Illinois General Assembly - Full Text of SB3079
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Full Text of SB3079  99th General Assembly




SB3079 EnrolledLRB099 17780 MGM 42142 b

1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Manufactured Home Quality Assurance Act is
5amended by changing Sections 10, 15, 25, 60, and 65 as follows:
6    (430 ILCS 117/10)
7    Sec. 10. Definitions. In this Act:
8    "Department" means the Illinois Department of Public
10    "Licensed installer" means a person who has successfully
11completed a manufactured home installation course approved by
12the Department and paid the required fees.
13    "Manufactured home" and "mobile home" mean means a
14"manufactured home", as defined in subdivision (53) of Section
159-102 of the Uniform Commercial Code. "Mobile home" means a
16factory-assembled, completely integrated structure,
17constructed on or before June 30, 1976, designed for permanent
18habitation, with a permanent chassis, and so constructed as to
19permit its transport, on wheels temporarily or permanently
20attached to its frame, that is a movable or portable unit that
21is constructed to be towed on its own chassis (comprised of
22frame and wheels) from the place of its construction to the
23location, or subsequent locations, at which it is connected to



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1utilities for year-round occupancy for use as a permanent
2habitation, and designed to be used as a dwelling with or
3without a permanent foundation and situated so as to permit its
4occupancy as a dwelling place for one or more persons. The
5terms "manufactured home" and "mobile home" shall include units
6otherwise meeting their respective definitions containing
7parts that may be folded, collapsed, or telescoped when being
8towed and that may be expected to provide additional cubic
9capacity, and that are designed to be joined into one integral
10unit capable of being separated again into the components for
11repeated towing. The terms "manufactured home" and "mobile
12home" exclude campers and recreational vehicles.
13    "Manufacturer" means a manufacturer of a manufactured
14home, whether the manufacturer is located within or outside of
15the State of Illinois.
16    "Mobile home" or "manufactured home" does not include a
17modular home.
18    "Mobile home park" means a tract of land or 2 contiguous
19tracts of land that contain sites with the necessary utilities
20for 5 or more mobile homes or manufactured homes. A mobile home
21park may be operated either free of charge or for revenue
23(Source: P.A. 98-749, eff. 7-16-14.)
24    (430 ILCS 117/15)
25    Sec. 15. Enforcement of setup standards. The Department is



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1responsible for enforcing setup standards mandated by the
2United States Department of Housing and Urban Development as
3set forth in manufacturers' specifications pursuant to Section
43285.2(a) of Title 24 of the Code of Federal Regulations, 24
5C.F.R. 3285.2(a). In the absence of manufacturer's
6specifications, the Department must provide installation
8(Source: P.A. 92-410, eff. 1-1-02.)
9    (430 ILCS 117/25)
10    Sec. 25. Installation of home; installer's license; fees;
11display of license. All manufactured homes installed after
12December 31, 2001 shall be installed under the immediate onsite
13supervision of a licensed manufactured home installer. The fee
14for the issuance and renewal of an installer's license is $150
15per year. In addition, a fee of $50 shall $25 must be paid by
16the licensed installer responsible for the installation for
17each manufactured home installed as evidenced by the installers
18affixing of a Department-issued seal to the home and filing of
19an installation certificate with the Department. A licensed
20installer shall must provide proof of licensing at the
21installation site at all times during the installation. The
22licensed installer responsible for the installation shall must
23disclose the place of manufactured home delivery and the name
24of the buyer to the Department. When the Department is required
25to inspect the installation of a manufactured home, a fee of



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1$395 shall be paid to the Department by the installer for each
2inspection made. When a Department-approved third party
3inspects the installation of a manufactured home, the installer
4shall pay an inspection fee not to exceed $395 to the person
5performing the inspection. A report of the installation
6inspection shall be made in a manner prescribed by the
7Department. The Department shall by rule establish the
8qualifications and manner in which third parties may be
9approved to inspect manufactured housing inspections.
10(Source: P.A. 92-410, eff. 1-1-02.)
11    (430 ILCS 117/60)
12    Sec. 60. Exclusive State power or function. It is declared
13to be the public policy of this State, pursuant to paragraph
14(h) of Section 6 of Article VII of the Illinois Constitution of
151970, that any power or function set forth in this Act to be
16exercised by the State is an exclusive State power or function.
17Such power or function shall not be exercised concurrently,
18either directly or indirectly, by any unit of local government
19to which this Act applies, including home rule units, except as
20otherwise provided in this Act.
21    The Department may adopt all rules necessary to implement
22this Act. Such rules shall provide for the Department to
23inspect manufactured home installations, require correction of
24violations, and perform other duties mandated by the United
25States Department of Housing and Urban Development pursuant to



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1Section 3286.803 of Title 24 of the Code of Federal
2Regulations, 24 C.F.R. 3286.803. The Department may require and
3approve non-governmental inspectors or inspection agencies,
4provided the Department shall at all times exercise supervisory
5control over such inspectors or agencies to insure effective
6and uniform enforcement consistent with the rules adopted by
7the Department.
8(Source: P.A. 92-410, eff. 1-1-02.)
9    (430 ILCS 117/65)
10    Sec. 65. Applicability. This Act does not apply to home
11rule municipalities with a population in excess of 1,000,000 so
12long as exempt municipalities adopt rules to inspect
13manufactured home installations, require correction of
14violations, and perform other duties mandated by the United
15States Department of Housing and Urban Development pursuant to
16Section 3286.803 of Title 24 of the Code of Federal
17Regulations, 24 C.F.R. 3286.803. Exempt municipalities may
18require and approve non-governmental inspectors or inspection
19agencies, provided the exempt municipalities shall at all times
20exercise supervisory control over such inspectors or agencies
21to insure effective and uniform enforcement consistent with the
22rules adopted by the exempt municipalities.
23(Source: P.A. 92-410, eff. 1-1-02.)
24    Section 99. Effective date. This Act takes effect upon
25becoming law.



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2 Statutes amended in order of appearance
3    430 ILCS 117/10
4    430 ILCS 117/15
5    430 ILCS 117/25
6    430 ILCS 117/60
7    430 ILCS 117/65