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Public Act 92-0410
HB0681 Enrolled LRB9205074DJmg
AN ACT concerning factory built housing.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Manufactured Home Quality Assurance Act.
Section 5. Purpose. The purpose of this Act is to ensure
that the people of the State of Illinois who purchase
manufactured homes receive a quality product and quality
installation.
Section 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" is synonymous with "mobile home" and
means a structure that is 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, from the place of its construction to the
location, or subsequent locations, at which it is placed on a
support system 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; provided, that any
such structure resting wholly on a permanent foundation,
which is a continuous perimeter foundation of material such
as mortared concrete block, mortared brick, or concrete which
extends into the ground below the established frost depth and
to which the home is secured with foundation bolts at least
one-half inch in diameter, spaced at intervals of no more
than 6 feet and within one foot of the corners, and embedded
at least 7 inches into concrete foundations or 15 inches into
block foundations, shall not be construed as a mobile home or
manufactured home. The term "manufactured home" includes
manufactured homes constructed after June 30, 1976 in
accordance with the federal National Manufactured Housing
Construction and Safety Standards Act of 1974 and does not
include an immobilized mobile home as defined in Section 2.10
of the Mobile Home Park Act.
"Manufacturer" means a manufacturer of a manufactured
home, whether the manufacturer is located within or outside
of the State of Illinois.
"Mobile home" means a manufactured home.
"Mobile home park" means a tract of land or 2 or more
contiguous tracts of land which contain sites with the
necessary utilities for 5 or more manufactured homes either
free of charge or for revenue purposes.
Section 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. In
the absence of manufacturer's specifications, the Department
must provide installation standards.
Section 20. Manufacturer's licenses; fees. No
manufacturer may sell a manufactured home that is to be
installed in the State of Illinois unless the Department has
issued to that person a license under this Section. Each
manufacturer's license issued or renewed is valid until
December 31 of the year it was issued or renewed. The fee for
the issuance and renewal of a manufacturer's license is $500
per year.
Section 25. Installation of home; installer's license;
fees; display of license. All manufactured homes installed
after December 31, 2001 shall be installed under the 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 $25 must be paid by
the licensed installer responsible for the installation for
each manufactured home installed. A licensed installer
must provide proof of licensing at the installation site at
all times during the installation. The licensed installer
responsible for the installation must disclose the place of
manufactured home delivery and the name of the buyer to the
Department.
Section 30. Installer training. Licensed installers must
satisfactorily complete the Illinois Manufactured Housing
Association setup course or other training approved by the
Department. An installer who before January 1, 2002 has
satisfactorily completed a setup course or other training
approved by the Department is not required to complete any
other course or training to qualify for a license under this
Act.
Section 35. Deposit of funds. The Department must
deposit all funds received under this Act into the Facility
Licensing Fund.
Section 40. Oversight.
(a) This Act is to be administered by the Department.
The Department and other personnel as the Department
considers necessary must perform the following duties:
(1) Issue manufacturer's licenses and collect fees.
(2) Issue installer's licenses and collect fees.
(b) The Department must serve as a liaison between the
State, mobile home park owners, purchasers of mobile homes,
dealers, manufacturers, and installers. The Department must
receive and investigate complaints related to this Act for
the purpose of obtaining non-binding resolution of conflicts
between park owners, dealers, manufacturers, installers, and
purchasers of mobile homes.
(c) There is created the Manufactured Housing Quality
Assurance Board to consult and advise the Department. The
Board must comprise 9 members as follows: (i) The Director
of the Department, or his or her designee, to serve as
chairman; (ii) 3 residents of mobile home parks who have
lived in mobile homes for at least 5 years; (iii) the
president of a state association of mobile home owners or his
or her representative; (iv) one mobile home park owner who
has owned a mobile home park containing at least 20 sites for
at least 5 years; (v) one licensed dealer; (vi) one licensed
installer; and (vii) one licensed manufacturer. Each
individual described in items (iv), (v), (vi), and (vii) must
be an active member of either the Illinois Manufactured
Housing Association or the Illinois Housing Institute.
(d) Members of the Board are appointed by the Governor
for 3 year terms, except that, of the initial members, the
terms of 3 members expire on December 31 of the year
following the effective date of this Act and the terms of 3
other members expire on December 31 of the second year
following the effective date of this Act. Members serve until
their successors are appointed. Any member appointed to fill
a vacancy occurring prior to the expiration of the term for
which his predecessor was appointed is appointed for the
remainder of that term. The initial appointments commence on
the effective date of this Act.
(e) The Board must meet at least 3 times each year.
Additional meetings may be called by the Department. A
majority of the members of the Board constitute a quorum.
Each member of the Board must be compensated for travel
expenses incurred in the performance of duties as a member of
the Board in accordance with Section 12-2 of the State
Finance Act.
(f) The Department must promulgate rules to implement
this Act.
Section 45. Penalties. The Department may revoke a
license issued under this Act for a period not to exceed 6
months for a violation of this Act. A licensee is entitled
to a hearing in accordance with the Illinois Administrative
Procedure Act prior to a revocation of his or her license.
Section 50. Injunctive relief. If the Department finds
that any installer or manufacturer is operating without a
valid license, the Director of the Department may request
that the Attorney General file a complaint in circuit court
in the name of the People of the State of Illinois to enjoin
that installer or manufacturer from engaging in unlicensed
activities.
Section 55. Exemption. Nothing in this Act shall be
construed to require a person who installs a new or used
manufactured home on his or her own property outside a mobile
home park as defined in the Mobile Home Park Act to acquire
an installer's license. However, said person may not hire
anyone for the purpose of avoiding the licensure requirement.
Such individual also waives any rights provided under this
Act as a result of not using a licensed installer.
Section 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.
Section 65. Applicability. This Act does not apply to
home rule municipalities with a population in excess of
1,000,000.
Section 99. Effective date. This Act takes effect on
January 1, 2002.
Passed in the General Assembly May 23, 2001.
Approved August 17, 2001.
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