Factory Built Housing and Modular Units Administration ActEnacted by Chapter 14, 2011 General Session2011Title.This part is known as "Factory Built Housing and Modular Units Administration Act."
Amended by Chapter 75, 2025 General Session2025Definitions.As used in this part:"Compliance agency" means the same as that term is defined in Section 15A-1-202."Construction documents" means the same as that term is defined by Modular Building Institute Standards 1200."Decal" means a form of certification, created by the Division of Facilities Construction and Management and issued by a third party inspection agency, to be permanently attached to a module, panelized system, or modular building unit indicating that the module, panelized system, or modular building unit has been constructed to meet or exceed applicable building code requirements."Factory built housing" means a manufactured home or mobile home."Factory built housing set-up contractor" means an individual licensed by the division to set up or install factory built housing on a temporary or permanent basis."HUD Code" means the National Manufactured Housing Construction and Safety Standards Act, 42 U.S.C. Sec. 5401 et seq."Local regulator" means the same as that term is defined in Section 15A-1-202."Manufactured home" means a transportable factory built housing unit constructed on or after June 15, 1976, according to the HUD Code, in one or more sections, that:in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more square feet; andis built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems."Manufacturing plant" means the same as that term is defined by Modular Building Institute Standards 1200."Mobile home" means a transportable factory built housing unit built before June 15, 1976, in accordance with a state mobile home code which existed prior to the HUD Code."Modular manufacturer" means the entity responsible for manufacturing a panelized system or module."Modular unit" or "modular building unit" means a structure:constructed from one or more modules or panelized systems that is manufactured in accordance with the State Construction Code and transported to a location;the purpose of which is for human habitation, occupancy, or use; andis not a factory-built house, manufactured home, or mobile home."Module" means a three-dimensional, volumetric section of a modular building unit designed and approved to be transported as a single section, independent of other sections, to a location for onsite construction."Private home inspector" means an individual who:offers services to the public; andexamines residential dwellings and the components of a residential dwelling to identify potential issues associated with the sale or purchase of real property."Offsite construction" means a modular building unit that:is designed and constructed in compliance with this part;is wholly or in substantial part fabricated in a manufacturing plant for installation at an onsite location; andhas been manufactured in such a manner that all parts or processes cannot be inspected at the end site location without disassembly, potentially resulting in damage or destruction to the modular building unit."Onsite construction" means:the preparation of a location where a modular building unit will be installed, including preparation of site foundation, construction of any necessary supporting structure, and preparation to connect the modular building unit to necessary utilities; andassembly and installation of one or more modules or panelized systems in accordance with construction documents into a modular building unit, including completion of any site-related construction and connecting the modular building unit to necessary utilities."Panelized system" means a closed wall, roof, or floor component that is constructed at a manufacturing plant or by a modular manufacturer in a manner that prevents the construction from being fully inspected at an onsite location without disassembly, damage, or destruction."State regulator" means the same as that term is defined in Section 15A-1-202."Third party inspection agency" means an entity approved by the Division of Facilities Construction and Management to be qualified to inspect a module or panelized system for compliance with the construction documents, compliance control, and applicable code."Third party inspector" means a person who:is qualified to inspect a modular building unit for compliance with construction documents, compliance control, and applicable building code;works under the direction of a third party inspection agency;has been licensed by the division under Section 15A-1-307; andis approved by the Division of Facilities Construction and Management to conduct third party inspections, as described in Section 15A-1-307."Unregistered modular unit" means a modular unit that:has not been inspected as required by this title; ordoes not have a required decal.Enacted by Chapter 14, 2011 General Session2011Factory built housing units.
A manufactured home constructed, sold, or setup in the state shall be constructed in accordance with the HUD Code.
A manufactured home setup in the state shall be installed in accordance with the provisions of the State Construction Code applicable to manufactured housing installation.
A local regulator subdivision has the authority and responsibility to issue a building permit for the modification or setup of a manufactured home within that political subdivision.
A local regulator shall conduct the inspection of a modification to or the setup of a manufactured home and give an approval within the political subdivision in which the modification or setup takes place.
A manufactured home constructed on or after June 15, 1976, shall be identifiable by the manufacturer's data plate bearing the date the unit was manufactured and a HUD label attached to the exterior of the home certifying the home was manufactured to HUD standards.
A mobile home sold or setup in the state shall be constructed in accordance with the portions of the State Construction Code applicable to a mobile home at the time the mobile home was constructed.
A mobile home setup in the state shall be installed in accordance with the portions of the State Construction Code applicable to manufactured housing installation.
A local regulator has the authority and responsibility to issue a building permit for the setup of a mobile home within that political subdivision.
A local regulator shall conduct the inspection of a modification to or the setup of a mobile home and give the approvals given by the local regulator within the political subdivision in which the modification or setup takes place.Amended by Chapter 277, 2025 General Session2025Modular units.Modular unit construction, installation, issuance of permits for construction or installation, and setup shall be in accordance with the following:Construction, installation, and setup of a modular unit, module, or panelized system shall be in accordance with the State Construction Code.A local regulator has the responsibility and exclusive authority to:review and approve the elements of construction documents related to onsite construction;issue a permit for construction of a modular building unit or a modular building unit site modification;perform an inspection of onsite construction of a modular building unit or modular building unit site modification;verify that a module or panelized system is installed in accordance with:the modular unit's construction documents;the State Construction Code; andapplicable state and local requirements;verify that a decal has been permanently affixed to a modular building unit;subject to Subsection (3), establish and assess fees related to the construction and installation of modular units;upon discovery of visible damage to a module or panelized system, or discovery of evidence that would cause a reasonable inspector to believe that a modular building unit may not be in compliance with the State Construction Code or construction documents:inform the Division of Facilities Construction and Management; andproceed in accordance with the guidance in Modular Building Institute Standards 1200 and 1205;approve any proposed alteration or change to a set of construction documents so long as the alteration or change complies with the requirements of this chapter;inspect any alteration to a modular unit or panelized system that occurred after installation;notwithstanding any other provision of state law, the construction code and standards, agency rule, or local ordinance:prevent the use or occupancy of a modular building unit that, in the opinion of the local regulator, contains a serious defect or presents an imminent safety hazard; andreport the prevention of use or occupancy of a modular building unit to the Division of Facilities Construction and Management and the division; andperform all other duties and responsibilities set forth in the Modular Building Institute Standards 1200 and 1205 not otherwise listed in this section.Fees related to the construction and installation of modular building units may include building permit fees, inspection fees, impact fees, and administrative fees.In addition to any immunity and protections set forth in the Utah Governmental Immunity Act, a municipality is not liable for a claim arising solely from the offsite construction of a module, panelized system, or modular building unit.A local regulator may provide written notice with the certificate of occupancy that explains the municipality's limitations of liability pursuant to this section and the Utah Governmental Immunity Act.An inspection of the construction, modification of, or setup of a modular unit shall conform with this chapter.A local regulator has the responsibility to issue an approval for the political subdivision in which a modular unit is to be setup or is setup.Nothing in this section precludes:a local regulator from contracting with a qualified third party to act as its designee for the inspection or plan review provided in this section; orthe state from entering into an interstate compact for third party inspection of the construction of a modular unit.Enacted by Chapter 431, 2024 General Session2024Unregistered modular units.Except as provided in Subsection (7), the Division of Facilities Construction and Management shall determine whether an unregistered modular unit is compliant with this chapter.Upon discovery of an unregistered modular unit, the Division of Facilities Construction and Management shall:inform the local regulator, which shall:issue an order to the owner of the unregistered modular unit to cease use or occupancy of the unregistered modular unit until a third party inspector determines the unregistered modular unit has come into compliance; ordetermine if the unregistered modular unit is considered compliant, as described in Subsection (7); andrequire the owner of the unregistered modular unit to:produce documentation of the modular unit's compliance with this chapter:if the unregistered modular unit is only missing a decal or had a decal but the decal is no longer visible; orif the unregistered modular unit is considered compliant under Subsection (7); orarrange for a third party inspector to inspect the unregistered modular unit, as described in Subsection (4).Upon receiving and verifying the documentation described in Subsection (2)(b)(i)(A), the Division of Facilities Construction and Management shall issue the owner of an unregistered modular unit a decal to be affixed to the unregistered modular unit.Upon inspection of an unregistered modular unit, a third party inspector shall determine when and where the unregistered modular unit was manufactured.If the unregistered modular unit was manufactured in another state by a modular manufacturer approved by a regulator in that state at the time the unregistered modular unit was manufactured, the third party inspector shall:conduct a review of the original construction documents and the requirements of the state in which the unregistered modular unit was manufactured as of the time of manufacturing to determine the degree to which the unregistered modular unit's manufacture and installation is compliant with the requirements of this chapter;in accordance with Subsection (5), conduct an inspection of the unregistered modular unit; anddetermine whether the unregistered modular unit is compliant with:the requirements for a modular building described in this chapter; andthe building codes that were in effect at the time the unregistered modular building was manufactured.If the unregistered modular unit was manufactured in another state by a modular manufacturer that was not approved by that state, or if the date of manufacture of the unregistered modular unit cannot be determined, the third party inspector shall:in accordance with Subsection (5), conduct an inspection of the unregistered modular unit; anddetermine whether the unregistered modular unit is compliant with the requirements for a modular building described in this chapter.If the third party inspector cannot determine where or when the unregistered modular unit was manufactured, or if original construction documents for the unregistered modular unit cannot be located or verified, the third party inspector shall inspect the unregistered modular unit for compliance with this chapter, including requiring disassembly of the unregistered modular unit if necessary.If the third party inspector is able to review and verify the original construction documents for the unregistered modular unit, and the original construction documents for the unregistered modular unit are sufficient to determine whether the construction of the unregistered modular unit complies with this chapter, the third party inspector may not require disassembly of the modular unit.If the third party inspector determines the unregistered modular unit is compliant with the requirements for modular units in this chapter:the third party inspector shall report the finding to:the Division of Facilities Construction and Management; andthe local regulator; andaffix a decal to the unregistered modular unit.The report described in Subsection (6)(a)(i) shall include a description of any changes made to the unregistered modular unit.If an unregistered modular unit installed before May 4, 2024, has a certificate of occupancy from a local regulator, the unregistered modular unit is considered compliant with the requirements for a modular unit described in this chapter so long as the unregistered modular unit remains in the jurisdiction of the local regulator that issued the certificate of occupancy.Enacted by Chapter 14, 2011 General Session2011Modification of factory built housing units and modular units.
A modification to a factory built housing unit shall be made in accordance with the following:
Modification to a manufactured home or mobile home before installation or setup of the unit for habitation shall be made in accordance with the HUD Code.
Modification to a manufactured home or mobile home after installation or setup of the unit for habitation shall be made in accordance with the HUD Code if the modification does not include the addition of any space to the existing unit or the attachment of any structure to the existing unit.
If a modification to a manufactured home or mobile home after installation or setup for the unit for habitation includes the addition of any space to the existing unit or the attachment of any structure to the unit, the modification shall be made as follows:
modifications to the existing unit shall be in accordance with the HUD Code; and
additional structure outside of the existing unit shall be in accordance with this chapter.
A modification to a modular housing unit shall be made in accordance with this chapter.Amended by Chapter 262, 2013 General Session2013Factory built housing and modular units -- Division responsibility -- Unlawful conduct.
The division:
shall maintain current information on the HUD Code and the portions of the State Construction Code relevant to manufactured housing installation and will provide at reasonable cost the information to compliance agencies, local regulators, or state regulators requesting such information;
shall provide qualified personnel to advise compliance agencies, local regulators, and state regulators regarding the standards for construction and setup, construction and setup inspection, and additions or modifications to factory built housing;
is designated as the state administrative agency for purposes of the HUD Code;
may inspect factory built housing units in the state during the construction process to determine compliance of the manufacturer with this chapter for those units to be installed within the state, and upon a finding of substantive deficiency, issue a corrective order to the manufacturer and provide a copy of the order to the local regulator in the state's political subdivision where the unit is to be installed;
shall have rights of entry and inspection as specified under the HUD Code; and
shall implement by rule a continuing education requirement for manufactured housing installation contractors.
The division may assess civil penalties payable to the state for violation of the HUD Code in an amount identical to those set forth in Section 611 of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Sec. 5410.
The state may impose criminal sanctions for violations of the HUD Code identical to those set forth in Section 611 of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Sec. 5410, provided that if the criminal sanction is a fine, the fine shall be payable to the state.Enacted by Chapter 431, 2024 General Session2024Division of Facilities Construction and Management duties for modular building units.The Division of Facilities Construction and Management:shall maintain current information on the HUD Code and the portions of the State Construction Code relevant to modular building unit installation and provide at reasonable cost the information to compliance agencies or local regulators requesting the information;shall provide qualified personnel to advise compliance agencies and local regulators regarding the standards for:construction and installation of modular building units;construction and setup inspection of modular building units; andadditions or modifications to modular building units;may inspect modular building units during the construction or manufacturing process to determine compliance of a modular manufacturer with this title for modular building units to be installed within the state;upon a finding of substantive deficiency at a modular manufacturer, through inspection or based on a report from an approved third party inspection agency, may:suspend the manufacturer's construction of modular units to be sold or installed in the state;issue a corrective order to the manufacturer; orrequire an increase in third party inspections until the Division of Facilities Construction and Management is satisfied that the deficiency is resolved;shall, if an action is taken pursuant to Subsection (4), provide notice of its action and a copy of the corrective order to the local regulator in the political subdivision where a modular unit is to be installed;shall have rights of entry and inspection as specified under the HUD Code and Modular Building Institute Standard 1200 and Standard 1205, as applicable;shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement this section and Section 15A-1-307, including a continuing education requirement for modular building unit construction and installation contractors; andshall have the authority to set and collect fees associated with the provision of decals to support the administration of the modular building unit program.Enacted by Chapter 431, 2024 General Session2024Third party review - Inspection agencies.By no later than July 1, 2024, the Division of Facilities Construction and Management shall maintain a list of third party inspection agencies that have been approved by the Division of Facilities Construction and Management to conduct:review of construction documents; andan inspection of a module or panelized system.An approved third party inspection agency:shall demonstrate knowledge of applicable sections of the Utah Code and State Construction Code and other applicable laws and rules;shall be independent in judgment and not have any actual or potential conflict of interest;is not affiliated with or influenced or controlled by any producer, supplier, vendor, developer, builder, or related fields applicable to the construction of modular units in any manner that might affect its capacity to render its conclusions and inspections without bias;shall carry insurance in the amount set by the Division of Facilities Construction and Management to cover liabilities and losses arising or relating to possible errors and omissions from its operations, reviews, and inspections; andshall perform all duties set forth in the Modular Building Institute Standard 1205, Chapter 4, as amended.An approved third party inspector:shall demonstrate knowledge of applicable sections of the Utah Code and State Construction Code and other applicable laws and rules;shall be independent in judgment and not have any actual or potential conflict of interest;is not affiliated with or influenced or controlled by any producer, supplier, vendor, developer, builder, or related fields applicable to the construction of modular units in any manner that might affect its capacity to render its conclusions and inspections without bias;shall carry insurance in the amount set by the Division of Facilities Construction and Management to cover liabilities and losses arising or relating to possible errors and omissions from its operations, reviews, and inspections; andshall perform all duties set forth in the Modular Building Institute Standard 1205, Chapter 4, as amended.A third party inspector at an approved third party agency shall:be licensed and certified as a combination building inspector under Title 58, Occupations and Professions;meet the requirements for a third party inspector under the Modular Building Institute Standard 1205, Chapter 4; andbe knowledgeable regarding the construction and installation of modular units.A modular manufacturer shall contract with one or more third party agencies or third party inspectors to perform offsite construction documents review and inspection.A contract described in Subsection (5)(a) does not constitute an actual or implied conflict of interest.Enacted by Chapter 431, 2024 General Session2024Manufacturing plants -- Quality assurance inspections.The Division of Facilities Construction and Management shall approve a modular manufacturer before modular building units produced by or sold by the modular manufacturer may be used for human occupancy within the state.A modular manufacturer, or an employee of a modular manufacturer, shall meet each requirement of Modular Building Institute 1200 Standard, Chapter 5 and 1205 Standard, Chapters 4 and 5.The quality assurance and control plan, as required in Modular Building Institute 1200 Standard, Chapter 5, and further defined per Modular Building Institute 1205 Standard, Chapter 5, shall include a conflict of interest form developed by the Division of Facilities Construction and Management.Quality assurance personnel at the manufacturing plant shall:demonstrate to the Division of Facilities Construction and Management and an applicable third party inspection agency that the quality assurance personnel have adequate knowledge of the product, factory operations, and the codes and standards for the product being manufactured;demonstrate to the satisfaction of the Division of Facilities Construction and Management the ability of the quality assurance personnel to perform required duties, as outlined by the Division of Facilities Construction and Management by rule; andinspect each module and panelized system for quality control.After local building permit issuance, a modular manufacturer, third party agency, or third party inspector may not amend a construction document without approval from a local regulator.A local regulator shall approve an amendment to a construction document unless it violates a site-specific provision of municipal code or affects the safety or the habitability of a modular unit.Enacted by Chapter 431, 2024 General Session2024Decal.A decal issued by the Division of Facilities Construction and Management and affixed by a third party inspection agency in compliance with this part shall warrant that the modular building unit has been inspected in accordance with this part and the modular building unit is:fit for human occupancy; andmanufactured in accordance with applicable codes and the construction documents.