SB0091sam003 94TH GENERAL ASSEMBLY

Sen. James F. Clayborne Jr.

Filed: 3/15/2005

09400SB0091sam003 LRB094 05741 DRJ 43635 a

AMENDMENT TO SENATE BILL 91

AMENDMENT NO. ______. Amend Senate Bill 91, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Mobile Home Park Act is amended by adding Sections 2.7a and 2.7b and changing Sections 9.3, 9.9, 9.10, and 26 as follows:

(210 ILCS 115/2.7a new)

Sec. 2.7a. "Existing site" means a parcel of land for the accommodation of a mobile home constructed before the effective date of this amendatory Act of the 94th General Assembly and built in conformance with the standards in effect at the time the site was originally constructed.

(210 ILCS 115/2.7b new)

Sec. 2.7b. "New site" means a parcel of land for the accommodation of a mobile home constructed on or after the effective date of this amendatory Act of the 94th General Assembly.

(210 ILCS 115/9.3) (from Ch. 111 1/2, par. 719.3)

Sec. 9.3. Minimum sites; access.

(a) Each site on which a mobile home is accommodated shall have a minimum area of 2,500 square feet, provided that sites existing in parks or approved by the Department for construction prior to August 21, 1967, shall contain an area of not less than 1,000 square feet, and sites constructed between August 21, 1967 and September 18, 1987 the effective date of this amendatory Act of 1987 shall contain an area of not less than 2,100 feet.

(b) 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.

On or after the effective date of this amendatory Act of the 94th General Assembly, 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 or private 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 of not less than 24 feet in width.

(c) There shall be an open space of of 3 meters (10 feet) side-to-side, 2.4 meters (8 feet) end-to-side, or 1.8 meters (6 feet) end-to-end horizontally between mobile homes or community buildings. The exposed composite walls and roof of both structures shall be constructed of materials that will provide a one-hour fire resistance rating, or there shall be a separation barrier between the structures that provides a one-hour fire resistance rating. Whenever an owner of a mobile home community enlarges or expands a concrete pad used to support a mobile home, installs a new mobile home, or replaces an existing mobile home on or after the effective date of this amendatory Act of the 94th General Assembly, the placement of the mobile home must comply with the setback requirements of this Section 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.

(d) When a mobile home is removed from an existing site and then returned to the existing site or when a mobile home on an existing site is removed from the site and replaced by another mobile home on the existing site, the existing site shall not be deemed to be a new site and shall be governed by the standards in effect at the time the site was originally constructed.

(e) A home rule unit other than a home rule municipality with a population greater than 1,000,000 may not regulate new or existing mobile home sites, as defined in this Act, with respect to setback and separation requirements or minimum square-footage standards in a manner that conflicts with this Section. This subsection is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(Source: P.A. 85-565.)

(210 ILCS 115/9.9) (from Ch. 111 1/2, par. 719.9)

Sec. 9.9. Fire extinguishers; smoke and carbon monoxide detectors.

(a) Mobile homes in mobile home parks shall each be equipped with the following:

(1) Fire fire extinguishers in working order, one in each end of the mobile home.

(2) A smoke detector, in working order, in each bedroom in the mobile home, in accordance with standards approved by the State Fire Marshal.

(3) A carbon monoxide detector in working order, in accordance with standards approved by the State Fire Marshal.

The changes made to this subsection (a) by this amendatory Act of the 94th General Assembly apply on and after the date that occurs one year after this amendatory Act of the 94th General Assembly becomes law.

(b) The space under a manufactured home may not be used for the storage of combustible materials or for the storage or placement of flammable liquids, gases, or liquid-fuel-powered or gas-fuel-powered equipment.

(c) Inspection of any such equipment and enforcement of any Rules and Regulations adopted pursuant to this Section paragraph shall be the duty of the State Fire Marshall and local law enforcement agencies in the county or municipality where the mobile home park is located.

(Source: P.A. 77-1472.)

(210 ILCS 115/9.10) (from Ch. 111 1/2, par. 719.10)

Sec. 9.10. Porches, carports, garages, accessory buildings, sheds, awnings, skirting, and auxiliary rooms shall be constructed of materials specified by regulations adopted by the Department or by the municipality in which the mobile home park is located or, if the mobile home park is not located in a municipality, by the county in which the mobile home park is located.

(Source: P.A. 85-565.)

(210 ILCS 115/26) (from Ch. 111 1/2, par. 736)

Sec. 26. This Act does not apply within the corporate limits of any home rule unit, except as otherwise provided in this Act.

(Source: P.A. 85-565.)

Section 99. Effective date. This Act takes effect upon becoming law.".