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| [ Introduced ] | [ Senate Amendment 001 ] |
92_SB0571eng SB571 Engrossed 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 SB571 Engrossed -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. SB571 Engrossed -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 SB571 Engrossed -4- LRB9203354DJpc 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 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. SB571 Engrossed -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 SB571 Engrossed -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.