2006 Minnesota Statutes

327.33 ADMINISTRATION.
    Subdivision 1. Inspections. The commissioner shall, through the department's inspectors
or through a designated recognized inspection service acting as authorized representative of the
commissioner perform sufficient inspections of manufacturing premises and manufactured homes
to ensure compliance with sections 327.31 to 327.35. The commissioner shall have the exclusive
right to conduct inspections, except for the inspections conducted or authorized by the secretary.
    Subd. 2. Fees. The commissioner shall by rule establish reasonable fees for seals, installation
seals and inspections which are sufficient to cover all costs incurred in the administration of
sections 327.31 to 327.35. The commissioner shall also establish by rule a monitoring inspection
fee in an amount that will comply with the secretary's fee distribution program. This monitoring
inspection fee shall be an amount paid by the manufacturer for each manufactured home produced
in Minnesota. The monitoring inspection fee shall be paid by the manufacturer to the secretary.
The rules of the fee distribution program require the secretary to distribute the fees collected from
all manufactured home manufacturers among states approved and conditionally approved based
on the number of new manufactured homes whose first location after leaving the manufacturer
is on the premises of a distributor, dealer or purchaser in that state. All money collected by the
commissioner through fees prescribed by sections 327.31 to 327.36 shall be deposited in the
state government special revenue fund and is appropriated to the commissioner for the purpose
of administering and enforcing the Manufactured Home Building Code under sections 327.31
to 327.36.
    Subd. 3. Administration and enforcement rules. The commissioner may adopt other rules
as may be necessary to administer and enforce sections 327.31 to 327.35. The rules shall, to the
extent practicable, be uniform with those adopted by other states. All rules shall be adopted in the
manner prescribed by sections 14.001 to 14.69.
    Subd. 4. Installation rules. The commissioner shall adopt rules governing the installation of
manufactured homes, and shall include them in the State Building Code. The rules may include a
list of specific safety items to be inspected at the time of installation.
    Subd. 5. Accessory structures rules. The commissioner shall adopt rules governing the
construction and installation of manufactured home accessory structures including, but not limited
to, rules relating to the certification of prefabricated manufactured home accessory structures.
Upon showing that another state provides for certification of prefabricated manufactured home
accessory structures manufactured in compliance with standards at least equal to those established
by the commissioner, the commissioner may by rule provide that any structure bearing certification
affixed under the authority of that state shall not be required to bear the certification of this state.
    Subd. 6. Authorization as agency. The commissioner shall apply to the secretary for
approval of the commissioner as the administrative agency for the regulation of manufactured
homes under the rules of the secretary. The commissioner may make rules for the administration
and enforcement of department responsibilities as a state administrative agency including, but not
limited to, rules for the handling of citizen's complaints. All money received for services provided
by the commissioner or the department's authorized agents as a state administrative agency shall
be deposited in the general fund. The commissioner is charged with the adoption, administration,
and enforcement of the Manufactured Home Construction and Safety Standards, consistent
with rules and regulations promulgated by the United States Department of Housing and Urban
Development. The commissioner may adopt the rules, codes, and standards necessary to enforce
the standards promulgated under this section. The commissioner is authorized to conduct hearings
and presentations of views consistent with regulations adopted by the United States Department
of Housing and Urban Development and to adopt rules in order to carry out this function.
    Subd. 7. Employees. The commissioner may appoint such employees within the Department
of Administration as deemed necessary for the administration of sections 327.31 to 327.35.
History: 1971 c 409 s 3; 1974 c 273 s 5; 1981 c 365 s 3; 1982 c 424 s 130; 1985 c 248 s 70;
1986 c 444; 1987 c 384 art 2 s 1; 1990 c 422 s 10; 1994 c 465 art 1 s 44; 1997 c 202 art 2 s 43