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91_HB3928eng HB3928 Engrossed LRB9111631STsb 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 HB3928 Engrossed -2- LRB9111631STsb 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. HB3928 Engrossed -3- LRB9111631STsb 1 Section 25. Installer's license; fees; display of 2 license. No person may install a manufactured home in the 3 State of Illinois unless the Department has issued to that 4 person a license under this Section. The fee for the issuance 5 and renewal of an installer's license is $150 per year. In 6 addition, a fee of $25 must be paid by the licensed installer 7 responsible for the installation for each manufactured home 8 installed. A licensed installer must provide proof of 9 licensing at the installation site at all times during the 10 installation. The licensed installer responsible for the 11 installation must disclose the place of manufactured home 12 delivery and the name of the buyer to the Department. 13 Section 30. Installer supervision and training. No 14 person may participate in the on-site operation of a 15 manufactured home installation unless that person is under 16 the direct on-site supervision of a licensed installer. 17 Licensed installers must satisfactorily complete the Illinois 18 Manufactured Housing Association setup course or other 19 training approved by the Department. 20 Section 35. Deposit of funds. The Department must 21 deposit all funds received under this Act into the Facility 22 Licensing Fund. 23 Section 40. Oversight. 24 (a) This Act is to be administered by the Department. The 25 Department and other personnel as the Department considers 26 necessary must perform the following duties: 27 (1) Issue manufacturer's licenses and collect fees. 28 (2) Issue installer's licenses and collect fees. 29 (b) The Department must serve as a liaison between the 30 State, mobile home park owners, tenants of mobile home parks, 31 dealers, manufacturers, and installers. The Department must HB3928 Engrossed -4- LRB9111631STsb 1 receive and investigate complaints related to this Act for 2 the purpose of obtaining non-binding resolution of conflicts 3 between park owners, dealers, manufacturers, installers, and 4 tenants of mobile home parks. 5 (c) There is created the Manufactured Housing Quality 6 Assurance Board to consult and advise the Department. The 7 Board must comprise 10 members as follows: (i) The Director 8 of the Department, or his or her designee, to serve as 9 chairman; (ii) 3 residents of mobile home parks who have 10 lived in mobile homes for at least 5 years; (iii) the 11 president of a state association of mobile home owners or his 12 or her representative; (iv) one mobile home park owner who 13 has owned a mobile home park containing at least 20 sites for 14 at least 5 years; (v) one licensed dealer; (vi) one licensed 15 installer; (vii) one licensed manufacturer; and (viii) one 16 building official familiar with the installation of mobile 17 homes. 18 (d) Members of the Board are appointed by the Department 19 for 3 year terms, except that, of the initial members, the 20 terms of 3 members expire on December 31 of the year 21 following the effective date of this Act and the terms of 3 22 other members expire on December 31 of the second year 23 following the effective date of this Act. Members serve until 24 their successors are appointed. Any member appointed to fill 25 a vacancy occurring prior to the expiration of the term for 26 which his predecessor was appointed is appointed for the 27 remainder of that term. The initial appointments commence on 28 January 1 of the year following the effective date of this 29 Act. 30 (e) The Board must meet at least 3 times each year. 31 Additional meetings may be called by 3 members of the Board 32 upon delivery of a written notice to the Department. A 33 majority of the members of the Board constitute a quorum. 34 Each member of the Board must be compensated for travel HB3928 Engrossed -5- LRB9111631STsb 1 expenses incurred in the performance of duties as a member of 2 the Board in accordance with Section 12-2 of the State 3 Finance Act. 4 (f) The Department must refer violations of this Act to 5 the Attorney General for enforcement activity. 6 (g) The Department must promulgate rules to implement 7 this Act. 8 Section 45. Penalties. The Attorney General may revoke a 9 license issued under this Act for a period not to exceed 6 10 months. A licensee is entitled to a hearing in accordance 11 with the Illinois Administrative Procedure Act prior to a 12 revocation of license. The Attorney General may subject 13 violators of this Act to a fine of $500 per incident. 14 Section 99. Effective date. This Act takes effect one 15 year after becoming law.