Full Text of SB3079 99th General Assembly
SB3079enr 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Manufactured Home Quality Assurance Act is | 5 | | amended by changing Sections 10, 15, 25, 60, and 65 as follows:
| 6 | | (430 ILCS 117/10)
| 7 | | Sec. 10. Definitions. In this Act:
| 8 | | "Department" means the Illinois Department of Public | 9 | | Health.
| 10 | | "Licensed installer" means a person who has successfully
| 11 | | completed a manufactured home installation course approved
by | 12 | | the Department and paid the required fees.
| 13 | | "Manufactured home" and "mobile home" mean means a | 14 | | "manufactured home", as defined in subdivision (53) of Section | 15 | | 9-102 of the Uniform Commercial Code. "Mobile home" means a | 16 | | factory-assembled, completely integrated structure, | 17 | | constructed on or before June 30, 1976, designed for permanent | 18 | | habitation, with a permanent chassis, and so constructed as to | 19 | | permit its transport, on wheels temporarily or permanently | 20 | | attached to its frame, that is a movable or portable unit that | 21 | | is constructed to be towed on its own chassis (comprised of | 22 | | frame and wheels) from the place of its construction to the | 23 | | location, or subsequent locations, at which it is connected to |
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| 1 | | utilities for year-round occupancy for use as a permanent | 2 | | habitation, and designed to be used as a dwelling with or | 3 | | without a permanent foundation and situated so as to permit its | 4 | | occupancy as a dwelling place for one or more persons. The | 5 | | terms "manufactured home" and "mobile home" shall include units | 6 | | otherwise meeting their respective definitions containing | 7 | | parts that may be folded, collapsed, or telescoped when being | 8 | | towed and that may be expected to provide additional cubic | 9 | | capacity, and that are designed to be joined into one integral | 10 | | unit capable of being separated again into the components for | 11 | | repeated towing. The terms "manufactured home" and "mobile | 12 | | home" exclude campers and recreational vehicles.
| 13 | | "Manufacturer" means a manufacturer of a manufactured | 14 | | home, whether
the manufacturer is located within or outside of | 15 | | the State of Illinois.
| 16 | | "Mobile home" or "manufactured home" does not include a | 17 | | modular home.
| 18 | | "Mobile home park" means a tract of land or 2 contiguous | 19 | | tracts of land that contain sites with the necessary utilities | 20 | | for 5 or more mobile homes or manufactured homes. A mobile home | 21 | | park may be operated either free of charge or for revenue | 22 | | purposes.
| 23 | | (Source: P.A. 98-749, eff. 7-16-14.)
| 24 | | (430 ILCS 117/15)
| 25 | | Sec. 15. Enforcement of setup standards. The Department is |
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| 1 | | responsible
for enforcing setup standards mandated by the | 2 | | United States Department of
Housing and Urban Development as | 3 | | set forth in manufacturers' specifications pursuant to Section | 4 | | 3285.2(a) of Title 24 of the Code of Federal Regulations, 24 | 5 | | C.F.R. 3285.2(a) .
In the absence of manufacturer's | 6 | | specifications, the Department must provide
installation | 7 | | standards.
| 8 | | (Source: P.A. 92-410, eff. 1-1-02 .)
| 9 | | (430 ILCS 117/25)
| 10 | | Sec. 25.
Installation of home; installer's license; fees; | 11 | | display of
license. All manufactured homes installed after | 12 | | December 31, 2001 shall
be installed under the immediate onsite | 13 | | supervision of a licensed manufactured home
installer. The fee | 14 | | for the issuance and renewal of an installer's license
is $150 | 15 | | per year. In addition, a fee of $50 shall $25 must be paid by | 16 | | the licensed
installer responsible for the installation for | 17 | | each manufactured home
installed as evidenced by the installers | 18 | | affixing of a Department-issued seal to the home and filing of | 19 | | an installation certificate with the Department . A licensed | 20 | | installer shall must provide proof of licensing at the
| 21 | | installation site at all times during the installation. The | 22 | | licensed
installer responsible for the installation shall must | 23 | | disclose the place of
manufactured home delivery and the name | 24 | | of the buyer to the Department. When the Department is required | 25 | | to inspect the installation of a manufactured home, a fee of |
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| 1 | | $395 shall be paid to the Department by the installer for each | 2 | | inspection made. When a Department-approved third party | 3 | | inspects the installation of a manufactured home, the installer | 4 | | shall pay an inspection fee not to exceed $395 to the person | 5 | | performing the inspection. A report of the installation | 6 | | inspection shall be made in a manner prescribed by the | 7 | | Department. The Department shall by rule establish the | 8 | | qualifications and manner in which third parties may be | 9 | | approved to inspect manufactured housing inspections.
| 10 | | (Source: P.A. 92-410, eff. 1-1-02 .)
| 11 | | (430 ILCS 117/60)
| 12 | | Sec. 60. Exclusive State power or function.
It is declared | 13 | | to be the public policy of this State,
pursuant to paragraph | 14 | | (h) of Section 6 of Article VII of the
Illinois Constitution of | 15 | | 1970, that any power or function set
forth in this Act to be | 16 | | exercised by the State is an exclusive
State power or function. | 17 | | Such power or function shall not
be exercised concurrently, | 18 | | either directly or indirectly, by
any unit of local government | 19 | | to which this Act applies, including
home rule units, except as | 20 | | otherwise provided in this Act.
| 21 | | The Department may adopt all rules necessary to implement | 22 | | this Act. Such rules shall provide for the Department to | 23 | | inspect manufactured home installations, require correction of | 24 | | violations, and perform other duties mandated by the United | 25 | | States Department of Housing and Urban Development pursuant to |
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| 1 | | Section 3286.803 of Title 24 of the Code of Federal | 2 | | Regulations, 24 C.F.R. 3286.803. The Department may require and | 3 | | approve non-governmental inspectors or inspection agencies, | 4 | | provided the Department shall at all times exercise supervisory | 5 | | control over such inspectors or agencies to insure effective | 6 | | and uniform enforcement consistent with the rules adopted by | 7 | | the Department. | 8 | | (Source: P.A. 92-410, eff. 1-1-02 .)
| 9 | | (430 ILCS 117/65)
| 10 | | Sec. 65. Applicability. This Act does not apply to home
| 11 | | rule municipalities with a population in excess of 1,000,000 so | 12 | | long as exempt municipalities adopt rules to inspect | 13 | | manufactured home installations, require correction of | 14 | | violations, and perform other duties mandated by the United | 15 | | States Department of Housing and Urban Development pursuant to | 16 | | Section 3286.803 of Title 24 of the Code of Federal | 17 | | Regulations, 24 C.F.R. 3286.803. Exempt municipalities may | 18 | | require and approve non-governmental inspectors or inspection | 19 | | agencies, provided the exempt municipalities shall at all times | 20 | | exercise supervisory control over such inspectors or agencies | 21 | | to insure effective and uniform enforcement consistent with the | 22 | | rules adopted by the exempt municipalities .
| 23 | | (Source: P.A. 92-410, eff. 1-1-02 .)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 430 ILCS 117/10 | | | 4 | | 430 ILCS 117/15 | | | 5 | | 430 ILCS 117/25 | | | 6 | | 430 ILCS 117/60 | | | 7 | | 430 ILCS 117/65 | |
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