Text: HSB00038 Text: HSB00040 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 103A.3, subsection 8, Code 2001, is 1 2 amended to read as follows: 1 3 8. "Factory-built structure" means any structure which is, 1 4 wholly or in substantial part, made, fabricated, formed, or 1 5 assembled in manufacturing facilities for installation or 1 6 assembly and installation, on a building site. "Factory-built 1 7 structure" includes thetermterms "mobile home"as defined in1 8section 435.1, "manufactured home", and "modular home". 1 9 Sec. 2. Section 103A.3, Code 2001, is amended by adding 1 10 the following new subsection: 1 11 NEW SUBSECTION. 15A. "Manufactured home", "mobile home", 1 12 and "modular home" mean the same as defined in section 435.1. 1 13 Sec. 3. Section 103A.9, subsection 4, Code 2001, is 1 14 amended to read as follows: 1 15 4. All factory-built structures, without regard to 1 16 manufacture date, shall be installed in accordance with the 1 17 code in the governmental subdivisions which have adopted the 1 18 state building code or any other building code. However, a 1 19 governmental subdivision shall not require that a factory- 1 20 built structure, that was manufactured in accordance with 1 21 federally mandated standards, be renovated in accordance with 1 22 the state building code or any other building code which the 1 23 governmental subdivision has adopted when the factory-built 1 24 structure is being moved from one lawful locationwithin the1 25stateto another unless such required renovation is in 1 26 conformity with those specifications for the factory-built 1 27 structure which existed when it was manufactured or the 1 28 factory-built structure is being rented for occupancy. 1 29 Existing factory-built structures not constructed to be in 1 30 compliance with federally mandated standards may be moved from 1 31 one established mobile home park to anotherwithin the state1 32 and shall not be required to be renovated to comply with the 1 33 state building code or any other building code which the 1 34 governmental subdivision has adopted unless the factory-built 1 35 structure is being rented for occupancy or has been declared a 2 1 public nuisance according to standards generally applied to 2 2 housing. 2 3 Sec. 4. NEW SECTION. 103A.26 MANUFACTURED HOME 2 4 INSTALLERS CERTIFICATION – VIOLATION – CIVIL ACTION AND 2 5 PENALTY. 2 6 1. a. A person who installs a manufactured home for 2 7 another person shall be certified in accordance with rules 2 8 adopted by the commissioner pursuant to chapter 17A. The 2 9 commissioner may assess a fee sufficient to recover the costs 2 10 of administering the certification of manufactured home 2 11 installers. The commissioner may suspend or revoke the 2 12 certification of a manufactured home installer for failure to 2 13 perform installation of a manufactured home, pursuant to 2 14 certification standards as provided by rules of the 2 15 commissioner. 2 16 b. Notwithstanding section 103A.23, all fees collected by 2 17 the commissioner for the administration of the manufactured 2 18 home program shall be credited to the general fund of the 2 19 state and are appropriated to the commissioner for the purpose 2 20 of administering this certification program including the 2 21 employment of personnel for the enforcement and administration 2 22 of this program. 2 23 2. If a provision of this chapter or a rule adopted 2 24 pursuant to this chapter relating to the manufacture or 2 25 installation of a manufactured home is violated, the 2 26 commissioner may assess a civil penalty not to exceed one 2 27 thousand dollars for each offense. Each violation involving a 2 28 separate manufactured home, or a separate failure or refusal 2 29 to allow an act to be performed or to perform an act as 2 30 required by this chapter, or a rule adopted pursuant to this 2 31 chapter constitutes a separate offense. However, the maximum 2 32 amount of civil penalties which may be assessed for any series 2 33 of violations occurring within one year from the date of the 2 34 first violation shall not exceed one million dollars. 2 35 3. A person who is injured in person or property by reason 3 1 of another person's violation of any of the standards adopted 3 2 pursuant to this chapter for the installation of a 3 3 manufactured home may bring a civil action for actual damages 3 4 against the violator. 3 5 EXPLANATION 3 6 This bill modifies the definition of a factory-built 3 7 structure to specifically include a mobile home, manufactured 3 8 home, or a modular home as those terms are defined in Code 3 9 section 435.1, and provides for the certification of 3 10 manufactured home installers pursuant to rules adopted by the 3 11 state building code commissioner. The amendment to the 3 12 definition adds modular homes to current law governing 3 13 factory-built structures. A person who installs manufactured 3 14 homes shall be certified by the state building code 3 15 commissioner. The commissioner may establish a fee for 3 16 certification of the installers. All fees collected are 3 17 credited to the general fund of the state and appropriated to 3 18 the commissioner to pay the costs of administering the 3 19 certification process. 3 20 The bill also provides that a governmental subdivision 3 21 shall not require that a factory-built structure, which was 3 22 manufactured in accordance with federally mandated standards, 3 23 be renovated to meet the state building code or another 3 24 building code adopted by the subdivision when the factory- 3 25 built structure is moved from one location to another unless 3 26 the renovation is in conformity with those specifications for 3 27 the factory-built structure which existed when it was 3 28 manufactured, or the factory-built structure is being rented 3 29 for occupancy. Currently, this exemption applies only to 3 30 intrastate relocations. 3 31 The bill also provides that an existing factory-built 3 32 structure which is not constructed in compliance with 3 33 federally mandated standards may be moved from one mobile home 3 34 park to another without being required to be renovated to 3 35 comply with the state building code or another building code 4 1 adopted by a governmental subdivision unless the factory-built 4 2 structure is being rented for occupancy or has been declared a 4 3 public nuisance. Currently, this exemption applies only to 4 4 intrastate relocations. 4 5 The bill establishes a civil penalty, not exceeding $1,000 4 6 per violation, which may be assessed by the state building 4 7 code commissioner against a person who violates a 4 8 manufacturing or installation standard or fails to allow or 4 9 perform an act required by Code chapter 103A or rules of the 4 10 commissioner. Each violation involving a separate 4 11 manufactured home or a separate failure or refusal to allow an 4 12 act to be performed or to perform an act as required by Code 4 13 chapter 103A or a rule constitutes a separate offense. The 4 14 maximum civil penalties for a series of violations occurring 4 15 within one year from the date of the first violation shall not 4 16 exceed $1 million. 4 17 The bill authorizes any person who is injured in person or 4 18 property by reason of another person's violation of any of the 4 19 standards adopted pursuant to Code chapter 103A for 4 20 installation of a manufactured home to bring a civil action 4 21 for actual damages against the violator. 4 22 LSB 1706HC 79 4 23 tj/gg/8
Text: HSB00038 Text: HSB00040 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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