Minnesota Legislature
HF 3024
as introduced - 86th Legislature (2009 - 2010) Posted on 02/16/2010 10:56am
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A bill for an act
relating to labor and industry; modifying the requirements of the Manufactured
Home Building Code; amending Minnesota Statutes 2008, sections 327.31, by
adding a subdivision; 327.32, subdivision 1, by adding subdivisions; repealing
Minnesota Statutes 2008, section 327.32, subdivision 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 327.31, is amended by adding a
subdivision to read:
new text begin Subd. 21. new text end
new text begin Used manufactured home. new text end
new text begin
"Used manufactured home" means a home
being offered for sale not less than 24 months after the first purchaser took legal ownership
or possession of the home.
new text end
Sec. 2.
Minnesota Statutes 2008, section 327.32, subdivision 1, is amended to read:
Subdivision 1.
Requirement.
No person shall sell, or offer for sale, in this state, any
new text begin used new text end manufactured home manufactured new text begin after June 14, 1976, or installed for occupancy
any manufactured home manufactured new text end after deleted text begin July 1, 1972, manufacture any manufactured
home in this state or install for occupancy any manufactured home manufactured after
July 1, 1972, in any manufactured home park in this statedeleted text end new text begin June 14, 1976,new text end unless the
manufactured home complies with the deleted text begin Manufactured Home Building Code and:deleted text end
deleted text begin (a) bears a seal issued by the commissioner, and is, whenever possible, accompanied
by a certificate by the manufacturer or dealer, both evidencing that it complies with the
Manufactured Home Building Code; ordeleted text end
deleted text begin
(b) if manufactured after June 14, 1976, bears a label as required by the secretary.
deleted text end
new text begin
Notice of Compliance Form as provided in this subdivision. If manufactured after June 14,
1976, the home must bear a label as required by the secretary. The Notice of Compliance
Form shall be signed by the seller and purchaser indicating which party is responsible for
either making or paying for any necessary corrections prior to the sale and transferring
ownership of the manufactured home. A "seller" for purposes of this section is defined
as either the homeowner, manufactured home retailer or dealer, broker, limited dealer or
retailer, or listing agent.
new text end
new text begin
The Notice of Compliance Form shall be substantially in the following form:
new text end
new text begin
"Notice of Compliance Form as required in Minnesota Statutes,
section 327.32, subdivision 1.
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new text begin
This notice must be completed and signed by the purchaser(s) and the seller(s) of the
used manufactured home described in the purchase agreement and on the bottom of this
notice before the parties fully execute the sale of a used manufactured home constructed
after June 14, 1976.
new text end
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Electric ranges and clothes dryers must have required four-conductor cords and plugs.
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Complies .......... new text end |
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Correction required .......... new text end |
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Initialed by Responsible Party: Buyer .......... new text end |
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Seller .......... new text end |
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Solid fuel-burning fireplaces or stoves must be listed for use in manufactured homes, Code
of Federal Regulations, title 24, section 3280.709(g), and installed correctly, in accordance
with their listing or standards (i.e., chimney, doors, hearth, combustion, or intake, etc.,
Code of Federal Regulations, title 24, section 3280.709(g)(i)).
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Complies .......... new text end |
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Correction required .......... new text end |
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Initialed by Responsible Party: Buyer .......... new text end |
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Seller .......... new text end |
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Gas water heaters and furnaces must be listed for manufactured home use, Code of
Federal Regulations, title 24, section 3280.709(d)(1) or (2), and installed correctly, in
accordance with their listing or standards.
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Complies .......... new text end |
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Correction required .......... new text end |
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Initialed by Responsible Party: Buyer .......... new text end |
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Seller .......... new text end |
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Smoke alarms are required to be installed and operational in accordance with Code of
Federal Regulations, title 24, section 3280.305(g).
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Complies .......... new text end |
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Correction required .......... new text end |
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Initialed by Responsible Party: Buyer .......... new text end |
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Seller .......... new text end |
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Carbon monoxide alarms or CO detectors that are approved and operational are required
to be installed within ten feet of each room lawfully used for sleeping purposes.
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Complies .......... new text end |
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Correction required .......... new text end |
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Initialed by Responsible Party: Buyer .......... new text end |
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Seller .......... new text end |
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Egress windows are required in every bedroom with at least one operable window with
a net clear opening of 20 inches wide and 24 inches high, five square feet in area, with
the bottom of windows opening no more than 36 inches above the floor. Locks, latches,
operating handles, tabs, or other operational devices shall not be located more than 54
inches above the finished floor.
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Complies .......... new text end |
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Correction required .......... new text end |
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Initialed by Responsible Party: Buyer .......... new text end |
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Seller .......... new text end |
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The furnace compartment of the home is required to be lined with gypsum board, as
specified in the 1976 United States Department of Housing and Urban Development Code
governing manufactured housing construction.
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Complies .......... new text end |
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Correction required .......... new text end |
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Initialed by Responsible Party: Buyer .......... new text end |
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Seller .......... new text end |
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The water heater enclosure in this home is required to be lined with gypsum board, as
specified in the 1976 United States Department of Housing and Urban Development Code
governing manufactured housing construction.
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Complies .......... new text end |
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Correction required .......... new text end |
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Initialed by Responsible Party: Buyer .......... new text end |
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Seller .......... new text end |
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The home complies with the snowload and heat zone requirements for the state of
Minnesota as indicated by the data plate.
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Complies .......... new text end |
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Correction required .......... new text end |
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Initialed by Responsible Party: Buyer .......... new text end |
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Seller .......... new text end |
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The parties to this agreement have initialed all required sections and agree by their
signature to complete any necessary corrections prior to the sale or transfer of ownership
of the home described below as listed in the purchase agreement. The state of Minnesota
or a local building official has the authority to inspect the home in the manner described in
Minnesota Statutes, section 327C.07, prior to or after the sale to ensure compliance was
properly executed as provided under the Manufactured Home Building Code.
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Signature of Purchaser(s) of Home new text end |
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..............................date.............................. new text end |
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..............................date.............................. new text end |
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....................................................................... new text end |
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....................................................................... new text end |
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Print name as appears on purchase agreement new text end |
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Print name as appears on purchase agreement new text end |
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Signature of Seller(s) of Home new text end |
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..............................date.............................. new text end |
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..............................date.............................. new text end |
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....................................................................... new text end |
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....................................................................... new text end |
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Print name and license number, if applicable new text end |
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Print name and license number, if applicable new text end |
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(Street address of home at time of sale new text end |
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................................................................................................................................ new text end |
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City/State/Zip)....................................................................................................... new text end |
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Name of manufacturer of home............................................................................ new text end |
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Model and Year..................................................................................................... new text end |
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Serial Number........................................................................................................" new text end |
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Sec. 3.
Minnesota Statutes 2008, section 327.32, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin
Manufacturer's installation instructions and reinstallation
requirements for multisection used homes.
new text end
new text begin
(a) For each new manufactured home as
defined in section 327B.01, all reinstallations of multisection manufactured homes for
which a first purchaser was required to have a frost-protected foundation shall have
its stabilizing system installed according to the manufactured home manufacturer's
installation instructions or in accordance with a frost-free alternative design stamped by a
licensed professional engineer or architect that meets or exceeds the requirements of the
manufacturer's installation manual for the home.
new text end
new text begin
(b) Alternative designs stamped by a licensed professional engineer or architect in
compliance with the federal installation standard in effect at the date of manufacture and
submitted to the authority having jurisdiction shall be granted approval and be issued
all necessary permits by the authority having jurisdiction within ten business days of
submission. The manufacturer's instructions shall be left with the manufactured home
following the installation.
new text end
Sec. 4.
Minnesota Statutes 2008, section 327.32, is amended by adding a subdivision
to read:
new text begin Subd. 1b. new text end
new text begin
Reinstallation requirements for single-section used manufactured
homes.
new text end
new text begin
(a) A single-section used manufactured home is not required to be reinstalled in
accordance with the manufacturer's installation manual requirements for a frost-protected
foundation system if the reinstallation occurs not less than 24 months from the date
of installation. A single-section used manufactured home that is not reinstalled in
accordance with the manufacturer's installation manual shall be reinstalled according to
the requirements in Minnesota Rules, chapter 1350, for above-frost line installations or
according to an alternative design stamped by a licensed professional engineer or architect.
new text end
new text begin
(b) The purchaser of the single-section used manufactured home and the seller
shall comply with the notice requirement in subdivision 1c if the single-section used
manufactured home's first purchaser was required to install the home with footings placed
below the local frost line.
new text end
new text begin
(c) The installer shall affix an installation seal issued by the Department of Labor
and Industry to the outside of the home as required by the State Building Code. The
certificate of installation issued by the installer of record shall clearly state that the
home has been reinstalled with footings placed above the local frost line. Fees for the
inspection of a reinstallation and for the issuance of reinstallation seals shall follow the
same requirements of sections 326B.802 to 326B.885 for issuance of installation seals.
Fees for review of plans, specifications, and onsite inspections shall be those specified in
section 326B.153, subdivision 1, paragraph (c). Whenever an installation certificate for an
above the frost line installation is issued to a manufactured home being listed for sale,
the purchase agreement must disclose that the home is installed on a nonfrost-protected
foundation and recommend that the purchaser have the home inspected to determine the
effects of frost upon the home.
new text end
Sec. 5.
Minnesota Statutes 2008, section 327.32, is amended by adding a subdivision
to read:
new text begin Subd. 1c. new text end
new text begin Notice requirement. new text end
new text begin
The seller of the single-section used manufactured
home being reinstalled under subdivision 1b shall provide the following notice to the
purchaser and secure signatures of all parties to the purchase agreement on or before
signing a purchase agreement prior to submitting an application for an installation
certificate. Whenever a current owner of a manufactured home reinstalls the manufactured
home under subdivision 1b, the current owner is not required to comply with the notice
requirement under this subdivision. The notice, which shall be in the same font size
as required for the purchase agreement and becomes a part of the purchase agreement,
shall be substantially in the following form:
new text end
new text begin
"Notice of Reinstalling of a Single-Section Used Manufactured
Home Above Frost Line
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new text begin
It is recommended that the single-section used manufactured home being reinstalled
follow the instructions in the manufacturer's installation manual. By signing this notice,
the purchaser(s) are acknowledging they have elected to use footings placed above the
local frost line in accordance with the manufacturer's installation manual.
new text end
new text begin
The seller has explained the differences between the manufacturer's installation
instructions and the installation system selected by the purchaser(s) with respect to
possible effects of frost on the structural integrity of the manufactured home.
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The purchaser(s) acknowledge by signing this notice that there is no manufacturer's
original warranty remaining on the home and recognize that any other extended or ancillary
warranty could be adversely affected if any applicable warranty stipulates that the home
be installed in accordance with the manufacturer's installation manual to remain effective.
new text end
new text begin
After the reinstallation of the manufactured home, it is highly recommended that the
purchaser(s) have a licensed manufactured home installer recheck the home's installation
for any releveling needs or anchoring system adjustments each spring.
new text end
new text begin
The purchaser(s) of the used manufactured home described below that is being reinstalled
acknowledge they have read this notice and have been advised to contact the manufacturer
of the home and/or the Department of Labor and Industry if they desire additional
information before signing this notice. It is the intent of this notice to inform the
purchaser(s) that the purchaser(s) elected not to use a frost-protected foundation system
for the reinstallation of the manufactured home as originally required by the home's
installation manual.
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new text begin
Plain language notice.
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new text begin
I understand that because this home will be installed without frost-protected
footings, this home may be subject to adverse effects from frost heave that may damage
this home. Purchaser(s) initials: .......
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new text begin
I understand that the installation of this home without frost-protected footings could
affect my ability to obtain a mortgage or mortgage insurance on this home. Purchaser(s)
initials: .......
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I understand that the installation of this home without frost-protected footings could
void my warranty on the home if any warranty is still in place on this home. Purchaser(s)
initials: .......
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Signature of Purchaser(s) new text end |
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..............................date.............................. new text end |
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..............................date.............................. new text end |
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................................................................... new text end |
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................................................................... new text end |
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Print name new text end |
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Print name new text end |
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new text begin
(Street address of location where manufactured home is being reinstalled) new text end |
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.............................................................................................................................. new text end |
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(City/State/Zip).................................................................................................... new text end |
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Name of manufacturer of home......................................................................... new text end |
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Model and year................................................................................................... new text end |
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Serial number..................................................................................................... new text end |
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Name of licensed installer and license number or homeowner responsible for the
installation of the home as described above.
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Installer name:................................................................................................... new text end |
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License number:................................................................................................" new text end |
Sec. 6. new text begin REPEALER.
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new text begin
Minnesota Statutes 2008, section 327.32, subdivision 4,
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new text begin
is repealed.
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