Text: SF02333 Text: SF02335 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. DEPARTMENT OF PUBLIC SAFETY – STATE FIRE 1 2 MARSHAL. Of moneys appropriated pursuant to section 103A.26 1 3 to the department of public safety from the general fund of 1 4 the state for use by the state fire marshal during the fiscal 1 5 year beginning July 1, 2000, and ending June 30, 2001, up to 1 6 $75,000 shall be used for one additional full-time equivalent 1 7 position to conduct inspections of manufactured homes. 1 8 Sec. 2. Section 103A.3, subsection 8, Code 1999, is 1 9 amended to read as follows: 1 10 8. "Factory-built structure" means any structure which is, 1 11 wholly or in substantial part, made, fabricated, formed, or 1 12 assembled in manufacturing facilities for installation or 1 13 assembly and installation, on a building site. "Factory-built 1 14 structure" includes thetermterms "mobile home"as defined in1 15section 435.1, "manufactured home", and "modular home". 1 16 Sec. 3. Section 103A.3, Code 1999, is amended by adding 1 17 the following new subsection: 1 18 NEW SUBSECTION. 15A. "Manufactured home", "mobile home", 1 19 and "modular home" mean the same as defined in section 435.1. 1 20 Sec. 4. Section 103A.23, Code 1999, is amended to read as 1 21 follows: 1 22 103A.23 FEES. 1 23 For the purpose of obtaining revenue to defray the costs of 1 24 administering the provisions of this chapter, the commissioner 1 25 shall establish by rule a schedule of fees based upon the 1 26 costs of administration which fees shall be collected from 1 27 persons whose manufacture, installation or construction is 1 28 subject to the provisions of the state building code. For the 1 29 performance of building plan reviews by the department of 1 30 public safety, the commissioner shall establish by rule a fee 1 31 which shall be equal to a percentage of the estimated total 1 32 valuation of the building. 1 33 All fees collected by the commissioner shall be deposited 1 34 inthe state treasury to the credit ofthe general fund of the 1 35 state and the moneys from the fees are appropriated to the 2 1 department of public safety for the purposes of administering 2 2 this chapter. 2 3 All federal grants to and federal receipts of the office of 2 4 state building code commissioner are appropriated for the 2 5 purpose set forth in the federal grants or receipts. 2 6 Sec. 5. NEW SECTION. 103A.26 MANUFACTURED HOME 2 7 INSTALLERS CERTIFICATION – VIOLATION – CIVIL ACTION AND 2 8 PENALTY. 2 9 1. a. A person who installs a manufactured home for 2 10 another person shall be certified in accordance with rules 2 11 adopted by the commissioner pursuant to chapter 17A. The 2 12 commissioner may assess a fee sufficient to recover the costs 2 13 of administering the certification of manufactured home 2 14 installers. The commissioner may suspend or revoke the 2 15 certification of a manufactured home installer for failure to 2 16 perform installation of a manufactured home, pursuant to 2 17 certification standards as provided by rules of the 2 18 commissioner. 2 19 b. All fees collected by the commissioner from the 2 20 certification of manufactured home installers shall be 2 21 credited to the general fund of the state as provided in 2 22 section 103A.23 and are appropriated to the commissioner for 2 23 the purpose of administering this subsection. 2 24 2. If a provision of this chapter or a rule adopted 2 25 pursuant to this chapter relating to the manufacture or 2 26 installation of a manufactured home is violated, the 2 27 commissioner may assess a civil penalty not to exceed one 2 28 thousand dollars for each offense. Each violation involving a 2 29 separate manufactured home, or a separate failure or refusal 2 30 to allow or perform an act required by this chapter, or a rule 2 31 adopted pursuant to this chapter constitutes a separate 2 32 offense. However, the maximum amount of civil penalties which 2 33 may be assessed for any series of violations occurring within 2 34 one year from the date of the first violation shall not exceed 2 35 one million dollars. 3 1 3. A person who is injured in person or property by 3 2 another person violating the standards adopted pursuant to 3 3 this chapter for the installation of a manufactured home may 3 4 bring a civil action for damages against the violator. 3 5 EXPLANATION 3 6 This bill makes changes to the state building code as it 3 7 relates to manufactured and modular homes and provides 3 8 authority to the state fire marshal as the state building code 3 9 commissioner to impose fees and provides that fees collected 3 10 shall be used for one additional person to conduct inspections 3 11 of manufactured homes. 3 12 Code section 103A.3 is amended to provide that manufactured 3 13 homes and modular homes are included within the definition of 3 14 factory-built structures for purposes of the state building 3 15 code. 3 16 Code section 103A.23 is amended to require the commissioner 3 17 of public safety to implement a fee, to be adopted by rule, 3 18 for the review of building plans for construction subject to 3 19 the state building code. 3 20 New Code section 103A.26 requires that installers of 3 21 manufactured homes for use by others be certified in 3 22 accordance with rules established by the building code 3 23 commissioner. The new provision also permits the imposition 3 24 of a fee with the fees collected appropriated to the 3 25 commissioner for the administration of this provision. In 3 26 addition, the new Code section establishes a civil penalty for 3 27 a violation of any requirements of Code chapter 103A governing 3 28 manufactured homes. A maximum civil penalty of $1,000 per 3 29 offense, and $1 million per year is established. The new Code 3 30 section provides that a person injured because of a 3 31 manufactured home installation may bring a civil action for 3 32 that injury. 3 33 LSB 5709XS 78 3 34 ec/cf/24
Text: SF02333 Text: SF02335 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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