Minnesota Legislature
HF 342
as introduced - 87th Legislature (2011 - 2012) Posted on 02/02/2011 09:36am
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A bill for an act
relating to manufactured homes; providing for inspections; modifying alternative
design plans and reinstallation requirements; amending Minnesota Statutes
2010, sections 327.32, subdivisions 1a, 1b, 1e; 327.33, subdivision 1, by adding
subdivisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 327.32, subdivision 1a, is amended to read:
Subd. 1a.
Requirement; used manufactured homes.
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.
The Notice of Compliance Form shall be substantially in the following form:
"Notice of Compliance Form as required in Minnesota Statutes,
section 327.32, subdivision 1
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.
Electric ranges and clothes dryers must have required four-conductor cords and plugs.new text begin For
the purpose of complying with the requirements of section 327B.06, a licensed retailer or
limited retailer shall retain at least one copy of the form required under this subdivision.
new text end
| Complies .......... |
Correction required .......... |
| Initialed by Responsible Party: Buyer .......... |
Seller .......... |
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)).
| Complies .......... |
Correction required .......... |
| Initialed by Responsible Party: Buyer .......... |
Seller .......... |
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.
| Complies .......... |
Correction required .......... |
| Initialed by Responsible Party: Buyer .......... |
Seller .......... |
Smoke alarms are required to be installed and operational in accordance with Code of
Federal Regulations, title 24, section 3280.208.
| Complies .......... |
Correction required .......... |
| Initialed by Responsible Party: Buyer .......... |
Seller .......... |
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.
| Complies .......... |
Correction required .......... |
| Initialed by Responsible Party: Buyer .......... |
Seller .......... |
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.
| Complies .......... |
Correction required .......... |
| Initialed by Responsible Party: Buyer .......... |
Seller .......... |
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.
| Complies .......... |
Correction required .......... |
| Initialed by Responsible Party: Buyer .......... |
Seller .......... |
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.
| Complies .......... |
Correction required .......... |
| Initialed by Responsible Party: Buyer .......... |
Seller .......... |
The home complies with the snowload and heat zone requirements for the state of
Minnesota as indicated by the data plate.
| Complies .......... |
Correction required .......... |
| Initialed by Responsible Party: Buyer .......... |
Seller .......... |
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.
| Signature of Purchaser(s) of Home |
|
| ..............................date.............................. |
..............................date.............................. |
| ................................................................... |
................................................................... |
| Print name as appears on purchase agreement |
Print name as appears on purchase agreement |
| Signature of Seller(s) of Home |
|
| ..............................date.............................. |
..............................date.............................. |
| ................................................................... |
................................................................... |
| Print name and license number, if applicable |
Print name and license number, if applicable |
| (Street address of home at time of sale) |
|
| ................................................................................................................................ |
|
| (City/State/Zip)....................................................................................................... |
|
| Name of manufacturer of home............................................................................ |
|
| Model and year..................................................................................................... |
|
| Serial number........................................................................................................" |
|
Sec. 2.
Minnesota Statutes 2010, section 327.32, subdivision 1b, is amended to read:
Subd. 1b.
Alternative design plan.
An alternative frost-free design slab new text begin for a new
or used manufactured home new text end that is submitted to the new text begin local building official, third-party
inspector, or the new text end department, stamped by a licensed professional engineer or architectdeleted text begin , and
isdeleted text end new text begin as beingnew text end in compliance with either the federal installation standards in effect at the date
of manufacturenew text begin , the manufacturer's installation manual, new text end or the Minnesota State Building
Code, when applicable, shall be issued a permit deleted text begin by the departmentdeleted text end within ten daysnew text begin of
being received by the approving authoritynew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective .......
new text end
Sec. 3.
Minnesota Statutes 2010, section 327.32, subdivision 1e, is amended to read:
Subd. 1e.
Reinstallation requirements for deleted text begin single-sectiondeleted text end used manufactured
homes.
(a) All deleted text begin single-sectiondeleted text end 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 deleted text begin single-sectiondeleted text end 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 deleted text begin single-sectiondeleted text end used
manufactured home.
(b) The installer shall affix an installation seal issued by the deleted text begin departmentdeleted text end new text begin permitting
authoritynew text end 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
deleted text begin single-sectiondeleted text end 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 begin EFFECTIVE DATE. new text end
new text begin
This section is effective .......
new text end
Sec. 4.
Minnesota Statutes 2010, section 327.33, subdivision 1, is amended to read:
Subdivision 1.
Inspections.
The commissionernew text begin , municipality, licensed manufactured
home installer, or manufactured home ownernew text end shall, through the department's inspectorsnew text begin ,
municipal inspectors, new text end or through a designated recognized inspection service deleted text begin acting
as authorized representative of the commissionerdeleted text end perform sufficient inspections of
manufacturing premises and manufactured homes to ensure compliance with sections
327.31 to 327.35. deleted text begin The commissioner shall have the exclusive right to conduct inspections,
except for the inspections conducted or authorized by the secretary.deleted text end new text begin A licensed
manufactured home installer must retain for at least five years any inspection sign-off
form issued by a local building official or recognized inspection service. The installer
must also provide an exact duplicate copy of the inspection sign-off form to the licensed
manufactured home retailer involved in the sale of the home within 14 days of the final
inspection.new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective .......
new text end
Sec. 5.
Minnesota Statutes 2010, section 327.33, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Fee schedule. new text end
new text begin
Municipalities which have adopted the State Building Code
may provide inspection services in noncode areas of the state. Fees for inspections in
areas that have not adopted the State Building Code must be equal to fees for inspections
done in areas that have adopted the code.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective .......
new text end
Sec. 6.
Minnesota Statutes 2010, section 327.33, is amended by adding a subdivision
to read:
new text begin Subd. 1b. new text end
new text begin Commissioner's fee. new text end
new text begin
An additional fee of $....... shall be paid to
the department for each final inspection of a new or used manufactured home. The
commissioner shall use the fee imposed under this section to enhance communication with
local building officials and include updates to the Manufactured Home Building Code in
the continuing education programs for local building officials.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective .......
new text end
Sec. 7.
Minnesota Statutes 2010, section 327.33, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin Dispute resolution. new text end
new text begin
Notwithstanding any other law or rule to the contrary,
disputes arising from the enforcement or administration of sections 327.31 to 327.35 shall
be resolved under the procedures in effect for resolving disputes under section 327A.051.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective .......
new text end