| ||||
| Public Act 099-0750 | ||||
| ||||
| ||||
AN ACT concerning safety.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Manufactured Home Quality Assurance Act is | ||||
amended by changing Sections 10, 15, 25, 60, and 65 as follows:
| ||||
(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 means 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.)
| ||
(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. 92-410, eff. 1-1-02.)
| ||
(430 ILCS 117/25)
| ||
Sec. 25.
Installation of home; installer's license; fees; | ||
display of
license. All manufactured homes installed after | ||
December 31, 2001 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 $25 must 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 must provide proof of licensing at the
| ||
installation site at all times during the installation. The | ||
licensed
installer responsible for the installation shall must | ||
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. 92-410, eff. 1-1-02.)
| ||
(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. 92-410, eff. 1-1-02.)
| |||||||||||||||||||||||||||
(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. 92-410, eff. 1-1-02.)
| |||||||||||||||||||||||||||
Section 99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||
becoming law.
| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||