State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 001 ]
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92_HB0681enr

 
HB0681 Enrolled                                LRB9205074DJmg

 1        AN ACT concerning factory built housing.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section  1.  Short  title.  This  Act may be cited as the
 5    Manufactured Home Quality Assurance Act.

 6        Section 5.  Purpose. The purpose of this Act is to ensure
 7    that  the  people  of  the  State  of  Illinois  who purchase
 8    manufactured homes receive  a  quality  product  and  quality
 9    installation.

10        Section 10.  Definitions. In this Act:
11        "Department"  means  the  Illinois  Department  of Public
12    Health.
13        "Licensed installer" means a person who has  successfully
14    completed a manufactured home installation course approved by
15    the Department and paid the required fees.
16        "Manufactured  home" is synonymous with "mobile home" and
17    means a structure that  is  a  factory-assembled,  completely
18    integrated  structure designed for permanent habitation, with
19    a  permanent chassis and  so  constructed  as  to  permit its
20    transport, on  wheels temporarily or permanently attached  to
21    its   frame,  from  the  place  of  its  construction  to the
22    location, or subsequent locations, at which it is placed on a
23    support  system  for  use  as  a  permanent  habitation,  and
24    designed  and situated so as to  permit  its  occupancy  as a
25    dwelling  place for  one or more persons; provided, that  any
26    such  structure resting  wholly  on  a  permanent foundation,
27    which is a continuous perimeter foundation of  material  such
28    as mortared concrete block, mortared brick, or concrete which
29    extends into the ground below the established frost depth and
30    to  which the home is secured with foundation bolts  at least
 
HB0681 Enrolled            -2-                 LRB9205074DJmg
 1    one-half  inch  in  diameter,  spaced at intervals of no more
 2    than 6 feet and within one foot of the corners, and  embedded
 3    at least 7 inches into concrete foundations or 15 inches into
 4    block foundations, shall not be construed as a mobile home or
 5    manufactured  home.  The  term  "manufactured  home" includes
 6    manufactured   homes   constructed  after  June  30,  1976 in
 7    accordance  with  the  federal  National Manufactured Housing
 8    Construction and Safety Standards Act of 1974  and  does  not
 9    include an immobilized mobile home as defined in Section 2.10
10    of the Mobile Home Park Act.
11        "Manufacturer"  means  a  manufacturer  of a manufactured
12    home, whether the manufacturer is located within  or  outside
13    of the State of Illinois.
14        "Mobile home" means a manufactured home.
15        "Mobile  home  park"  means  a tract of land or 2 or more
16    contiguous  tracts  of  land  which  contain  sites  with the
17    necessary  utilities  for 5 or more manufactured homes either
18    free of charge or for revenue purposes.

19        Section  15.  Enforcement   of   setup   standards.   The
20    Department   is   responsible  for enforcing  setup standards
21    mandated by the United States Department of Housing and Urban
22    Development as set forth in manufacturers' specifications. In
23    the  absence of manufacturer's specifications, the Department
24    must provide installation standards.

25        Section   20.  Manufacturer's    licenses;    fees.    No
26    manufacturer  may  sell  a  manufactured  home  that is to be
27    installed in the State of Illinois unless the Department  has
28    issued   to   that  person a license under this Section. Each
29    manufacturer's license  issued  or  renewed is   valid  until
30    December 31 of the year it was issued or renewed. The fee for
31    the  issuance and renewal of a manufacturer's license is $500
32    per year.
 
HB0681 Enrolled            -3-                 LRB9205074DJmg
 1        Section   25.  Installation of home; installer's license;
 2    fees; display of license.  All manufactured  homes  installed
 3    after  December  31, 2001 shall be installed under the onsite
 4    supervision of a licensed manufactured  home  installer.  The
 5    fee for the issuance and  renewal  of  an installer's license
 6    is  $150  per year. In addition, a fee of $25 must be paid by
 7    the licensed installer responsible for the  installation  for
 8    each   manufactured  home installed.   A  licensed  installer
 9    must  provide  proof of licensing at the installation site at
10    all times  during the installation.  The  licensed  installer
11    responsible  for the installation must disclose the  place of
12    manufactured home delivery and the name of the buyer  to  the
13    Department.

14        Section 30.  Installer training. Licensed installers must
15    satisfactorily  complete  the  Illinois Manufactured  Housing
16    Association setup course  or other training approved  by  the
17    Department.  An  installer  who  before  January  1, 2002 has
18    satisfactorily completed a setup  course  or  other  training
19    approved  by  the  Department is not required to complete any
20    other course or training to qualify for a license under  this
21    Act.

22        Section  35.  Deposit   of  funds.   The  Department must
23    deposit all funds received under this Act into  the  Facility
24    Licensing Fund.

25        Section 40.  Oversight.
26        (a)  This  Act  is  to be administered by the Department.
27    The  Department  and  other  personnel  as   the   Department
28    considers necessary must perform the following duties:
29             (1)  Issue manufacturer's licenses and collect fees.
30             (2)  Issue installer's licenses and collect fees.
31        (b)  The  Department  must serve as a liaison between the
 
HB0681 Enrolled            -4-                 LRB9205074DJmg
 1    State, mobile home park owners, purchasers of  mobile  homes,
 2    dealers,  manufacturers, and installers. The  Department must
 3    receive  and  investigate  complaints related to this Act for
 4    the purpose of obtaining non-binding resolution of  conflicts
 5    between  park owners, dealers, manufacturers, installers, and
 6    purchasers of mobile homes.
 7        (c)  There is created  the  Manufactured  Housing Quality
 8    Assurance  Board  to  consult  and advise the Department. The
 9    Board  must  comprise 9 members as follows: (i)  The Director
10    of  the  Department,  or  his  or  her  designee, to serve as
11    chairman; (ii) 3 residents of  mobile  home  parks  who  have
12    lived  in  mobile  homes  for  at  least  5  years; (iii) the
13    president of a state association of mobile home owners or his
14    or  her representative; (iv) one mobile home  park  owner who
15    has owned a mobile home park containing at least 20 sites for
16    at  least 5 years; (v) one licensed dealer; (vi) one licensed
17    installer;  and  (vii)  one  licensed   manufacturer.    Each
18    individual described in items (iv), (v), (vi), and (vii) must
19    be  an  active  member  of  either  the Illinois Manufactured
20    Housing Association or the Illinois Housing Institute.
21        (d)  Members of the Board are appointed by  the  Governor
22    for  3  year  terms, except that, of the initial members, the
23    terms of 3 members  expire  on  December   31   of  the  year
24    following  the  effective date of this Act and the terms of 3
25    other members expire on December  31  of   the   second  year
26    following the effective date of this Act. Members serve until
27    their  successors are appointed. Any member appointed to fill
28    a  vacancy occurring prior to the expiration of the  term for
29    which  his  predecessor  was  appointed  is appointed for the
30    remainder of that term. The initial appointments commence  on
31    the effective date of this Act.
32        (e)  The  Board  must  meet  at  least 3 times each year.
33    Additional  meetings  may be called  by  the   Department.  A
34    majority  of  the  members  of the Board constitute a quorum.
 
HB0681 Enrolled            -5-                 LRB9205074DJmg
 1    Each  member  of  the  Board  must be compensated  for travel
 2    expenses incurred in the performance of duties as a member of
 3    the Board in  accordance  with  Section  12-2  of  the  State
 4    Finance Act.
 5        (f)  The  Department  must  promulgate rules to implement
 6    this Act.

 7        Section 45.  Penalties.  The   Department  may  revoke  a
 8    license  issued  under this Act for a period not to  exceed 6
 9    months for a violation of this Act.  A licensee  is  entitled
10    to  a  hearing in accordance with the Illinois Administrative
11    Procedure Act prior to a revocation of his or her license.

12        Section 50.  Injunctive relief. If the  Department  finds
13    that  any  installer or manufacturer is  operating  without a
14    valid  license,  the  Director  of the Department may request
15    that the Attorney General file a complaint in  circuit  court
16    in  the name of the People of the State of Illinois to enjoin
17    that  installer  or manufacturer from engaging  in unlicensed
18    activities.

19        Section 55.  Exemption.  Nothing in  this  Act  shall  be
20    construed  to  require  a  person  who installs a new or used
21    manufactured home on his or her own property outside a mobile
22    home park as defined in the Mobile Home Park Act  to  acquire
23    an  installer's  license.  However,  said person may not hire
24    anyone for the purpose of avoiding the licensure requirement.
25    Such individual also waives any rights  provided  under  this
26    Act as a result of not using a licensed installer.

27        Section  60.  Exclusive  State  power  or function. It is
28    declared to be the public policy of this State,  pursuant  to
29    paragraph  (h)  of  Section  6 of Article VII of the Illinois
30    Constitution of 1970, that any power or function set forth in
 
HB0681 Enrolled            -6-                 LRB9205074DJmg
 1    this  Act to be exercised by the State is an  exclusive State
 2    power  or  function.   Such  power  or  function shall not be
 3    exercised concurrently, either directly or indirectly, by any
 4    unit of local government to which this Act applies, including
 5    home rule  units, except as otherwise provided in this Act.

 6        Section 65.  Applicability.  This Act does not  apply  to
 7    home  rule  municipalities  with  a  population  in excess of
 8    1,000,000.

 9        Section 99.  Effective date.  This Act  takes  effect  on
10    January 1, 2002.

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