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


Sen. Donne E. Trotter

Filed: 3/20/2014





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2    AMENDMENT NO. ______. Amend Senate Bill 3176 by replacing
3everything after the enacting clause with the following:
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:



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1    (a) (Blank) "Manufactured home" means a factory-assembled,
2completely integrated structure designed for permanent
3habitation, with a permanent chassis, and so constructed as to
4permit its transport, on wheels temporarily or permanently
5attached to its frame, and is a movable or portable unit that
6is (i) 8 body feet or more in width, (ii) 40 body feet or more
7in length, and (iii) 320 or more square feet, constructed to be
8towed on its own chassis (comprised of frame and wheels) from
9the place of its construction to the location, or subsequent
10locations, at which it is installed and set up according to the
11manufacturer's instructions and connected to utilities for
12year-round occupancy for use as a permanent habitation, and
13designed and situated so as to permit its occupancy as a
14dwelling place for one or more persons. The term shall include
15units containing parts that may be folded, collapsed, or
16telescoped when being towed and that may be expected to provide
17additional cubic capacity, and that are designed to be joined
18into one integral unit capable of being separated again into
19the components for repeated towing. The term excludes campers
20and recreational vehicles. The terms "mobile home" and
21"manufactured home" do not include modular homes or
22manufactured housing units.
23    (b) "Person" means any individual, group of individuals,
24association, trust, partnership, limited liability company,
25corporation, person doing business under an assumed name,
26county, municipality, the State of Illinois, or any political



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1subdivision or department thereof, or any other entity a
2person, partnership, corporation, or other legal entity.
3    (c) "Manufacturer" means any person who manufactures
4mobile structures homes or modular dwellings manufactured
5housing at the place or places, either on or away from the
6building site, at which machinery, equipment, and other capital
7goods are assembled and operated for the purpose of making,
8fabricating, forming, or assembling mobile structures homes or
9modular dwellings manufactured housing.
10    (d) "Department" means the Department of Public Health.
11    (e) "Director" means the Director of the Department of
12Public Health.
13    (f) (Blank). "Dealer" means any person, other than a
14manufacturer, as defined in this Act, who sells 3 or more
15mobile homes or manufactured housing units in any consecutive
1612-month period.
17    (g) "Codes" means the safety codes for modular dwellings
18manufactured housing and mobile structures adopted homes
19promulgated by the Department and is synonymous with "rules".
20The Codes shall contain the standards and requirements for
21modular dwellings manufactured housing and mobile structures
22homes so that adequate performance for the intended use is made
23the test of acceptability. The Code of Standards shall permit
24the use of new and used technology, techniques, methods and
25materials, for both modular dwellings manufactured housing and
26mobile structures homes, consistent with recognized and



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1accepted codes and standards developed by the International
2Code Council (ICC) or by the organizations that formed the ICC
3in 1994: Building Officials and Code Administrators, the
4International Conference of Building Officials, the Southern
5Building Codes Congress International, the National Fire
6Protection Association, the International Association of
7Plumbing and Mechanical Officials, the American National
8Standards Institute, and the Illinois State Plumbing Code, and
9the United States Department of Housing and Urban Development,
10hereinafter referred to as "HUD", applying to manufactured
11housing and mobile homes installed and set up according to the
12manufacturer's instructions. A copy of said safety codes,
13including said revisions thereof is on file with the
15    (h) "Seal" means a device or insignia issued by the
16Department to be displayed on the exterior of the mobile
17structure home or the interior of a modular dwelling
18manufactured housing unit or modular home to evidence
19compliance with the applicable safety code.
20    (i) "Modular dwelling" home" means a building assembly or
21system of building sub-assemblies, designed for habitation as a
22dwelling for one or more persons, including the necessary
23electrical, plumbing, heating, ventilating and other service
24systems, which is of closed or open construction and which is
25made or assembled by a manufacturer, on or off the building
26site, for installation, or assembly and installation, on the



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1building site, installed and set up according to the
2manufacturer's instructions on an approved foundation and
3support system. The construction of modular dwelling units
4located in Illinois is regulated by the Illinois Department of
5Public Health.
6    (j) "Closed construction" is any building, component,
7assembly or system manufactured in such a manner that all
8portions cannot readily be inspected at the installation site
9without disassembly, damage to, or destruction thereof.
10    (k) (Blank). "Open construction" is any building,
11component, assembly or system manufactured in such a manner
12that all portions can be readily inspected at the installation
13site without disassembly, damage to, or destruction thereof.
14    (l) "Approved foundation and support system" means, for a
15modular home or modular dwelling unit, a closed perimeter
16formation consisting of materials such as concrete, mortared
17concrete block, or mortared brick, steel, or treated lumber
18extending into the ground below the frost line which shall
19include, but not necessarily be limited to, cellars, basements,
20or crawl spaces, and does include the use of piers supporting
21the marriage wall of the home that extend below the frost line.
22    (m) "Code compliance certificate" means the certificate
23provided by the manufacturer to the Department that warrants
24that the modular dwelling manufactured housing unit or mobile
25structure home complies with the applicable code.
26    (n) "Mobile structure" means a movable or portable unit,



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1which, when assembled, is 8 feet or more in width and is 32
2body feet in length, constructed to be towed on its own chassis
3(comprised of frame and wheels), and designed for occupancy
4with or without a permanent foundation. "Mobile structure"
5includes units designed to be used for multi-family
6residential, commercial, educational, or industrial purposes,
7excluding, however, recreational vehicles and single family
8residences. "Manufactured housing", "manufactured housing
9unit", "modular dwelling", and "modular home" shall not be
10confused with "manufactured home" or "mobile home".
11(Source: P.A. 96-1477, eff. 1-1-11.)
12    (430 ILCS 115/3)  (from Ch. 67 1/2, par. 503)
13    Sec. 3. (a) It is unlawful for any person to manufacture,
14rent, sell, or offer for sale for location within this State
15any mobile home manufactured after July 1, 1974, or any
16manufactured housing unit manufactured after July 1, 1976, any
17modular dwelling or mobile structure after the effective date
18of this amendatory Act of the 98th General Assembly, unless
19such modular dwelling or mobile structure mobile home or
20manufactured housing unit complies with this Act and all rules
21adopted by the Department under this Act the applicable safety
22code and any revision thereof that may be adopted hereafter, by
23the Department as hereinafter provided.
24    (b) No person shall manufacture for shipment into this
25State any mobile home after July 1, 1974, or any manufactured



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1housing unit after July 1, 1976, which does not comply with the
2applicable safety code.
3(Source: P.A. 79-731.)
4    (430 ILCS 115/4)  (from Ch. 67 1/2, par. 504)
5    Sec. 4.
6    (a) No person may rent, sell, or offer for sale to anyone
7within this State any modular dwelling or mobile structure
8after the effective date of this amendatory Act of the 98th
9General Assembly, mobile home manufactured after July 1, 1974,
10or any manufactured housing unit manufactured after July 1,
111976, unless it bears a seal issued by the Department and a
12certification by the manufacturer or dealer, that the mobile
13structure or modular dwelling mobile home or manufactured
14housing unit complies with the applicable safety code.
15    (b) Nothing in this Act prohibits a city, town, village,
16township, or county from adopting construction standards for
17mobile structures or modular dwellings under local ordinances,
18provided such ordinances incorporate the rules adopted under
19this Act and are approved by the Department. This Section is a
20limitation under subsection (i) of Section 6 of Article VII of
21the Illinois Constitution on the concurrent exercise by home
22rule units of powers and functions exercised by the State. The
23provisions of this Act shall not apply to any municipality
24which has adopted a mobile home or manufactured housing safety
25code, the provisions of which are equal to the codes



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1promulgated by the Department. Any such code must be filed with
2the Department within 10 days after its adoption. Any unit of
3local government municipality is authorized to adopt by
4reference the safety codes as promulgated by the Department
5without setting forth the provisions in full, provided that at
6least (3) copies of such codes which are incorporated or
7adopted by reference are filed in the office of the municipal
8clerk at least (15) days prior to the adoption of the ordinance
9which incorporates such codes by reference and there kept
10available for public use, inspection and examination.
11(Source: P.A. 79-731.)
12    (430 ILCS 115/5)  (from Ch. 67 1/2, par. 505)
13    Sec. 5. The Department shall issue seals to any
14manufacturer or dealer upon application supported by affidavit
15or such other evidence which the Department shall deem
16necessary to satisfy itself that the seals shall be affixed
17only to mobile structures homes or modular dwelling
18manufactured housing units which comply with the applicable
19safety code.
20(Source: P.A. 79-731.)
21    (430 ILCS 115/6)  (from Ch. 67 1/2, par. 506)
22    Sec. 6. Alteration of mobile structures or modular dwelling
23units to which seals have been affixed.
24    (a) A unit of local government may regulate the location of



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1the modular dwellings and mobile structures and their
2foundation, and the installation of the on-site utilities.
3    (b) It is unlawful for any person to make any alteration of
4any mobile structure home or modular dwelling manufactured
5housing unit to which a seal has been affixed if such
6alteration causes the mobile structure home or modular dwelling
7manufactured housing unit to be in violation of the applicable
8safety code.
9(Source: P.A. 79-731.)
10    (430 ILCS 115/7)  (from Ch. 67 1/2, par. 507)
11    Sec. 7. If any other State has a safety code for mobile
12structures homes or modular dwellings manufactured housing at
13least equal to the codes promulgated by the Department and the
14Department determines that such safety standards are being
15enforced by such other state, the Department shall place such
16other state upon a reciprocity list, which list shall be
17available to any interested person. Any mobile structures home
18or modular dwelling manufactured housing unit which bears the
19seal of any state which has been placed on the reciprocity
20list, or which bears a seal approved by such state as
21sufficient evidence of compliance, shall not be required to
22affix the seal of this state prescribed by Section 4 of this
24(Source: P.A. 79-731.)



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1    (430 ILCS 115/9)  (from Ch. 67 1/2, par. 509)
2    Sec. 9.
3    (a) The Department is hereby charged with the
4administration and enforcement of this Act. The Department is
5authorized to: (1) promulgate such reasonable regulations as
6may be necessary to administer and enforce this Act, and (2)
7adopt any revisions of the Code as may be necessary to protect
8the health and safety of the public against dangers inherent in
9the use of substandard construction and unsafe plumbing,
10electrical and heating systems.
11    The Department may impose an administrative penalty
12against any person who violates this Act or any rule adopted
13under this Act, or who violates any determination or order of
14the Department under this Act. The Department shall establish
15violations and penalties by rule, with each day's violation
16constituting a separate offense. The maximum penalty shall be
17$1,000 per day per violation.
18    The Attorney General may bring an action in the circuit
19court to enforce the collection of an administrative penalty
20imposed under this subsection (a).
21    All penalties collected under this subsection (a) shall be
22deposited into the Facility Licensing Fund. Subject to
23appropriation, moneys in the Fund shall be used for the
24enforcement of this Act.
25    (b) (Blank). At least 30 days before the adoption or
26promulgation of any regulations or any revisions of the Code,



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1pursuant to the authority vested in the Department by the
2preceding Subsection (a) of this Section, the Department shall
3mail to all state dealers and manufacturers of mobile homes a
4notice which shall contain:
5    (1) A copy of the proposed regulations or revisions
6thereon, if any;
7    (2) A copy of the proposed revision of the Code, if any;
9    (3) The time and place that the Department will consider
10any objections, comments or suggestions pertaining to the
11proposed action described in the notice.
12    (c) (Blank). After giving the notice required by Subsection
13(b) of this Section, the Department shall provide a hearing for
14interested persons to express their views on the proposed
15action, either orally or in writing as may be prescribed by the
16Department and specified in the notice.
17    (d) The Department is authorized to perform necessary
18inspection of manufacturing facilities and products to
19implement the provisions of this Act. The If the Department may
20require and approve appoints non-governmental inspectors or
21inspection agencies, provided the Department shall at all times
22exercise supervisory control over such inspectors or agencies
23to insure effective and uniform enforcement of the codes Code
24consistent with rules, regulations and interpretations
25promulgated by the Department.
26    (e) The issuance of seals may be suspended or revoked from



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1as to any manufacturer who is convicted under Section 10 of
2this Act of manufacturing products that do not conform to the
3codes or rules adopted under this Act. Issuance Code and
4issuance of seals shall not be resumed until such manufacturer
5submits proof satisfactory to the Department that the
6conditions which caused the violation of the codes Code have
7been remedied. Seals may be repossessed if a manufacturer is
8found by the Department to have affixed a seal in violation of
9the codes or rules adopted Code.
10    (f) No person may interfere with, obstruct or hinder an
11authorized representative of the Department in the performance
12of its duties under this Act.
13(Source: P.A. 78-929.)
14    (430 ILCS 115/10)  (from Ch. 67 1/2, par. 510)
15    Sec. 10. (a) The seal shall remain the property of the
16Department, and may not be placed upon a mobile structure home
17or modular dwelling manufactured housing unit which is in
18violation of this Act the applicable safety code. Compliance
19with this Act the safety code is the responsibility of the a
20manufacturer and neither the State nor the Department, shall be
21civilly or criminally liable for the issuance of any seal which
22is thereafter placed upon a nonconforming mobile structure home
23or modular dwelling manufactured housing unit.
24    (b) Any person who violates this Act, in regards to
25violations relating to modular dwellings or mobile structures,



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1shall, upon conviction by a court, be guilty of a Class B
2misdemeanor. Each day of violation constitutes a separate
3offense. The State's Attorney of the county in which the
4violation occurred or the Attorney General shall bring such
5action in the name of the People of the State of Illinois. The
6Court may enjoin the rent, sale, offer for sale, or manufacture
7of mobile structures homes or modular dwelling manufactured
8housing manufactured in violation of this Act or of the
9applicable safety code promulgated thereunder until it has been
10corrected to comply with this Act or the minimum standards
11contained in the applicable codes safety code.
12(Source: P.A. 79-731.)
13    (430 ILCS 115/11)  (from Ch. 67 1/2, par. 511)
14    Sec. 11. The Director, after notice and opportunity for
15hearing to an applicant or seal holder, may deny, suspend, or
16revoke a seal, or assess civil penalties in conformance with
17this Act, in any case in which he or she finds that there has
18been a substantial failure to comply with the provisions of
19this Act or the standards, rules, and regulations under this
21    Notice shall be provided by certified mail or by personal
22service setting forth the particular reasons for the proposed
23action and fixing a date, not less than 15 days from the date
24of the mailing or service, within which time the applicant or
25seal holder must request in writing a hearing. Failure to serve



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1upon the Department a request for hearing in writing within the
2time provided in the notice shall constitute a waiver of the
3person's right to an administrative hearing.
4    The hearing shall be conducted by the Director or by an
5individual designated in writing by the Director as a hearing
6officer to conduct the hearing. The Director or hearing officer
7shall give written notice of the time and place of the hearing,
8by certified mail or personal service, to the applicant or seal
9holder, at least 10 days prior to the hearing. On the basis of
10the hearing, or upon default of the applicant or seal holder,
11the Director shall make a determination specifying his or her
12findings and conclusions. A copy of the determination shall be
13sent by certified mail or served personally upon the seal
14holder. The decision of the Director shall be final on issues
15of fact, and final in all respects unless judicial review is
16sought as provided in this Act.
17    The procedure governing hearings authorized by this
18Section shall be in accordance with rules adopted by the
19Department. A full and complete record shall be kept of all
20proceedings, including the notice of hearing, complaint, and
21all other documents in the nature of pleadings, written motions
22filed in the proceedings, and the report and orders of the
23Director and hearing officer.
24    The Department, at its expense, shall provide a court
25reporter to take testimony. Technical error in the proceedings
26before the Department or hearing officer or their failure to



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1observe the technical rules of evidence shall not be grounds
2for the reversal of any administrative decision unless it
3appears to the Court that the error or failure materially
4affects the rights of any party and results in substantial
5injustice to any party.
6    The Department or hearing officer, or any parties in an
7investigation or hearing before the Department, may compel the
8attendance of witnesses and the production of books, papers,
9records, or memoranda.
10    The Department shall not be required to certify any record
11to the Court or file any answer in Court or otherwise appear in
12any Court in a judicial review proceeding, unless there is
13filed in the Court with the complaint, a receipt from the
14Department acknowledging payment of the costs of furnishing and
15certifying the record. The cost shall be paid by the party
16requesting a copy of the record. Failure on the part of the
17person requesting a copy of the record to pay the cost shall be
18grounds for dismissal of the action.
19The Department, at its expense, shall provide a stenographer to
20take down the testimony and preserve a record of all
21proceedings at the hearing of any case involving refusal to
22issue or renew, or the suspension or revocation of a seal. The
23notice of hearing, complaint and all other documents in the
24nature of pleadings and written motions filed in the
25proceedings, the transcript of testimony, the report and orders
26of the Department shall be the record of such proceedings. The



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1Department shall furnish a transcript of such record to any
2person or persons interested in such hearing upon payment
3therefor of 75 cents per page for each original transcript and
425 cents per page for each carbon copy thereof ordered with the
5original; provided, that the charge for any part of such
6transcript ordered and paid for previous to the writing of the
7original record thereof shall be 25 cents per page.
8    In any case involving the refusal to issue or renew or the
9suspension or revocation of a seal, a copy of the Department's
10report shall be served upon the respondent, either personally
11or by registered or certified mail as provided in this Act, for
12the service of the notice of hearing. Within 20 days after such
13service, the respondent may present to the Department a motion
14in writing for a rehearing, which written motion shall specify
15the particular grounds therefor. If no motion for rehearing is
16filed, then upon the expiration of the time specified for
17filing such a motion, or if a motion for rehearing is denied,
18then upon such denial, the Director may enter an order in
19accordance with recommendations of the report. If the
20respondent orders and pays for a transcript of the record
21within the time for filing a motion for rehearing, the 20 day
22period within which such a motion may be filed shall commence
23upon the delivery of the transcript to the respondent.
24    Any circuit court may upon application of the Director of
25or the applicant or licensee against whom proceedings under
26this section of this Act are pending, enter an order requiring



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1the attendance of witnesses and their testimony, and the
2production of documents, papers, files, books and records in
3connection with any hearing in any proceedings for contempt.
4(Source: P.A. 78-929.)
5    (430 ILCS 115/16 new)
6    Sec. 16. Illinois Administrative Procedure Act. The
7provisions of the Illinois Administrative Procedure Act are
8hereby expressly adopted and shall apply to all administrative
9rules and procedures of the Department of Public Health under
10this Act. The Department of Public Health is authorized to use
11peremptory rulemaking under Section 5-50 of the Illinois
12Administrative Procedure Act. The Department will make any rule
13adopted hereunder available electronically to the public and
14shall not be required to furnish copies in any other format.
15    (430 ILCS 115/17 new)
16    Sec. 17. Facility Licensing Fund. All fees and penalties
17collected under this Act shall be deposited into the Facility
18Licensing Fund. Subject to appropriation, all money deposited
19into the Facility Licensing Fund under this Act shall be
20available to the Department for administration of this Act.
21    (430 ILCS 115/15 rep.)
22    Section 10. The Illinois Manufactured Housing and Mobile
23Home Safety Act is amended by repealing Section 15.



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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".