Authority: RCW 43.22.340 and 43.22.420. WSR 97-16-043, § 296-49A-070, filed 7/31/97, effective 12/1/97.]



296-49A-080
Who can speak at board meetings?

Any person, firm or corporation can speak at board meetings. However, those persons, firms and corporations wishing to formally address the board regarding specific proposals relating to any FAS rule adoptions, amendments or repeals or changes in the section's administrative procedures must be in good ethical standing with the board. (See WAC 296-49A-100.)
[Statutory Authority: RCW 43.22.340 and 43.22.420. WSR 97-16-043, § 296-49A-080, filed 7/31/97, effective 12/1/97.]



296-49A-090
Can a person appearing before the board solicit business?

The board considers it unethical for anyone appearing before the board to use any kind of solicitor to solicit business or to solicit business through circulars, advertisements or by personal communications or interviews unwarranted by personal relations. It is permissible to publish or circulate business cards.
[Statutory Authority: RCW 43.22.340 and 43.22.420. WSR 97-16-043, § 296-49A-090, filed 7/31/97, effective 12/1/97.]



296-49A-100
What standards of ethical conduct are expected of board members and persons appearing before the board?

Anyone serving on the board or appearing before it must adhere to the standards described in "Ethics and the Appearance of Fairness," State of Washington Boards and Commissions Membership Handbook. Failure to conform to these standards may result in forfeiting the opportunity to either appear before the board or serve as a member.
[Statutory Authority: RCW 43.22.340 and 43.22.420. WSR 97-16-043, § 296-49A-100, filed 7/31/97, effective 12/1/97.]



296-49A-110
What statute governs the adoption of FAS rules and regulations?

All FAS rules and regulations will be adopted according to chapter 34.05 RCW, the Administrative Procedure Act.
[Statutory Authority: RCW 43.22.340 and 43.22.420. WSR 97-16-043, § 296-49A-110, filed 7/31/97, effective 12/1/97.]