Illinois General Assembly - Full Text of SB3176
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Full Text of SB3176  98th General Assembly




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1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Manufactured Housing and Mobile
5Home Safety Act is amended by changing Sections 1, 2, 3, 4, 5,
66, 7, 9, 10, and 11 and by adding Sections 16 and 17 as follows:
7    (430 ILCS 115/1)  (from Ch. 67 1/2, par. 501)
8    Sec. 1. This Act may be cited as the Illinois Modular
9Dwelling Manufactured Housing and Mobile Structure Home Safety
11(Source: P.A. 86-1475.)
12    (430 ILCS 115/2)  (from Ch. 67 1/2, par. 502)
13    Sec. 2. Unless clearly indicated otherwise by the context,
14the following words and terms when used in this Act, for the
15purpose of this Act, shall have the following meanings:
16    (a) (Blank) "Manufactured home" means a factory-assembled,
17completely integrated structure designed for permanent
18habitation, with a permanent chassis, and so constructed as to
19permit its transport, on wheels temporarily or permanently
20attached to its frame, and is a movable or portable unit that
21is (i) 8 body feet or more in width, (ii) 40 body feet or more
22in length, and (iii) 320 or more square feet, constructed to be



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1towed on its own chassis (comprised of frame and wheels) from
2the place of its construction to the location, or subsequent
3locations, at which it is installed and set up according to the
4manufacturer's instructions and connected to utilities for
5year-round occupancy for use as a permanent habitation, and
6designed and situated so as to permit its occupancy as a
7dwelling place for one or more persons. The term shall include
8units containing parts that may be folded, collapsed, or
9telescoped when being towed and that may be expected to provide
10additional cubic capacity, and that are designed to be joined
11into one integral unit capable of being separated again into
12the components for repeated towing. The term excludes campers
13and recreational vehicles. The terms "mobile home" and
14"manufactured home" do not include modular homes or
15manufactured housing units.
16    (b) "Person" means any individual, group of individuals,
17association, trust, partnership, limited liability company,
18corporation, person doing business under an assumed name,
19county, municipality, the State of Illinois, or any political
20subdivision or department thereof, or any other entity a
21person, partnership, corporation, or other legal entity.
22    (c) "Manufacturer" means any person who manufactures
23mobile structures homes or modular dwellings manufactured
24housing at the place or places, either on or away from the
25building site, at which machinery, equipment, and other capital
26goods are assembled and operated for the purpose of making,



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1fabricating, forming, or assembling mobile structures homes or
2modular dwellings manufactured housing.
3    (d) "Department" means the Department of Public Health.
4    (e) "Director" means the Director of the Department of
5Public Health.
6    (f) (Blank). "Dealer" means any person, other than a
7manufacturer, as defined in this Act, who sells 3 or more
8mobile homes or manufactured housing units in any consecutive
912-month period.
10    (g) "Codes" means the safety codes for modular dwellings
11manufactured housing and mobile structures adopted homes
12promulgated by the Department and is synonymous with "rules".
13The Codes shall contain the standards and requirements for
14modular dwellings manufactured housing and mobile structures
15homes so that adequate performance for the intended use is made
16the test of acceptability. The Code of Standards shall permit
17the use of new and used technology, techniques, methods and
18materials, for both modular dwellings manufactured housing and
19mobile structures homes, consistent with recognized and
20accepted codes and standards developed by the International
21Code Council (ICC) or by the organizations that formed the ICC
22in 1994: Building Officials and Code Administrators, the
23International Conference of Building Officials, the Southern
24Building Codes Congress International, the National Fire
25Protection Association, the International Association of
26Plumbing and Mechanical Officials, the American National



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1Standards Institute, and the Illinois State Plumbing Code, and
2the United States Department of Housing and Urban Development,
3hereinafter referred to as "HUD", applying to manufactured
4housing and mobile homes installed and set up according to the
5manufacturer's instructions. A copy of said safety codes,
6including said revisions thereof is on file with the
8    (h) "Seal" means a device or insignia issued by the
9Department to be displayed on the exterior of the mobile
10structure home or the interior of a modular dwelling
11manufactured housing unit or modular home to evidence
12compliance with the applicable safety code.
13    (i) "Modular dwelling" home" means a building assembly or
14system of building sub-assemblies, designed for habitation as a
15dwelling for one or more persons, including the necessary
16electrical, plumbing, heating, ventilating and other service
17systems, which is of closed or open construction and which is
18made or assembled by a manufacturer, on or off the building
19site, for installation, or assembly and installation, on the
20building site, installed and set up according to the
21manufacturer's instructions on an approved foundation and
22support system. The construction of modular dwelling units
23located in Illinois is regulated by the Illinois Department of
24Public Health.
25    (j) "Closed construction" is any building, component,
26assembly or system manufactured in such a manner that all



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1portions cannot readily be inspected at the installation site
2without disassembly, damage to, or destruction thereof.
3    (k) (Blank). "Open construction" is any building,
4component, assembly or system manufactured in such a manner
5that all portions can be readily inspected at the installation
6site without disassembly, damage to, or destruction thereof.
7    (l) "Approved foundation and support system" means, for a
8modular home or modular dwelling unit, a closed perimeter
9formation consisting of materials such as concrete, mortared
10concrete block, or mortared brick, steel, or treated lumber
11extending into the ground below the frost line which shall
12include, but not necessarily be limited to, cellars, basements,
13or crawl spaces, and does include the use of piers supporting
14the marriage wall of the home that extend below the frost line.
15    (m) "Code compliance certificate" means the certificate
16provided by the manufacturer to the Department that warrants
17that the modular dwelling manufactured housing unit or mobile
18structure home complies with the applicable code.
19    (n) "Mobile structure" means a movable or portable unit,
20which, when assembled, is 8 feet or more in width and is 32
21body feet in length, constructed to be towed on its own chassis
22(comprised of frame and wheels), and designed for occupancy
23with or without a permanent foundation. "Mobile structure"
24includes units designed to be used for multi-family
25residential, commercial, educational, or industrial purposes,
26excluding, however, recreational vehicles and single family



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1residences. "Manufactured housing", "manufactured housing
2unit", "modular dwelling", and "modular home" shall not be
3confused with "manufactured home" or "mobile home".
4(Source: P.A. 96-1477, eff. 1-1-11.)
5    (430 ILCS 115/3)  (from Ch. 67 1/2, par. 503)
6    Sec. 3. (a) It is unlawful for any person to manufacture,
7rent, sell, or offer for sale for location within this State
8any mobile home manufactured after July 1, 1974, or any
9manufactured housing unit manufactured after July 1, 1976, any
10modular dwelling or mobile structure after the effective date
11of this amendatory Act of the 98th General Assembly, unless
12such modular dwelling or mobile structure mobile home or
13manufactured housing unit complies with this Act and all rules
14adopted by the Department under this Act the applicable safety
15code and any revision thereof that may be adopted hereafter, by
16the Department as hereinafter provided.
17    (b) No person shall manufacture for shipment into this
18State any mobile home after July 1, 1974, or any manufactured
19housing unit after July 1, 1976, which does not comply with the
20applicable safety code.
21(Source: P.A. 79-731.)
22    (430 ILCS 115/4)  (from Ch. 67 1/2, par. 504)
23    Sec. 4.
24    (a) No person may rent, sell, or offer for sale to anyone



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1within this State any modular dwelling or mobile structure
2after the effective date of this amendatory Act of the 98th
3General Assembly, mobile home manufactured after July 1, 1974,
4or any manufactured housing unit manufactured after July 1,
51976, unless it bears a seal issued by the Department and a
6certification by the manufacturer or dealer, that the mobile
7structure or modular dwelling mobile home or manufactured
8housing unit complies with the applicable safety code.
9    (b) Nothing in this Act prohibits a city, town, village,
10township, or county from adopting construction standards for
11mobile structures or modular dwellings under local ordinances,
12provided such ordinances incorporate the rules adopted under
13this Act and are approved by the Department. This Section is a
14limitation under subsection (i) of Section 6 of Article VII of
15the Illinois Constitution on the concurrent exercise by home
16rule units of powers and functions exercised by the State. The
17provisions of this Act shall not apply to any municipality
18which has adopted a mobile home or manufactured housing safety
19code, the provisions of which are equal to the codes
20promulgated by the Department. Any such code must be filed with
21the Department within 10 days after its adoption. Any unit of
22local government municipality is authorized to adopt by
23reference the safety codes as promulgated by the Department
24without setting forth the provisions in full, provided that at
25least (3) copies of such codes which are incorporated or
26adopted by reference are filed in the office of the municipal



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1clerk at least (15) days prior to the adoption of the ordinance
2which incorporates such codes by reference and there kept
3available for public use, inspection and examination.
4(Source: P.A. 79-731.)
5    (430 ILCS 115/5)  (from Ch. 67 1/2, par. 505)
6    Sec. 5. The Department shall issue seals to any
7manufacturer or dealer upon application supported by affidavit
8or such other evidence which the Department shall deem
9necessary to satisfy itself that the seals shall be affixed
10only to mobile structures homes or modular dwelling
11manufactured housing units which comply with the applicable
12safety code.
13(Source: P.A. 79-731.)
14    (430 ILCS 115/6)  (from Ch. 67 1/2, par. 506)
15    Sec. 6. Alteration of mobile structures or modular dwelling
16units to which seals have been affixed.
17    (a) A unit of local government may regulate the location of
18the modular dwellings and mobile structures and their
19foundation, and the installation of the on-site utilities.
20    (b) It is unlawful for any person to make any alteration of
21any mobile structure home or modular dwelling manufactured
22housing unit to which a seal has been affixed if such
23alteration causes the mobile structure home or modular dwelling
24manufactured housing unit to be in violation of the applicable



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1safety code.
2(Source: P.A. 79-731.)
3    (430 ILCS 115/7)  (from Ch. 67 1/2, par. 507)
4    Sec. 7. If any other State has a safety code for mobile
5structures homes or modular dwellings manufactured housing at
6least equal to the codes promulgated by the Department and the
7Department determines that such safety standards are being
8enforced by such other state, the Department shall place such
9other state upon a reciprocity list, which list shall be
10available to any interested person. Any mobile structures home
11or modular dwelling manufactured housing unit which bears the
12seal of any state which has been placed on the reciprocity
13list, or which bears a seal approved by such state as
14sufficient evidence of compliance, shall not be required to
15affix the seal of this state prescribed by Section 4 of this
17(Source: P.A. 79-731.)
18    (430 ILCS 115/9)  (from Ch. 67 1/2, par. 509)
19    Sec. 9.
20    (a) The Department is hereby charged with the
21administration and enforcement of this Act. The Department is
22authorized to: (1) promulgate such reasonable regulations as
23may be necessary to administer and enforce this Act, and (2)
24adopt any revisions of the Code as may be necessary to protect



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1the health and safety of the public against dangers inherent in
2the use of substandard construction and unsafe plumbing,
3electrical and heating systems.
4    The Department may impose an administrative penalty
5against any person who violates this Act or any rule adopted
6under this Act, or who violates any determination or order of
7the Department under this Act. The Department shall establish
8violations and penalties by rule, with each day's violation
9constituting a separate offense. The maximum penalty shall be
10$1,000 per day per violation.
11    The Attorney General may bring an action in the circuit
12court to enforce the collection of an administrative penalty
13imposed under this subsection (a).
14    All penalties collected under this subsection (a) shall be
15deposited into the Facility Licensing Fund. Subject to
16appropriation, moneys in the Fund shall be used for the
17enforcement of this Act.
18    (b) (Blank). At least 30 days before the adoption or
19promulgation of any regulations or any revisions of the Code,
20pursuant to the authority vested in the Department by the
21preceding Subsection (a) of this Section, the Department shall
22mail to all state dealers and manufacturers of mobile homes a
23notice which shall contain:
24    (1) A copy of the proposed regulations or revisions
25thereon, if any;
26    (2) A copy of the proposed revision of the Code, if any;



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2    (3) The time and place that the Department will consider
3any objections, comments or suggestions pertaining to the
4proposed action described in the notice.
5    (c) (Blank). After giving the notice required by Subsection
6(b) of this Section, the Department shall provide a hearing for
7interested persons to express their views on the proposed
8action, either orally or in writing as may be prescribed by the
9Department and specified in the notice.
10    (d) The Department is authorized to perform necessary
11inspection of manufacturing facilities and products to
12implement the provisions of this Act. The If the Department may
13require and approve appoints non-governmental inspectors or
14inspection agencies, provided the Department shall at all times
15exercise supervisory control over such inspectors or agencies
16to insure effective and uniform enforcement of the codes Code
17consistent with rules, regulations and interpretations
18promulgated by the Department.
19    (e) The issuance of seals may be suspended or revoked from
20as to any manufacturer who is convicted under Section 10 of
21this Act of manufacturing products that do not conform to the
22codes or rules adopted under this Act. Issuance Code and
23issuance of seals shall not be resumed until such manufacturer
24submits proof satisfactory to the Department that the
25conditions which caused the violation of the codes Code have
26been remedied. Seals may be repossessed if a manufacturer is



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1found by the Department to have affixed a seal in violation of
2the codes or rules adopted Code.
3    (f) No person may interfere with, obstruct or hinder an
4authorized representative of the Department in the performance
5of its duties under this Act.
6(Source: P.A. 78-929.)
7    (430 ILCS 115/10)  (from Ch. 67 1/2, par. 510)
8    Sec. 10. (a) The seal shall remain the property of the
9Department, and may not be placed upon a mobile structure home
10or modular dwelling manufactured housing unit which is in
11violation of this Act the applicable safety code. Compliance
12with this Act the safety code is the responsibility of the a
13manufacturer and neither the State nor the Department, shall be
14civilly or criminally liable for the issuance of any seal which
15is thereafter placed upon a nonconforming mobile structure home
16or modular dwelling manufactured housing unit.
17    (b) Any person who violates this Act, in regards to
18violations relating to modular dwellings or mobile structures,
19shall, upon conviction by a court, be guilty of a Class B
20misdemeanor. Each day of violation constitutes a separate
21offense. The State's Attorney of the county in which the
22violation occurred or the Attorney General shall bring such
23action in the name of the People of the State of Illinois. The
24Court may enjoin the rent, sale, offer for sale, or manufacture
25of mobile structures homes or modular dwelling manufactured



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1housing manufactured in violation of this Act or of the
2applicable safety code promulgated thereunder until it has been
3corrected to comply with this Act or the minimum standards
4contained in the applicable codes safety code.
5(Source: P.A. 79-731.)
6    (430 ILCS 115/11)  (from Ch. 67 1/2, par. 511)
7    Sec. 11. The Director, after notice and opportunity for
8hearing to an applicant or seal holder, may deny, suspend, or
9revoke a seal, or assess civil penalties in conformance with
10this Act, in any case in which he or she finds that there has
11been a substantial failure to comply with the provisions of
12this Act or the standards, rules, and regulations under this
14    Notice shall be provided by certified mail or by personal
15service setting forth the particular reasons for the proposed
16action and fixing a date, not less than 15 days from the date
17of the mailing or service, within which time the applicant or
18seal holder must request in writing a hearing. Failure to serve
19upon the Department a request for hearing in writing within the
20time provided in the notice shall constitute a waiver of the
21person's right to an administrative hearing.
22    The hearing shall be conducted by the Director or by an
23individual designated in writing by the Director as a hearing
24officer to conduct the hearing. The Director or hearing officer
25shall give written notice of the time and place of the hearing,



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1by certified mail or personal service, to the applicant or seal
2holder, at least 10 days prior to the hearing. On the basis of
3the hearing, or upon default of the applicant or seal holder,
4the Director shall make a determination specifying his or her
5findings and conclusions. A copy of the determination shall be
6sent by certified mail or served personally upon the seal
7holder. The decision of the Director shall be final on issues
8of fact, and final in all respects unless judicial review is
9sought as provided in this Act.
10    The procedure governing hearings authorized by this
11Section shall be in accordance with rules adopted by the
12Department. A full and complete record shall be kept of all
13proceedings, including the notice of hearing, complaint, and
14all other documents in the nature of pleadings, written motions
15filed in the proceedings, and the report and orders of the
16Director and hearing officer.
17    The Department, at its expense, shall provide a court
18reporter to take testimony. Technical error in the proceedings
19before the Department or hearing officer or their failure to
20observe the technical rules of evidence shall not be grounds
21for the reversal of any administrative decision unless it
22appears to the Court that the error or failure materially
23affects the rights of any party and results in substantial
24injustice to any party.
25    The Department or hearing officer, or any parties in an
26investigation or hearing before the Department, may compel the



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1attendance of witnesses and the production of books, papers,
2records, or memoranda.
3    The Department shall not be required to certify any record
4to the Court or file any answer in Court or otherwise appear in
5any Court in a judicial review proceeding, unless there is
6filed in the Court with the complaint, a receipt from the
7Department acknowledging payment of the costs of furnishing and
8certifying the record. The cost shall be paid by the party
9requesting a copy of the record. Failure on the part of the
10person requesting a copy of the record to pay the cost shall be
11grounds for dismissal of the action.
12The Department, at its expense, shall provide a stenographer to
13take down the testimony and preserve a record of all
14proceedings at the hearing of any case involving refusal to
15issue or renew, or the suspension or revocation of a seal. The
16notice of hearing, complaint and all other documents in the
17nature of pleadings and written motions filed in the
18proceedings, the transcript of testimony, the report and orders
19of the Department shall be the record of such proceedings. The
20Department shall furnish a transcript of such record to any
21person or persons interested in such hearing upon payment
22therefor of 75 cents per page for each original transcript and
2325 cents per page for each carbon copy thereof ordered with the
24original; provided, that the charge for any part of such
25transcript ordered and paid for previous to the writing of the
26original record thereof shall be 25 cents per page.



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1    In any case involving the refusal to issue or renew or the
2suspension or revocation of a seal, a copy of the Department's
3report shall be served upon the respondent, either personally
4or by registered or certified mail as provided in this Act, for
5the service of the notice of hearing. Within 20 days after such
6service, the respondent may present to the Department a motion
7in writing for a rehearing, which written motion shall specify
8the particular grounds therefor. If no motion for rehearing is
9filed, then upon the expiration of the time specified for
10filing such a motion, or if a motion for rehearing is denied,
11then upon such denial, the Director may enter an order in
12accordance with recommendations of the report. If the
13respondent orders and pays for a transcript of the record
14within the time for filing a motion for rehearing, the 20 day
15period within which such a motion may be filed shall commence
16upon the delivery of the transcript to the respondent.
17    Any circuit court may upon application of the Director of
18or the applicant or licensee against whom proceedings under
19this section of this Act are pending, enter an order requiring
20the attendance of witnesses and their testimony, and the
21production of documents, papers, files, books and records in
22connection with any hearing in any proceedings for contempt.
23(Source: P.A. 78-929.)
24    (430 ILCS 115/16 new)
25    Sec. 16. Illinois Administrative Procedure Act. The



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1provisions of the Illinois Administrative Procedure Act are
2hereby expressly adopted and shall apply to all administrative
3rules and procedures of the Department of Public Health under
4this Act. The Department of Public Health is authorized to use
5peremptory rulemaking under Section 5-50 of the Illinois
6Administrative Procedure Act. The Department will make any rule
7adopted hereunder available electronically to the public and
8shall not be required to furnish copies in any other format.
9    (430 ILCS 115/17 new)
10    Sec. 17. Facility Licensing Fund. All fees and penalties
11collected under this Act shall be deposited into the Facility
12Licensing Fund. Subject to appropriation, all money deposited
13into the Facility Licensing Fund under this Act shall be
14available to the Department for administration of this Act.
15    (430 ILCS 115/15 rep.)
16    Section 10. The Illinois Manufactured Housing and Mobile
17Home Safety Act is amended by repealing Section 15.
18    Section 99. Effective date. This Act takes effect upon
19becoming law.