Bill Text: MN SF225 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Manufactured homes retailer, alternative design plan, reinstallation, notice, enforcement, and fee modifications
Spectrum: Slight Partisan Bill (Republican 5-3)
Status: (Engrossed - Dead) 2011-05-12 - Senate file first reading, referred to Ways and Means [SF225 Detail]
Download: Minnesota-2011-SF225-Engrossed.html
1.2relating to manufactured homes; providing for inspections; modifying alternative
1.3design plans and reinstallation requirements;amending Minnesota Statutes 2010,
1.4sections 327.32, subdivisions 1a, 1b, 1e, 1f, 7; 327.33, subdivision 2.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 327.32, subdivision 1a, is amended to read:
1.7 Subd. 1a. Requirement; used manufactured homes. No person shall sell or
1.8offer for sale in this state any used manufactured home manufactured after June 14,
1.91976, or install for occupancy any used manufactured home manufactured after June
1.1014, 1976, unless the used manufactured home complies with the Notice of Compliance
1.11Form as provided in this subdivision. If manufactured after June 14, 1976, the home
1.12must bear a label as required by the secretary. The Notice of Compliance Form shall be
1.13signed by the seller and purchaser indicating which party is responsible for either making
1.14or paying for any necessary corrections prior to the sale and transferring ownership of
1.15the manufactured home.
1.16The Notice of Compliance Form shall be substantially in the following form:
1.19This notice must be completed and signed by the purchaser(s) and the seller(s) of the
1.20used manufactured home described in the purchase agreement and on the bottom of this
1.21notice before the parties transfer ownership of a used manufactured home constructed
1.22after June 14, 1976.
2.1Electric ranges and clothes dryers must have required four-conductor cords and plugs. For
2.2the purpose of complying with the requirements of section 327B.06, a licensed retailer or
2.3limited retailer shall retain at least one copy of the form required under this subdivision.
2.6Solid fuel-burning fireplaces or stoves must be listed for use in manufactured homes, Code
2.7of Federal Regulations, title 24, section 3280.709 (g), and installed correctly in accordance
2.8with their listing or standards (i.e., chimney, doors, hearth, combustion, or intake, etc.,
2.9Code of Federal Regulations, title 24, section 3280.709 (g)).
2.12Gas water heaters and furnaces must be listed for manufactured home use, Code of Federal
2.13Regulations, title 24, section 3280.709 (a) and (d)(1) and (2), and installed correctly, in
2.14accordance with their listing or standards.
2.17Smoke alarms are required to be installed and operational in accordance with Code of
2.18Federal Regulations, title 24, section 3280.208.
2.21Carbon monoxide alarms or CO detectors that are approved and operational are required
2.22to be installed within ten feet of each room lawfully used for sleeping purposes.
2.25Egress windows are required in every bedroom with at least one operable window with
2.26a net clear opening of 20 inches wide and 24 inches high, five square feet in area, with
2.27the bottom of windows opening no more than 36 inches above the floor. Locks, latches,
2.28operating handles, tabs, or other operational devices shall not be located more than 54
2.29inches above the finished floor.
2.32The furnace compartment of the home is required to have interior finish with a flame
2.33spread rating not exceeding 25feet, as specified in the 1976 United States Department of
2.34Housing and Urban Development Code governing manufactured housing construction.
3.3The water heater enclosure in this home is required to have interior finish with a flame
3.4spread rating not exceeding 25feet, as specified in the 1976 United States Department of
3.5Housing and Urban Development Code governing manufactured housing construction.
3.8The home complies with the snowload and heat zone requirements for the state of
3.9Minnesota as indicated by the data plate.
3.12The parties to this agreement have initialed all required sections and agree by their
3.13signature to complete any necessary corrections prior to the sale or transfer of ownership
3.14of the home described below as listed in the purchase agreement. The state of Minnesota
3.15or a local building official has the authority to inspect the home in the manner described in
3.16Minnesota Statutes, section327.33 , prior to or after the sale to ensure compliance was
3.17properly executed as provided under the Manufactured Home Building Code.
3.33EFFECTIVE DATE.This section is effective the day following final enactment.
3.34 Sec. 2. Minnesota Statutes 2010, section 327.32, subdivision 1b, is amended to read:
3.35 Subd. 1b. Alternative design plan. An alternative frost-free design slab for a new
3.36or used manufactured home that is submitted to the local building official, third-party
4.1inspector, or the department, stamped by a licensed professional engineer or architect, and
4.2is as being in compliance with either the federal installation standards in effect at the date
4.3of manufacture, the manufacturer's installation manual, or the Minnesota State Building
4.4Code, when applicable, shall be issued a permitby the department within ten days of
4.5being received by the approving authority.
4.6EFFECTIVE DATE.This section is effective the day following final enactment.
4.7 Sec. 3. Minnesota Statutes 2010, section 327.32, subdivision 1e, is amended to read:
4.8 Subd. 1e. Reinstallation requirements forsingle-section used manufactured
4.9homes. (a) Allsingle-section used manufactured homes reinstalled less than 24 months
4.10from the date of installation by the first purchaser must be reinstalled in compliance with
4.11subdivision 1c. Allsingle-section used manufactured homes reinstalled more than 24
4.12months from the date of installation by the first purchaser may be reinstalled without
4.13a frost-protected foundation if the home is reinstalled in compliance with Minnesota
4.14Rules, chapter 1350, for above frost-line installations and the notice requirement of
4.15subdivision 1f is complied with by the seller and the purchaser of thesingle-section used
4.16manufactured home.
4.17(b) The installer shall affix an installation seal issued by the department to the
4.18outside of the home as required by the Minnesota State Building Code. The certificate
4.19of installation issued by the installer of record shall clearly state that the home has been
4.20reinstalled with an above frost-line foundation. Fees for inspection of a reinstallation and
4.21for issuance of reinstallation seals shall follow the requirements of sections326B.802
4.22to
326B.885 . Fees for review of plans, specifications, and on-site inspections shall be
4.23those as specified in section326B.153, subdivision 1 , paragraph (c). Whenever an
4.24installation certificate for an above frost-line installation is issued to asingle-section used
4.25manufactured home being listed for sale, the purchase agreement must disclose that the
4.26home is installed on a nonfrost-protected foundation and recommend that the purchaser
4.27have the home inspected to determine the effects of frost on the home.
4.28EFFECTIVE DATE.This section is effective the day following final enactment.
4.29 Sec. 4. Minnesota Statutes 2010, section 327.32, subdivision 1f, is amended to read:
4.30 Subd. 1f. Notice requirement. The seller of thesingle-section used manufactured
4.31home being reinstalled under subdivision 1e shall provide the following notice to the
4.32purchaser and secure signatures of all parties to the purchase agreement on or before
4.33signing a purchase agreement prior to submitting an application for an installation
5.1certificate. Whenever a current owner of a manufactured home reinstalls the manufactured
5.2home under subdivision 1e, the current owner is not required to comply with the notice
5.3requirement under this subdivision. The notice shall be in at least 14-point font, except the
5.4heading, "WHICH MAY VOID WARRANTY," must be in capital letters, in 20-point font.
5.5The notice must be printed on a separate sheet of paper in a color different than the paper
5.6on which the purchase agreement is printed. The notice becomes a part of the purchase
5.7agreement and shall be substantially in the following form:
5.10It is recommended that thesingle-section used manufactured home being reinstalled
5.11follow the instructions in the manufacturer's installation manual. By signing this notice,
5.12the purchaser(s) are acknowledging they have elected to use footings placed above the
5.13local frost line in accordance with the Minnesota State Building Code.
5.14The seller has explained the differences between the manufacturer's installation
5.15instructions and the installation system selected by the purchaser(s) with respect to
5.16possible effects of frost on the manufactured home.
5.17The purchaser(s) acknowledge by signing this notice that there is no manufacturer's
5.18original warranty remaining on the home and recognize that any other extended or ancillary
5.19warranty could be adversely affected if any applicable warranty stipulates that the home
5.20be installed in accordance with the manufacturer's installation manual to remain effective.
5.21After the reinstallation of the manufactured home, it is highly recommended that the
5.22purchaser(s) have a licensed manufactured home installer recheck the home's installation
5.23for any releveling needs or anchoring system adjustments each freeze-thaw cycle.
5.24The purchaser(s) of the used manufactured home described below that is being reinstalled
5.25acknowledge they have read this notice and have been advised to contact the manufacturer
5.26of the home and/or the Department of Labor and Industry if they desire additional
5.27information before signing this notice. It is the intent of this notice to inform the
5.28purchaser(s) that the purchaser(s) elected not to use a frost-protected foundation system
5.29for the reinstallation of the manufactured home as originally required by the home's
5.30installation manual.
5.31Plain language notice.
5.32I understand that because this home will be installed with footings placed above the
5.33local frost line, this home may be subject to adverse effects from frost heave that may
5.34damage this home. Purchaser(s) initials: .......
6.1I understand that the installation of this home with footings placed above the local
6.2frost line could affect my ability to obtain a mortgage or mortgage insurance on this
6.3home. Purchaser(s) initials: .......
6.4I understand that the installation of this home with footings placed above the local
6.5frost line could void my warranty on the home if any warranty is still in place on this
6.6home. Purchaser(s) initials: .......
6.18Name of licensed installer and license number or homeowner responsible for the
6.19installation of the home as described above.
6.22EFFECTIVE DATE.This section is effective the day following final enactment.
6.23 Sec. 5. Minnesota Statutes 2010, section 327.32, subdivision 7, is amended to read:
6.24 Subd. 7. Enforcement. All jurisdictions enforcing the State Building Code, in
6.25accordance with sections326B.101 to
326B.151 , shall undertake or provide for the
6.26administration and enforcement of the manufactured home installation rules promulgated
6.27by the commissioner. Municipalities which have adopted the State Building Code may
6.28provide installation inspection and plan review services in noncode areas of the state.
6.29EFFECTIVE DATE.This section is effective the day following final enactment.
6.30 Sec. 6. Minnesota Statutes 2010, section 327.33, subdivision 2, is amended to read:
6.31 Subd. 2. Fees. The commissioner shall by rule establish reasonable fees for seals,
6.32installation seals and inspections which are sufficient to cover all costs incurred in the
6.33administration of sections327.31 to
327.35 . The commissioner shall also establish by
6.34rule a monitoring inspection fee in an amount that will comply with the secretary's fee
7.1distribution program. This monitoring inspection fee shall be an amount paid by the
7.2manufacturer for each manufactured home produced in Minnesota. The monitoring
7.3inspection fee shall be paid by the manufacturer to the secretary. The rules of the
7.4fee distribution program require the secretary to distribute the fees collected from all
7.5manufactured home manufacturers among states approved and conditionally approved
7.6based on the number of new manufactured homes whose first location after leaving the
7.7manufacturer is on the premises of a distributor, dealer or purchaser in that state. Fees
7.8for inspections in areas that have not adopted the State Building Code must be equal to
7.9the fees for inspections in code areas of the state. Third-party vendors may charge their
7.10usual and normal charge for inspections.
7.11EFFECTIVE DATE.This section is effective the day following final enactment.
1.3design plans and reinstallation requirements;amending Minnesota Statutes 2010,
1.4sections 327.32, subdivisions 1a, 1b, 1e, 1f, 7; 327.33, subdivision 2.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 327.32, subdivision 1a, is amended to read:
1.7 Subd. 1a. Requirement; used manufactured homes. No person shall sell or
1.8offer for sale in this state any used manufactured home manufactured after June 14,
1.91976, or install for occupancy any used manufactured home manufactured after June
1.1014, 1976, unless the used manufactured home complies with the Notice of Compliance
1.11Form as provided in this subdivision. If manufactured after June 14, 1976, the home
1.12must bear a label as required by the secretary. The Notice of Compliance Form shall be
1.13signed by the seller and purchaser indicating which party is responsible for either making
1.14or paying for any necessary corrections prior to the sale and transferring ownership of
1.15the manufactured home.
1.16The Notice of Compliance Form shall be substantially in the following form:
1.19This notice must be completed and signed by the purchaser(s) and the seller(s) of the
1.20used manufactured home described in the purchase agreement and on the bottom of this
1.21notice before the parties transfer ownership of a used manufactured home constructed
1.22after June 14, 1976.
2.1Electric ranges and clothes dryers must have required four-conductor cords and plugs. For
2.2the purpose of complying with the requirements of section 327B.06, a licensed retailer or
2.3limited retailer shall retain at least one copy of the form required under this subdivision.
| 2.4 |
Complies .......... |
Correction required .......... |
| 2.5 |
Initialed by Responsible Party: Buyer .......... |
Seller .......... |
2.7of Federal Regulations, title 24, section 3280.709 (g), and installed correctly in accordance
2.8with their listing or standards (i.e., chimney, doors, hearth, combustion, or intake, etc.,
2.9Code of Federal Regulations, title 24, section 3280.709 (g)).
| 2.10 |
Complies .......... |
Correction required .......... |
| 2.11 |
Initialed by Responsible Party: Buyer .......... |
Seller .......... |
2.13Regulations, title 24, section 3280.709 (a) and (d)(1) and (2), and installed correctly, in
2.14accordance with their listing or standards.
| 2.15 |
Complies .......... |
Correction required .......... |
| 2.16 |
Initialed by Responsible Party: Buyer .......... |
Seller .......... |
2.18Federal Regulations, title 24, section 3280.208.
| 2.19 |
Complies .......... |
Correction required .......... |
| 2.20 |
Initialed by Responsible Party: Buyer .......... |
Seller .......... |
2.22to be installed within ten feet of each room lawfully used for sleeping purposes.
| 2.23 |
Complies .......... |
Correction required .......... |
| 2.24 |
Initialed by Responsible Party: Buyer .......... |
Seller .......... |
2.26a net clear opening of 20 inches wide and 24 inches high, five square feet in area, with
2.27the bottom of windows opening no more than 36 inches above the floor. Locks, latches,
2.28operating handles, tabs, or other operational devices shall not be located more than 54
2.29inches above the finished floor.
| 2.30 |
Complies .......... |
Correction required .......... |
| 2.31 |
Initialed by Responsible Party: Buyer .......... |
Seller .......... |
2.33spread rating not exceeding 25
2.34Housing and Urban Development Code governing manufactured housing construction.
| 3.1 |
Complies .......... |
Correction required .......... |
| 3.2 |
Initialed by Responsible Party: Buyer .......... |
Seller .......... |
3.4spread rating not exceeding 25
3.5Housing and Urban Development Code governing manufactured housing construction.
| 3.6 |
Complies .......... |
Correction required .......... |
| 3.7 |
Initialed by Responsible Party: Buyer .......... |
Seller .......... |
3.9Minnesota as indicated by the data plate.
| 3.10 |
Complies .......... |
Correction required .......... |
| 3.11 |
Initialed by Responsible Party: Buyer .......... |
Seller .......... |
3.13signature to complete any necessary corrections prior to the sale or transfer of ownership
3.14of the home described below as listed in the purchase agreement. The state of Minnesota
3.15or a local building official has the authority to inspect the home in the manner described in
3.16Minnesota Statutes, section
3.17properly executed as provided under the Manufactured Home Building Code.
3.33EFFECTIVE DATE.This section is effective the day following final enactment.
3.34 Sec. 2. Minnesota Statutes 2010, section 327.32, subdivision 1b, is amended to read:
3.35 Subd. 1b. Alternative design plan. An alternative frost-free design slab for a new
3.36or used manufactured home that is submitted to the local building official, third-party
4.1inspector, or the department, stamped by a licensed professional engineer or architect
4.2
4.3of manufacture, the manufacturer's installation manual, or the Minnesota State Building
4.4Code, when applicable, shall be issued a permit
4.5being received by the approving authority.
4.6EFFECTIVE DATE.This section is effective the day following final enactment.
4.7 Sec. 3. Minnesota Statutes 2010, section 327.32, subdivision 1e, is amended to read:
4.8 Subd. 1e. Reinstallation requirements for
4.9homes. (a) All
4.10from the date of installation by the first purchaser must be reinstalled in compliance with
4.11subdivision 1c. All
4.12months from the date of installation by the first purchaser may be reinstalled without
4.13a frost-protected foundation if the home is reinstalled in compliance with Minnesota
4.14Rules, chapter 1350, for above frost-line installations and the notice requirement of
4.15subdivision 1f is complied with by the seller and the purchaser of the
4.16manufactured home.
4.17(b) The installer shall affix an installation seal issued by the department to the
4.18outside of the home as required by the Minnesota State Building Code. The certificate
4.19of installation issued by the installer of record shall clearly state that the home has been
4.20reinstalled with an above frost-line foundation. Fees for inspection of a reinstallation and
4.21for issuance of reinstallation seals shall follow the requirements of sections
4.23those as specified in section
4.24installation certificate for an above frost-line installation is issued to a
4.25manufactured home being listed for sale, the purchase agreement must disclose that the
4.26home is installed on a nonfrost-protected foundation and recommend that the purchaser
4.27have the home inspected to determine the effects of frost on the home.
4.28EFFECTIVE DATE.This section is effective the day following final enactment.
4.29 Sec. 4. Minnesota Statutes 2010, section 327.32, subdivision 1f, is amended to read:
4.30 Subd. 1f. Notice requirement. The seller of the
4.31home being reinstalled under subdivision 1e shall provide the following notice to the
4.32purchaser and secure signatures of all parties to the purchase agreement on or before
4.33signing a purchase agreement prior to submitting an application for an installation
5.1certificate. Whenever a current owner of a manufactured home reinstalls the manufactured
5.2home under subdivision 1e, the current owner is not required to comply with the notice
5.3requirement under this subdivision. The notice shall be in at least 14-point font, except the
5.4heading, "WHICH MAY VOID WARRANTY," must be in capital letters, in 20-point font.
5.5The notice must be printed on a separate sheet of paper in a color different than the paper
5.6on which the purchase agreement is printed. The notice becomes a part of the purchase
5.7agreement and shall be substantially in the following form:
5.10It is recommended that the
5.11follow the instructions in the manufacturer's installation manual. By signing this notice,
5.12the purchaser(s) are acknowledging they have elected to use footings placed above the
5.13local frost line in accordance with the Minnesota State Building Code.
5.14The seller has explained the differences between the manufacturer's installation
5.15instructions and the installation system selected by the purchaser(s) with respect to
5.16possible effects of frost on the manufactured home.
5.17The purchaser(s) acknowledge by signing this notice that there is no manufacturer's
5.18original warranty remaining on the home and recognize that any other extended or ancillary
5.19warranty could be adversely affected if any applicable warranty stipulates that the home
5.20be installed in accordance with the manufacturer's installation manual to remain effective.
5.21After the reinstallation of the manufactured home, it is highly recommended that the
5.22purchaser(s) have a licensed manufactured home installer recheck the home's installation
5.23for any releveling needs or anchoring system adjustments each freeze-thaw cycle.
5.24The purchaser(s) of the used manufactured home described below that is being reinstalled
5.25acknowledge they have read this notice and have been advised to contact the manufacturer
5.26of the home and/or the Department of Labor and Industry if they desire additional
5.27information before signing this notice. It is the intent of this notice to inform the
5.28purchaser(s) that the purchaser(s) elected not to use a frost-protected foundation system
5.29for the reinstallation of the manufactured home as originally required by the home's
5.30installation manual.
5.31Plain language notice.
5.32I understand that because this home will be installed with footings placed above the
5.33local frost line, this home may be subject to adverse effects from frost heave that may
5.34damage this home. Purchaser(s) initials: .......
6.1I understand that the installation of this home with footings placed above the local
6.2frost line could affect my ability to obtain a mortgage or mortgage insurance on this
6.3home. Purchaser(s) initials: .......
6.4I understand that the installation of this home with footings placed above the local
6.5frost line could void my warranty on the home if any warranty is still in place on this
6.6home. Purchaser(s) initials: .......
6.18Name of licensed installer and license number or homeowner responsible for the
6.19installation of the home as described above.
6.22EFFECTIVE DATE.This section is effective the day following final enactment.
6.23 Sec. 5. Minnesota Statutes 2010, section 327.32, subdivision 7, is amended to read:
6.24 Subd. 7. Enforcement. All jurisdictions enforcing the State Building Code, in
6.25accordance with sections
6.26administration and enforcement of the manufactured home installation rules promulgated
6.27by the commissioner. Municipalities which have adopted the State Building Code may
6.28provide installation inspection and plan review services in noncode areas of the state.
6.29EFFECTIVE DATE.This section is effective the day following final enactment.
6.30 Sec. 6. Minnesota Statutes 2010, section 327.33, subdivision 2, is amended to read:
6.31 Subd. 2. Fees. The commissioner shall by rule establish reasonable fees for seals,
6.32installation seals and inspections which are sufficient to cover all costs incurred in the
6.33administration of sections
6.34rule a monitoring inspection fee in an amount that will comply with the secretary's fee
7.1distribution program. This monitoring inspection fee shall be an amount paid by the
7.2manufacturer for each manufactured home produced in Minnesota. The monitoring
7.3inspection fee shall be paid by the manufacturer to the secretary. The rules of the
7.4fee distribution program require the secretary to distribute the fees collected from all
7.5manufactured home manufacturers among states approved and conditionally approved
7.6based on the number of new manufactured homes whose first location after leaving the
7.7manufacturer is on the premises of a distributor, dealer or purchaser in that state. Fees
7.8for inspections in areas that have not adopted the State Building Code must be equal to
7.9the fees for inspections in code areas of the state. Third-party vendors may charge their
7.10usual and normal charge for inspections.
7.11EFFECTIVE DATE.This section is effective the day following final enactment.
