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Senate File 2427

Partial Bill History

Bill Text

PAG LIN
  1  1                                           SENATE FILE 2427
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO THE DEFINITION OF FACTORY-BUILT STRUCTURES, THE
  1  5    RELOCATION OF FACTORY-BUILT STRUCTURES, THE CERTIFICATION 
  1  6    OF INSTALLERS OF MANUFACTURED HOMES AND PROVIDING FOR A FEE,
  1  7    AN APPROPRIATION, AND A CIVIL PENALTY.  
  1  8 
  1  9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 10 
  1 11    Section 1.  Section 103A.3, subsection 8, Code 1999, is
  1 12 amended to read as follows:
  1 13    8.  "Factory-built structure" means any structure which is,
  1 14 wholly or in substantial part, made, fabricated, formed, or
  1 15 assembled in manufacturing facilities for installation or
  1 16 assembly and installation, on a building site.  "Factory-built
  1 17 structure" includes the term terms "mobile home" as defined in
  1 18 section 435.1, "manufactured home", and "modular home".
  1 19    Sec. 2.  Section 103A.3, Code l999, is amended by adding
  1 20 the following new subsection:
  1 21    NEW SUBSECTION.  15A.  "Manufactured home", "mobile home",
  1 22 and "modular home" mean the same as defined in section 435.1.
  1 23    Sec. 3.  Section 103A.9, subsection 4, Code 1999, is
  1 24 amended to read as follows:
  1 25    4.  All factory-built structures, without regard to
  1 26 manufacture date, shall be installed in accordance with the
  1 27 code in the governmental subdivisions which have adopted the
  1 28 state building code or any other building code.  However, a
  1 29 governmental subdivision shall not require that a factory-
  1 30 built structure, that was manufactured in accordance with
  1 31 federally mandated standards, be renovated in accordance with
  1 32 the state building code or any other building code which the
  1 33 governmental subdivision has adopted when the factory-built
  1 34 structure is being moved from one lawful location within the
  1 35 state to another unless such required renovation is in
  2  1 conformity with those specifications for the factory-built
  2  2 structure which existed when it was manufactured or the
  2  3 factory-built structure is being rented for occupancy.
  2  4    Existing factory-built structures not constructed to be in
  2  5 compliance with federally mandated standards may be moved from
  2  6 one established mobile home park to another within the state
  2  7 and shall not be required to be renovated to comply with the
  2  8 state building code or any other building code which the
  2  9 governmental subdivision has adopted unless the factory-built
  2 10 structure is being rented for occupancy or has been declared a
  2 11 public nuisance according to standards generally applied to
  2 12 housing.
  2 13    Sec. 4.  NEW SECTION.  103A.26  MANUFACTURED HOME
  2 14 INSTALLERS CERTIFICATION – VIOLATION – CIVIL ACTION AND
  2 15 PENALTY.
  2 16    1.  a.  A person who installs a manufactured home for
  2 17 another person shall be certified in accordance with rules
  2 18 adopted by the commissioner pursuant to chapter 17A.  The
  2 19 commissioner may assess a fee sufficient to recover the costs
  2 20 of administering the certification of manufactured home
  2 21 installers.  The commissioner may suspend or revoke the
  2 22 certification of a manufactured home installer for failure to
  2 23 perform installation of a manufactured home, pursuant to
  2 24 certification standards as provided by rules of the
  2 25 commissioner.
  2 26    b.  Notwithstanding section 103A.23, all fees collected by
  2 27 the commissioner for the administration of the manufactured
  2 28 home program shall be credited to the general fund of the
  2 29 state and are appropriated to the commissioner for the purpose
  2 30 of administering this program including the employment of
  2 31 personnel for the enforcement and administration of this
  2 32 program.
  2 33    2.  If a provision of this chapter or a rule adopted
  2 34 pursuant to this chapter relating to the manufacture or
  2 35 installation of a manufactured home is violated, the
  3  1 commissioner may assess a civil penalty not to exceed one
  3  2 thousand dollars for each offense.  Each violation involving a
  3  3 separate manufactured home, or a separate failure or refusal
  3  4 to allow or perform an act required by this chapter, or a rule
  3  5 adopted pursuant to this chapter constitutes a separate
  3  6 offense.  However, the maximum amount of civil penalties which
  3  7 may be assessed for any series of violations occurring within
  3  8 one year from the date of the first violation shall not exceed
  3  9 one million dollars.
  3 10    3.  A person who is injured in person or property by reason
  3 11 of another person's violation of any of the standards adopted
  3 12 pursuant to this chapter for the installation of a
  3 13 manufactured home may bring a civil action for actual damages
  3 14 against the violator.  
  3 15 
  3 16 
  3 17                                                             
  3 18                               MARY E. KRAMER
  3 19                               President of the Senate
  3 20 
  3 21 
  3 22                                                             
  3 23                               BRENT SIEGRIST
  3 24                               Speaker of the House
  3 25 
  3 26    I hereby certify that this bill originated in the Senate and
  3 27 is known as Senate File 2427, Seventy-eighth General Assembly.
  3 28 
  3 29 
  3 30                                                             
  3 31                               MICHAEL E. MARSHALL
  3 32                               Secretary of the Senate
  3 33 Approved                , 2000
  3 34 
  3 35 
  4  1                                
  4  2 THOMAS J. VILSACK
  4  3 Governor
     

Text: SF02426                           Text: SF02428
Text: SF02400 - SF02499                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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