17-102652 RECEIVED
JUL 282017
TY OF FEDERAL WAY
OLSEN LAW FIRM PLLC COM UNITY DEVELOPMENT
WALTER H.OLSEN,JR.,ATTORNEY JAN[CE MUNSON,PARALEGAL,
B.TONY BRANSON,ATTORNEY DOUG SCHARNFIORST,CONTROLLER/PARALEGAL
DERIC N.YOUNG,ATTORNEY LIGIA PARKER,PARALEGAL
MICHAEL D. AT HLIN,ATTORNEY KELLEY GILBERTSON,LEGAL ASSISTANT
July 25, 2017
Robert"Doc"Hansen
Department of Community Development
City of Federal Way
33325 8tl' Avenue South
Federal Way, WA 98003
Re: Code Clarification, File 17-102652, Regarding Recreational Vehicles in
Manufactured/Mobile Home Parks
Dear Mr. Hansen:
We represent Charwood Mobile Home Park located in the City of Federal Way. We are in
receipt of your letter dated July 20, 2017 regarding the application of certain City ordinances to
manufactured home communities.
We are pleased that you now recognize that recreational vehicles (RVs) are specifically allowed
as primary residences at mobile home communities pursuant to RCW 35A.12.312 and assume
that Charwood may now obtain an occupancy permit to authorize PSE to turn power back to lot
#100.
However, Charwood is deeply concerned by your statements regarding the application of RCW
35A.63.146 and RCW 35A.21.231 to manufactured home communities. The City of Federal
Way's requirements fail to recognize the uniqueness of manufactured home parks where the
landlord owns the land and the tenant owns the home, which uniqueness our state legislature has
specifically recognized and sought to protect.
First, you state that RCW 35A.63.146 is irrelevant because in this case Charwood is a
conforming use. Are you then acknowledging that the manufactured homes currently in the
park, none of which are on permanent foundations, are conforming uses? If not, the statute is
directly on point:
A code city may not prohibit the entry or require the removal of a
manufactured/mobile home, park model, or recreational vehicle authorized in a
manufactured housing community under chapter 59.20 RCW on the basis of the
community's status as a nonconforming use.
The City of Federal Way is prohibited from applying the foundation requirement retroactively to
prevent the Park from replacing a nonconforming home. Charwood does not lose its vested
205 S. MERIDIAN•PUYALLUP•WASHINGTON•9837 I•TELE•253-200-2288•FAX•253-200-2289
July 25, 2017
Page 2
property right merely because a tenant removes his/her personal property from the park or the
park wishes to upgrade an existing home with a newer home, that improves the appearance of the
community and meets HUD construction and L&I installation standards.
Second, you cite RCW 35A.21.231(2) which states: "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"as
justification for a code provision requiring foundations in manufactured home communities.
Manufactured homes and recreational vehicles are subject to both state and federal installation
and safety standards. RCW 43.22.440; 42 U.S.C. §§ 5401-5426; 24 C.F.R. § 3282.8(g)t. The
Washington State legislature, in the public interest, has empowered the Department of Labor and
Industries to promulgate rules governing the installation and safety of manufactured homes,
recreational vehicles, and park models, and recognizes different American National Standards
Institute standards apply. RCW 43.22.340 ("A119.1 for mobile homes and commercial coaches,
A119.2 for recreational vehicles, and A119.5 for park trailers.") State law specifically addresses
installation standards for manufactured homes. Those standards do not require permanent
foundations. WAC 296-1501-0310.
Any attempt to impose such requirements in a manufactured home community in the name of
safety is arbitrary and capricious. There is no rational relationship between safety and the
foundation requirement. The only inquiry permitted of the City is whether the manufacturer
certified that the home was built in accordance with HUD's construction and safety standards
and whether the installation of the home meets the manufacturer's installation standards. WAC
296-1501-0310 (applicable only"No the extent that the installation of a manufactured home is
not covered by a ... manufacturer's instructions..."). Imposition of illegal conditions or
application of ordinances not applicable to locating homes in a Park is unacceptable.2
The U.S. Department of Housing and Urban Development's regulations are contained in the National
Manufactured Housing Construction and Safety Standards Act of 1974,42 U.S.C. §§5401-5426 and the regulations
adopted pursuant to 24 C.E.R.3280 and 3282 . Pursuant to 24 C.F.R.3282.11(d):
No state or locality may establish or enforce any rule or regulation or take any action that stands as
an obstacle to the accomplishment and execution of the full purposes and objectives of Congress.
42 U.S.C. §5403(d)provides that:
"No State or political subdivision of a State shall have any authority either to establish,or to
continue in effect,with respect to any manufactured home covered,any standard regarding the
construction or safety applicable to the same aspect of performance of such manufactured home
which is not identical to the Federal manufactured home construction and safety standard. Federal
preemption under this subsection shall be broadly and liberally construed...
2 Further,these requirements are a de facto attempt by the City to discriminate based upon the age of the home. As
we stated before, Washington law precludes the City from discriminating based upon the age or size of the
manufactured home. See RCW 35A.21.312. Application of these statutes to manufactured home communities
appears to be the City's way of trying to keep used homes out of the City.
July 25, 2017
Page 3
By definition, homes in a manufactured home park are expected to move in and out as new
owners and tenants either vacate or move-in. Older parks in particular are faced with the
prospect of replacing homes that may predate HUD construction standards and/or are aging out
with newer homes with better fire protection and safety features, and more pleasing aesthetics,
while also promoting the affordable housing that the state law is intended to preserve. Requiring
a Park or tenants to incur the expense of laying a foundation that will likely need to be replaced
in order to later install a different home is costly and flies in the face of the City of Federal
Way's comprehensive plan to support affordable housing for seniors and low income persons.
See Ch. 5.
At the end of the day, all my client wants is for the City to allow the Park(and its tenants) to
install replacement homes consistent with their vested property rights.
Thank you for your candid consideration of these legal issues,
Sincerely,
LAW FIRM P L
eric N. Young
cc: Brian Davis, Director, Community Development
Charwood Mobile Home Park
Department of Community Development
CITY OF �r� 33325 8 Avenue South
Federal Way,WA 98003
Federal Way 253-835-2601 —Fax:253-835-2609
www.citvoNederalway.com
July20, 2017
Mr. William Basto,Manager
Charwood Mobile Home Park
1660 S. 333 St. #15
Federal Way, WA 98003
RE: Code Clarification, File 17-102652,Regarding Recreational Vehicles in Mobile Home
Parks
Dear Mr. Basto;
I am writing this letter in response to your request for an administrative decision regarding
recreational vehicles(RVs)in mobile home parks and the City's denial of an electrical hookup at
the Charwood Mobile Home Park(Charwood). The City reviewed the materials you provided
and finds that RVs are allowed as primary residences in manufactured/mobile home communities
pursuant to RCW 35A.12.312. Please be aware that the City will likely be reviewing the Federal
Way Revised Code(FWRC) for consistency with state law and making appropriate amendments
to impose regulations on the use of RVs as primary residences in manufactured/mobile home
communities as allowed under RCW 35A.21.312(4).
Regarding your reference to RCW 35A.63.146 relating to non-conforming uses,that section
protects certain manufactured housing communities as non-conforming uses, Charwood is
located in a multifamily residential zone that allows manufactured home parks; therefore,the
Charwood is a conforming use and its status as such is irrelevant to the City's analysis.
Furthermore,you discuss RCW 35A.21.312(2)and argue that the City cannot require
foundations within manufactured home parks. This is not correct. RCW 35A.21.312(2)relates to
ordinances restricting the location of manufactured/mobile homes in manufactured/mobile home
communities(legally in existence prior to June 12, 2008)based solely on age or dimensions,and
does not preclude the City from regulating the location of manufactured/mobile homes for any
other reason,which includes foundation requirements. Because the City's requirement that
manufactured homes be placed on a permanent foundation is not based solely on the age or
dimensions of manufactured/mobile homes, it is a valid and enforceable requirement.
Should you have any questions regarding this matter please give me a call at(253) 835-2643 or
email me at robert.hansen@cityoffederalway.com.
Sincerely,
Robert" oc"Hansen
Planning Manager
c. Scott Sproul,Building Official
Brian Davis,Director,Community Development
` • .ECEIVED REQUEST FOR ADMINISTRATIVE DECISION
CITY OF DEPARTMENT OF COMMUNITY DEVELOPMENT
Federal Way JUN 0 2 2011 3325 86 Avenue South
Federal 3Way,WA 98003 63 5
CITY OF FEDERAL.WAY 253-835-2607;Fax 253-835-2609
COMMUNITY DEVELOPMENT www.cityoffederalway.com
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FILE NUMBER - / 0 S Date is, " f .-d/
Applicant
NAME PRIMARY PHONE
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BUSINESS/ORGANIZATION ALTERNATE PHONE
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CITY STATE ZIP FAX C
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Property Address/Location 14 D , .6, r ;0l t r
Li14�L C� 9,6 3 W—.)4)6-40
Description of Request
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List/Describe Attachments Pen, L (15 vow e" R. E u e fir'
p'Lo a Z 3 i4- PP1/G lee` CoAef
For Staff Use
❑ Code Interpretation/Clarification - No Fee
❑ Critical Areas Letter/Analysis/Peer Review - No Fee(Actual Cost if Applicable)
❑ Request for Extension(Land Use/Plat Approval) - Check Current Fee Schedule
❑ Revisions to Approved Permit - Check Current Fee Schedule
❑ Tree Removal - No Fee
❑ Zoning Compliance Letter - Check Current Fee Schedule
0
Bulletin#079—January 4,2016 Page 1 of 1 k:\Handouts\Request for Administrative Decision
CFI A R lik0 0 D
NIOBILE Iiii\IF P.APK
%IA\ (1 :1 Blt I A, KATII'
1660 S. 333"ST. #15, FEDERAL WAY, WA 98003
PHONE 253-838-9608
E-MAIL Charwood@davisinvestors.com
CODE CLARIFICATION:
Description of Request: This past week we were denied electrical RE-hookup for #100 at
Charwood MHP on the basis that RV's are not allowed in a Residential Zone. Charwood
MHP is not a "residential zone, but a rather a MHP zoned multi-family. Further, by state
law RV's cannot be excluded from manufactured home parks.
We have now lost revenue due to this incorrect code reference and our reputation has been
tarnished due to having a RV tenant move onto premises and then to be turned away
leaving them stranded on finding a place to stay. We need to have power turned back onto
this #100 lot immediately. Please advise as to how to proceed.
Bill Basto
Thank You
Manager
Bill & Katie
t
H, WOOD
\ t=..i ,, { u..j. .'v K A 111:
1660 S. 333R°ST. #15, FEDERAL WAY,WA 96003
PHONE 253-838-9606
E-MA[L Charwood@davisinvestors.com
First, RV's are specifically allowed as primary residences at mobile home communities. As
applied by the city, FWMC 19.130.290 is in direct violation of RCW 35.21.684(3), RCW
35A.21.312(3), and RCW 36.01.225(3) ("...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").
Second, Charwood MHP is a vested nonconforming use as a mobile home park. Pursuant to
RCW 35A.63.146(2), "[a] code city may not prohibit the entry or require the removal of a
manufactured/mobile home, park model, or recreational vehicle authorized in a
manufactured housing community under chapter 59.20 RCW on the basis of the
community's status as a nonconforming use." See also RCW 35A.63.145; RCW 35A.63.146 ;
RCW 35.63.161 (application of same to city, code city and county.)
Finally, the code chart requiring "foundations" does not apply to manufactured home parks.
RCW 35A.21.312 specifically limits the city's authority and excepts preexisting
manufactured home parks:
(2) A city or town 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
,1
manufactured/mobile home. This does not preclude a city or town 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.
In that Charwood is a mobile home park established long before 2008, the city cannot require
a permanent foundation under each home.
Bill Basto
Thank You
Manager
Bill & Katie