State of Illinois
92nd General Assembly
Legislation

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[ Engrossed ][ Senate Amendment 001 ]


92_SB0571

 
                                               LRB9203354DJpc

 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
 
                            -2-                LRB9203354DJpc
 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.
 
                            -3-                LRB9203354DJpc
 1        Section  25.  Installation of home; installer's  license;
 2    fees;  display  of license.  All manufactured homes installed
 3    after December 31, 2002 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
 
                            -4-                LRB9203354DJpc
 1    State, mobile home park owners, tenants of mobile home parks,
 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    tenants of mobile home parks.
 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 Department
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    January 1, 2002.
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.
 
                            -5-                LRB9203354DJpc
 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
 
                            -6-                LRB9203354DJpc
 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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