(430 ILCS 117/1)
Sec. 1.
Short title.
This Act may be cited as
the Manufactured Home Quality Assurance Act.
(Source: P.A. 92-410, eff. 1-1-02.)
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(430 ILCS 117/5)
Sec. 5.
Purpose.
The purpose of this Act is to ensure that the people
of the State of Illinois who purchase manufactured homes receive a quality
product and quality installation.
(Source: P.A. 92-410, eff. 1-1-02.)
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(430 ILCS 117/10)
Sec. 10. Definitions. In this Act:
"Department" means the Illinois Department of Public Health.
"Licensed installer" means a person who has successfully
completed a manufactured home installation course approved
by the Department and paid the required fees.
"Manufactured home" and "mobile home" mean a "manufactured home", as defined in subdivision (53) of Section 9-102 of the Uniform Commercial Code. "Mobile home" means a factory-assembled, completely integrated structure, constructed on or before June 30, 1976, designed for permanent habitation, with a permanent chassis, and so constructed as to permit its transport, on wheels temporarily or permanently attached to its frame, that is a movable or portable unit that is constructed to be towed on its own chassis (comprised of frame and wheels) from the place of its construction to the location, or subsequent locations, at which it is connected to utilities for year-round occupancy for use as a permanent habitation, and designed to be used as a dwelling with or without a permanent foundation and situated so as to permit its occupancy as a dwelling place for one or more persons. The terms "manufactured home" and "mobile home" shall include units otherwise meeting their respective definitions containing parts that may be folded, collapsed, or telescoped when being towed and that may be expected to provide additional cubic capacity, and that are designed to be joined into one integral unit capable of being separated again into the components for repeated towing. The terms "manufactured home" and "mobile home" exclude campers and recreational vehicles.
"Manufacturer" means a manufacturer of a manufactured home, whether
the manufacturer is located within or outside of the State of Illinois.
"Mobile home" or "manufactured home" does not include a modular home.
"Mobile home park" means a tract of land or 2 contiguous tracts of land that contain sites with the necessary utilities for 5 or more mobile homes or manufactured homes. A mobile home park may be operated either free of charge or for revenue purposes.
(Source: P.A. 98-749, eff. 7-16-14; 99-750, eff. 8-5-16.)
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(430 ILCS 117/15)
Sec. 15. Enforcement of setup standards. The Department is responsible
for enforcing setup standards mandated by the United States Department of
Housing and Urban Development as set forth in manufacturers' specifications pursuant to Section 3285.2(a) of Title 24 of the Code of Federal Regulations, 24 C.F.R. 3285.2(a).
In the absence of manufacturer's specifications, the Department must provide
installation standards.
(Source: P.A. 99-750, eff. 8-5-16.)
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(430 ILCS 117/20)
Sec. 20.
Manufacturer's licenses; fees.
No manufacturer may sell a
manufactured home that is to be installed in the State of Illinois unless
the Department has issued to that person a license under this Section. Each
manufacturer's license issued or renewed is valid until December 31 of the
year it was issued or renewed. The fee for the issuance and renewal of a
manufacturer's license is $500 per year.
(Source: P.A. 92-410, eff. 1-1-02.)
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(430 ILCS 117/25)
Sec. 25. Installation of home; installer's license; fees; display of
license. All manufactured homes shall
be installed under the immediate onsite supervision of a licensed manufactured home
installer. The fee for the issuance and renewal of an installer's license
is $150 per year. In addition, a fee of $50 shall be paid by the licensed
installer responsible for the installation for each manufactured home
installed as evidenced by the installers affixing of a Department-issued seal to the home and filing of an installation certificate with the Department. A licensed installer shall provide proof of licensing at the
installation site at all times during the installation. The licensed
installer responsible for the installation shall disclose the place of
manufactured home delivery and the name of the buyer to the Department. When the Department is required to inspect the installation of a manufactured home, a fee of $395 shall be paid to the Department by the installer for each inspection made. When a Department-approved third party inspects the installation of a manufactured home, the installer shall pay an inspection fee not to exceed $395 to the person performing the inspection. A report of the installation inspection shall be made in a manner prescribed by the Department. The Department shall by rule establish the qualifications and manner in which third parties may be approved to inspect manufactured housing inspections.
(Source: P.A. 99-750, eff. 8-5-16.)
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(430 ILCS 117/30)
Sec. 30.
Installer training.
Licensed installers must satisfactorily
complete the Illinois Manufactured Housing Association setup course or other
training approved by the Department. An installer who before January 1, 2002
has satisfactorily completed a setup course or other training approved by the
Department is not required to complete any other course or training to qualify
for a license under this Act.
(Source: P.A. 92-410, eff. 1-1-02.)
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(430 ILCS 117/35)
Sec. 35.
Deposit of funds.
The Department must deposit all funds
received under this Act into the Facility Licensing Fund.
(Source: P.A. 92-410, eff. 1-1-02.)
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(430 ILCS 117/40)
Sec. 40.
Oversight.
(a) This Act is to be administered by the Department.
The Department and other personnel as the Department
considers necessary must perform the following duties:
(1) Issue manufacturer's licenses and collect fees.
(2) Issue installer's licenses and collect fees.
(b) The Department must serve as a liaison between
the State, mobile home park owners, purchasers of mobile homes,
dealers, manufacturers, and installers. The Department
must receive and investigate complaints related to this Act
for the purpose of obtaining non-binding resolution of
conflicts between park owners, dealers, manufacturers, installers,
and purchasers of mobile homes.
(c) There is created the Manufactured Housing
Quality Assurance Board to consult and advise the Department.
The Board must comprise 9 members as follows: (i) The
Director of the Department, or his or her designee, to serve
as chairman; (ii) 3 residents of mobile home parks who
have lived in mobile homes for at least 5 years; (iii)
the president of a state association of mobile home owners or
his or her representative; (iv) one mobile home park owner
who has owned a mobile home park containing at least 20 sites
for at least 5 years; (v) one licensed dealer; (vi) one
licensed installer; and (vii) one licensed manufacturer. Each
individual described in items (iv), (v), (vi), and (vii) must be an
active member of either the Illinois Manufactured Housing
Association or the Illinois Housing Institute.
(d) Members of the Board are appointed by the
Governor for 3 year terms, except that, of the initial members,
the terms of 3 members expire on December 31 of the
year following the effective date of this Act and the terms of
3 other members expire on December 31 of the second
year following the effective date of this Act. Members serve
until their successors are appointed. Any member appointed to
fill a vacancy occurring prior to the expiration of the term
for which his predecessor was appointed is appointed for
the remainder of that term. The initial appointments commence
on the effective date of this Act.
(e) The Board must meet at least 3 times each
year. Additional meetings may be called by the Department.
A majority of the members of the Board constitute a
quorum. Each member of the Board must be compensated for
travel expenses incurred in the performance of duties as a member
of the Board in accordance with Section 12-2 of the
State Finance Act.
(f) The Department must promulgate rules to implement this Act.
(Source: P.A. 92-410, eff. 1-1-02.)
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(430 ILCS 117/45)
Sec. 45.
Penalties.
The Department may revoke a
license issued under this Act for a period not to exceed
6 months for a violation of this Act. A licensee is entitled
to a hearing in accordance with the Illinois Administrative
Procedure Act prior to a revocation of his or her license.
(Source: P.A. 92-410, eff. 1-1-02.)
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(430 ILCS 117/50)
Sec. 50.
Injunctive relief.
If the Department
finds that any installer or manufacturer is operating without
a valid license, the Director of the Department may
request that the Attorney General file a complaint in circuit
court in the name of the People of the State of Illinois to
enjoin that installer or manufacturer from engaging in
unlicensed activities.
(Source: P.A. 92-410, eff. 1-1-02.)
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(430 ILCS 117/55)
Sec. 55.
Exemption.
Nothing in this Act shall be
construed to require a person who installs a new or used manufactured
home on his or her own property outside a mobile home park as
defined in the Mobile Home Park Act to acquire an installer's license.
However, said person may not hire anyone for the purpose of avoiding
the licensure requirement. Such individual also waives any
rights provided under this Act as a result of not using a licensed
installer.
(Source: P.A. 92-410, eff. 1-1-02.)
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(430 ILCS 117/60)
Sec. 60. Exclusive State power or function.
It is declared to be the public policy of this State,
pursuant to paragraph (h) of Section 6 of Article VII of the
Illinois Constitution of 1970, that any power or function set
forth in this Act to be exercised by the State is an exclusive
State power or function. Such power or function shall not
be exercised concurrently, either directly or indirectly, by
any unit of local government to which this Act applies, including
home rule units, except as otherwise provided in this Act.
The Department may adopt all rules necessary to implement this Act. Such rules shall provide for the Department to inspect manufactured home installations, require correction of violations, and perform other duties mandated by the United States Department of Housing and Urban Development pursuant to Section 3286.803 of Title 24 of the Code of Federal Regulations, 24 C.F.R. 3286.803. The Department may require and approve non-governmental inspectors or inspection agencies, provided the Department shall at all times exercise supervisory control over such inspectors or agencies to insure effective and uniform enforcement consistent with the rules adopted by the Department. (Source: P.A. 99-750, eff. 8-5-16.)
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(430 ILCS 117/65)
Sec. 65. Applicability. This Act does not apply to home
rule municipalities with a population in excess of 1,000,000 so long as exempt municipalities adopt rules to inspect manufactured home installations, require correction of violations, and perform other duties mandated by the United States Department of Housing and Urban Development pursuant to Section 3286.803 of Title 24 of the Code of Federal Regulations, 24 C.F.R. 3286.803. Exempt municipalities may require and approve non-governmental inspectors or inspection agencies, provided the exempt municipalities shall at all times exercise supervisory control over such inspectors or agencies to insure effective and uniform enforcement consistent with the rules adopted by the exempt municipalities.
(Source: P.A. 99-750, eff. 8-5-16.)
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(430 ILCS 117/99)
Sec. 99.
Effective date.
This Act takes effect on January 1, 2002.
(Source: P.A. 92-410, eff. 1-1-02.)
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