SF0163 - Manufactured Housing Installation Standards Act.
2001 |
State of Wyoming |
01LSO-0550 |
SENATE FILE NO. SF0163
Manufactured Housing Installation Standards Act.
Sponsored by: Senator(s) Goodenough
A BILL
for
1 AN ACT relating to
manufactured housing; providing for
2
installation standards; providing for registration of
3 installers;
providing penalties for failure to register;
4 and
providing for an effective date.
5
6 Be It Enacted by the Legislature of the State of Wyoming:
7
8 Section
1. W.S.
35-18-201 through 35-18-207 are
9
created to read:
10
11 ARTICLE 2
12 MANUFACTURED HOUSING INSTALLATION STANDARDS
13
14 35-18-201. Short title.
15
16 This act
shall be known and may be cited as the
17 "Manufactured Housing Installation
Standards Act".
Page 1
1
2 35-18-202. Definitions.
3
4 (a) As used in this act:
5
6 (i) "Installation"
means the placement of a
7
manufactured or modular home on a permanent or temporary
8
foundation system. This term includes, but is not limited
9 to,
supporting, blocking, leveling, securing, anchoring and
10 connection of plumbing, heating, cooling and
electrical
11 systems and the multiple or expandable
sections of the
12 home. Nothing in this definition shall be
construed to
13 inhibit a governmental entity from requiring
a licensed
14 plumber, electrician or HVAC contractor to
perform the
15 final connections to services. Installation
shall not mean
16 site preparation;
17
18 (ii) "Installer"
means any person who performs
19 the installation of a manufactured home;
20
21 (iii) "Manufactured
home" means a residential
22 dwelling built in accordance with the
Federal Manufactured
23 Home Construction and Safety Standards Act;
24
Page 2
1 (iv) "Modular
home" means a residential dwelling
2
built in a factory to a residential code other than the
3
federal Manufactured Home Construction and Safety Standards
4
Act;
5
6 (v) "Mobile
home" means a residential dwelling
7
that was fabricated in a factory built prior to the
8 enactment
of the federal Manufactured Home Construction and
9
Safety Standards Act;
10
11 (vi) "Owner"
means the owner of a manufactured
12 or modular home;
13
14 (vii) "Registered
installer" means an installer
15 who has registered with the secretary of
state;
16
17 (viii) "Retailer"
means a person who, for
18 anything of value, sells, exchanges, buys or
rents or
19 attempts to negotiate a sale or exchange of
an interest in
20 a manufactured or modular home or who is
engaged wholly or
21 in part in the business of selling
manufactured mobile or
22 modular homes whether or not the homes are
owned by him.
23
24 35-18-203. Registration.
Page 3
1
2 (a) Any
installer doing business in this state shall
3 register
with the secretary of state. The registered
4
installer shall be responsible for supervising all
5
employees and for the proper and competent performance of
6 all
employees working under his supervision. Doing business
7 in
this state shall not mean solicitation or advertising
8 for
business.
9
10 (b) The
following persons are not required to
11 register as an installer with the secretary
of state:
12
13 (i) Persons
employed by a registered installer
14 and persons employed by a legal or
commercial entity
15 employing a registered installer when
performing
16 installation under the direct on-site
supervision of the
17 registered installer;
18
19 (ii) A homeowner
who installs the owner's own
20 manufactured home. However, the homeowner
must install the
21 manufactured home according to the
manufacturer's
22 specifications. The homeowner must certify
to the local
23 building authority that he has installed the
manufactured
24 home according to the manufacturer's
specifications.
Page 4
1
2 (c) Each applicant shall:
3
4 (i) Be at least eighteen (18) years of age;
5
6 (ii) Provide
proof of liability insurance in an
7
amount of not less than one hundred thousand dollars
8 ($100,000.00)
including the exclusions;
9
10 (iii) Provide a
letter of credit, certificate of
11 deposit or a surety bond of five thousand
dollars
12 ($5,000.00) as a condition of performance
under this act;
13 and
14
15 (iv) Provide a
certificate of completion of an
16 installation education course or completion
of an
17 installation standards examination or
provide proof of one
18 (1) year's prior experience by providing two
(2) letters of
19 reference from established retailers or other
registered
20 installers.
21
22 (d) The
secretary of state shall establish a
23 registration fee not to exceed fifty dollars
($50.00) per
24 registration or renewal. Each registration
shall be valid
Page 5
1 for
a period of three (3) years from the date of issuance
2 and
shall not be transferred or assigned to another person.
3 If
any of the application information for the registered
4
installer changes after the issuance of a registration, the
5
registered installer shall notify the secretary of state in
6
writing within thirty (30) days from the date of the
7
change. Any registered installer seeking to renew
8
registration shall, at the time of applying for renewal,
9
comply with the requirements of subsections (b) and (c) of
10 this section.
11
12 (e) Any person
failing to register as an installer as
13 required under this act shall be subject to
a civil penalty
14 of not more than five thousand dollars
($5,000.00).
15
16 35-18-204. Installation standards.
17
18 Any installation of a
manufactured or modular home in this
19 state shall be performed in strict
accordance with the
20 applicable manufacturer's installation
instructions. No
21 political subdivision of the state shall
have any authority
22 either to establish or to continue in effect
installation
23 standards which are not in compliance with
the
24 manufacturer's installation instructions.
Nothing in this
Page 6
1 act shall preclude a political subdivision from enacting
2
standards of installation for manufactured homes concerning
3
unique public safety requirements such as weight
4
restrictions for snow.
5
6 35-18-205. Inspections of installations.
7
8 Inspections of the installation of a manufactured or
9
modular home may be made by the local building authority or
10 an independent contractor hired by the
political
11 subdivision upon request of the owner,
installer,
12 manufacturer or retailer. The inspection
shall be paid for
13 by the party requesting the inspection. Fees
charged by the
14 local building authority may not exceed the
actual cost of
15 inspection. Manufacturer's specifications
shall be provided
16 to the inspector by the owner. If the
installation of a
17 manufactured or modular home by an installer
has failed the
18 inspection conducted by the local building
authority or the
19 independent subcontractor and it is
determined that the
20 installer has not installed the home
according to the
21 manufacturer's specifications, the installer
shall
22 reimburse the party requesting the
inspection for the cost
23 of the failed inspection and shall pay for
any subsequent
24 repairs necessary to bring the installation
into compliance
Page 7
1 with the manufacturer's instructions. Subsequent repairs
2
must be completed within ninety (90) days after receipt of
3 the
inspection report unless the report shows eminent
4
health and safety hazards which require immediate
5
attention. The installer shall also pay for any subsequent
6
inspections required by the local building authority or
7
independent contractor. Failure of the installer to pay for
8 any
inspections or subsequent repairs deemed necessary by
9 the
local building authority or independent contractor
10 shall result in the forfeiture of the
installer's
11 performance bond to the owner of the
manufactured or
12 modular home.
13
14 35-18-206. Consumer complaints.
15
16 If an installation or
subsequent repair of an installation
17 by an installer fails to meet the standards
set forth in
18 this act, a consumer may file a complaint
with the attorney
19 general's office. If the attorney general
finds the
20 installer has failed to complete the
installation to the
21 manufacturer's specifications, the attorney
general's
22 office shall instruct the secretary of state
to revoke,
23 suspend, or fail to renew the registration
of the installer
24 for failing to comply with this act.
Page 8
1
2 35-18-207. Prohibited acts.
3
4 It shall be unlawful for any person to perform an
5
installation, without regard to whether the person receives
6
compensation for the action, except as provided in W.S.
7 35-18-203.
Any intentional violation of this act shall
8
constitute a deceptive trade practice as defined in W.S.
9 40-12-105
and shall be subject to the provisions of W.S.
10 40-12-106.
11
12 ction 2. This act is effective July 1, 2002.
13
14 (END)
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