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2005 Illinois Code - Chapter 430 Public Safety 430 ILCS 115/ Illinois Manufactured Housing and Mobile Home Safety Act.
(430 ILCS 115/1) (from Ch. 67 1/2, par. 501)
Sec. 1.
This Act may be cited as the
Illinois Manufactured Housing and Mobile Home Safety Act.
(Source: P.A. 86‑1475.)
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(430 ILCS 115/2) (from Ch. 67 1/2, par. 502)
Sec. 2.
Unless clearly indicated otherwise by the context, the
following words and terms when used in this Act, for the purpose of this
Act, shall have the following meanings:
(a) "Mobile home" means a movable or portable unit, which is 8 body
feet or more in width and is 32 body feet or more in length, and
constructed to be towed on its own chassis (comprised of frame and
wheels) from the place of construction to the location or subsequent
locations, subject to the provisions of Chapter 15 of The Illinois
Vehicle Code, and designed to be used without a permanent foundation and
connected to utilities for year round occupancy with or without a
permanent foundation. The term shall include: (1) units containing
parts that may be folded, collapsed, or telescoped when being towed and
that may be expanded to provide additional cubic capacity, and (2) units
composed of two or more separately towable components designed to be
joined into one integral unit capable of being separated again into the
components for repeated towing. The term shall include units designed
to be used for residential, commercial, educational or industrial
purposes, excluding, however, recreational vehicles.
(b) "Person" means a person, partnership, corporation, or other
legal entity.
(c) "Manufacturer" means any person who manufactures mobile homes or
manufactured housing at the place or places, either on or away from the
building site, at which machinery, equipment and other capital goods are
assembled and operated for the purpose of making, fabricating, forming
or assembling mobile homes or manufactured housing.
(d) "Department" means the Department of Public Health.
(e) "Director" means the Director of the Department of Public
Health.
(f) "Dealer" means any person, other than a manufacturer, as defined
in this Act, who sells 3 or more mobile homes or manufactured housing
units in any consecutive 12‑month period.
(g) "Codes" means the safety codes for manufactured housing and
mobile homes promulgated by the Department. The Codes shall contain the
standards and requirements for manufactured housing and mobile homes so
that adequate performance for the intended use is made the test of
acceptability. The Code of Standards shall permit the use of new and
used technology, techniques, methods and materials, for both
manufactured housing and mobile homes, consistent with recognized and
accepted standards adopted by the Building Officials Conference of
America, the International Conference of Building Officials, the
Southern Building Codes Congress, the National Fire Protection
Association, the International Association of Plumbing and Mechanical
Officials, the American National Standards Institute, the Illinois State
Plumbing Code, and the United States Department of Housing and Urban
Development, hereinafter referred to as "HUD", applying to manufactured
housing and mobile homes. A copy of said safety codes, including said
revisions thereof is on file with the Department.
(h) "Seal" means a device or insignia issued by the Department to be
displayed on the exterior of the mobile home or manufactured housing
unit to evidence compliance with the applicable safety code.
(i) "Manufactured housing" or "manufactured housing unit" means a
building assembly or system of building sub‑assemblies, designed for
habitation as a dwelling for one or more persons, including the
necessary electrical, plumbing, heating, ventilating and other service
systems, which is of closed or open construction and which is made or
assembled by a manufacturer, on or off the building site, for
installation, or assembly and installation, on the building site, with a
permanent foundation.
(j) "Closed construction" is any building, component, assembly or
system manufactured in such a manner that all portions cannot readily be
inspected at the installation site without disassembly, damage to, or
destruction thereof.
(k) "Open construction" is any building, component, assembly or
system manufactured in such a manner that all portions can be readily
inspected at the installation site without disassembly, damage to, or
destruction thereof.
(l) "Permanent foundation" means a closed perimeter formation
consisting of materials such as concrete, mortared concrete block, or
mortared brick extending into the ground below the frost line which
shall include, but not necessarily be limited to, cellars, basements, or
crawl spaces, but does exclude the use of piers.
(m) "Code compliance certificate" means the certificate provided by
the manufacturer to the Department that warrants that the manufactured
housing unit or mobile home complies with the applicable code.
(Source: P.A. 79‑731.)
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(430 ILCS 115/3) (from Ch. 67 1/2, par. 503)
Sec. 3.
(a) It is unlawful for any person to rent, sell, or offer for
sale within this State any
mobile home manufactured after July 1, 1974, or any manufactured housing
unit manufactured after July 1, 1976,
unless such mobile home or manufactured housing unit complies with the applicable
safety code and any revision
thereof that may be adopted hereafter, by the Department as hereinafter provided.
(b) No person shall manufacture for shipment into this State any mobile home
after July 1, 1974, or any manufactured housing unit after July 1, 1976,
which does not comply
with the applicable safety code.
(Source: P.A. 79‑731.)
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(430 ILCS 115/4) (from Ch. 67 1/2, par. 504)
Sec. 4.
No person may rent, sell, or offer for sale to anyone within this
State any mobile home
manufactured after July 1, 1974, or any manufactured housing unit manufactured
after July 1, 1976, unless it
bears a seal issued by the Department and a certification by the manufacturer
or dealer, that the mobile home
or manufactured housing unit complies with the applicable safety code.
The provisions of this Act shall not apply to any municipality which has
adopted a mobile home or
manufactured housing safety code, the provisions of which are equal to the
codes promulgated by the Department.
Any such code must be
filed with the Department within 10 days after its adoption. Any municipality
is authorized to adopt by reference
the safety codes as promulgated by the Department without setting forth the provisions
in full, provided that at least (3) copies of such codes which are incorporated
or adopted by
reference are filed in the office of the municipal clerk at least (15) days
prior to the adoption of the ordinance
which incorporates such codes by reference and there kept available for
public use, inspection and
examination.
(Source: P.A. 79‑731.)
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(430 ILCS 115/5) (from Ch. 67 1/2, par. 505)
Sec. 5.
The Department shall issue seals to any manufacturer or dealer
upon application supported by
affidavit or such other evidence which the Department shall deem necessary
to satisfy itself that the seals shall
be affixed only to mobile homes or manufactured housing units which comply
with the applicable safety code.
(Source: P.A. 79‑731.)
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(430 ILCS 115/6) (from Ch. 67 1/2, par. 506)
Sec. 6.
It is unlawful for any person to make any alteration of any mobile
home or manufactured housing
unit to which a seal has been affixed if such alteration causes the mobile
home or manufactured housing unit
to be in violation of the applicable safety code.
(Source: P.A. 79‑731.)
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(430 ILCS 115/7) (from Ch. 67 1/2, par. 507)
Sec. 7.
If any other State has a safety code for mobile homes or
manufactured
housing at least
equal to the codes promulgated by the Department and the Department determines
that such safety standards are being enforced by such other state, the
Department
shall place such other state
upon a reciprocity list, which list shall be available to any interested
person. Any mobile home or manufactured housing
unit which bears the seal of any state which has been placed on the reciprocity
list, or which bears a seal approved by
such state as sufficient evidence of compliance, shall not be required to
affix the seal of this state prescribed by
Section 4 of this Act.
(Source: P.A. 79‑731.)
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(430 ILCS 115/8) (from Ch. 67 1/2, par. 508)
Sec. 8.
The Department, by regulation, shall establish a schedule of fees
to defray a portion of the cost of the
administration and enforcement of this Act.
(Source: P.A. 85‑1261.)
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(430 ILCS 115/9) (from Ch. 67 1/2, par. 509)
Sec. 9.
(a) The Department is hereby charged with the administration and
enforcement of this Act. The Department is authorized to: (1) promulgate
such reasonable regulations as may be necessary to administer and enforce
this Act, and (2) adopt any revisions of the Code as may be necessary to
protect the health and safety of the public against dangers inherent in the
use of substandard construction and unsafe plumbing, electrical and heating
systems.
(b) At least 30 days before the adoption or promulgation of any
regulations or any revisions of the Code, pursuant to the authority vested
in the Department by the preceding Subsection (a) of this Section, the
Department shall mail to all state dealers and manufacturers of mobile
homes a notice which shall contain:
(1) A copy of the proposed regulations or revisions thereon, if any;
(2) A copy of the proposed revision of the Code, if any; and
(3) The time and place that the Department will consider any objections,
comments or suggestions pertaining to the proposed action described in the
notice.
(c) After giving the notice required by Subsection (b) of this Section,
the Department shall provide a hearing for interested persons to express
their views on the proposed action, either orally or in writing as may be
prescribed by the Department and specified in the notice.
(d) The Department is authorized to perform necessary inspection of
manufacturing facilities and products to implement the provisions of this
Act. If the Department appoints non‑governmental inspectors or inspection
agencies, the Department shall at all times exercise supervisory control
over such inspectors or agencies to insure effective and uniform
enforcement of the Code consistent with rules, regulations and
interpretations promulgated by the Department.
(e) The issuance of seals may be suspended as to any manufacturer who is
convicted under Section 10 of this Act of manufacturing products that do
not conform to the Code and issuance of seals shall not be resumed until
such manufacturer submits proof satisfactory to the Department that the
conditions which caused the violation of the Code have been remedied. Seals
may be repossessed if a manufacturer is found by the Department to have
affixed a seal in violation of the Code.
(f) No person may interfere with, obstruct or hinder an authorized
representative of the Department in the performance of its duties under
this Act.
(Source: P. A. 78‑929.)
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(430 ILCS 115/10) (from Ch. 67 1/2, par. 510)
Sec. 10.
(a) The seal shall remain the property of the Department, and
may not be placed upon a mobile home
or manufactured housing unit which is in violation of the applicable safety
code. Compliance with the safety code
is the responsibility of a manufacturer and neither the State nor the Department,
shall be civilly or criminally liable for
the issuance of any seal which is thereafter placed upon a nonconforming
mobile home or manufactured housing unit.
(b) Any person who violates this Act shall, upon conviction by a court,
be guilty of a Class B
misdemeanor. Each day of violation constitutes a separate offense. The
State's Attorney of the county in which
the violation occurred or the Attorney General shall bring such action in
the name of the People of the State of
Illinois. The Court may enjoin the rent, sale, offer for sale, or manufacture
of mobile homes or manufactured housing
manufactured in violation of this Act or of the applicable safety code promulgated
thereunder until it has been corrected
to comply with this Act or the minimum standards contained in the applicable
safety code.
(Source: P.A. 79‑731.)
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(430 ILCS 115/11) (from Ch. 67 1/2, par. 511)
Sec. 11.
The Department, at its expense, shall provide a stenographer to take
down the testimony and preserve a record of all proceedings at the hearing of
any case involving refusal to issue or renew, or the suspension or revocation
of a seal. The notice of hearing, complaint and all other documents in the
nature of pleadings and written motions filed in the proceedings, the
transcript of testimony, the report and orders of the Department shall be the
record of such proceedings. The Department shall furnish a transcript of such
record to any person or persons interested in such hearing upon payment
therefor of 75 cents per page for each original transcript and 25 cents per
page for each carbon copy thereof ordered with the original; provided, that the
charge for any part of such transcript ordered and paid for previous to the
writing of the original record thereof shall be 25 cents per page.
In any case involving the refusal to issue or renew or the suspension or
revocation of a seal, a copy of the Department's report shall be served
upon the respondent, either personally or by registered or certified mail
as provided in this Act, for the service of the notice of hearing. Within
20 days after such service, the respondent may present to the Department a
motion in writing for a rehearing, which written motion shall specify the
particular grounds therefor. If no motion for rehearing is filed, then upon
the expiration of the time specified for filing such a motion, or if a
motion for rehearing is denied, then upon such denial, the Director may
enter an order in accordance with recommendations of the report. If the
respondent orders and pays for a transcript of the record within the time
for filing a motion for rehearing, the 20 day period within which such a
motion may be filed shall commence upon the delivery of the transcript to
the respondent.
Any circuit court may upon application of the Director of or the
applicant or licensee against whom proceedings under this section of this
Act are pending, enter an order requiring the attendance of witnesses and
their testimony, and the production of documents, papers, files, books and
records in connection with any hearing in any proceedings for contempt.
(Source: P.A. 78‑929.)
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(430 ILCS 115/12) (from Ch. 67 1/2, par. 512)
Sec. 12.
All final administrative decisions of the Director under this
Act shall be subject to judicial review pursuant to the provisions of the
Administrative Review Law, and all amendments and
modifications thereof, and the regulations adopted pursuant thereto. The
term "administrative decision" is defined as in Section 3‑101 of the Code
of Civil Procedure.
Appeals from all final orders and judgment entered by a circuit court in
review of a final administrative decision of the Director may be taken by
either party to the action, and shall be governed by the rules applying to
other civil cases.
An aggrieved party may obtain a review of any final judgment of the
circuit court, and the appeal shall be taken as in other civil cases.
(Source: P.A. 82‑783.)
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(430 ILCS 115/13) (from Ch. 67 1/2, par. 513)
Sec. 13.
If any provision of this Act or the application thereof to any person or
circumstance is held to be unconstitutional or invalid for any reason by
any court of competent jurisdiction, the remainder of the Act and the
application of such provisions to other persons and circumstances shall not
thereby be rendered invalid or unconstitutional or affected thereby but
shall remain in full force and effect.
(Source: P. A. 78‑929.)
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(430 ILCS 115/14) (from Ch. 67 1/2, par. 514)
Sec. 14.
This Act takes effect on July 1, 1974.
(Source: P.A. 78‑929.)
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(430 ILCS 115/15) (from Ch. 67 1/2, par. 515)
Sec. 15.
There is created an advisory council on mobile homes and manufactured
housing who shall serve in
an advisory capacity in the drafting and promulgation of the applicable
safety codes. The council shall consist of
eleven members appointed by the Director of the Department and shall be
comprised of the Director or his authorized
representative, who shall serve as chairman ex‑officio and the members shall
be appointed from the following professional
and technical disciplines: One member from architecture, one from structural
engineering, one from mechanical
engineering or contracting, one from electrical engineering or contracting,
three building officials from Illinois
municipalities, one from the plumbing industry, one from the mobile home
industry, one from manufactured housing
industry, and one from the construction design or producer industries.
Members of the council shall be appointed
for three year terms, except that, of the initial members, the terms of
three shall expire at the end of the first
year, four at the end of the second year, and four at the end of the third
year. Any member appointed to fill a
vacancy occurring prior to the expiration of the term for which his predecessor
was appointed shall be appointed for
the remainder of such term. The initial appointments shall commence on July 1, 1976.
The council shall meet as frequently as the chairman deems necessary.
A simple majority of the members
of the council shall constitute a quorum. Members of the council shall
serve without compensation but shall be
reimbursed for their travel and other necessary expenses as provided for
state employees.
(Source: P.A. 79‑731.)
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