Minnesota Legislature
HF 3024
2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 04/08/2010 01:25pm
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/16/2010 | |
| 1st Engrossment | Posted on 03/22/2010 | |
| 2nd Engrossment | Posted on 04/08/2010 |
| Committee Engrossments | ||
|---|---|---|
| 1st Committee Engrossment | Posted on 03/08/2010 |
Current Version - 2nd Engrossment
1.8 1.9 1.10 1.11 1.12
1.13 1.14 1.15 1.16 1.17
1.18 1.19 1.20 1.21
1.22 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10
2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25
4.26 4.27 4.28 4.29 4.30 4.31 4.32
4.33 4.34 4.35 4.36 5.1 5.2
5.3 5.4 5.5 5.6 5.7 5.8
5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30
5.31 5.32 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 6.35 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25
7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 7.35 7.36 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8
8.9 8.10 8.11
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,
subdivision 17, by adding subdivisions; 327.32, subdivision 1, by adding
subdivisions; 327.34, subdivision 1; repealing Minnesota Statutes 2008, sections
327.32, subdivision 4; 327C.07, subdivisions 3a, 8.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 327.31, subdivision 17, is amended to read:
Subd. 17.
Installation.
"Installation" of a manufactured home means deleted text begin assemblydeleted text end new text begin
installation or reinstallationnew text end , at the site of occupancy, of all portions of a manufactured
home, connection of the manufactured home to existing utility connections and installation
of support and/or anchoring systems.
Sec. 2.
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. 3.
Minnesota Statutes 2008, section 327.31, is amended by adding a subdivision
to read:
new text begin Subd. 22. new text end
new text begin Seller. new text end
new text begin
"Seller" means either the homeowner, manufactured home retailer
or dealer, broker, or limited dealer or retailer.
new text end
Sec. 4.
Minnesota Statutes 2008, section 327.32, subdivision 1, is amended to read:
Subdivision 1.
Requirementnew text begin ; new manufactured homesnew text end .
No person shall selldeleted text begin ,deleted text end
or offer for saledeleted text begin ,deleted text end in this statedeleted text begin ,deleted text end any new text begin new new text end manufactured home deleted text begin manufactured after July 1,
1972,deleted text end new text begin ornew text end manufacture any manufactured home in this state deleted text begin or install for occupancy any
manufactured home manufactured after July 1, 1972, in any manufactured home park in
this statedeleted text end unless the manufactured home complies with the Manufactured Home Building
Code anddeleted text begin :deleted text end new text begin bears a label as required by the secretary.new 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; or
deleted text end
deleted text begin
(b) if manufactured after June 14, 1976, bears a label as required by the secretary.
deleted text end
Sec. 5.
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 Requirement; used manufactured homes. new text end
new text begin
No person shall sell or
offer for sale in this state any used manufactured home manufactured after June 14,
1976, or install for occupancy any used manufactured home manufactured after June
14, 1976, unless the used manufactured home complies with the 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.
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.
new text end
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 transfer ownership of a used manufactured home constructed
after June 14, 1976.
new text end
new text begin
Electric ranges and clothes dryers must have required four-conductor cords and plugs.
new text end
|
new text begin
Complies .......... new text end |
new text begin
Correction required .......... new text end |
|
new text begin
Initialed by Responsible Party: Buyer .......... new text end |
new text begin
Seller .......... new text end |
new text begin
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)).
new text end
|
new text begin
Complies .......... new text end |
new text begin
Correction required .......... new text end |
|
new text begin
Initialed by Responsible Party: Buyer .......... new text end |
new text begin
Seller .......... new text end |
new text begin
Gas water heaters and furnaces must be listed for manufactured home use, Code of Federal
Regulations, title 24, section 3280.709(a) and (d)(1) and (2) and installed correctly, in
accordance with their listing or standards.
new text end
|
new text begin
Complies .......... new text end |
new text begin
Correction required .......... new text end |
|
new text begin
Initialed by Responsible Party: Buyer .......... new text end |
new text begin
Seller .......... new text end |
new text begin
Smoke alarms are required to be installed and operational in accordance with Code of
Federal Regulations, title 24, section 3280.208.
new text end
|
new text begin
Complies .......... new text end |
new text begin
Correction required .......... new text end |
|
new text begin
Initialed by Responsible Party: Buyer .......... new text end |
new text begin
Seller .......... new text end |
new text begin
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.
new text end
|
new text begin
Complies .......... new text end |
new text begin
Correction required .......... new text end |
|
new text begin
Initialed by Responsible Party: Buyer .......... new text end |
new text begin
Seller .......... new text end |
new text begin
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.
new text end
|
new text begin
Complies .......... new text end |
new text begin
Correction required .......... new text end |
|
new text begin
Initialed by Responsible Party: Buyer .......... new text end |
new text begin
Seller .......... new text end |
new text begin
The furnace compartment of the home is required to have interior finish with a flame
spread rating not exceeding 25 feet, as specified in the 1976 United States Department of
Housing and Urban Development Code governing manufactured housing construction.
new text end
|
new text begin
Complies .......... new text end |
new text begin
Correction required .......... new text end |
|
new text begin
Initialed by Responsible Party: Buyer .......... new text end |
new text begin
Seller .......... new text end |
new text begin
The water heater enclosure in this home is required to have interior finish with a flame
spread rating not exceeding 25 feet, as specified in the 1976 United States Department of
Housing and Urban Development Code governing manufactured housing construction.
new text end
|
new text begin
Complies .......... new text end |
new text begin
Correction required .......... new text end |
|
new text begin
Initialed by Responsible Party: Buyer .......... new text end |
new text begin
Seller .......... new text end |
new text begin
The home complies with the snowload and heat zone requirements for the state of
Minnesota as indicated by the data plate.
new text end
|
new text begin
Complies .......... new text end |
new text begin
Correction required .......... new text end |
|
new text begin
Initialed by Responsible Party: Buyer .......... new text end |
new text begin
Seller .......... new text end |
new text begin
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 327.33, prior to or after the sale to ensure compliance was
properly executed as provided under the Manufactured Home Building Code.
new text end
|
new text begin
Signature of Purchaser(s) of Home new text end |
|
|
new text begin
..............................date.............................. new text end |
new text begin
..............................date.............................. new text end |
|
new text begin
....................................................................... new text end |
new text begin
....................................................................... new text end |
|
new text begin
Print name as appears on purchase agreement new text end |
new text begin
Print name as appears on purchase agreement new text end |
|
new text begin
Signature of Seller(s) of Home new text end |
|
|
new text begin
..............................date.............................. new text end |
new text begin
..............................date.............................. new text end |
|
new text begin
....................................................................... new text end |
new text begin
....................................................................... new text end |
|
new text begin
Print name and license number, if applicable new text end |
new text begin
Print name and license number, if applicable new text end |
|
new text begin
(Street address of home at time of sale) new text end |
|
|
new text begin
................................................................................................................................ new text end |
|
|
new text begin
(City/State/Zip)....................................................................................................... new text end |
|
|
new text begin
Name of manufacturer of home............................................................................ new text end |
|
|
new text begin
Model and Year..................................................................................................... new text end |
|
|
new text begin
new text begin Serial Number........................................................................................................new text end " new text end |
|
Sec. 6.
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 Alternative design plan. new text end
new text begin
An alternative frost-free design slab that is
submitted to the department, stamped by a licensed professional engineer or architect,
and is in compliance with either the federal installation standards in effect at the date of
manufacture or the Minnesota State Building Code, when applicable, shall be issued a
permit by the department within ten days.
new text end
Sec. 7.
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 Manufacturer's installation instructions; new home. new text end
new text begin
All new
single-section manufactured homes and new multisection manufactured homes shall be
installed in compliance with either the manufacturer's installation instructions in effect at
the date of manufacture or, when applicable, the Minnesota State Building Code.
new text end
Sec. 8.
Minnesota Statutes 2008, section 327.32, is amended by adding a subdivision
to read:
new text begin Subd. 1d. new text end
new text begin
Manufacturer's installation instructions; used multisection homes.
new text end
new text begin
All used multisection manufactured homes shall be installed in compliance with either
the manufacturer's installation instructions in effect at the date of manufacture, approved
addenda or, when applicable, the Minnesota State Building Code.
new text end
Sec. 9.
Minnesota Statutes 2008, section 327.32, is amended by adding a subdivision
to read:
new text begin Subd. 1e. new text end
new text begin
Reinstallation requirements for single-section used manufactured
homes.
new text end
new text begin
(a) All single-section used manufactured homes reinstalled less than 24 months
from the date of installation by the first purchaser must be reinstalled in compliance with
subdivision 1c. All single-section used manufactured homes reinstalled more than 24
months from the date of installation by the first purchaser may be reinstalled without
a frost-protected foundation if the home is reinstalled in compliance with Minnesota
Rules, chapter 1350, for above frost-line installations and the notice requirement of
subdivision 1f is complied with by the seller and the purchaser of the single-section used
manufactured home.
new text end
new text begin
(b) The installer shall affix an installation seal issued by the department to the
outside of the home as required by the Minnesota State Building Code. The certificate
of installation issued by the installer of record shall clearly state that the home has been
reinstalled with an above frost-line foundation. Fees for inspection of a reinstallation and
for issuance of reinstallation seals shall follow the requirements of sections 326B.802
to 326B.885. Fees for review of plans, specifications, and on-site inspections shall be
those as specified in section 326B.153, subdivision 1, paragraph (c). Whenever an
installation certificate for an above frost-line installation is issued to a single-section used
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 on the home.
new text end
Sec. 10.
Minnesota Statutes 2008, section 327.32, is amended by adding a subdivision
to read:
new text begin Subd. 1f. 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 1e 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 1e, the current owner is not required to comply with the notice
requirement under this subdivision. The notice shall be in at least 14-point font, except the
heading, "WHICH MAY VOID WARRANTY," must be in capital letters, in 20-point font.
The notice must be printed on a separate sheet of paper in a color different than the paper
on which the purchase agreement is printed. The notice becomes a part of the purchase
agreement, and it 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;
new text end
new text begin
WHICH MAY VOID WARRANTY
new text end
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 Minnesota State Building Code.
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 manufactured home.
new text end
new text begin
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 freeze-thaw cycle.
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.
new text end
new text begin
Plain language notice.
new text end
new text begin
I understand that because this home will be installed with footings placed above the
local frost-line, this home may be subject to adverse effects from frost heave that may
damage this home. Purchaser(s) initials: .......
new text end
new text begin
I understand that the installation of this home with footings placed above the local
frost-line could affect my ability to obtain a mortgage or mortgage insurance on this
home. Purchaser(s) initials: .......
new text end
new text begin
I understand that the installation of this home with footings placed above the local
frost-line could void my warranty on the home if any warranty is still in place on this
home. Purchaser(s) initials: .......
new text end
|
new text begin
Signature of Purchaser(s) new text end |
|
|
new text begin
..............................date.............................. new text end |
new text begin
..............................date.............................. new text end |
|
new text begin
................................................................... new text end |
new text begin
................................................................... new text end |
|
new text begin
Print name new text end |
new text begin
Print name new text end |
|
new text begin
(Street address of location where manufactured home is being reinstalled) new text end |
|
|
new text begin
.............................................................................................................................. new text end |
|
|
new text begin
(City/State/Zip).................................................................................................... new text end |
|
|
new text begin
Name of manufacturer of home......................................................................... new text end |
|
|
new text begin
Model and year................................................................................................... new text end |
|
|
new text begin
Serial number..................................................................................................... new text end |
|
new text begin
Name of licensed installer and license number or homeowner responsible for the
installation of the home as described above.
new text end
|
new text begin
Installer name:................................................................................................... new text end |
|
new text begin
License number:................................................................................................" new text end |
Sec. 11.
Minnesota Statutes 2008, section 327.34, subdivision 1, is amended to read:
Subdivision 1.
Generally.
It shall be a misdemeanor for any person,
(a) to sell, lease, or offer to sell or lease, any manufactured home manufactured
after deleted text begin July 1, 1972deleted text end new text begin June 14, 1976,new text end which does not comply with the Manufactured Home
Building Code or which does not bear a seal or label as required by sections 327.31 to
327.34, unless the action is subject to the provisions of section 327.35;
(b) to affix a seal or label, or cause a seal or label to be affixed, to any manufactured
home which does not comply with the Manufactured Home Building Code unless the
action is subject to the provisions of section 327.35;
(c) to alter a manufactured home manufactured after deleted text begin July 1, 1972deleted text end new text begin June 14, 1976new text end ,
in a manner prohibited by sections 327.31 to 327.34; new text begin ornew text end
(d) to fail to correct a Manufactured Home Building Code violation in a
manufactured home manufactured after deleted text begin July 1, 1972deleted text end new text begin June 14, 1976new text end , which is owned,
manufactured, or sold by that person, within 40 days of being ordered to do so in writing
by an authorized representative of the commissioner, unless the correction is subject to the
provisions of section 327.35deleted text begin ; ordeleted text end new text begin .
new text end
deleted text begin
(e) to interfere with, obstruct, or hinder any authorized representative of the
commissioner in the performance of duties relating to manufactured homes manufactured
after July 1, 1972, and prior to June 15, 1976.
deleted text end
Sec. 12. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2008, sections 327.32, subdivision 4; and 327C.07, subdivisions
3a and 8,
new text end
new text begin
are repealed.
new text end