Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 406-H.F.No. 1611
           An act relating to commerce; manufactured homes; 
          clarifying provisions relating to manufactured home 
          safety features; amending Minnesota Statutes 1983 
          Supplement, sections 327C.02, subdivision 5; and 
          327C.07, subdivisions 3a and 8.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1983 Supplement, section 
327C.02, subdivision 5, is amended to read: 
    Subd. 5.  [WRITTEN NOTICE REQUIRED.] The following notice 
printed verbatim in boldface type of a minimum size of ten 
points must be given to a prospective resident before he or she 
is asked to sign a rental agreement.  The notice and the safety 
feature disclosure form required under section 327C.07, 
subdivision 3a, must be posted in a conspicuous and public 
location in the park: 

                           "IMPORTANT NOTICE 
    State law provides special rules for the owners and 
residents of manufactured home parks. 
    You may keep your home in the park as long as the park is 
in operation and you meet your financial obligations, obey state 
and local laws which apply to the park, obey reasonable park 
rules, do not substantially annoy or endanger the other 
residents or substantially endanger park personnel and do not 
substantially damage the park premises.  You may not be evicted 
or have your rent increased or your services cut for complaining 
to the park owner or to a governmental official. 
      If you receive an eviction notice and do not leave the 
park, the park owner may take you to court.  If you lose in 
court a sheriff may remove you and your home from the park 
within seven days.  Or, the court may require you to leave the 
park within seven days but give you 60 days to sell the home 
within the park. 
      All park rules and policies must be reasonable.  Your rent 
may not be increased more than twice a year.  Changes made in 
park rules after you become a park resident will not apply to 
you if they substantially change your original agreement. 
     The park may not charge you an entrance fee.  
      The park may require a security deposit, but the deposit 
must not amount to more than two months rent. 
     You have a right to sell the home in the park.  But the 
sale is not final until the park owner approves the buyer as a 
new resident, and you must advise in writing anyone who wants to 
buy your home that the sale is subject to final approval by the 
park owner.  You must also disclose in writing certain safety 
information about your home to anyone who wants to buy it in the 
park.  You must give this information to the buyer before the 
sale, in writing, on the form that is attached to this notice.  
You must completely and accurately fill out the form and you and 
the buyer should each keep a copy.  
    Your rental agreement and the park rules contain important 
information about your rights and duties.  Read them carefully 
and keep a copy. 
    For further information concerning your rights, consult a 
private attorney.  The state law governing the rental of lots in 
manufactured home parks may also be enforced by the Minnesota 
Attorney General." 
    In addition, the safety feature disclosure form required 
under section 327C.07, subdivision 3a, must be attached to the 
notice.  
    Sec. 2.  Minnesota Statutes 1983 Supplement, section 
327C.07, subdivision 3a, is amended to read:  
    Subd. 3a.  [SAFETY FEATURE DISCLOSURE FORM.] A resident or 
a resident's agent shall disclose information about safety 
features of the home to the prospective buyer.  The information 
must be given to the buyer before the sale, in writing, in the 
following form:  

      "MANUFACTURED (MOBILE) HOME SAFETY FEATURE DISCLOSURE FORM 
    This form is required by law to be filled out and given to 
the prospective buyer of any used manufactured home by all 
private parties, dealers, and brokers.  

                       EXITS AND EGRESS WINDOWS 
    This home has at least one egress window in each bedroom, 
or a window in each bedroom that meets the specifications of the 
American National Standard Institute 1972 code Standard A119.1 
covering manufactured homes made in Minnesota.  This code 
standard requires that the window be at least 22 inches in least 
dimension, and at least five square feet in area, and that the 
window be not more than four feet off the floor.  Egress windows 
installed in compliance with the U.S. Department of Housing and 
Urban Development Manufactured Home Standards or the State 
Building Code are deemed to meet the requirements of this 
section.  
                              Yes .....    No ..... 
    This home has ...... (number) of exits.  They are located 
................................... .  

                SMOKE DETECTORS AND FIRE EXTINGUISHERS 
    This home is equipped with fire extinguishers as required 
by the Minnesota state health department.  
                              Yes .....    No ..... 
    They are located ...................................... 
.......................................................  
    This home is equipped with at least one listed automatic 
smoke detector outside each sleeping area as required in homes 
built in accordance with the state building code.  
                              Yes .....    No ..... 
ALUMINUM ELECTRICAL WIRING 
    This home has aluminum electrical wiring.  
                              Yes .....    No ..... 
    Aluminum electrical wiring can present a fire hazard in 
homes.  The special hazards presented by aluminum electrical 
wiring can be eliminated by certain repairs, as recommended by 
the U.S. Consumer Product Safety Commission.  
    A.  The wiring connections to the outlets in this home have 
been crimped, and the connection point is now copper. 
                              Yes .....    No ..... 
    B.  This home has electrical outlets and switches 
compatible with aluminum electrical wiring. 
                              Yes .....    No ..... 
    C.  Other action has been taken to eliminate or reduce the 
danger caused by aluminum electrical wiring in this home.  
(Describe) 
.......................................................... 
.......................................................... (The 
buyer may check the effectiveness of these methods by contacting 
the U.S. Consumer Product Safety Commission.) 
 FURNACE AND HOT WATER HEATER 
    The furnace compartment in this home is lined with 
fire-resistant gypsum board, as specified in the 1976 U.S. 
Department of Housing and Urban Development codes governing 
manufactured housing construction.  
                              Yes .....    No ..... 
    The hot water heater cabinet enclosure in this home is 
lined with fire-resistant gypsum board, as specified in the 1976 
U.S. Department of Housing and Urban Development codes governing 
manufactured housing construction.  
                              Yes .....    No ..... 
 WOOD SOLID FUEL BURNING STOVE AND FIREPLACE 
    This home contains a wood solid fuel burning stove.  This 
stove was installed by the manufacturer of the home after June 
15, 1976, and was inspected for compliance with the U.S. 
Department of Housing and Urban Development safety codes 
Manufactured Home Standards.  
                              Yes .....    No ..... 
    This home contains a wood solid fuel burning stove.  This 
wood stove unit is approved for installation in manufactured 
homes.  It was installed by ......................... in 
accordance with the manufacturer's guidelines.  A building 
permit for this wood stove was issued by the city of 
...................., and this wood stove installation has been 
approved by the building inspector official.  
                              Yes .....    No ..... 
    This home contains a solid fuel burning fireplace.  The 
fireplace was installed by the manufacturer of the home after 
June 15, 1976, and was inspected for compliance with the U.S. 
Department of Housing and Urban Development safety codes 
Manufactured Home Standards.  
                              Yes......    No...... 
    This home contains a solid fuel burning fireplace.  This 
fireplace unit is approved for installation in manufactured 
homes.  It was installed by ......................... in 
accordance with the manufacturer's guidelines.  A building 
permit for this fireplace was issued by the city of 
...................., and this fireplace installation has been 
approved by the building inspector official.  
                              Yes......    No...... 
BLOCKING SUPPORT SYSTEM 
    This home is supported by blocking a support system, as 
required by state code since September 1, 1974.  
                              Yes......    No...... 

           RECOMMENDATIONS TO PROSPECTIVE BUYERS:  HEAT TAPE 
    It is also recommended that the buyer check the home's heat 
tape.  Old and worn heat tape, and improper installation of heat 
tape, can cause a fire hazard.  
FURNACE AND HOT WATER HEATER 
    It is recommended that the buyer have a qualified utility 
representative check the furnace and hot water heater to see 
that they are both in good working order.  If this home was 
converted from oil to natural gas heat, there could be safety 
problems if the conversion was not done correctly.  A utility 
representative or building inspector official can inspect the 
condition and installation of this equipment.  They may charge a 
reasonable fee to do so.  It is also recommended that the buyer 
check the floor area around the water heater and furnace 
compartments.  A weakened floor can create a fire hazard.  

                             ENERGY AUDIT 
    It is also recommended that the buyer have a utility 
approved energy audit of the home.  

                    COMPLIANCE WITH SAFETY FEATURES 
    If you purchase the home, you will be required to install 
egress windows and smoke detectors and fire extinguishers within 
one year.  You will be required to comply with all of the safety 
features contained in this form within three years.  
    I, .........................., the undersigned, hereby 
declare that the above information is true and correct to the 
best of my knowledge.  
                               ......................... 
                              Signature 
                              ...........................
                              Date"
    A park owner shall provide a resident or a resident's agent 
with a copy of the safety feature disclosure form upon request.  
    Sec. 3.  Minnesota Statutes 1983 Supplement, section 
327C.07, subdivision 8, is amended to read:  
    Subd. 8.  [COMPLIANCE WITH HOME SAFETY FEATURES.] Within 12 
months following the in park sale of a home for which a home 
safety feature disclosure form has been provided under 
subdivision 3a, the buyer shall install egress windows meeting 
the specifications of the American National Standard Institute 
1972 code Standard A119.1 covering manufactured homes made in 
Minnesota and.  Within 30 days following the in park sale of a 
home for which a home safety feature disclosure form has been 
provided under subdivision 3a, the buyer shall install fire 
extinguishers and smoke detectors as required by the Minnesota 
state health department and state building code. 
    In addition to the previous requirements, within three 
years following the sale or upon the resale of the home the 
buyer shall install the following home safety features:  
    (a) Necessary aluminum electrical wiring repairs conforming 
with the recommendations of the consumer product safety 
commission;  
    (b) Fire-resistant Gypsum board lining or similar 
fire-resistant material for furnaces and hot water heaters 
heater enclosures conforming with the 1976 department of housing 
and urban development codes Manufactured Home Standards;  
    (c) If the home contains a wood solid fuel burning stove or 
fireplace, installation in conformance with 1976 department of 
housing and urban development safety codes Manufactured Home 
Standards; and 
    (d) Blocking supports Support systems as required by the 
state building code.  
    Following installation of the safety features required 
under this subdivision, the home must be inspected by a state 
certified building inspector official.  The inspector official 
may charge a reasonable fee, not to exceed $50, for the 
inspection.  The homeowner shall give the park owner a 
certificate of inspection certifying that the home safety 
features required under this subdivision have been installed.  
This subdivision does not impose any duty or obligation upon a 
broker, dealer, lender, or park owner to monitor completion of 
any repairs required, nor does it impose liability on any 
broker, dealer, lender, or park owner for any injury or claim of 
whatever nature, which may arise as a result of the failure of 
the buyer of the home to comply with the home safety features 
required herein.  Failure to comply with the requirements of 
this subdivision is a park rule violation for purposes of 
section 327C.09.  
    Sec. 4.  [EFFECTIVE DATE.] 
    Sections 1 to 3 are effective August 1, 1984. 
    Approved April 19, 1984