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91_HB3928
LRB9111631STsb
1 AN ACT concerning factory built housing.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Factory Built Housing Ombudsman Act.
6 Section 5. Purpose. The purpose of this Act is to assure
7 that the people of Illinois who purchase factory built
8 housing receive a quality product installed to correct
9 specifications.
10 Section 10. Definitions. In this Act:
11 "Factory built housing" or "factory built home" means a
12 structure designed for permanent habitation and so
13 constructed as to permit its transport on wheels, temporarily
14 or permanently attached to its frame, from the place of its
15 construction to the location, or subsequent locations, at
16 which it is intended to be a permanent habitation and
17 designed to permit the occupancy thereof as a dwelling place
18 for one or more persons. The term "factory built home" shall
19 include manufactured homes constructed after June 30, 1976 in
20 accordance with the federal National Manufactured Housing
21 Construction and Safety Standards Act of 1974.
22 "Installer" means a person, including a company, that
23 installs factory built homes in the State of Illinois.
24 "Manufacturer" means a manufacturer of a factory built
25 home, whether the factory is located within or outside of the
26 State of Illinois.
27 "Mobile home park" means a tract of land or 2 or more
28 contiguous tracts of land which contain sites with the
29 necessary utilities for 5 or more factory built homes either
30 free of charge or for revenue purposes.
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1 "Secretary" means the Secretary of State of Illinois.
2 Section 15. Manufacturer's license; fees. No person may
3 manufacture a factory built home that is sold in the State of
4 Illinois unless the Secretary has issued to that person a
5 license under this Section. Each manufacturer's license
6 issued or renewed shall be valid for a term of one year. The
7 fee for the issuance and renewal of a manufacturer's license
8 is $500 per year. In addition, a fee of $450 shall be paid
9 by a licensed manufacturer for each factory built home that
10 is shipped into Illinois. With each shipment of a factory
11 built home into Illinois, the manufacturer shall disclose the
12 place of delivery and the name of the buyer to the Secretary
13 in a manner required by the Secretary.
14 Section 20. Installer's license; fees; display of
15 license. No person may install a factory built home in the
16 State of Illinois unless the Secretary has issued to that
17 person a license under this Section. The fee for the issuance
18 and renewal of an installer's license is $150 per year. In
19 addition, a fee of $50 shall be paid by each licensed
20 installer for each factory built home installed. A licensed
21 installer must display its installation license in a
22 prominent location at the installation site at all times
23 during the installation.
24 Section 25. Installer employees. No person may
25 participate as an installer employee in the on-site operation
26 of an installer unless that person has satisfactorily
27 completed the Illinois Manufactured Housing Association
28 "setup" course or other training approved by the Secretary.
29 Section 30. Ombudsman.
30 (a) This Act shall be administered by the Factory Built
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1 Housing Ombudsman appointed by the Secretary. The ombudsman
2 and such other personnel as the Secretary considers necessary
3 shall perform the following duties:
4 (1) issue manufacturer's licenses and collect fees;
5 (2) review complaints from owners regarding the
6 quality of their factory built homes;
7 (3) issue installer's licenses and collect fees;
8 (4) review complaints from owners regarding the
9 quality of the installation of their factory built homes.
10 (b) The ombudsman shall, in reviewing complaints under
11 paragraphs (2) and (4) of subsection (a), ensure that
12 licensees provide to homeowners the address of an appropriate
13 party to which homeowners may submit complaints in writing
14 and the telephone number of an appropriate party which
15 homeowners may call to submit oral complaints and to inquire
16 about action on complaints.
17 (c) Within 30 days after reporting a complaint to an
18 appropriate party under subsection (b), the homeowner may
19 contact the ombudsman's office to report any dissatisfaction
20 with a licensee's response to the complaint.
21 (d) If a homeowner contacts the ombudsman's office in
22 accordance with subsection (c), the ombudsman shall
23 investigate the complaint for legitimacy and severity. The
24 ombudsman shall have the authority to:
25 (1) telephone or write to the applicable licensee to
26 advise that licensee regarding the situation;
27 (2) write a warning letter advising the licensee of
28 potential penalties and the potential loss of license;
29 (3) after notice; hearing; and a finding that this
30 Act was violated, cancel the license;
31 (4) impose fines as may be provided for by rule;
32 (5) advise the licensee that the Attorney General
33 will be notified, who may then take appropriate action.
34 (e) The Secretary shall promulgate rules to implement
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1 this Act.
2 Section 30. Review Board.
3 (a) There is created a Factory Built Home Residents
4 Complaint Review Board. The Review Board shall work in
5 conjunction with the Illinois Manufactured Housing
6 Association to deal with complaints from residents of factory
7 built homes.
8 (b) The Review Board and Illinois Manufactured Housing
9 Association shall use the following procedure:
10 (1) Complaints shall be submitted to the Review
11 Board via a toll-free telephone number.
12 (2) A complaint form containing all pertinent
13 information regarding the complaint shall be mailed to
14 the complainant immediately upon request by the
15 complainant.
16 (3) Within 60 days after the Review Board receives
17 the complaint, the Review Board shall hold a meeting in
18 the complainant's neighborhood or at a mutually
19 convenient location and make reasonable effort to resolve
20 the complaint.
21 (4) If the issue cannot be resolved within 30 days
22 after the Review Board meeting, the matter shall be
23 transferred to the Office of the Attorney General or the
24 Department of Public Health.
25 (c) Increases in rental rates are not within the
26 jurisdiction of the Review Board.
27 (d) The Review Board shall consist of 9 members, as
28 follows:
29 (1) 5 members shall be residents of a mobile home
30 park who own a factory built home;
31 (2) one member shall be the president of the
32 Illinois Manufactured Housing Association or that
33 president's designee;
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1 (3) one member shall be the president of the
2 Illinois Housing Institute or that president's designee;
3 (4) 2 members shall be owners of mobile home parks.
4 Section 35. Repeal. This Act is repealed 3 years after
5 its effective date.
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.