2001 Legislation
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HOUSE BILL NO. 131 – Manufactured home install standard

HOUSE BILL NO. 131

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Daily Data Tracking History



H0131...........................................................by BUSINESS
MANUFACTURED HOMES - Repeals and amends existing law to provide reference
to the manufactured home installation standard; to delete the requirement
that a copy of the manufacturer's specifications and a copy of the state
set up requirements be in the home; to delete the requirement that a
homeowner or park owner ensure that certain ground provides a proper base
and drainage for a mobile or manufactured home; to delete requirements for
instructions and installation of stabilizing systems; and to delete
requirements for permanent foundations.
                                                                        
02/01    House intro - 1st rdg - to printing
02/02    Rpt prt - to Bus
02/28    Rpt out - rec d/p - to 2nd rdg
03/01    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 60-0-10
      AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
      Bruneel, Callister, Campbell, Chase, Collins, Cuddy, Deal, Denney,
      Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould,
      Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jones, Kellogg,
      Kendell, Kunz, Lake, Langford, Marley, McKague, Meyer, Moss, Moyle,
      Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison,
      Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone,
      Tilman, Trail, Wheeler, Wood, Young
      NAYS -- None
      Absent and excused -- Bradford, Clark, Crow, Jaquet, Loertscher,
      Mader, Montgomery, Mortensen, Swan, Mr. Speaker
    Floor Sponsors -- Kellogg & Tilman
    Title apvd - to Senate
03/02    Senate intro - 1st rdg - to Com/HuRes
03/14    Rpt out - rec d/p - to 2nd rdg
03/15    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Branch(Bartlett), Boatright, Brandt, Bunderson,
      Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin,
      Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough,
      King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder,
      Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth
      NAYS -- None
      Absent and excused -- Williams
    Floor Sponsor -- Goedde
    Title apvd - to House
03/19    To enrol
03/20    Rpt enrol - Sp signed
03/21    Pres signed - to Governor
03/22    Governor signed
         Session Law Chapter 96
         Effective: 03/22/01

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 131
                                                                        
                                   BY BUSINESS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO MANUFACTURED HOME INSTALLATION; AMENDING THE CHAPTER  HEADING  FOR
  3        CHAPTER 22, TITLE 44, IDAHO CODE; AMENDING SECTION 44-2201, IDAHO CODE, TO
  4        PROVIDE  REFERENCE  TO  THE  MANUFACTURED  HOME  INSTALLATION STANDARD, TO
  5        DELETE THE REQUIREMENT THAT A COPY OF THE MANUFACTURER'S SPECIFICATIONS BE
  6        IN THE HOME, TO DELETE THE REQUIREMENT THAT A  COPY  OF  THE  STATE  SETUP
  7        REQUIREMENTS  BE INCLUDED WITH THE HOME AND TO DELETE THE REQUIREMENT THAT
  8        A HOMEOWNER OR PARK OWNER ENSURE THAT CERTAIN  GROUND  PROVIDES  A  PROPER
  9        BASE  AND  DRAINAGE  FOR  A  MOBILE OR MANUFACTURED HOME; AMENDING SECTION
 10        44-2202, IDAHO CODE, TO PROVIDE REFERENCES TO THE IDAHO MANUFACTURED  HOME
 11        INSTALLATION  STANDARD;  REPEALING  SECTIONS 44-2203, 44-2204 AND 44-2205,
 12        IDAHO CODE; AND DECLARING AN EMERGENCY.
                                                                        
 13    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 14        SECTION 1.  That the Heading of Chapter 22, Title 44, Idaho Code, be,  and
 15    the same is hereby amended to read as follows:
                                                                        
 16                                      CHAPTER 22
 17                  MANUFACTURED HOME SETUP CODE INSTALLATION STANDARD
                                                                        
 18        SECTION  2.  That  Section 44-2201, Idaho Code, be, and the same is hereby
 19    amended to read as follows:
                                                                        
 20        44-2201.  MOBILE/MANUFACTURED     HOMES     INSTALLATION.     (1)      All
 21    mobile/manufactured   homes   must   be   installed  in  accordance  with  the
 22    manufacturer's instructions or where the manufacturer's instructions  are  not
 23    readily  available from the manufacturer, the mobile/manufactured home must be
 24    installed in accordance with the provisions of this chapter Idaho manufactured
 25    home installation standard, as provided by rule pursuant to this chapter.  All
 26    mobile/manufactured  homes  must  be  installed  in  accordance with all other
 27    applicable state laws or rules pertaining to utility connection  requirements.
 28    If the home is installed in accordance with the manufacturer's specifications,
 29    a  copy  of those specifications shall be in the home at the time of setup and
 30    inspection. If the home is installed in accordance with the provisions of this
 31    chapter, then a copy of the state setup requirements shall  be  included  with
 32    the  home.  All dimensions required by the provisions of this chapter are con-
 33    sidered to be nominal.
 34        (2)  The administrator of the division of building safety  may  promulgate
 35    rules  in  accordance with the provisions of chapter 52, title 67, Idaho Code,
 36    providing for variances from the installation requirements specified  in  sec-
 37    tions 44-2204 and 44-2205, Idaho Code, or specifying standardized installation
 38    instructions  for  manufacturers,  or both mobile/manufactured homes. Upon the
 39    effective date of such rules, the rules shall  prevail  over  any  conflicting
 40    provisions in this chapter.
 41        (3)  The  homeowner  or  park owner must ensure that the ground on which a
                                                                        
                                           2
                                                                        
  1    mobile/manufactured home is to be installed has been improved as necessary  to
  2    provide  a  proper base for the unit and that the area beneath it has adequate
  3    drainage.
                                                                        
  4        SECTION 3.  That Section 44-2202, Idaho Code, be, and the same  is  hereby
  5    amended to read as follows:
                                                                        
  6        44-2202.  INSTALLATION  PERMITS AND INSPECTIONS REQUIRED. (1) The owner or
  7    the installer of a mobile/manufactured home must obtain an installation permit
  8    as   required   by   city   or   county   ordinance   before   installing    a
  9    mobile/manufactured  home  that will be used as a residence on a building site
 10    or in a park. The installer's license must be in effect at  the  time  of  the
 11    application for the installation permit.
 12        (2)  Cities and counties, which have by ordinance adopted a building code,
 13    shall   establish   a   permit   process   for   the   installation   of   all
 14    mobile/manufactured homes within their respective jurisdictions and shall pro-
 15    vide  for  inspection  of all work required by the manufacturer's installation
 16    instructions or the installation and setup provisions of this chapter,  which-
 17    ever  is  applicable pursuant to the provisions of section 44-2201, Idaho Code
 18    in accordance with the Idaho manufactured home installation standard. Fees for
 19    installation permits and inspections shall be as established by  the  city  or
 20    county having jurisdiction.
 21        (3)  Immediately  upon completion of the installation of a mobile or manu-
 22    factured home, a licensed installer or the responsible  managing  employee  of
 23    the  licensed installer shall perform an inspection of the completed installa-
 24    tion to ensure compliance with the Idaho manufactured home setup code  instal-
 25    lation  standard.  Such  inspection  shall be recorded on an inspection record
 26    document approved by the  division  and  a  copy  shall  be  provided  to  the
 27    homeowner upon completion of the inspection.
                                                                        
 28        SECTION  4.  That  Sections  44-2203, 44-2204 and 44-2205, Idaho Code, be,
 29    and the same are hereby repealed.
                                                                        
 30        SECTION 5.  An emergency existing  therefor,  which  emergency  is  hereby
 31    declared to exist, this act shall be in full force and effect on and after its
 32    passage and approval.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                            RS 10516
                                
The purpose of this proposed legislation is to harmonize statutory
provisions and administrative rules regarding the installation of
mobile/manufactured homes in Idaho.

Idaho Code Section 44-2201 authorizes the administrator of the division
of building safety to "promulgate rules in accordance with the
provisions of chapter 52, title 67, Idaho Code, ... specifying
standardized installation instructions for [mobile/manufactured
homes]."  That section further provides that when the administrator has
promulgated such rules, they shall control over the language in Chapter
22 of Title 44.  Pursuant to that authority, the administrator
promulgated IDAPA 07.03.12, which became effective in April 2000.  The
Idaho Manufactured Home Installation Standard is a comprehensive
standard that replaces most of the provisions of the existing Chapter
22.  This legislation amends the retained sections of Chapter 22 to
referenced the new installation standard, and repeals those sections
made obsolete by the standard.

                         FISCAL IMPACT
                                
The proposed legislation will have no fiscal impact on General or
dedicated funds of the state of Idaho.


CONTACT: Jack Rayne, Building Programs Manager
         Shauna Wallace
         Idaho Division of Building Safety
         334-3950









STATEMENT OF PURPOSE/FISCAL NOTE                           H 131