Bill Text: MN SF225 | 2011-2012 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
1.2relating to manufactured homes; providing for inspections; modifying alternative
1.3design plans and reinstallation requirements;amending Minnesota Statutes
1.42010, sections 327.32, subdivisions 1a, 1b, 1e; 327.33, subdivision 1, by adding
1.5subdivisions.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 327.32, subdivision 1a, is amended to read:
1.8 Subd. 1a. Requirement; used manufactured homes. No person shall sell or
1.9offer for sale in this state any used manufactured home manufactured after June 14,
1.101976, or install for occupancy any used manufactured home manufactured after June
1.1114, 1976, unless the used manufactured home complies with the Notice of Compliance
1.12Form as provided in this subdivision. If manufactured after June 14, 1976, the home
1.13must bear a label as required by the secretary. The Notice of Compliance Form shall be
1.14signed by the seller and purchaser indicating which party is responsible for either making
1.15or paying for any necessary corrections prior to the sale and transferring ownership of
1.16the manufactured home.
1.17The Notice of Compliance Form shall be substantially in the following form:
1.20This notice must be completed and signed by the purchaser(s) and the seller(s) of the
1.21used manufactured home described in the purchase agreement and on the bottom of this
1.22notice before the parties transfer ownership of a used manufactured home constructed
1.23after 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 25 feet, 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 25 feet, 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.
3.33 Sec. 2. Minnesota Statutes 2010, section 327.32, subdivision 1b, is amended to read:
3.34 Subd. 1b. Alternative design plan. An alternative frost-free design slab for a new
3.35or used manufactured home that is submitted to the local building official, third-party
3.36inspector, or the department, stamped by a licensed professional engineer or architect, and
4.1is as being in compliance with either the federal installation standards in effect at the date
4.2of manufacture, the manufacturer's installation manual, or the Minnesota State Building
4.3Code, when applicable, shall be issued a permitby the department within ten days of
4.4being received by the approving authority.
4.5EFFECTIVE DATE.This section is effective .......
4.6 Sec. 3. Minnesota Statutes 2010, section 327.32, subdivision 1e, is amended to read:
4.7 Subd. 1e. Reinstallation requirements forsingle-section used manufactured
4.8homes. (a) Allsingle-section used manufactured homes reinstalled less than 24 months
4.9from the date of installation by the first purchaser must be reinstalled in compliance with
4.10subdivision 1c. Allsingle-section used manufactured homes reinstalled more than 24
4.11months from the date of installation by the first purchaser may be reinstalled without
4.12a frost-protected foundation if the home is reinstalled in compliance with Minnesota
4.13Rules, chapter 1350, for above frost-line installations and the notice requirement of
4.14subdivision 1f is complied with by the seller and the purchaser of thesingle-section used
4.15manufactured home.
4.16(b) The installer shall affix an installation seal issued by thedepartment permitting
4.17authority to the outside of the home as required by the Minnesota State Building Code.
4.18The certificate of installation issued by the installer of record shall clearly state that the
4.19home has been reinstalled with an above frost-line foundation. Fees for inspection of a
4.20reinstallation and for issuance of reinstallation seals shall follow the requirements of
4.21sections326B.802 to
326B.885 . Fees for review of plans, specifications, and on-site
4.22inspections shall be those as specified in section326B.153, subdivision 1 , paragraph
4.23(c). Whenever an installation certificate for an above frost-line installation is issued to a
4.24single-section used manufactured home being listed for sale, the purchase agreement must
4.25disclose that the home is installed on a nonfrost-protected foundation and recommend that
4.26the purchaser have the home inspected to determine the effects of frost on the home.
4.27EFFECTIVE DATE.This section is effective .......
4.28 Sec. 4. Minnesota Statutes 2010, section 327.33, subdivision 1, is amended to read:
4.29 Subdivision 1. Inspections. The commissioner, municipality, licensed manufactured
4.30home installer, or manufactured home owner shall, through the department's inspectors,
4.31municipal inspectors, or through a designated recognized inspection serviceacting
4.32as authorized representative of the commissioner perform sufficient inspections of
4.33manufacturing premises and manufactured homes to ensure compliance with sections
5.1327.31
to
327.35 . The commissioner shall have the exclusive right to conduct inspections,
5.2except for the inspections conducted or authorized by the secretary. A licensed
5.3manufactured home installer must retain for at least five years any inspection sign-off
5.4form issued by a local building official or recognized inspection service. The installer
5.5must also provide an exact duplicate copy of the inspection sign-off form to the licensed
5.6manufactured home retailer involved in the sale of the home within 14 days of the final
5.7inspection.
5.8EFFECTIVE DATE.This section is effective .......
5.9 Sec. 5. Minnesota Statutes 2010, section 327.33, is amended by adding a subdivision
5.10to read:
5.11 Subd. 1a. Fee schedule. Municipalities which have adopted the State Building Code
5.12may provide inspection services in noncode areas of the state. Fees for inspections in
5.13areas that have not adopted the State Building Code must be equal to fees for inspections
5.14done in areas that have adopted the code.
5.15EFFECTIVE DATE.This section is effective .......
5.16 Sec. 6. Minnesota Statutes 2010, section 327.33, is amended by adding a subdivision
5.17to read:
5.18 Subd. 1b. Commissioner's fee. An additional fee of $....... shall be paid to
5.19the department for each final inspection of a new or used manufactured home. The
5.20commissioner shall use the fee imposed under this section to enhance communication with
5.21local building officials and include updates to the Manufactured Home Building Code in
5.22the continuing education programs for local building officials.
5.23EFFECTIVE DATE.This section is effective .......
5.24 Sec. 7. Minnesota Statutes 2010, section 327.33, is amended by adding a subdivision
5.25to read:
5.26 Subd. 8. Dispute resolution. Notwithstanding any other law or rule to the contrary,
5.27disputes arising from the enforcement or administration of sections 327.31 to 327.35 shall
5.28be resolved under the procedures in effect for resolving disputes under section 327A.051.
5.29EFFECTIVE DATE.This section is effective .......
1.3design plans and reinstallation requirements;amending Minnesota Statutes
1.42010, sections 327.32, subdivisions 1a, 1b, 1e; 327.33, subdivision 1, by adding
1.5subdivisions.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 327.32, subdivision 1a, is amended to read:
1.8 Subd. 1a. Requirement; used manufactured homes. No person shall sell or
1.9offer for sale in this state any used manufactured home manufactured after June 14,
1.101976, or install for occupancy any used manufactured home manufactured after June
1.1114, 1976, unless the used manufactured home complies with the Notice of Compliance
1.12Form as provided in this subdivision. If manufactured after June 14, 1976, the home
1.13must bear a label as required by the secretary. The Notice of Compliance Form shall be
1.14signed by the seller and purchaser indicating which party is responsible for either making
1.15or paying for any necessary corrections prior to the sale and transferring ownership of
1.16the manufactured home.
1.17The Notice of Compliance Form shall be substantially in the following form:
1.20This notice must be completed and signed by the purchaser(s) and the seller(s) of the
1.21used manufactured home described in the purchase agreement and on the bottom of this
1.22notice before the parties transfer ownership of a used manufactured home constructed
1.23after 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 feet, as specified in the 1976 United States Department of
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 feet, as specified in the 1976 United States Department of
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.
3.33 Sec. 2. Minnesota Statutes 2010, section 327.32, subdivision 1b, is amended to read:
3.34 Subd. 1b. Alternative design plan. An alternative frost-free design slab for a new
3.35or used manufactured home that is submitted to the local building official, third-party
3.36inspector, or the department, stamped by a licensed professional engineer or architect
4.1
4.2of manufacture, the manufacturer's installation manual, or the Minnesota State Building
4.3Code, when applicable, shall be issued a permit
4.4being received by the approving authority.
4.5EFFECTIVE DATE.This section is effective .......
4.6 Sec. 3. Minnesota Statutes 2010, section 327.32, subdivision 1e, is amended to read:
4.7 Subd. 1e. Reinstallation requirements for
4.8homes. (a) All
4.9from the date of installation by the first purchaser must be reinstalled in compliance with
4.10subdivision 1c. All
4.11months from the date of installation by the first purchaser may be reinstalled without
4.12a frost-protected foundation if the home is reinstalled in compliance with Minnesota
4.13Rules, chapter 1350, for above frost-line installations and the notice requirement of
4.14subdivision 1f is complied with by the seller and the purchaser of the
4.15manufactured home.
4.16(b) The installer shall affix an installation seal issued by the
4.17authority to the outside of the home as required by the Minnesota State Building Code.
4.18The certificate of installation issued by the installer of record shall clearly state that the
4.19home has been reinstalled with an above frost-line foundation. Fees for inspection of a
4.20reinstallation and for issuance of reinstallation seals shall follow the requirements of
4.21sections
4.22inspections shall be those as specified in section
4.23(c). Whenever an installation certificate for an above frost-line installation is issued to a
4.24
4.25disclose that the home is installed on a nonfrost-protected foundation and recommend that
4.26the purchaser have the home inspected to determine the effects of frost on the home.
4.27EFFECTIVE DATE.This section is effective .......
4.28 Sec. 4. Minnesota Statutes 2010, section 327.33, subdivision 1, is amended to read:
4.29 Subdivision 1. Inspections. The commissioner, municipality, licensed manufactured
4.30home installer, or manufactured home owner shall, through the department's inspectors,
4.31municipal inspectors, or through a designated recognized inspection service
4.32
4.33manufacturing premises and manufactured homes to ensure compliance with sections
5.2
5.3manufactured home installer must retain for at least five years any inspection sign-off
5.4form issued by a local building official or recognized inspection service. The installer
5.5must also provide an exact duplicate copy of the inspection sign-off form to the licensed
5.6manufactured home retailer involved in the sale of the home within 14 days of the final
5.7inspection.
5.8EFFECTIVE DATE.This section is effective .......
5.9 Sec. 5. Minnesota Statutes 2010, section 327.33, is amended by adding a subdivision
5.10to read:
5.11 Subd. 1a. Fee schedule. Municipalities which have adopted the State Building Code
5.12may provide inspection services in noncode areas of the state. Fees for inspections in
5.13areas that have not adopted the State Building Code must be equal to fees for inspections
5.14done in areas that have adopted the code.
5.15EFFECTIVE DATE.This section is effective .......
5.16 Sec. 6. Minnesota Statutes 2010, section 327.33, is amended by adding a subdivision
5.17to read:
5.18 Subd. 1b. Commissioner's fee. An additional fee of $....... shall be paid to
5.19the department for each final inspection of a new or used manufactured home. The
5.20commissioner shall use the fee imposed under this section to enhance communication with
5.21local building officials and include updates to the Manufactured Home Building Code in
5.22the continuing education programs for local building officials.
5.23EFFECTIVE DATE.This section is effective .......
5.24 Sec. 7. Minnesota Statutes 2010, section 327.33, is amended by adding a subdivision
5.25to read:
5.26 Subd. 8. Dispute resolution. Notwithstanding any other law or rule to the contrary,
5.27disputes arising from the enforcement or administration of sections 327.31 to 327.35 shall
5.28be resolved under the procedures in effect for resolving disputes under section 327A.051.
5.29EFFECTIVE DATE.This section is effective .......
