AUTHORITY: Implementing and authorized by the Mobile Home Park Act [210 ILCS 115].
SOURCE: Adopted March 2, 1973; amended at 4 Ill. Reg. 46, p. 1286, effective January 1, 1981; old rules repealed, new rules adopted and codified at 8 Ill. Reg. 17520, effective September 11, 1984; old Part repealed and new Part adopted at 22 Ill. Reg. 8863, effective May 8, 1998; emergency amendment at 29 Ill. Reg. 10305, effective July 1, 2005, for a maximum of 150 days; emergency expired November 27, 2005; amended at 30 Ill. Reg. 13419, effective July 28, 2006; amended at 43 Ill. Reg. 2558, effective February 6, 2019.
Section 860.10 Definitions
In addition to the definitions
contained in the Mobile Home Park Act, the following definitions shall apply.
"Act"
means the Mobile Home Park Act [210 ILCS 115].
"Applicant"
means any person making application for a license or permit.
"Community
Water System" means a public water system that serves at least 15 service
connections used by residents or regularly serves at least 25 individuals daily
for at least 60 days per year.
"Department"
means the Illinois Department of Public Health.
"Director"
means the Director of the Illinois Department of Public Health.
"License"
means a certificate issued by the Department allowing a person to operate and
maintain a manufactured home community under the provisions of the Act and this
Part.
"Licensee"
means any person to whom a license or permit has been issued under the Act.
"Manufactured
Home" means a structure, transportable in one or more sections, which
while in the traveling mode is 8 body feet or more in width or 40 body feet or
more in length, or, when erected on site, is 320 square feet or more, and which
is built on a permanent chassis and designed to be used as a dwelling with or
without a permanent foundation when connected to the required utilities, and
includes the plumbing, heating, air conditioning, and electrical systems
contained therein. Any home defined in the Act as a "mobile home"
is defined as a "manufactured home" for the purposes of this Part.
"Manufactured
Home Community" means a tract of land or two or more contiguous tracts of
land that contain sites with the necessary utilities for five or more
independent manufactured homes for permanent habitation either free of charge
or for revenue purposes, and shall include any building, structure, vehicle, or
enclosure used or intended for use as a part of the equipment of such
manufactured home community. Separate ownership of contiguous tracts of land
shall not preclude the tracts of land from common licensure as a manufactured
home community if they are maintained and operated jointly. Neither an
immobilized manufactured home nor a motorized recreational vehicle shall be
construed as being part of a manufactured home community. Any community defined
in the Act as a "mobile home park" is defined as a "manufactured
home community" for the purposes of this Part.
"Non-Community
Water System" means a public water system that is not a community water
system that has at least 15 service connections used by non-residents, or
regularly serves 25 or more non-resident individuals daily for at least 60 days
a year and includes vending machines.
"Owner or
Operator" means the licensee or any person operating a manufactured home
community.
"Permit"
means a certificate issued by the Department permitting the construction,
alteration, or the reduction in number of sites of a manufactured home
community under the provisions of the Act and this Part.
"Person"
means any individual, group of individuals, association, trust, partnership,
corporation, limited liability company, persons doing business under an assumed
name, county, municipality, the State of Illinois, or any political subdivision
or department thereof, or any other entity.
"Pothole"
means a void or depression in the roadway with a volume of or greater than 400
cubic inches in the surface of a roadway, as calculated by multiplying the
surface area of the void or depression by the depth.
"Public
Water System" means a system for the provision to the public of piped
water for human consumption, if the system has at least 15 service connections
or regularly serves an average of at least 25 individuals daily at least 60
days a year. A public water system includes any collection, treatment, storage
and distribution facilities under the control of the operator of the system and
used primarily in connection with the system, and any collection or
pretreatment storage facilities not under the control of the operator of the
system used primarily in connection with the system.
"Resident"
means any person who occupies a manufactured home site for dwelling purposes.
"Roadway"
means any street, drive or parking area paved, graveled or any other surface
for the purpose of vehicular traffic.
"Service
equipment" means the necessary electrical equipment, usually consisting of
circuit breaker, or switch and fuses, and meter located near the point of
entrance of supply conductors to the home and intended to constitute the main
control and means of cutoff of the electrical supply.
"Special
Flood Hazard Area" means an area that would be inundated by the base flood
and shown as such on an Illinois Flood Plain Map (published by the Illinois
Department of Natural Resources, Division of Water Resources), a Flood
Insurance Rate Map or a Flood Hazard Boundary Map, both published by the
Federal Insurance Administration or the Federal Emergency Management Agency.
(Source:
Amended at 43 Ill. Reg. 2558, effective February 6, 2019)
Section 860.20 Incorporated
and Referenced Materials
a) The following materials are incorporated by reference and
include no later amendments or editions:
1) Standard Specifications for Water and Sewer Main Construction
in Illinois, 2004 Edition. Illinois Society of Professional Engineers, 100
East Washington Street, Springfield IL 62706
2) National Electrical Code, 2014 Edition. National Fire
Protection Association, 1 Batterymarch Park, Quincy MA 02269
3) Installation of Oil Burning Equipment, 2016 Edition. National
Fire Protection Association, 1 Batterymarch Park, Quincy MA 02269
4) National Fuel Gas Code, 2015 Edition. National Fire Protection
Association, 1 Batterymarch Park, Quincy MA 02269
5) Liquefied Petroleum Gas Code, 2014 Edition. National Fire
Protection Association, 1 Batterymarch Park, Quincy MA 02269
6) ASTM International (formerly American Society of Testing and
Materials, Standard Method for Test for Surface Burning Characteristics of
Building Materials), Standard E84-1998, ASTM International, 100 Barr Harbor
Drive, P.O. Box C 700, West Conshohocken PA 19248-2959
7) Transportation of Natural and Other Gas by Pipeline: Minimum
Federal Safety Standards (49 CFR 192), February 1, 2017. United States
Department of Transportation, Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey Avenue, SE, Washington DC 20590
b) The following materials are referenced in this Part:
1) State of Illinois statutes
A) Illinois Architectural Practice Act of 1989 [225 ILCS 305]
B) Illinois Professional Engineering Act [225 ILCS 325]
C) Illinois Vehicle Code [625 ILCS 5/4-203]
D) Mobile Home Park Landlord and Tenant Act [765 ILCS 745]
E) Abandoned Mobile Home Act [210 ILCS 117]
F) Private Sewage Disposal Licensing Act [225 ILCS 225]
G) Smoke Detector Act [425 ILCS 60]
H) Plumbing License Law [225 ILCS 320]
I) Swimming Facility Act [210 ILCS 125]
J) Illinois Mobile Home Tiedown Act [210 ILCS 120]
K) Illinois Municipal Code [65 ILCS 5/11-40-3]
L) Counties Code [55 ILCS 5/5-1092]
M) Townships Code [60 ILCS 1/30-130]
N) Manufactured Home Quality Assurance Act [430 ILCS 117]
O) Carbon Monoxide Alarm Detector Act [430 ILCS 135]
2) Department of Public Health regulations
A) Swimming Facility Code (77 Ill. Adm. Code 820)
B) Illinois Plumbing Code (77 Ill. Adm. Code 890)
C) Private Sewage Disposal Code (77 Ill. Adm. Code 905)
D) Drinking Water Systems Code (77 Ill. Adm. Code 900)
E) Illinois Water Well Construction Code (77 Ill. Adm. Code 920)
F) Illinois Water Well Pump Installation Code (77 Ill. Adm. Code
925)
G) Surface Source Water Treatment Code (77 Ill. Adm. Code 930)
H) Public Area Sanitary Practice Code (77 Ill. Adm. Code 895)
I) Manufactured Home Installation Code (77 Ill. Adm. Code 870)
J) Practice and Procedure in Administrative Hearings (77 Ill.
Adm. Code 100)
3) Illinois Pollution Control Board regulations
A) Public Water Supplies (35 Ill. Adm. Code Subtitle F)
B) Waste Disposal (35 Ill. Adm. Code Subtitle G)
C) Solid Waste and Special Waste Hauling (35 Ill. Adm. Code
Subtitle G, Subchapter i)
4) Illinois Environmental Protection Agency regulations
Illinois
Recommended Standards for Sewage Works (35 Ill. Adm. Code 370)
5) Materials of Other State Agencies
A) Illinois Flood Plain Map published by:
Illinois
Department of Natural Resources
Division of
Water Resources
310 South
Michigan, Room 1606
Chicago,
Illinois 60604
B) Statewide Permit Number 6, issued September 15, 1993 by:
Illinois
Department of Transportation
Division of
Water Resources
2300 South
Dirksen Parkway
Springfield,
Illinois 62764
(Source: Amended at 43 Ill.
Reg. 2558, effective February 6, 2019)
Section 860.100 Required
Permits
Section 4 of the Act specifies
the information required to obtain a permit for the construction of a new
manufactured home community. Section 4.2 of the Act contains the information
required to obtain a permit for the alteration of an existing manufactured home
community. Permits shall expire three years from the date of issuance. One
three year extension may be granted upon written request. Section 4.3 of the
Act contains the information required for a permit to reduce sites in an
existing manufactured home community. Alternations to an existing manufactured
home site or community must be performed in accordance with the Act and this
Part. A permit is not required for routine maintenance and repairs.
Section 860.110 Applications
All permit applications shall be
submitted to the Department on a form furnished by the Department. The
application shall indicate the number and identification of existing sites, new
sites to be constructed, licensed sites to be altered or eliminated and the new
total number of proposed licensed sites.
(Source:
Amended at 43 Ill. Reg. 2558, effective February 6, 2019)
Section 860.120 Plans
Section 4(d) of the Act
specifies that, for a new manufactured home community, plans must be prepared
and sealed by an architect licensed under the authority of the Illinois
Architectural Practice Act of 1989 or an engineer licensed under the authority
of the Illinois Professional Engineering Act. The plans shall be drawn to
scale. Two copies of the plans shall be submitted to the Department. The plans
and application material shall contain, at a minimum, an overall manufactured
home community plan and a typical site plan as follows:
a) The overall manufactured home community plan shall include the
following details for all proposed construction:
1) The location and dimension of each proposed site;
2) The location, width, type of surface material and traffic flow
of all streets;
3) The locations of all sidewalks and parking areas;
4) The existing and proposed contours of the area, including an
indication of any area in a flood plain and drainage away from the homes;
5) The locations, types, sizes and identification numbers of all
water pipes; details of any private or semi-private water sources, sufficient
to indicate compliance, and if the manufactured home community is served by a
community public water supply system, the name of the system;
6) The locations, types, sizes and identification numbers of all
sewage pipes, details of all private sewage disposal systems sufficient to
indicate compliance, and, if the manufactured home community is served by a
public sewer system, the name of the system;
7) The locations, types and sizes of all electrical conductors
and equipment;
8) The types, sizes, heights and locations of all proposed
manufactured home community lighting;
9) The sizes, locations and types of all fuel pipes; the
locations and sizes of all fuel storage tanks;
10) The locations of all recreational equipment, beaches,
swimming pools, parks, and community buildings (Swimming pools and bathing
beaches are subject to a separate construction permit as required by the
Swimming Facility Act.);
11) The general locations of all existing manufactured home sites
and a description of how proposed utility extensions for new sites will be
connected;
12) The types, sizes and locations of all garbage containers and
the frequency of garbage collection;
13) The types, sizes and locations of any storm drainage pipes;
14) The locations of fire hydrants and holding ponds and the name
of the fire department that serves the manufactured home community; and
15) The locations of all easements.
b) The typical manufactured home site plan shall include the
following:
1) Size, type and location of the foundation system for the home;
2) Details and locations of sewer, water and gas piping, showing
the height of the risers, the distance between them, and any valves;
3) For private sewage disposal systems, detailed drawings of the
proposed system showing the distances between components of the system and
potable water systems or bodies of water, soil characteristics, depth of ground
water table, and size of system components (When a permit for construction of a
private sewage disposal system has been obtained or is pending from a unit of local
government, a copy of the permit or permit application shall be submitted.);
and
4) Types, locations and ratings of electrical service equipment
and conductors with indication of the method of grounding.
(Source:
Amended at 43 Ill. Reg. 2558, effective February 6, 2019)
Section 860.130 Flood Plain
Requirements
Prior to the issuance of a
construction permit, the permit applicant shall submit with the application a
completed "Special Flood Hazard Area Request Form" provided by the
Department. If the site is within a Special Flood Hazard Area, the applicant
shall forward the plans for the project to the Illinois Department of Natural
Resources, Office of Water Resources. No project to be located in a Special
Flood Hazard Area shall be issued a permit without a copy of a statement from
the Office of Water Resources that the construction complies with the
requirements of Executive Order 79-4, effective May 31, 1979. Construction of
items such as water wells, septic tanks, underground utilities, light poles,
pavilions, playground equipment, sidewalks and driveways as specified in
Statewide Permit Number 6, issued by the Office of Water Resources, are exempt
from the requirements of this Section.
(Source:
Amended at 43 Ill. Reg. 2558, effective February 6, 2019)
Section 860.140 Occupancy of
New Sites
No manufactured home shall be
placed on a site that has not been licensed by the Department. Upon the
completion of the construction of new sites, the Department's regional office
shall be contacted (see Section 860.Appendix A) to arrange for an inspection.
After approval is granted by the inspector, the fee for the license for the new
site(s) shall be submitted before the new site(s) shall be licensed or
occupied. (Type A Violation)
(Source:
Amended at 43 Ill. Reg. 2558, effective February 6, 2019)
Section 860.150
Immobilization
Sites with immobilized
manufactured homes are exempt from licensure by the Department. In order for a
home to be considered immobilized, the following conditions must be met:
a) The home shall be provided with individual utilities as
defined in Section 2.8 of the Act.
b) The wheels, tongue, and hitch shall be removed and the home
shall be supported by a continuous perimeter foundation of material such as
concrete, mortared concrete block, or mortared brick which extends below the
established frost depth. The home shall be secured in accordance with the
Manufactured Home Quality Assurance Act and Manufactured Home Installation
Code. (Type A Violation)
(Source: Amended at 43 Ill. Reg. 2558, effective February 6, 2019)
Section 860.160 Deletion of
Sites
Section 4.3 of the Act specifies
the requirements that must be followed to reduce the number of licensed sites.
In addition, the following conditions shall be met:
a) The utilities shall be disconnected as follows:
1) The water service shall be shut off and capped below the frost
depth and the riser shall be removed (Type A Violation);
2) The sewer pipe shall be cut below the ground level and sealed
to prevent sewer gas from escaping (Type A Violation);
3) The electrical supply to the site shall be disconnected and
the service equipment shall be removed (Type A Violation);
4) Any natural gas to the site shall be disconnected below grade
and sealed in accordance with the National Fuel Gas Code (Type A Violation);
and
5) Any propane tanks and the piping thereto shall be removed. (Type
A Violation)
b) The home shall be removed and the site shall be cleared of any
debris or abandoned equipment. (Type A Violation)
c) The deletion shall not commence until an application for a
permit to alter has been submitted and written approval has been issued by the
Department. Upon completion of the deletion, the Department's regional office
shall be contacted to determine compliance with the requirements of this
Section. Upon approval, the next year's license shall reflect the new number
of sites. If the reduction results in fewer than five licensed sites, the
manufactured home community is no longer subject to licensure and the existing
license shall automatically become void upon approval of the reduction. (Type A
Violation)
(Source: Amended at 43 Ill. Reg. 2558, effective February 6, 2019)
Section 860.200 Layout of
the Manufactured Home Community
a) All areas of the manufactured home community shall be drained
to prevent ponding of water. Sites shall be graded to prevent surface water or
drainage from accumulating or going under the home. If necessary, a storm
drainage system shall be installed. (Type A Violation)
b) Section 9.3 of the Act specifies the minimum square footage of
each site and the location of the homes on the site. (See Section
860.Illustrations A and B.) There shall be a minimum street frontage of 25
linear feet for each site. (Type A Violation)
c) No mobile home
shall be parked closer than 5 feet to the side lot lines of a park, or closer
than 10 feet to a public street, alley or building. Each individual site shall
abut or face on a private or public street. All streets shall have unobstructed
access to a public street. There shall be an open space of at least 10 feet adjacent
to the sides of every mobile home and at least 5 feet adjacent to the ends of
every mobile home. [210 ILCS 115/9.3] Homes located on these sites
shall not be closer to a private street than the previous home on that site. (Type
A Violation)
d) Manufactured homes located on sites constructed after July 1,
1998 shall be located at least 10 feet from private streets or other
manufactured homes, and shall not extend over a sidewalk. (Type A Violation)
e) All portions of sheds, carports, garages, porches and similar
structures constructed after July 1, 1998 shall be at least 3 feet from the
manufactured home community property line, 5 feet from any other structure on
adjacent sites, and 10 feet from all streets. For corner sites, sheds shall be
at least 3 feet from all streets. Existing portions of sheds, carports,
garages, porches, and similar structures may be replaced at the same location
without complying with the requirements of this subsection (e). (Type A
Violation)
f) If any portion of a home, porch or step is within 5 feet of a
private street, a speed limit of 10 miles per hour or less shall be posted for
that street. (Type A Violation)
g) When questions arise concerning the property lines of the
manufactured home community, the licensee shall be responsible for identifying
the legal location. (Type A Violation)
(Source: Amended at 43 Ill.
Reg. 2558, effective February 6, 2019)
Section 860.210 Support
Systems
a) Sites on which homes were installed on or before July 1, 2005
shall have a support system in accordance with the requirements in effect at
the time of the installation. (Type A Violation)
b) Manufactured home sites constructed after July 1, 2005 shall
comply with the Manufactured Housing Quality Assurance Act and the Manufactured
Home Installation Code. (Type B Violation)
c) The owner or operator of a licensed manufactured home
community must keep on file copies of the Installation Compliance Certificate
required by the Manufactured Home Installation Code. This information shall be
made available by the owner or operator of the manufactured home community to
the Department, the manufactured home owner and lessee, and the representative
of the manufactured home owner and lessee. (Type A Violation)
(Source: Amended at 43 Ill.
Reg. 2558, effective February 6, 2019)
Section 860.220 Streets and
Parking
a) All streets shall be maintained free of potholes, snow, and
dust. Streets constructed after July 1, 1998 shall be constructed of rock and
oil, asphalt or concrete. (Type A Violation)
b) The minimum road width shall comply with Section 860.Table A.
(Type A Violation)
c) At least two parking spaces shall be provided for each site
constructed after July 1, 1998. At least one space shall be available for all
other sites. Parking spaces on streets must be a minimum of 18 feet in length.
(Type A Violation)
(Source:
Amended at 43 Ill. Reg. 2558, effective February 6, 2019)
Section 860.230 Water
a) Potable water shall be provided at each site. The source of
the water shall be either a community public water supply system regulated by
the Illinois Environmental Protection Agency or a system regulated by the
Department. Systems regulated by the Department shall comply with one of the
following:
1) The construction and water quality requirements of the
Drinking Water Systems Code shall be met. (Type B Violation)
2) Water wells shall be located and constructed in accordance
with the Illinois Water Well Construction Code and water well pump installation
shall comply with the Illinois Water Well Pump Installation Code. (Type B
Violation)
3) Surface water supply systems shall be constructed and operated
in accordance with the Surface Source Water Treatment Code. (Type B Violation)
b) The water distribution system shall be subject to the
following requirements:
1) If the system is connected to a community public water supply
system and has one main water meter, the distribution system beyond the main meter
shall be subject to the requirements of the Drinking Water Systems Code and the
Illinois Plumbing Code and shall be installed and maintained by a licensed
Illinois plumber in accordance with the Illinois Plumbing License Law. (Type B
Violation)
2) If the system is connected to a community public water supply
system and the residents are billed by the manufactured home community owner
for the water based on the readings from the meters at each site, the
manufactured home community owner is considered a water supplier and is subject
to the requirements of the Illinois Environmental Protection Agency. The
distribution system up to the individual service line to each home shall be
subject to the requirements of the Illinois Environmental Protection Agency. (Type
B Violation)
3) If the park is served by its own community public water supply
system, or the manufactured home community is connected to a community public
water supply without a main meter for the manufactured home community, the
distribution system up to the individual service line to each home shall be
subject to the requirements of the Illinois Environmental Protection Agency. (Type
B Violation)
c) Water distribution systems not subject to the requirements of
the Illinois Environmental Protection Agency shall be designed and constructed
in compliance with the requirements of the Drinking Water Systems Code and the
Illinois Plumbing Code and shall be installed and maintained by a licensed
Illinois plumber in accordance with the Illinois Plumbing License Law. (Type B
Violation)
1) The following additional requirements shall be met for all
distribution systems:
A) The distribution system shall supply water to each site at a
minimum pressure of 20 pounds per square inch during periods of peak usage. A
pressure reducing valve shall be installed if the pressure exceeds 80 pounds
per square inch. The distribution pipe shall be looped, whenever possible, and
dead end mains shall be equipped with flush hydrants or equivalent. (Type A
Violation)
B) All water lines under the home shall be protected from
freezing. The manufactured home community rules (Section 860.410) shall
address the resident's responsibility concerning protection of water lines from
freezing. If heat tapes are used, they must be listed for use for manufactured
homes and installed according to the manufacturer's instructions. (Type A
Violation)
2) The following requirements shall be met for distribution
systems constructed after July 1, 1998:
A) The water main distribution pipe shall be sized in accordance
with Table B and be of approved material listed in the "Standard
Specifications for Water and Sewer Main Construction in Illinois", 2014
Edition. (Type A Violation)
B) Water mains must include flush hydrants or equivalent at a
minimum of every 600 feet and at dead ends of piping. Flushing hydrants shall
be sized to provide flows that will give a mean velocity of at least 2½ feet
per second in the distribution piping being flushed. (Type A Violation)
C) Each site shall be served with a separate minimum ¾ inch inside
diameter service connection. (Type A Violation)
D) All water risers shall be at least ¾ inch inside diameter,
terminate at least 4 inches above the finished grade, and be separated at least
10 feet horizontally from the sewer riser. (Type B Violation)
E) An approved shut-off valve shall be provided near the street or
site line for installations after July 1, 1998. (Type A Violation)
d) The manufactured home community owner shall be responsible for
sampling of the water supply system and submitting the results as required by
the Department. Routine water sampling will not be required by the Department
for water supplies regulated by the Illinois Environmental Protection Agency. (Type
A Violation)
e) If the water distribution system is not regulated by the
Illinois Environmental Protection Agency, the following requirements shall be
met. When a break occurs in the manufactured home community's distribution
system or the pressure in the water distribution system is below the minimum 20
pounds per square inch, the Department's regional office (see Section
860.Appendix A) shall be notified by telephone within 24 hours or the next
business day. The affected residents shall be notified immediately by the
manufactured home community management of the need to boil their water for
three minutes before drinking it. A sign shall be posted at the entrance(s) of
the manufactured home community. The Department shall advise the manufactured
home community when the boil order can be lifted.
f) All water leaks in the water distribution system, including
those under the manufactured home, shall be repaired within 72 hours after
notification from a resident or a Department representative. (Type A Violation)
g) Notification of planned water supply interruptions for periods
greater than one hour shall be provided by the manufactured home community
management to the residents affected by the interruption. (Type A Violation)
(Source: Amended at 43 Ill. Reg. 2558, effective February 6, 2019)
Section 860.240 Sewage
a) All sewage generated within a manufactured home community
shall discharge into an approved sewage disposal system.
1) A sewage disposal system designed to discharge below ground,
or to the ground surface with a flow of less than 1,500 gallons per day, shall
be regulated by the Department and must meet the requirements of the Private
Sewage Disposal Code. (Type A Violation)
2) A sewage disposal system or group of systems installed after
July 1, 1998 designed to discharge 1,500 or more gallons per day to the ground
surface shall meet the requirements of the Illinois Pollution Control Board (35
Ill. Adm. Code 309.102(a) and (b)). (Type C Violation)
b) A sewage collection system shall meet the following
requirements:
1) A minimum 4 inch inside diameter sewer riser extending at
least 4 inches above the finished grade level shall be provided at each site.
The material for the building drain and sewer riser must be approved building
drainage pipe material as specified in Section 890.Table A of the Illinois Plumbing
Code and shall be installed by an Illinois licensed plumber. The connection
between the riser and the manufactured home sewer pipe shall be watertight and
odor tight. A watertight and odor tight cap or plug shall be installed on all
sewer risers that are not in use. Provisions shall be included to allow for
vertical movement due to frost heave if the home is not supported below the
frost depth. (See Section 860.Illustration D.) (Type A Violation)
2) The building sewer piping must be approved building sewer
material as specified in Section 890.Table A of the Illinois Plumbing Code and
meet the requirements of Section 860.Table C. (Type A Violation)
3) The construction and installation of the sewer mains and lift
stations must meet the requirements of the Illinois Environmental Protection
Agency (35 Ill. Adm. Code 370, Illinois Recommended Standards for Sewage Works)
for construction after July 1, 1998. Manholes shall be provided at every
change in direction or grade of every main sewer line, at the upper end of
every main sewer line, at every junction of two or more branch sewers, and at
intervals of not more than 400 feet. Cleanouts extending to grade level may be
used instead of manholes on sewer lines less than 8 inches in diameter, and
shall be at intervals of not more than 100 feet. (Type A Violation)
c) Malfunctioning sewage disposal systems shall be repaired and
maintained in compliance with the requirements specified in subsection (a) of
this Section. Within 48 hours after notification from a resident or a
Department representative, untreated sewage on the ground as a result of a
malfunction shall be removed to the extent possible and the contaminated ground
surface shall be covered with lime or similar material. (Type C Violation)
(Source: Amended at 43 Ill. Reg. 2558, effective February 6, 2019)
Section 860.250 Electrical
a) New Installations
1) All electrical distribution systems constructed or replaced
after July 1, 1998 and before July 1, 2005 shall be designed and constructed to
conform to the requirements of the National Electrical Code, 1996 Edition.
Article 550-C of the National Electrical Code contains specific requirements
for manufactured home communities. Design, construction, and replacement of
electrical distribution systems shall be in accordance with the 2014 edition of
the National Electrical Code. (Type C Violation)
2) For homes installed after July 1, 1998, the manufactured home
community licensee shall be responsible for providing electrical service
equipment at least equivalent to the amperage capacity of the home which it
serves. (Type A Violation)
b) Existing Installations
The following
minimum requirements shall apply to electrical systems installed prior to July
1, 1998:
1) The electrical distribution system to the manufactured home
sites shall be single phase, 120/240 volts nominal. (Type A Violation)
2) The type, size, installation and location of all conductors
shall comply with their approved use as indicated in the edition of the
National Electrical Code in effect at the time of construction. (Type A
Violation)
3) The service equipment shall not be attached to the home,
located under the home, or located anywhere that is not readily accessible.
Obstructions such as bushes shall not be located within three feet of the front
of the service equipment. (Type A Violation)
4) All electrical equipment installed outdoors shall be the
weatherproof type. Equipment located under the home shall be protected from
the weather. (Type C Violation)
5) The service equipment and any other electrical devices shall
be at least 12 inches above grade and secured to prevent any movement. (Type B
Violation)
6) The manufactured home feeder conductor shall be either a cord
which meets the requirements of the manufacturer of the home or a permanently
installed feeder as specified by the National Electrical Code in effect at the
time of installation. (Type C Violation)
7) All circuits at the service equipment shall be protected by
over-current protection as required by the National Electrical Code in effect
at the time of installation. (Type C Violation)
8) Overhead conductors shall provide an 18 feet vertical
clearance over all streets, a 12 feet clearance over driveways, and a 10 feet
clearance above grade in all other areas. Electrical conductors emerging from
the ground shall be protected by enclosures or raceways for direct buried cable
or to the approved buried depth for protected conductors and up to a point 8
feet above grade. Acceptable protection shall be rigid metal, intermediate
metal or Schedule 80 non-metallic conduit or channel. Manufactured home power
supply cords need not be enclosed in conduit or raceways. (Type C Violation)
c) Maintenance of All Systems
All electrical
systems shall be maintained in a safe condition. All damaged or defective
equipment shall be repaired or replaced, all loose equipment shall be secured,
all faceplates and panel fronts shall be in place and all live parts shall be
covered to prevent accidental contact. Tree branches that overhang
distribution wiring shall be removed. All components of the manufactured home
community electrical system shall be inspected by the manufactured home
community management and it shall be the responsibility of the licensee to have
any defects corrected. (Type C Violation)
(Source: Amended at 43 Ill.
Reg. 2558, effective February 6, 2019)
Section 860.260 Fuel Supply
The distribution, storage, and
use of natural gas, liquefied petroleum gas, fuel oil, or other fuels shall be
in accordance with the following:
a) The National Fire Protection Association's Installation of Oil
Burning Equipment, 2016 Edition. (Type A Violation)
b) The National Fire Protection Association's National Fuel Gas
Code, 2015 Edition. (Type A Violation)
c) The National Fire Protection Association's Liquefied Petroleum
Gas Code, 2014 Edition. (Type A Violation)
d) The United States Department of Transportation's Pipeline
Safety Regulations.
(Source: Amended at 43 Ill.
Reg. 2558, effective February 6, 2019)
Section 860.270 Fire Safety
a) Bales of straw or other flammable materials that do not meet
the requirements of subsection (b) of this Section shall not be used for
skirting or insulation of the manufactured home. (Type B Violation)
b) Garages, carports, porches, awnings, sheds, skirting and other
similar appurtenances shall be constructed of material designed for exterior
use that meets the flame spread rating of 200 or less in accordance with the
American Society of Testing and Materials, Standard Method of Test for Surface
Burning Characteristics of Building Materials (Standard E84). (Type B
Violation)
c) Fire
Hydrants
1) If a
manufactured home community has fire hydrants, the fire hydrant valves shall be
tested annually and the flow rates documented annually by the local fire department,
water department or other entity capable of analyzing the available flow from
the hydrants. Such test results shall be available to the Department upon
request. (Type A Violation)
2) The
licensee shall provide notification in writing to the local fire department of
the hydrants that have been deemed unsatisfactory, which includes an agreement
to either remove the hydrants, reverse the top of the hydrant or provide some
other identification acceptable to the fire department to indicate that the
hydrant is not acceptable, or install a system that meets the requirements of subsection
(d). (Type A Violation)
3) The
residents of the manufactured home community shall be advised in writing by the
licensee within 30 days when a manufactured home community licensee becomes
aware that one or more hydrants in the community is inadequate. The location
of these fire hydrants shall be specified in writing, along with a plan to
correct the situation and an anticipated date for completion. The hydrant
shall be repaired or replaced within 30 days. A copy of the notification shall
be provided to the Department's Springfield office. (Type A Violation)
d) Manufactured home communities constructed after July 1, 2005
must be located in an area protected by a fire department or fire protection
district and provided with fire hydrants within 500 feet of any structure in
the manufactured home community. As an alternative to fire hydrants, a holding
pond or other source of water of 100,000 gallons or more accessible to the fire
department or fire protection district may be used, if the fire department or
fire protection district is capable of pumping from the body of water. The
minimum size water main for providing fire protection shall be six inches in
diameter. The system shall be designed to maintain a minimum pressure of 20
psi at all points in the distribution system under normal conditions of flow.
(See Table B.) (Type A Violation)
e) Flammable liquids and gasoline-powered equipment other than
motorized vehicles shall not be stored within five feet of a manufactured home,
except when stored in a shed or garage. (Type B Violation)
f) All intended means of egress shall not be obstructed. (Type C
Violation)
(Source: Amended at 43 Ill.
Reg. 2558, effective February 6, 2019)
Section 860.280 Lighting
Communities constructed after
July 1, 1998 shall have an average illumination level of at least 0.6 foot
candles and a minimum illumination level of 0.3 foot candles maintained for all
streets in the manufactured home community. (Type A Violation)
(Source: Amended at 43 Ill. Reg. 2558, effective February 6, 2019)
Section 860.290 Pools and
Beaches
Swimming pools and bathing
beaches, if provided, shall be constructed and operated in accordance with the
Swimming Facility Code. Separate construction permits and licenses are required
in accordance with the Swimming Facility Act. (Type A Violation)
(Source:
Amended at 43 Ill. Reg. 2558, effective February 6, 2019)
Section 860.300 Solid and
Landscape Waste
a) All garbage and refuse shall be stored and disposed of so as
not to create a nuisance or a health threat.
1) Garbage must be stored in rust resistant, watertight and
fly-proof containers with the lids closed. (Type A Violation)
2) Bulk garbage containers must be stored on a concrete or
asphalt surface or on an impervious surface. (Type A Violation)
3) All containers intended for garbage must be emptied at least
once a week. (Type A Violation)
4) A minimum capacity of 40 gallons per occupied site per week
shall be provided, according to the manufactured home community rules in
Section 860.410. Sealed bags can be utilized to supplement the required
containers on the day of garbage collection only. A single 20 gallon container
is acceptable if emptied twice a week. (Type A Violation)
5) Individual containers shall be available at each site or bulk
containers shall be located within 250 feet of any home. Upon request, the
Department shall grant a variance, under the provisions of Section 850.500, to
allow bulk containers to be located more than 250 feet from a home, provided
that the Department receives written assurance that the location of the
containers is acceptable to the residents whose homes will be more than 250
feet from the containers. There is no distance limitation for bulk containers
used by the manufactured home community management to empty individual
containers. (Type A Violation)
6) Garbage and refuse shall be disposed of in accordance with the
requirements of the Illinois Pollution Control Board (35 Ill. Adm. Code
Subtitle G). (Type A Violation)
b) Landscape waste (leaves, brush, and grass) shall be stored
separately from garbage in cans or bags if required by local authorities.
Large branches do not need to be placed in a container prior to disposal. If
landscape waste burning is permitted by the local jurisdiction, all fires must
be located at least 30 feet from any structure. (Type A Violation)
(Source: Amended at 43 Ill. Reg. 2558, effective February 6, 2019)
Section 860.310 Manufactured
Home Community Appearance
a) Household furniture and appliances, auto parts including tires
and batteries, building materials, abandoned equipment, televisions, lawn
mowers, and similar items shall not be stored within the manufactured home
community except in sheds or garages with doors. If the above items are to be
discarded, they must be removed from the manufactured home community within 7
days. Precautions shall be taken to prevent entrapment of children in or under
any appliance that is being discarded. (Type A Violation)
b) Abandoned homes as defined in the Abandoned Mobile Home Act
shall be removed from the manufactured home community. Damaged homes shall be
repaired or removed within 60 days after the date damaged. The manufactured
home community owner shall advise the Department's regional office in writing
if removal cannot be accomplished within 60 days, the reason for the delay and
the expected date of compliance. (Type A Violation)
c) Trees and bushes shall not interfere with normal pedestrian
and vehicular traffic. Branches shall not touch the roofs of any structure.
Dead trees and branches shall be removed. (Type B Violation)
d) Any abandoned or unused automobile or piece of equipment
having the appearance of being abandoned shall be removed from the manufactured
home community. All automobiles, trailers and similar vehicles subject to
licensure by the Secretary of State shall have current licenses displayed. The
Illinois Vehicle Code specifies the penalty for abandoning automobiles and the
provisions for their removal by the manufactured home community management.
(See Section 860.Appendix B.) (Type A Violation)
e) All open excavations must be barricaded to prevent access. (Type
C Violation)
(Source: Amended at 43 Ill. Reg. 2558, effective February 6, 2019)
Section 860.320
Identification of Sites
All sites shall be identified
with a legible reflective or contrasting number or letter a minimum of three
inches in height. This identification shall be at the same location for each
site and visible from the street. There shall be a logical order for the
identification of the sites. Previous addresses on homes relocated to the
manufactured home community shall be removed. Street signs shall identify all
streets that have names. The licensee shall maintain a plan of the
manufactured home community indicating the labeling system, a copy of which
shall be available to the Department upon request. All electric and natural
gas meters must be identified for the site for which they serve. If there is
no identification for a vacant site, a temporary identification shall be
provided. (Type A Violation)
(Source:
Amended at 43 Ill. Reg. 2558, effective February 6, 2019)
Section 860.330 Vector
Control
The management of the
manufactured home community shall take the following measures to prevent
insects and rodents in the manufactured home community in addition to
requirements specified in other Sections of this Part:
a) Areas of ponding water and items which hold water such as
tires shall be eliminated (Type A Violation);
b) Grass and weeds shall not exceed six inches in height (Type A
Violation);
c) Firewood shall be stacked at least six inches above the ground
or on an impervious surface such as concrete (Type A Violation); and
d) The manufactured home community shall be cleared daily of
animal excrement. (Type A Violation)
(Source: Amended at 43 Ill. Reg. 2558, effective February 6, 2019)
Section 860.340 Fences
Fences on individual lots, if
permitted by the manufactured home community owner and the local jurisdiction,
shall meet the following provisions:
a) Fences shall not exceed six feet in height. (Type A Violation)
b) Fences shall be sturdy and not present a safety hazard. (Type
A Violation)
(Source: Amended at 43 Ill. Reg. 2558, effective February 6, 2019)
Section 860.350 Inspection
Doors
If manufactured home skirting is
provided, the area under the home shall remain accessible with a sliding or
hinged inspection door at least 24 inches wide and the approximate height of
the skirting shall be provided near the utility connections to the home.
Interlocking skirting with panels removable without the use of tools is
acceptable. For homes installed prior to July 1, 1998 and not provided with an
inspection door, the manufactured home community management, upon request from
a Department representative, shall remove the skirting to allow for an
inspection under the home. (Type A Violation)
(Source:
Amended at 43 Ill. Reg. 2558, effective February 6, 2019)
Section 860.360 Recreational
Vehicles
a) If approved by the manufactured home community owner, a
non-motorized recreational vehicle that meets the following criteria may be
located in a manufactured home community as a residence:
1) The vehicle contains toilet and bathing facilities (Type A Violation);
2) The vehicle is connected to the required utilities in a
permanent fashion as prescribed in this Part (Type A Violation);
3) The vehicle is intended to be occupied by the same person or
persons for at least two consecutive months at one location (Type A Violation);
and
4) If larger than 8 feet by 32 feet, the vehicle shall be secured
as specified in the Mobile Home Tiedown Code (77 Ill. Adm. Code 870). (Type A
Violation)
b) Motorized recreational vehicles shall not be located in a
manufactured home community as a residence. (Type A Violation)
(Source: Amended at 43 Ill. Reg. 2558, effective February 6, 2019)
Section 860.370 Animal
Control
All animals must be confined in
a fenced area or on a cable or similar restraint at all times the animals are
outdoors. (Type A Violation)
(Source:
Amended at 43 Ill. Reg. 2558, effective February 6, 2019)
Section 860.380 Vacant Sites
When a home is moved from a
site, the sewer riser shall be capped or plugged with a watertight and
odor-tight fitting. The water shall be shut off and the water line plugged or
capped. In freezing weather, the water line must be drained or insulated to prevent
breakage. All lines for natural gas, propane and other fuels shall be shut off
and plugged or capped. The secured plug or cap shall require a tool for
removal. Section 860.160 contains the requirements for deletion of sites. (Type
B Violation)
(Source:
Amended at 43 Ill. Reg. 2558, effective February 6, 2019)
Section 860.390 Duplex Units
Duplex manufactured homes
located in a manufactured home community must have separate water, sewer and
electrical services for each resident and a one-hour, fire-rated assembly shall
separate the units. Sites with a duplex unit shall be considered as two sites
for licensure purposes. (Type A Violation)
(Source:
Amended at 43 Ill. Reg. 2558, effective February 6, 2019)
Section 860.500 Variance
Procedures
The Department may grant a
variance to a specific provision of this Part when the owner of a manufactured
home community submits a written request for such variance to the Department,
with drawings, specifications, documents, data, or calculations showing that
the alternative methods or designs proposed will provide protection equivalent
to compliance with the requirements of this Part. The capability of the
proposed deviation to ensure protection equivalent to compliance with the
requirements of this Part shall be the basis for approval or denial of a
variance. The Department shall notify the applicant in writing of its decision
to either grant or deny the variance within 60 days after receipt of the
request. A variance must be requested and approved before the proposed
activity may be implemented.
Section 860.510 Enforcement
Action
Prior to the suspension, denial
or revocation of a manufactured home community license or the denial of a
request for a construction permit, the Department shall offer the person the
right to request an administrative hearing. The Department's Rules of Practice
and Procedure in Administrative Hearings (77 Ill. Adm. Code 100) shall apply to
all proceedings conducted under this Part.
Section 860.520 Common
Operation
Section 2.5 of the Act states
that separate ownership of contiguous tracts of land shall not preclude the
tracts of land from common licensure as a manufactured home community if
they are maintained and operated jointly. Common maintenance and operation
shall include any of the following:
a) A common name for the properties;
b) A continuous numbering system for the sites;
c) Common maintenance of the manufactured home community's roads,
grass, and utilities; or
d) Property rents paid to one individual or entity.
Section 860.530 Existing
Communities
For existing communities,
alterations shall not be required on items that were previously accepted by the
Department, unless such items create a significant health or safety problem. A
significant health or safety problem may include conditions such as improper
sewage disposal, contaminated drinking water, unsafe electrical systems, or the
location of existing auxiliary structures.
Section 860.540
Administrative Monetary Penalties
a) In addition to any other action authorized by the Mobile Home
Park Act, the Manufactured Home Quality Assurance Act, the Manufactured Home
Installation Code or this Part, if the Department finds violations at
manufactured housing communities requiring licensure under the Mobile Home Park
Act, the Department shall issue a written report or notice of the violations.
In accordance with subsections (b), (c) and (d), each violation shall be
categorized as either Type A, Type B, or Type C.
b) Type A Violation. The situation, condition or practice
constituting a Type A violation shall be abated immediately, unless a fixed
period of time, not exceeding 10 days, as determined by the Department and
specified in the notice of violation or inspection report, is required for
correction.
c) Type B Violation. A facility served with a notice of a Type B
violation shall have 10 days after receipt of the notice to submit a plan of
correction to the Department. The Department may extend the submission period when
the corrective action involves significant capital expenditures. The plan shall
include a fixed time period within which violations shall be corrected. If the
Department rejects the plan of correction, it shall send notice of the
rejection and the reason for the rejection to the facility. The facility shall
have 10 days after receipt of the notice of rejection to submit a modified
plan. If the modified plan is not timely submitted or if the modified plan is
rejected, the facility shall follow an approved plan of correction imposed by
the Department.
d) Type C violations. Type C violations include violations that
may result in serious injury or death of patrons, employees, or the general
public. Upon finding a Type C violation at a manufactured housing community,
the Department will immediately take such actions as necessary to protect
public health, which may include ordering the immediate closure of the
facility, ordering the abatement of dangerous conditions, or ordering the
cessation of any dangerous or improper practice.
e) Annotations and Penalties
1) Sections of this Part are annotated with "(Type A
Violation)", "(Type B Violation)", or "(Type C Violation)",
denoting the type of violation associated with that Section.
2) Type A violations shall carry no penalty provided they are
corrected immediately, unless a fixed period of time, not exceeding 10 days, as
determined by the Department and specified in the notice of violation or
inspection report, is required for correction. If Type A violations are not corrected,
they will be deemed Type B violations. Type B violations shall be assessed a
penalty of $25 per violation per day for each day the violation persists. Type
C violations shall be assessed a penalty of $100 per violation per day for each
day the violation persists, in addition to any other penalties provided for by
law.
(Source: Added at 43 Ill. Reg. 2558,
effective February 6, 2019)
Section 860.APPENDIX A Regional
Offices of the Department
Section 860.APPENDIX B Explanation
of the 1996 National Electrical Code Requirements for Manufactured Home
Communities (Repealed)
(Source: Repealed at 30 Ill.
Reg. 13419, effective July 28, 2006)
Section 860.APPENDIX C
Unlicensed Motor Vehicles
Section 860.310(d) of the
Manufactured Home Community Code prohibits unlicensed vehicles in manufactured
home community. This includes cars, trucks, motorcycles and trailers. While it
is the manufactured home community owner's responsibility to assure compliance
with this requirement, the manufactured home community owner may have legal
difficulties in getting an unlicensed vehicle either licensed or removed within
the time period allotted by the Department (usually 30 days). The Department
recognizes this problem and encourages an investigation into the following
possibilities.
1. The rules of the particular manufactured home community should
prohibit unlicensed vehicles from being located in the manufactured home
community and contain language that allows the manufactured home community
owner to have unlicensed vehicles towed at the owner's expense after seven days
written notice is provided. The resident should sign an acknowledgment and
agreement to the rules.
2. Effective January 1, 1988, the local governmental jurisdiction
has the authority to adopt an ordinance to permit it to tow inoperable motor
vehicles and their parts after seven days written notification to the owner.
Manufactured home community owners should encourage local jurisdictions to
adopt such an ordinance and then advise the authorities when enforcement action
needs to be initiated by the local authorities. The language describing this
authority is contained in three particular laws for municipalities [65 ILCS
5/11-40-3], for counties [55 ILCS 5/5-1092] and for townships [60 ILCS
1/30-130]. This pertains only to inoperable vehicles but includes those on
both public and private property.
3. Section 4-203 of the Illinois Vehicle Code [625 ILCS 5/4-203]
contains provisions that allow a manufactured home community owner to
immediately tow an unlicensed vehicle if the owner has a sign posted as
specified in the Illinois Vehicle Code.
4. The American Lung Association has a Vehicle Donation Program.
For more information contact the American Lung Association, Vehicle Donation
Program, #1 Christmas Seal Drive, P.O. Box 2576, Springfield, Illinois
62708-2576, or call 1-800-583-4425.
5. The National Kidney Foundation of Illinois, Inc. has a car
donation program. Call 1-800-488-CARS for details.
Section 860.APPENDIX D Home
Rule Units (Repealed)
(Source:
Repealed at 43 Ill. Reg. 2558, effective February 6, 2019)
Section 860.ILLUSTRATION A Manufactured
Home Community Layout For Sites Constructed After July 1, 1998
Section 860.ILLUSTRATION B Typical
Manufactured Home Site
Section 860.ILLUSTRATION C Water
Service Connection
Section 860.ILLUSTRATION D Sewer
Service Connection
Section 860.ILLUSTRATION E
Sample Register Information
Address
Names of All Occupants of Home
Secretary of State Vehicle
Identification Number
Dimensions of Home Square
Feet
Date Home Moved to Above Address
Name of Homeowner
Address of Homeowner
My signature below indicates
concurrence with the above information. In addition, I concur that I was
provided with the information specified in Section 860.400 of the Manufactured
Home Community Code, which includes the manufactured home community rules,
information regarding the tiedown of a home, safety tips in the event of a
tornado, a copy of the Mobile Home Landlord and Tenants Rights Act, and the
name and telephone number of the manufactured home community manager.
Signature of Owner/Occupant
(It is suggested that a separate
page or card be devoted to each address and that the records be kept in address
order. The records of residents who have moved must be kept for six years from
the date of initial occupancy.)
Section 860.ILLUSTRATION F Manufactured
Home Community Electrical System
Section 860.TABLE A Minimum
Road Width
Minimum
Road Width
(In
feet)
Way Traffic Two Way Traffic
No Parking on Streets 18 24
Parking on Streets 24 30
Parking on Both Sides 30 36
Section 860.TABLE B Water
Distribution Pipe Size
|
Inside
Diameter of Main (In inches)
|
Number
of Manufactured Home Sites Connected
|
Maximum
Length of Main (In feet)
|
|
|
|
|
|
2
|
20
|
600
|
|
3
|
60
|
1,800
|
|
4
|
120
|
3,600
|
|
6
|
400
|
12,000
|
NOTE: If local requirements exceed the above sizes, the local
standards must be met. A minimum 6-inch diameter pipe is required if fire
hydrants are installed in the water distribution system. (See Section
860.270(d).)
(Source: Amended at 30 Ill.
Reg. 13419, effective July 28, 2006)
Section 860.TABLE C Minimum
Size and Slope of Sewer Mains
|
Inside
|
|
|
|
|
|
|
|
Number of Sites
|
(Inches)
|
Minimum Slope
|
|
|
|
|
|
|
|
|
|
1-125
|
6
|
0.75%
|
|
more than 125
|
8
|
0.40%
|