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92nd General Assembly

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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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