1.1A bill for an act1.2relating to labor and industry; modifying the requirements of the Manufactured 1.3Home Building Code;amending Minnesota Statutes 2008, sections 327.31, 1.4subdivision 17, by adding subdivisions; 327.32, subdivision 1, by adding 1.5subdivisions; repealing Minnesota Statutes 2008, sections 327.32, subdivision 4; 1.6327C.07, subdivisions 3, 3a, 8.1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:1.8    Section 1. Minnesota Statutes 2008, section 327.31, subdivision 17, is amended to read:1.9    Subd. 17. Installation. "Installation" of a manufactured home means assembly1.10installation or reinstallation, at the site of occupancy, of all portions of a manufactured 1.11home, connection of the manufactured home to existing utility connections and installation 1.12of support and/or anchoring systems.1.13    Sec. 2. Minnesota Statutes 2008, section 327.31, is amended by adding a subdivision 1.14to read:1.15    Subd. 21.Used manufactured home."Used manufactured home" means a home 1.16being offered for sale not less than 24 months after the first purchaser took legal ownership 1.17or possession of the home.1.18    Sec. 3. Minnesota Statutes 2008, section 327.31, is amended by adding a subdivision 1.19to read:1.20    Subd. 22.Seller."Seller" means either the homeowner, manufactured home retailer 1.21or dealer, broker, or limited dealer or retailer.1.22    Sec. 4. Minnesota Statutes 2008, section 327.32, subdivision 1, is amended to read:2.1    Subdivision 1.  Requirement; new manufactured homes. No person shall sell,2.2or offer for sale, in this state, any new manufactured home manufactured after July 1, 2.31972, or manufacture any manufactured home in this state or install for occupancy any 2.4manufactured home manufactured after July 1, 1972, in any manufactured home park in 2.5this state unless the manufactured home complies with the Manufactured Home Building 2.6Code and:  bears a label as required by the secretary.2.7    (a) bears a seal issued by the commissioner, and is, whenever possible, accompanied 2.8by a certificate by the manufacturer or dealer, both evidencing that it complies with the 2.9Manufactured Home Building Code; or 2.10    (b) if manufactured after June 14, 1976, bears a label as required by the secretary. 2.11    Sec. 5. Minnesota Statutes 2008, section 327.32, is amended by adding a subdivision 2.12to read:2.13    Subd. 1a.Requirement; used manufactured homes.No person shall sell or 2.14offer for sale in this state any used manufactured home manufactured after June 14, 2.151976, or install for occupancy any used manufactured home manufactured after June 2.1614, 1976, unless the used manufactured home complies with the Notice of Compliance 2.17Form as provided in this subdivision. If manufactured after June 14, 1976, the home 2.18must bear a label as required by the secretary. The Notice of Compliance Form shall be 2.19signed by the seller and purchaser indicating which party is responsible for either making 2.20or paying for any necessary corrections prior to the sale and transferring ownership of 2.21the manufactured home.2.22The Notice of Compliance Form shall be substantially in the following form:2.23"Notice of Compliance Form as required in Minnesota Statutes, 2.24section 327.32, subdivision 1.2.25This notice must be completed and signed by the purchaser(s) and the seller(s) of the 2.26used manufactured home described in the purchase agreement and on the bottom of this 2.27notice before the parties transfer ownership of a used manufactured home constructed 2.28after June 14, 1976.2.29Electric ranges and clothes dryers must have required four-conductor cords and plugs.

2.30Complies ..........Correction required ..........2.31Initialed by Responsible Party: Buyer ..........Seller ..........

2.32Solid fuel-burning fireplaces or stoves must be listed for use in manufactured homes, Code 2.33of Federal Regulations, title 24, section 3280.709(g), and installed correctly in accordance 3.1with their listing or standards (i.e., chimney, doors, hearth, combustion, or intake, etc., 3.2Code of Federal Regulations, title 24, section 3280.709(g)).

3.3Complies ..........Correction required ..........3.4Initialed by Responsible Party: Buyer ..........Seller ..........

3.5Gas water heaters and furnaces must be listed for manufactured home use, Code of Federal 3.6Regulations, title 24, section 3280.709(a) and (d)(1) and (2) and installed correctly, in 3.7accordance with their listing or standards.

3.8Complies ..........Correction required ..........3.9Initialed by Responsible Party: Buyer ..........Seller ..........

3.10Smoke alarms are required to be installed and operational in accordance with Code of 3.11Federal Regulations, title 24, section 3280.208.

3.12Complies ..........Correction required ..........3.13Initialed by Responsible Party: Buyer ..........Seller ..........

3.14Carbon monoxide alarms or CO detectors that are approved and operational are required 3.15to be installed within ten feet of each room lawfully used for sleeping purposes.

3.16Complies ..........Correction required ..........3.17Initialed by Responsible Party: Buyer ..........Seller ..........

3.18Egress windows are required in every bedroom with at least one operable window with 3.19a net clear opening of 20 inches wide and 24 inches high, five square feet in area, with 3.20the bottom of windows opening no more than 36 inches above the floor. Locks, latches, 3.21operating handles, tabs, or other operational devices shall not be located more than 54 3.22inches above the finished floor.

3.23Complies ..........Correction required ..........3.24Initialed by Responsible Party: Buyer ..........Seller ..........

3.25The furnace compartment of the home is required to have interior finish with a flame 3.26spread rating not exceeding 25 feet, as specified in the 1976 United States Department of 3.27Housing and Urban Development Code governing manufactured housing construction.

3.28Complies ..........Correction required ..........3.29Initialed by Responsible Party: Buyer ..........Seller ..........

3.30The water heater enclosure in this home is required to have interior finish with a flame 3.31spread rating not exceeding 25 feet, as specified in the 1976 United States Department of 3.32Housing and Urban Development Code governing manufactured housing construction.

3.33Complies ..........Correction required ..........3.34Initialed by Responsible Party: Buyer ..........Seller ..........

4.1The home complies with the snowload and heat zone requirements for the state of 4.2Minnesota as indicated by the data plate. 

4.3Complies ..........Correction required ..........4.4Initialed by Responsible Party: Buyer ..........Seller ..........

4.5The parties to this agreement have initialed all required sections and agree by their 4.6signature to complete any necessary corrections prior to the sale or transfer of ownership 4.7of the home described below as listed in the purchase agreement. The state of Minnesota 4.8or a local building official has the authority to inspect the home in the manner described in 4.9Minnesota Statutes, section 327.33, prior to or after the sale to ensure compliance was 4.10properly executed as provided under the Manufactured Home Building Code.

4.11Signature of Purchaser(s) of Home4.12..............................date............................................................date..............................4.13..............................................................................................................................................4.144.15Print name as appears on purchase agreementPrint name as appears on purchase agreement4.16Signature of Seller(s) of Home4.17..............................date............................................................date..............................4.18..............................................................................................................................................4.19Print name and license number, if applicablePrint name and license number, if applicable4.20(Street address of home at time of sale)4.21................................................................................................................................4.22(City/State/Zip).......................................................................................................4.23Name of manufacturer of home............................................................................4.24Model and Year.....................................................................................................4.25Serial Number........................................................................................................"

4.26    Sec. 6. Minnesota Statutes 2008, section 327.32, is amended by adding a subdivision 4.27to read:4.28    Subd. 1b.Alternative design plan.An alternative frost-free design slab that is 4.29submitted to the department, stamped by a licensed professional engineer or architect, and 4.30is in compliance with the federal installation standards in effect at the date of manufacture 4.31or the Minnesota State Building Code, when applicable, shall be issued a permit by the 4.32department within ten days. 4.33    Sec. 7. Minnesota Statutes 2008, section 327.32, is amended by adding a subdivision 4.34to read:4.35    Subd. 1c.Manufacturer's installation instructions; new home.All new 4.36single-section manufactured homes and new multisection manufactured homes shall be 5.1installed in compliance with the manufacturer's installation instructions in effect at the 5.2date of manufacture or, when applicable, the Minnesota State Building Code.5.3    Sec. 8. Minnesota Statutes 2008, section 327.32, is amended by adding a subdivision 5.4to read:5.5    Subd. 1d.Manufacturer's installation instructions; used multisection homes.5.6All used multisection manufactured homes shall be installed in compliance with either 5.7the manufacturer's installation instructions in effect at the date of manufacture, approved 5.8addenda or, when applicable, the Minnesota State Building Code.5.9    Sec. 9. Minnesota Statutes 2008, section 327.32, is amended by adding a subdivision 5.10to read:5.11    Subd. 1e.Reinstallation requirements for single-section used manufactured 5.12homes.(a) All single-section used manufactured homes reinstalled less than 24 months 5.13from the date of installation by the first purchaser must be reinstalled in compliance with 5.14subdivision 1c. All single-section used manufactured homes reinstalled more than 24 5.15months from the date of installation by the first purchaser may be reinstalled without 5.16a frost-protected foundation if the home is reinstalled in compliance with Minnesota 5.17Rules, chapter 1350, for above frost-line installations and the notice requirement of 5.18subdivision 1f is complied with by the seller and the purchaser of the single-section used 5.19manufactured home.5.20(b) The installer shall affix an installation seal issued by the department to the 5.21outside of the home as required by the Minnesota State Building Code. The certificate 5.22of installation issued by the installer of record shall clearly state that the home has been 5.23reinstalled with an above frost-line foundation. Fees for inspection of a reinstallation and 5.24for issuance of reinstallation seals shall follow the requirements of sections 326B.802 5.25to 326B.885. Fees for review of plans, specifications, and on-site inspections shall be 5.26those as specified in section 326B.153, subdivision 1, paragraph (c). Whenever an 5.27installation certificate for an above frost-line installation is issued to a single-section used 5.28manufactured home being listed for sale, the purchase agreement must disclose that the 5.29home is installed on a nonfrost-protected foundation and recommend that the purchaser 5.30have the home inspected to determine the effects of frost on the home.5.31    Sec. 10. Minnesota Statutes 2008, section 327.32, is amended by adding a subdivision 5.32to read:6.1    Subd. 1f.Notice requirement.The seller of the single-section used manufactured 6.2home being reinstalled under subdivision 1e shall provide the following notice to the 6.3purchaser and secure signatures of all parties to the purchase agreement on or before 6.4signing a purchase agreement prior to submitting an application for an installation 6.5certificate. Whenever a current owner of a manufactured home reinstalls the manufactured 6.6home under subdivision 1e, the current owner is not required to comply with the notice 6.7requirement under this subdivision. The notice shall be in at least 14-point font, except the 6.8heading, "WHICH MAY VOID WARRANTY," must be in capital letters, in 20-point font. 6.9The notice must be printed on a separate sheet of paper in a color different than the paper 6.10on which the purchase agreement is printed. The notice becomes a part of the purchase 6.11agreement, and it shall be substantially in the following form:6.12"Notice of Reinstalling of a Single-Section Used Manufactured 6.13Home Above Frost-Line;6.14WHICH MAY VOID WARRANTY6.15It is recommended that the single-section used manufactured home being reinstalled 6.16follow the instructions in the manufacturer's installation manual. By signing this notice, 6.17the purchaser(s) are acknowledging they have elected to use footings placed above the 6.18local frost line in accordance with the Minnesota State Building Code.6.19The seller has explained the differences between the manufacturer's installation 6.20instructions and the installation system selected by the purchaser(s) with respect to 6.21possible effects of frost on the manufactured home. 6.22The purchaser(s) acknowledge by signing this notice that there is no manufacturer's 6.23original warranty remaining on the home and recognize that any other extended or ancillary 6.24warranty could be adversely affected if any applicable warranty stipulates that the home 6.25be installed in accordance with the manufacturer's installation manual to remain effective.6.26After the reinstallation of the manufactured home, it is highly recommended that the 6.27purchaser(s) have a licensed manufactured home installer recheck the home's installation 6.28for any releveling needs or anchoring system adjustments each freeze-thaw cycle. 6.29The purchaser(s) of the used manufactured home described below that is being reinstalled 6.30acknowledge they have read this notice and have been advised to contact the manufacturer 6.31of the home and/or the Department of Labor and Industry if they desire additional 6.32information before signing this notice. It is the intent of this notice to inform the 6.33purchaser(s) that the purchaser(s) elected not to use a frost-protected foundation system 6.34for the reinstallation of the manufactured home as originally required by the home's 6.35installation manual.7.1Plain language notice.7.2I understand that because this home will be installed with footings placed above the 7.3local frost-line, this home may be subject to adverse effects from frost heave that may 7.4damage this home. Purchaser(s) initials: .......7.5I understand that the installation of this home with footings placed above the local 7.6frost-line could affect my ability to obtain a mortgage or mortgage insurance on this 7.7home. Purchaser(s) initials: .......7.8I understand that the installation of this home with footings placed above the local 7.9frost-line could void my warranty on the home if any warranty is still in place on this 7.10home. Purchaser(s) initials: .......

7.11Signature of Purchaser(s)7.12..............................date............................................................date..............................7.13......................................................................................................................................7.14Print namePrint name7.157.16(Street address of location where manufactured home is being reinstalled)7.17..............................................................................................................................7.18(City/State/Zip)....................................................................................................7.19Name of manufacturer of home.........................................................................7.20Model and year...................................................................................................7.21Serial number.....................................................................................................

7.22Name of licensed installer and license number or homeowner responsible for the 7.23installation of the home as described above.

7.24Installer name:...................................................................................................7.25License number:................................................................................................"

7.26    Sec. 11.  REPEALER.7.27Minnesota Statutes 2008, sections 327.32, subdivision 4; and 327C.07, subdivisions 7.283, 3a, and 8, are repealed.