SF0163 - Manufactured Housing Installation Standards Act.

 

2001

State of Wyoming

01LSO-0550

 

 

 

SENATE FILE NO.  SF0163

 

 

Manufactured Housing Installation Standards Act.

 

Sponsored by:

 

 

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 

 

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 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

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 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

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 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.

 

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 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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