S-1114.1

SUBSTITUTE SENATE BILL 5332

BySenate Housing (originally sponsored by Senators Shewmake, J. Wilson, Bateman, Chapman, Nobles, and Valdez)

AN ACT Relating to mobile dwellings; adding a new section to chapter 36.70A RCW; adding a new section to chapter 64.32 RCW; adding a new section to chapter 64.34 RCW; adding a new section to chapter 64.38 RCW; adding a new section to chapter 64.90 RCW; and providing expiration dates.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1. A new section is added to chapter 36.70A RCW to read as follows:

(1) Any city or county planning under RCW 36.70A.040 must allow at least one mobile dwelling unit on each lot zoned for residential use if the following conditions are met:

(a) The lot has at least one existing housing unit;

(b) The lot is located within an urban growth area;

(c) The lot is a property on which the city or county and the utilities have determined that the additional demand will be adequately served by sewer systems; and

(d) The mobile dwelling unit is not located in a shoreline of the state as defined in RCW 90.58.030, or in critical areas and natural resource lands designated under RCW 36.70A.170.

(2) The mobile dwelling unit must be connected to electrical service through a dedicated outlet on a service pedestal or on the primary dwelling, which must be a minimum 20-amp, ground fault circuit interrupter protected, dedicated circuit.

(3)(a) If a mobile dwelling unit has internal plumbing, it must be connected to potable water and sanitary sewer services as follows:

(i) Water connections may be made through a yard hydrant certified for potable use or an antisiphon hose bib certified for potable use from an existing home on the lot, with connections from the vehicle to the hose bib made with a flexible hose rated for potable water; and

(ii) Sewer and sanitary connections may be made through a permitted sewer lateral clean out from the sanitary sewer line of an existing housing unit on the property.

(b) If a mobile dwelling unit does not have internal plumbing, the occupants must have access to potable water, toilets, and showers in an existing housing unit on the lot 24 hours a day, seven days a week.

(4) Cities and counties must enforce standard inspection procedures for utility hookups to mobile dwelling units. Cities and counties may not require inspection of the mobile dwelling unit itself. Cities and counties may inspect storage tanks and sewer and sanitary connections of the mobile dwelling unit to ensure they are not leaking or polluting.

(5) The mobile dwelling unit must be maintained so that it can be moved at any time.

(6) The mobile dwelling unit must meet the setback requirements of the underlying zone.

(7) For the purposes of this section, "mobile dwelling unit" means a vehicular-type unit primarily designed for recreational camping or travel use that has its own motive power or is mounted on or towed by another vehicle, including travel trailers, fifth-wheel trailers, folding camping trailers, truck campers, tiny houses with wheels as defined in RCW 35.21.686, and motor homes.

NEW SECTION.  Sec. 2. A new section is added to chapter 64.32 RCW to read as follows:

(1) On or after the effective date of this section, an association of apartment owners for a property located within a city subject to the requirements in section 1 of this act may not create a restriction, covenant, condition, declaration, bylaw, rule, provision of a governing document, or a master deed provision that actively or effectively prohibits at least one mobile dwelling unit on each lot zoned for residential use as required in section 1 of this act.

(2) This section expires January 1, 2028.

NEW SECTION.  Sec. 3. A new section is added to chapter 64.34 RCW to read as follows:

(1) On or after the effective date of this section, an association for a condominium located within a city subject to the requirements in section 1 of this act may not create a restriction, covenant, condition, declaration, bylaw, rule, provision of a governing document, or a master deed provision that actively or effectively prohibits at least one mobile dwelling unit on each lot zoned for residential use as required in section 1 of this act.

(2) This section expires January 1, 2028.

NEW SECTION.  Sec. 4. A new section is added to chapter 64.38 RCW to read as follows:

(1) On or after the effective date of this section, a homeowners' association for property located in a city subject to the requirements in section 1 of this act may not create a restriction, covenant, condition, declaration, bylaw, rule, provision of a governing document, or a master deed provision that actively or effectively prohibits at least one mobile dwelling unit on each lot zoned for residential use as required in section 1 of this act.

(2) This section expires January 1, 2028.

NEW SECTION.  Sec. 5. A new section is added to chapter 64.90 RCW to read as follows:

On or after the effective date of this section, an association or a declarant for a common interest community located within a city subject to the requirements in section 1 of this act may not create a restriction, covenant, condition, declaration, bylaw, rule, provision of a governing document, or a master deed provision that actively or effectively prohibits at least one mobile dwelling unit on each lot zoned for residential use as required in section 1 of this act.

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