LAWS OF THE 2001 REGULAR SESSION
OF THE SEVENTY-NINTH
GENERAL ASSEMBLY OF THE STATE OF IOWA

CHAPTER 100

FACTORY-BUILT STRUCTURES — MANUFACTURED HOME INSTALLER CERTIFICATION

S.F. 185   Bill History

AN ACT relating to the definition of factory-built structures, the relocation of factory-built structures, the certification of installers of manufactured homes, and providing a fee, an appropriation, and a civil penalty.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 103A.3, subsection 8, Code 2001, is amended to read as follows:

8. "Factory-built structure" means any structure which is, wholly or in substantial part, made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly and installation, on a building site. "Factory-built structure" includes the term terms "mobile home" as defined in section 435.1 , "manufactured home", and "modular home".

Sec. 2. Section 103A.3, Code 2001, is amended by adding the following new subsection:

NEW SUBSECTION. 15A. "Manufactured home", "mobile home", and "modular home" mean the same as defined in section 435.1.

Sec. 3. Section 103A.9, subsection 4, Code 2001, is amended to read as follows:

4. All factory-built structures, without regard to manufacture date, shall be installed in accordance with the code in the governmental subdivisions which have adopted the state building code or any other building code. However, a governmental subdivision shall not require that a factory-built structure, that was manufactured in accordance with federally mandated standards, be renovated in accordance with the state building code or any other building code which the governmental subdivision has adopted when the factory-built structure is being moved from one lawful location within the state to another unless such required renovation is in conformity with those specifications for the factory-built structure which existed when it was manufactured or the factory-built structure is being rented for occupancy.

Existing factory-built structures not constructed to be in compliance with federally mandated standards may be moved from one established mobile home park to another within the state and shall not be required to be renovated to comply with the state building code or any other building code which the governmental subdivision has adopted unless the factory-built structure is being rented for occupancy or has been declared a public nuisance according to standards generally applied to housing.

Sec. 4. NEW SECTION. 103A.26 MANUFACTURED HOME INSTALLERS CERTIFICATION — VIOLATION — CIVIL PENALTY.

1. a. A person who installs a manufactured home for another person shall be certified in accordance with rules adopted by the commissioner pursuant to chapter 17A. The commissioner may assess a fee sufficient to recover the costs of administering the certification of manufactured home installers. The commissioner may suspend or revoke the certification of a manufactured home installer for failure to perform installation of a manufactured home, pursuant to certification standards as provided by rules of the commissioner.

b. Notwithstanding section 103A.23, all fees collected by the commissioner for the administration of the manufactured home program shall be credited to the general fund of the state and are appropriated to the commissioner for the purpose of administering this certification program including the employment of personnel for the enforcement and administration of this program.

2. If a provision of this chapter or a rule adopted pursuant to this chapter relating to the manufacture or installation of a manufactured home is violated, the commissioner may assess a civil penalty not to exceed one thousand dollars for each offense. Each violation involving a separate manufactured home, or a separate failure or refusal to allow an act to be performed or to perform an act as required by this chapter, or a rule adopted pursuant to this chapter constitutes a separate offense. However, the maximum amount of civil penalties which may be assessed for any series of violations occurring within one year from the date of the first violation shall not exceed one million dollars.1

Approved May 2, 2001

1 See chapter 176, §61, 82 herein



Updated: 26-Oct-2001 04:25 PM
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