Public Act 098-0959
 
SB3176 EnrolledLRB098 20147 MGM 55463 b

    AN ACT concerning safety.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Manufactured Housing and Mobile
Home Safety Act is amended by changing Sections 1, 2, 3, 4, 5,
6, 7, 9, 10, and 11 and by adding Sections 16 and 17 as follows:
 
    (430 ILCS 115/1)  (from Ch. 67 1/2, par. 501)
    Sec. 1. This Act may be cited as the Illinois Modular
Dwelling Manufactured Housing and Mobile Structure Home Safety
Act.
(Source: P.A. 86-1475.)
 
    (430 ILCS 115/2)  (from Ch. 67 1/2, par. 502)
    Sec. 2. Unless clearly indicated otherwise by the context,
the following words and terms when used in this Act, for the
purpose of this Act, shall have the following meanings:
    (a) (Blank) "Manufactured home" means a factory-assembled,
completely integrated structure 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, and is a movable or portable unit that
is (i) 8 body feet or more in width, (ii) 40 body feet or more
in length, and (iii) 320 or more square feet, 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 installed and set up according to the
manufacturer's instructions and connected to utilities for
year-round occupancy for use as a permanent habitation, and
designed and situated so as to permit its occupancy as a
dwelling place for one or more persons. The term shall include
units 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 term excludes campers
and recreational vehicles. The terms "mobile home" and
"manufactured home" do not include modular homes or
manufactured housing units.
    (b) "Person" means any individual, group of individuals,
association, trust, partnership, limited liability company,
corporation, person doing business under an assumed name,
county, municipality, the State of Illinois, or any political
subdivision or department thereof, or any other entity a
person, partnership, corporation, or other legal entity.
    (c) "Manufacturer" means any person who manufactures
mobile structures homes or modular dwellings manufactured
housing at the place or places, either on or away from the
building site, at which machinery, equipment, and other capital
goods are assembled and operated for the purpose of making,
fabricating, forming, or assembling mobile structures homes or
modular dwellings manufactured housing.
    (d) "Department" means the Department of Public Health.
    (e) "Director" means the Director of the Department of
Public Health.
    (f) (Blank). "Dealer" means any person, other than a
manufacturer, as defined in this Act, who sells 3 or more
mobile homes or manufactured housing units in any consecutive
12-month period.
    (g) "Codes" means the safety codes for modular dwellings
manufactured housing and mobile structures adopted homes
promulgated by the Department and is synonymous with "rules".
The Codes shall contain the standards and requirements for
modular dwellings manufactured housing and mobile structures
homes so that adequate performance for the intended use is made
the test of acceptability. The Code of Standards shall permit
the use of new and used technology, techniques, methods and
materials, for both modular dwellings manufactured housing and
mobile structures homes, consistent with recognized and
accepted codes and standards developed by the International
Code Council (ICC) or by the organizations that formed the ICC
in 1994: Building Officials and Code Administrators, the
International Conference of Building Officials, the Southern
Building Codes Congress International, the National Fire
Protection Association, the International Association of
Plumbing and Mechanical Officials, the American National
Standards Institute, and the Illinois State Plumbing Code, and
the United States Department of Housing and Urban Development,
hereinafter referred to as "HUD", applying to manufactured
housing and mobile homes installed and set up according to the
manufacturer's instructions. A copy of said safety codes,
including said revisions thereof is on file with the
Department.
    (h) "Seal" means a device or insignia issued by the
Department to be displayed on the exterior of the mobile
structure home or the interior of a modular dwelling
manufactured housing unit or modular home to evidence
compliance with the applicable safety code.
    (i) "Modular dwelling" home" means a building assembly or
system of building sub-assemblies, designed for habitation as a
dwelling for one or more persons, including the necessary
electrical, plumbing, heating, ventilating and other service
systems, which is of closed or open construction and which is
made or assembled by a manufacturer, on or off the building
site, for installation, or assembly and installation, on the
building site, installed and set up according to the
manufacturer's instructions on an approved foundation and
support system. The construction of modular dwelling units
located in Illinois is regulated by the Illinois Department of
Public Health.
    (j) "Closed construction" is any building, component,
assembly or system manufactured in such a manner that all
portions cannot readily be inspected at the installation site
without disassembly, damage to, or destruction thereof.
    (k) (Blank). "Open construction" is any building,
component, assembly or system manufactured in such a manner
that all portions can be readily inspected at the installation
site without disassembly, damage to, or destruction thereof.
    (l) "Approved foundation and support system" means, for a
modular home or modular dwelling unit, a closed perimeter
formation consisting of materials such as concrete, mortared
concrete block, or mortared brick, steel, or treated lumber
extending into the ground below the frost line which shall
include, but not necessarily be limited to, cellars, basements,
or crawl spaces, and does include the use of piers supporting
the marriage wall of the home that extend below the frost line.
    (m) "Code compliance certificate" means the certificate
provided by the manufacturer to the Department that warrants
that the modular dwelling manufactured housing unit or mobile
structure home complies with the applicable code.
    (n) "Mobile structure" means a movable or portable unit,
which, when assembled, is 8 feet or more in width and is 32
body feet in length, constructed to be towed on its own chassis
(comprised of frame and wheels), and designed for occupancy
with or without a permanent foundation. "Mobile structure"
includes units designed to be used for multi-family
residential, commercial, educational, or industrial purposes,
excluding, however, recreational vehicles and single family
residences. "Manufactured housing", "manufactured housing
unit", "modular dwelling", and "modular home" shall not be
confused with "manufactured home" or "mobile home".
(Source: P.A. 96-1477, eff. 1-1-11.)
 
    (430 ILCS 115/3)  (from Ch. 67 1/2, par. 503)
    Sec. 3. (a) It is unlawful for any person to manufacture,
rent, sell, or offer for sale for location within this State
any mobile home manufactured after July 1, 1974, or any
manufactured housing unit manufactured after July 1, 1976, any
modular dwelling or mobile structure after the effective date
of this amendatory Act of the 98th General Assembly, unless
such modular dwelling or mobile structure mobile home or
manufactured housing unit complies with this Act and all rules
adopted by the Department under this Act the applicable safety
code and any revision thereof that may be adopted hereafter, by
the Department as hereinafter provided.
    (b) No person shall manufacture for shipment into this
State any mobile home after July 1, 1974, or any manufactured
housing unit after July 1, 1976, which does not comply with the
applicable safety code.
(Source: P.A. 79-731.)
 
    (430 ILCS 115/4)  (from Ch. 67 1/2, par. 504)
    Sec. 4.
    (a) No person may rent, sell, or offer for sale to anyone
within this State any modular dwelling or mobile structure
after the effective date of this amendatory Act of the 98th
General Assembly, mobile home manufactured after July 1, 1974,
or any manufactured housing unit manufactured after July 1,
1976, unless it bears a seal issued by the Department and a
certification by the manufacturer or dealer, that the mobile
structure or modular dwelling mobile home or manufactured
housing unit complies with the applicable safety code.
    (b) Nothing in this Act prohibits a city, town, village,
township, or county from adopting construction standards for
mobile structures or modular dwellings under local ordinances,
provided such ordinances incorporate the rules adopted under
this Act and are approved by the Department. This Section is a
limitation under subsection (i) of Section 6 of Article VII of
the Illinois Constitution on the concurrent exercise by home
rule units of powers and functions exercised by the State. The
provisions of this Act shall not apply to any municipality
which has adopted a mobile home or manufactured housing safety
code, the provisions of which are equal to the codes
promulgated by the Department. Any such code must be filed with
the Department within 10 days after its adoption. Any unit of
local government municipality is authorized to adopt by
reference the safety codes as promulgated by the Department
without setting forth the provisions in full, provided that at
least (3) copies of such codes which are incorporated or
adopted by reference are filed in the office of the municipal
clerk at least (15) days prior to the adoption of the ordinance
which incorporates such codes by reference and there kept
available for public use, inspection and examination.
(Source: P.A. 79-731.)
 
    (430 ILCS 115/5)  (from Ch. 67 1/2, par. 505)
    Sec. 5. The Department shall issue seals to any
manufacturer or dealer upon application supported by affidavit
or such other evidence which the Department shall deem
necessary to satisfy itself that the seals shall be affixed
only to mobile structures homes or modular dwelling
manufactured housing units which comply with the applicable
safety code.
(Source: P.A. 79-731.)
 
    (430 ILCS 115/6)  (from Ch. 67 1/2, par. 506)
    Sec. 6. Alteration of mobile structures or modular dwelling
units to which seals have been affixed.
    (a) A unit of local government may regulate the location of
the modular dwellings and mobile structures and their
foundation, and the installation of the on-site utilities.
    (b) It is unlawful for any person to make any alteration of
any mobile structure home or modular dwelling manufactured
housing unit to which a seal has been affixed if such
alteration causes the mobile structure home or modular dwelling
manufactured housing unit to be in violation of the applicable
safety code.
(Source: P.A. 79-731.)
 
    (430 ILCS 115/7)  (from Ch. 67 1/2, par. 507)
    Sec. 7. If any other State has a safety code for mobile
structures homes or modular dwellings manufactured housing at
least equal to the codes promulgated by the Department and the
Department determines that such safety standards are being
enforced by such other state, the Department shall place such
other state upon a reciprocity list, which list shall be
available to any interested person. Any mobile structures home
or modular dwelling manufactured housing unit which bears the
seal of any state which has been placed on the reciprocity
list, or which bears a seal approved by such state as
sufficient evidence of compliance, shall not be required to
affix the seal of this state prescribed by Section 4 of this
Act.
(Source: P.A. 79-731.)
 
    (430 ILCS 115/9)  (from Ch. 67 1/2, par. 509)
    Sec. 9.
    (a) The Department is hereby charged with the
administration and enforcement of this Act. The Department is
authorized to: (1) promulgate such reasonable regulations as
may be necessary to administer and enforce this Act, and (2)
adopt any revisions of the Code as may be necessary to protect
the health and safety of the public against dangers inherent in
the use of substandard construction and unsafe plumbing,
electrical and heating systems.
    The Department may impose an administrative penalty
against any person who violates this Act or any rule adopted
under this Act, or who violates any determination or order of
the Department under this Act. The Department shall establish
violations and penalties by rule, with each day's violation
constituting a separate offense. The maximum penalty shall be
$1,000 per day per violation.
    The Attorney General may bring an action in the circuit
court to enforce the collection of an administrative penalty
imposed under this subsection (a).
    All penalties collected under this subsection (a) shall be
deposited into the Facility Licensing Fund. Subject to
appropriation, moneys in the Fund shall be used for the
enforcement of this Act.
    (b) (Blank). At least 30 days before the adoption or
promulgation of any regulations or any revisions of the Code,
pursuant to the authority vested in the Department by the
preceding Subsection (a) of this Section, the Department shall
mail to all state dealers and manufacturers of mobile homes a
notice which shall contain:
    (1) A copy of the proposed regulations or revisions
thereon, if any;
    (2) A copy of the proposed revision of the Code, if any;
and
    (3) The time and place that the Department will consider
any objections, comments or suggestions pertaining to the
proposed action described in the notice.
    (c) (Blank). After giving the notice required by Subsection
(b) of this Section, the Department shall provide a hearing for
interested persons to express their views on the proposed
action, either orally or in writing as may be prescribed by the
Department and specified in the notice.
    (d) The Department is authorized to perform necessary
inspection of manufacturing facilities and products to
implement the provisions of this Act. The If the Department may
require and approve appoints 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 of the codes Code
consistent with rules, regulations and interpretations
promulgated by the Department.
    (e) The issuance of seals may be suspended or revoked from
as to any manufacturer who is convicted under Section 10 of
this Act of manufacturing products that do not conform to the
codes or rules adopted under this Act. Issuance Code and
issuance of seals shall not be resumed until such manufacturer
submits proof satisfactory to the Department that the
conditions which caused the violation of the codes Code have
been remedied. Seals may be repossessed if a manufacturer is
found by the Department to have affixed a seal in violation of
the codes or rules adopted Code.
    (f) No person may interfere with, obstruct or hinder an
authorized representative of the Department in the performance
of its duties under this Act.
(Source: P.A. 78-929.)
 
    (430 ILCS 115/10)  (from Ch. 67 1/2, par. 510)
    Sec. 10. (a) The seal shall remain the property of the
Department, and may not be placed upon a mobile structure home
or modular dwelling manufactured housing unit which is in
violation of this Act the applicable safety code. Compliance
with this Act the safety code is the responsibility of the a
manufacturer and neither the State nor the Department, shall be
civilly or criminally liable for the issuance of any seal which
is thereafter placed upon a nonconforming mobile structure home
or modular dwelling manufactured housing unit.
    (b) Any person who violates this Act, in regards to
violations relating to modular dwellings or mobile structures,
shall, upon conviction by a court, be guilty of a Class B
misdemeanor. Each day of violation constitutes a separate
offense. The State's Attorney of the county in which the
violation occurred or the Attorney General shall bring such
action in the name of the People of the State of Illinois. The
Court may enjoin the rent, sale, offer for sale, or manufacture
of mobile structures homes or modular dwelling manufactured
housing manufactured in violation of this Act or of the
applicable safety code promulgated thereunder until it has been
corrected to comply with this Act or the minimum standards
contained in the applicable codes safety code.
(Source: P.A. 79-731.)
 
    (430 ILCS 115/11)  (from Ch. 67 1/2, par. 511)
    Sec. 11. The Director, after notice and opportunity for
hearing to an applicant or seal holder, may deny, suspend, or
revoke a seal, or assess civil penalties in conformance with
this Act, in any case in which he or she finds that there has
been a substantial failure to comply with the provisions of
this Act or the standards, rules, and regulations under this
Act.
    Notice shall be provided by certified mail or by personal
service setting forth the particular reasons for the proposed
action and fixing a date, not less than 15 days from the date
of the mailing or service, within which time the applicant or
seal holder must request in writing a hearing. Failure to serve
upon the Department a request for hearing in writing within the
time provided in the notice shall constitute a waiver of the
person's right to an administrative hearing.
    The hearing shall be conducted by the Director or by an
individual designated in writing by the Director as a hearing
officer to conduct the hearing. The Director or hearing officer
shall give written notice of the time and place of the hearing,
by certified mail or personal service, to the applicant or seal
holder, at least 10 days prior to the hearing. On the basis of
the hearing, or upon default of the applicant or seal holder,
the Director shall make a determination specifying his or her
findings and conclusions. A copy of the determination shall be
sent by certified mail or served personally upon the seal
holder. The decision of the Director shall be final on issues
of fact, and final in all respects unless judicial review is
sought as provided in this Act.
    The procedure governing hearings authorized by this
Section shall be in accordance with rules adopted by the
Department. A full and complete record shall be kept of all
proceedings, including the notice of hearing, complaint, and
all other documents in the nature of pleadings, written motions
filed in the proceedings, and the report and orders of the
Director and hearing officer.
    The Department, at its expense, shall provide a court
reporter to take testimony. Technical error in the proceedings
before the Department or hearing officer or their failure to
observe the technical rules of evidence shall not be grounds
for the reversal of any administrative decision unless it
appears to the Court that the error or failure materially
affects the rights of any party and results in substantial
injustice to any party.
    The Department or hearing officer, or any parties in an
investigation or hearing before the Department, may compel the
attendance of witnesses and the production of books, papers,
records, or memoranda.
    The Department shall not be required to certify any record
to the Court or file any answer in Court or otherwise appear in
any Court in a judicial review proceeding, unless there is
filed in the Court with the complaint, a receipt from the
Department acknowledging payment of the costs of furnishing and
certifying the record. The cost shall be paid by the party
requesting a copy of the record. Failure on the part of the
person requesting a copy of the record to pay the cost shall be
grounds for dismissal of the action.
The Department, at its expense, shall provide a stenographer to
take down the testimony and preserve a record of all
proceedings at the hearing of any case involving refusal to
issue or renew, or the suspension or revocation of a seal. The
notice of hearing, complaint and all other documents in the
nature of pleadings and written motions filed in the
proceedings, the transcript of testimony, the report and orders
of the Department shall be the record of such proceedings. The
Department shall furnish a transcript of such record to any
person or persons interested in such hearing upon payment
therefor of 75 cents per page for each original transcript and
25 cents per page for each carbon copy thereof ordered with the
original; provided, that the charge for any part of such
transcript ordered and paid for previous to the writing of the
original record thereof shall be 25 cents per page.
    In any case involving the refusal to issue or renew or the
suspension or revocation of a seal, a copy of the Department's
report shall be served upon the respondent, either personally
or by registered or certified mail as provided in this Act, for
the service of the notice of hearing. Within 20 days after such
service, the respondent may present to the Department a motion
in writing for a rehearing, which written motion shall specify
the particular grounds therefor. If no motion for rehearing is
filed, then upon the expiration of the time specified for
filing such a motion, or if a motion for rehearing is denied,
then upon such denial, the Director may enter an order in
accordance with recommendations of the report. If the
respondent orders and pays for a transcript of the record
within the time for filing a motion for rehearing, the 20 day
period within which such a motion may be filed shall commence
upon the delivery of the transcript to the respondent.
    Any circuit court may upon application of the Director of
or the applicant or licensee against whom proceedings under
this section of this Act are pending, enter an order requiring
the attendance of witnesses and their testimony, and the
production of documents, papers, files, books and records in
connection with any hearing in any proceedings for contempt.
(Source: P.A. 78-929.)
 
    (430 ILCS 115/16 new)
    Sec. 16. Illinois Administrative Procedure Act. The
provisions of the Illinois Administrative Procedure Act are
hereby expressly adopted and shall apply to all administrative
rules and procedures of the Department of Public Health under
this Act. The Department of Public Health is authorized to use
peremptory rulemaking under Section 5-50 of the Illinois
Administrative Procedure Act. The Department will make any rule
adopted hereunder available electronically to the public and
shall not be required to furnish copies in any other format.
 
    (430 ILCS 115/17 new)
    Sec. 17. Facility Licensing Fund. All fees and penalties
collected under this Act shall be deposited into the Facility
Licensing Fund. Subject to appropriation, all money deposited
into the Facility Licensing Fund under this Act shall be
available to the Department for administration of this Act.
 
    (430 ILCS 115/15 rep.)
    Section 10. The Illinois Manufactured Housing and Mobile
Home Safety Act is amended by repealing Section 15.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.