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S.B. 88 Enrolled

                 

UNIFORM BUILDING STANDARDS ACT -

                 
MANUFACTURED HOUSING AMENDMENTS

                 
2004 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Lyle W. Hillyard

                 
                  LONG TITLE
                  General Description:
                      This bill amends the Occupations and Professions Code by amending installation
                  standards for manufactured homes and creating penalties for violations.
                  Highlighted Provisions:
                      This bill:
                      .    requires general contractors who install manufactured homes to receive additional
                  training;
                      .    eliminates the current definition of "installation standard" for manufactured homes
                  and requires the Division of Occupational and Professional Licensing to adopt a
                  nationally recognized manufactured housing installation standard code;
                      .    specifies the construction codes which the state and its political subdivisions shall
                  follow;
                      .    grants authority to the Division of Occupational and Professional Licensing to
                  enforce manufactured housing installation standards and assess penalties for
                  violations;
                      .    adopts criminal penalties for violations of manufactured housing installation
                  standards and assesses penalties for violations; and
                      .    makes technical changes.
                  Monies Appropriated in this Bill:
                      None
                  Other Special Clauses:
                      None


                  Utah Code Sections Affected:
                  AMENDS:
                      58-55-102, as last amended by Chapters 33 and 241, Laws of Utah 2002
                      58-56-3, as last amended by Chapter 75, Laws of Utah 2002
                      58-56-4, as last amended by Chapter 75, Laws of Utah 2002
                      58-56-12, as enacted by Chapter 293, Laws of Utah 1990
                      58-56-15, as enacted by Chapter 293, Laws of Utah 1990
                      70D-1-19, as enacted by Chapter 229, Laws of Utah 2003
                 
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 58-55-102 is amended to read:
                       58-55-102. Definitions.
                      In addition to the definitions in Section 58-1-102 , as used in this chapter:
                      (1) (a) "Alarm business or company" means a person engaged in the sale, installation,
                  maintenance, alteration, repair, replacement, servicing, or monitoring of an alarm system, except
                  as provided in Subsection (1)(b).
                      (b) "Alarm business or company" does not include [the activities of]:
                      (i) a person engaged in the manufacture and sale of alarm systems when that person is not
                  engaged in the installation, maintenance, alteration, repair, replacement, servicing, or monitoring
                  of alarm systems, and the manufacture or sale occurs only at a place of business established by the
                  person engaged in the manufacture or sale and does not involve site visits at the place or intended
                  place of installation of an alarm system; or
                      (ii) an owner of an alarm system, or an employee of the owner of an alarm system who is
                  engaged in installation, maintenance, alteration, repair, replacement, servicing, or monitoring of
                  the alarm system owned by that owner.
                      (2) "Alarm company agent" means any individual employed within this state by a person
                  engaged in the alarm business.
                      (3) "Alarm system" means equipment and devices assembled for the purpose of:

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                      (a) detecting and signaling unauthorized intrusion or entry into or onto certain premises;
                  or
                      (b) signaling a robbery or attempted robbery on protected premises.
                      (4) "Apprentice electrician" means a person licensed under this chapter as an apprentice
                  electrician who is learning the electrical trade under approved supervision of a master electrician,
                  residential master electrician, a journeyman electrician, or a residential journeyman electrician.
                      (5) "Apprentice plumber" means a person licensed under this chapter as an apprentice
                  plumber who is learning the plumbing trade under approved supervision of a journeyman plumber.
                      (6) "Approved supervision" means the immediate supervision of apprentices by qualified
                  licensed electricians or plumbers as a part of a planned program of training.
                      (7) "Board" means the Electrician Licensing Board, Alarm System Security and Licensing
                  Board, or Plumbers Licensing Board created in Section 58-55-201 .
                      (8) "Combustion system" means an assembly consisting of:
                      (a) components with a means for conveying, either continuously or intermittently, natural
                  gas from the shutoff valve of the piping system nearest the gas appliance to the burner [and
                  includes];
                      (b) electric control and combustion air supply and venting systems[, either continuously
                  or intermittently, and that incorporates]; and
                      (c) components intended to achieve control of quantity, flow, and pressure.
                      (9) "Commission" means the Construction Services Commission created under Section
                  58-55-103 .
                      (10) "Construction trade" means any trade or occupation involving:
                      (a) construction, alteration, remodeling, repairing, wrecking or demolition, addition to, or
                  improvement of any building, highway, road, railroad, dam, bridge, structure, excavation or other
                  project, development, or improvement to other than personal property; or
                      (b) installation or repair of a residential or commercial natural gas appliance or [a]
                  combustion system.
                      (11) "Construction trades instructor" means a person licensed under this chapter to teach

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                  one or more construction trades in both a classroom and project environment, where a project is
                  intended for sale to or use by the public and is completed under the direction of [an] the
                  instructor, who has no economic interest in the project.
                      (12) (a) "Contractor" means any person who for compensation other than wages as an
                  employee undertakes any work in the construction, plumbing, or electrical trade for which
                  licensure is required under this chapter and includes:
                      (i) a person who builds any structure on his own property for the purpose of sale or who
                  builds any structure intended for public use on his own property;
                      (ii) any person who represents himself to be a contractor by advertising or any other
                  means;
                      (iii) any person engaged as a maintenance person, other than an employee, who regularly
                  engages in activities set forth under the definition of "construction trade";
                      (iv) any person engaged in any construction trade for which licensure is required under
                  this chapter; or
                      (v) a construction manager who performs management and counseling services on a
                  construction project for a fee.
                      (b) "Contractor" does not include an alarm company or alarm company agent.
                      (13) (a) "Electrical trade" means the performance of any electrical work involved in the
                  installation, construction, alteration, change, repair, removal, or maintenance of facilities,
                  buildings, or appendages or appurtenances.
                      (b) "Electrical trade" does not include:
                      (i) transporting or handling electrical materials;
                      (ii) preparing clearance for raceways for wiring; or
                      (iii) work commonly done by unskilled labor [or] on any installations under the exclusive
                  control of electrical utilities.
                      (c) For purposes of Subsection (13)(b):
                      (i) no more than one unlicensed person may be so employed unless more than five
                  licensed electricians are employed by the shop; and

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                      (ii) a shop may not employ unlicensed persons in excess of the five-to-one ratio permitted
                  by this Subsection (13)(c).
                      (14) "Employee" means an individual as defined by the division by rule giving
                  consideration to the definition adopted by the Internal Revenue Service and the Department of
                  Workforce Services.
                      (15) "Engage in a construction trade" means to:
                      (a) engage in, represent oneself to be engaged in, or advertise oneself as being engaged in
                  a construction trade; or
                      (b) use the name "contractor" or "builder" or in any other way lead a reasonable person to
                  believe one is or will act as a contractor.
                      (16) "Financial responsibility" means a demonstration of a current and expected future
                  condition of financial solvency evidencing a reasonable expectation to the division and the board
                  that an applicant or licensee can successfully engage in business as a contractor without jeopardy
                  to the public health, safety, and welfare. Financial responsibility may be determined by an
                  evaluation of the total history concerning the licensee or applicant including past, present, and
                  expected condition and record of financial solvency and business conduct.
                      (17) "Gas appliance" means any device that uses natural gas to produce light, heat,
                  power, steam, hot water, refrigeration, or air conditioning.
                      (18) "General building contractor" means a person licensed under this chapter as a general
                  building contractor qualified by education, training, experience, and knowledge to perform or
                  superintend construction of structures for the support, shelter, and enclosure of persons, animals,
                  chattels, or movable property of any kind or any of the components of that construction except
                  plumbing, electrical[, and] work, mechanical[,] work, and manufactured housing installation, for
                  which the general building contractor shall employ the services of a contractor licensed in the
                  particular specialty, except that a general building contractor engaged in the construction of
                  single-family and multifamily residences up to four units may perform the mechanical work and
                  hire a licensed plumber or electrician as an employee. The division may by rule exclude general
                  building contractors from engaging in the performance of other construction specialties in which

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                  there is represented a substantial risk to the public health, safety, and welfare, and for which a
                  license is required unless that general building contractor holds a valid license in that specialty
                  classification.
                      (19) "General engineering contractor" means a person licensed under this chapter as a
                  general engineering contractor qualified by education, training, experience, and knowledge to
                  perform construction of fixed works in any [or all] of the following: irrigation, drainage, water,
                  power, water supply, flood control, inland waterways, harbors, railroads, highways, tunnels,
                  airports and runways, sewers and bridges, refineries, pipelines, chemical and industrial plants
                  requiring specialized engineering knowledge and skill, piers, and foundations, or any of the
                  components of those works. However, a general engineering contractor may not perform
                  construction of structures built primarily for the support, shelter, and enclosure of persons,
                  animals, and chattels.
                      (20) "Immediate supervision" means reasonable direction, oversight, inspection, and
                  evaluation of the work of a person, in or out of the immediate presence of the supervising person,
                  so as to ensure that the end result complies with applicable standards.
                      (21) "Individual" means a natural person.
                      (22) "Journeyman electrician" means a person licensed under this chapter as a journeyman
                  electrician having the qualifications, training, experience, and knowledge to wire, install, and
                  repair electrical apparatus and equipment for light, heat, power, and other purposes.
                      (23) "Journeyman plumber" means a person licensed under this chapter as a journeyman
                  plumber having the qualifications, training, experience, and technical knowledge to engage in the
                  plumbing trade.
                      (24) "Master electrician" means a person licensed under this chapter as a master
                  electrician having the qualifications, training, experience, and knowledge to properly plan, layout,
                  and supervise the wiring, installation, and repair of electrical apparatus and equipment for light,
                  heat, power, and other purposes.
                      (25) "Person" means a natural person, sole proprietorship, joint venture, corporation,
                  limited liability company, association, or organization of any type.

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                      (26) (a) "Plumbing trade" means the performance of any mechanical work pertaining to
                  the installation, alteration, change, repair, removal, maintenance, or use in buildings, or within
                  three feet beyond the outside walls of buildings of pipes, fixtures, and fittings for:
                      (i) delivery of the water supply[,];
                      (ii) discharge of liquid and water carried waste[,]; or
                      (iii) the building drainage system within the walls of the building. [It]
                      (b) "Plumbing trade" includes [that] work pertaining to the water supply, distribution
                  pipes, fixtures[,] and fixture traps, [the] soil, waste and vent pipes, and the building drain and roof
                  drains together with their devices, appurtenances, and connections where installed within the
                  outside walls of the building.
                      (27) "Ratio of apprentices" means, for the purpose of determining compliance with the
                  requirements for planned programs of training and electrician apprentice licensing applications,
                  the shop ratio of apprentice electricians to journeyman or master electricians shall be one
                  journeyman or master electrician to one apprentice on industrial and commercial work, and one
                  journeyman or master electrician to three apprentices on residential work. [All on-the-job]
                  On-the-job training shall be under circumstances in which the ratio of apprentices to supervisors is
                  in accordance with a ratio of one-to-one on nonresidential work and up to three apprentices to
                  one supervisor on residential projects.
                      (28) "Residential and small commercial contractor" means a person licensed under this
                  chapter as a residential and small commercial contractor qualified by education, training,
                  experience, and knowledge to perform or superintend the construction of single-family residences,
                  multifamily residences up to four units, and commercial construction of not more than three
                  stories above ground and not more than 20,000 square feet, or any of the components of that
                  construction except plumbing, electrical[, and] work, mechanical[,] work, and manufactured
                  housing installation, for which the residential and small commercial contractor shall employ the
                  services of a contractor licensed in the particular specialty, except that a residential and small
                  commercial contractor engaged in the construction of single-family and multifamily residences up
                  to four units may perform the mechanical work and hire a licensed plumber or electrician as an

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                  employee.
                      (29) "Residential apprentice plumber" means a person licensed under this chapter as a
                  residential apprentice plumber who is learning the residential plumbing trade while working on
                  residential buildings under the approved supervision of a residential journeyman plumber or a
                  journeyman plumber.
                      (30) "Residential building," as it relates to the license classification of residential
                  apprentice plumber and residential journeyman plumber, means a single or multiple family
                  dwelling of up to four units.
                      (31) "Residential journeyman electrician" means a person licensed under this chapter as a
                  residential journeyman electrician having the qualifications, training, experience, and knowledge
                  to wire, install, and repair electrical apparatus and equipment for light, heat, power, and other
                  purposes on buildings using primarily nonmetallic sheath cable.
                      (32) "Residential journeyman plumber" means a person licensed under this chapter as a
                  residential journeyman plumber having the qualifications, training, experience, and knowledge to
                  engage in the plumbing trade as limited to the plumbing of residential buildings.
                      (33) "Residential master electrician" means a person licensed under this chapter as a
                  residential master electrician having the qualifications, training, experience, and knowledge to
                  properly plan, layout, and supervise the wiring, installation, and repair of electrical apparatus and
                  equipment for light, heat, power, and other purposes on residential projects.
                      (34) "Residential project," as it relates to an electrician or electrical contractor, means
                  buildings primarily wired with nonmetallic sheathed cable, in accordance with standard rules and
                  regulations governing this work, including the National Electrical Code, and in which the voltage
                  does not exceed 250 volts line to line and 125 volts to ground.
                      (35) "Specialty contractor" means a person licensed under this chapter under a specialty
                  contractor classification established by rule, who is qualified by education, training, experience,
                  and knowledge to perform those construction trades and crafts requiring specialized skill, the
                  regulation of which are determined by the division to be in the best interest of the public health,
                  safety, and welfare. A specialty contractor may perform work in crafts or trades other than those

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                  in which he is licensed if they are incidental to the performance of his licensed craft or trade.
                      (36) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-55-501 .
                      (37) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-55-502 and as
                  may be further defined by rule.
                      (38) "Wages" means [all] amounts due to an employee for labor or services whether the
                  amount is fixed or ascertained on a time, task, piece, commission, or other basis for calculating
                  the amount.
                      Section 2. Section 58-56-3 is amended to read:
                       58-56-3. Definitions.
                      In addition to the definitions in Section 58-1-102 , as used in this chapter:
                      (1) "Building" means a structure used or intended for supporting or sheltering any use or
                  occupancy and any improvements attached to it.
                      (2) "Code(s)" means the following codes, including the standards and specifications
                  contained in them:
                      (a) codes adopted by the commission under Subsection 58-56-4 (2); and
                      (b) codes approved by the commission under Subsection 58-56-4 (4)(a).
                      (3) "Commission" means the Uniform Building Code Commission created under this
                  chapter.
                      (4) "Compliance agency" means an agency of the state or any of its political subdivisions
                  which [issue] issues permits for construction regulated under the codes, or any other agency of
                  the state or its political subdivisions specifically empowered to enforce compliance with the codes.
                      (5) "Factory built housing" means manufactured homes or mobile homes.
                      (6) "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. The scope of the
                  work included under the license includes the placement and or securing of the factory built
                  housing on a permanent or temporary foundation, securing the units together if required, and
                  connection of the utilities to the factory built housing unit, but does not include site preparation,
                  construction of a permanent foundation, and construction of utility services to the near proximity

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                  of the factory built housing unit. If a dealer is not licensed as a factory built housing set up
                  contractor, that individual must subcontract the connection services to individuals who are
                  licensed by the division to perform those specific functions under Title 58, Chapter 55, Utah
                  Construction Trades Licensing Act.
                      (7) "HUD code" means the [Federal] National Manufactured Housing Construction and
                  Safety Standards Act, 42 U.S.C. Sec. 5401 et seq.
                      [(8) "Installation standard" means the standard adopted and published by the National
                  Conference of States on Building Codes and Standards (NCSBCS), for the installation of
                  manufactured homes titled "The Standard for Manufactured Home Installations," the
                  accompanying manufacturer's instructions for the installation of the manufactured home, or such
                  equivalent standard as adopted by rule.]
                      [(9)] (8) "Local regulator" means each political subdivision of the state which is
                  empowered to engage in the regulation of construction, alteration, remodeling, building, repair,
                  and other activities subject to the codes.
                      [(10)] (9) "Manufactured home" means a transportable factory built housing unit
                  constructed on or after June 15, 1976, according to the [Federal Home Construction and Safety
                  Standards Act of 1974 (]HUD Code[)], in one or more sections, which, 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, and which is 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. [All manufactured]
                  Manufactured homes 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.
                      [(11)] (10) "Mobile home" means a transportable factory built housing unit built prior to
                  June 15, 1976, in accordance with a state mobile home code which existed prior to the [Federal
                  Manufactured Housing and Safety Standards Act (]HUD Code[)].
                      [(12)] (11) "Modular unit" means a structure built from sections which are manufactured

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                  in accordance with the construction standards adopted pursuant to Section 58-56-4 and
                  transported to a building site, the purpose of which is for human habitation, occupancy, or use.
                      [(13)] (12) "Opinion" means a written, nonbinding, and advisory statement issued by the
                  commission concerning an interpretation of the meaning of the codes or the application of the
                  codes in a specific circumstance issued in response to a specific request by a party to the issue.
                      [(14)] (13) "State regulator" means an agency of the state which is empowered to engage
                  in the regulation of construction, alteration, remodeling, building, repair, and other activities
                  subject to the codes adopted pursuant to this chapter.
                      [(15)] (14) "Unlawful conduct" is as defined in Subsection 58-1-501 (1) and includes:
                      (a) engaging in the sale of factory built housing without being registered with the division
                  as a dealer, unless the sale is exempt under Section 58-56-16 ; and
                      (b) selling factory built housing within the state as a dealer without collecting and
                  remitting to the division the fee required by Section 58-56-17 .
                      [(16)] (15) "Unprofessional conduct" is as defined in Subsection 58-1-501 (2) and
                  includes:
                      (a) any nondelivery of goods or services by a registered dealer which constitutes a breach
                  of contract by the dealer;
                      (b) the failure of a registered dealer to pay a subcontractor or supplier any amounts to
                  which that subcontractor or supplier is legally entitled; and
                      (c) any other activity which is defined as unprofessional conduct by division rule in
                  accordance with the provisions of Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
                      Section 3. Section 58-56-4 is amended to read:
                       58-56-4. Definitions -- Adoption of building codes -- Amendments -- Approval of
                  other codes -- Exemptions.
                      (1) As used in this section:
                      (a) "agricultural use" means a use that relates to the tilling of soil and raising of crops, or
                  keeping or raising domestic animals, for the purpose of commercial food production;
                      (b) "not for human occupancy" means use of a structure for purposes other than

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                  protection or comfort of human beings, but allows people to enter the structure for:
                      (i) maintenance and repair; and
                      (ii) the care of livestock, crops, or equipment intended for agricultural use which are kept
                  there; and
                      (c) "residential area" means land that is not used for an agricultural use and is:
                      (i) (A) within the boundaries of a city or town; and
                      (B) less than five contiguous acres;
                      (ii) (A) within a subdivision for which the county has approved a subdivision plat under
                  Title 17, Chapter 27, Part 8, Subdivision; and
                      (B) less than two contiguous acres; or
                      (iii) not located in whole or in part in an agricultural protection area created under Title
                  17, Chapter 41, Agricultural Protection Area.
                      (2) (a) Subject to the provisions of Subsections (4) and (5), the following codes, each of
                  which must be promulgated by a nationally recognized code authority, shall be adopted, in the
                  manner described in Subsection (2)(b), as the construction codes which the state and each
                  political subdivision of the state shall follow in the circumstances described in Subsection (3):
                      (i) a building code;
                      (ii) the National Electrical Code promulgated by the National Fire Protection Association;
                      (iii) a plumbing code; [and]
                      (iv) a mechanical code[.]; and
                      (v) a manufactured housing installation standard code.
                      (b) The division, in collaboration with the commission, shall adopt by rule specific
                  editions of the codes described in Subsection (2)(a), and may adopt by rule successor editions of
                  any adopted code.
                      (c) The division, in collaboration with the commission, may, in accordance with Section
                  58-56-7 , adopt amendments to the codes adopted under Subsection (2)(a), to be applicable to the
                  entire state or within one or more political subdivisions.
                      (3) Subject to the provisions of Subsections (4) and (5), the codes and amendments

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                  adopted under Subsection (2) shall be followed when:
                      (a) new construction is involved;
                      (b) the owner of an existing building, or the owner's agent, is voluntarily engaged in:
                      (i) the repair, renovation, remodeling, alteration, enlargement, rehabilitation,
                  conservation, or reconstruction of the building; or
                      (ii) changing the character or use of the building in a manner which increases the
                  occupancy loads, other demands, or safety risks of the building.
                      (4) (a) The division, in collaboration with the commission, shall have discretion to
                  approve, without adopting, certain codes in addition to those described in Subsection (2)(a),
                  including specific editions of the codes, for use by a compliance agency.
                      (b) If the applicable code is one which the division has approved under Subsection (4)(a),
                  a compliance agency has the discretion to:
                      (i) adopt an ordinance requiring removal, demolition, or repair of a building, according to
                  a code;
                      (ii) adopt, by ordinance or rule, a dangerous building code; or
                      (iii) adopt, by ordinance or rule, a building rehabilitation code.
                      (5) (a) Except in a residential area, a structure used solely in conjunction with agriculture
                  use, and not for human occupancy, is exempted from the permit requirements of any code
                  adopted by the division.
                      (b) Notwithstanding Subsection (5)(a), unless otherwise exempted, plumbing, electrical,
                  and mechanical permits may be required when that work is included in the structure.
                      Section 4. Section 58-56-12 is amended to read:
                       58-56-12. Factory built housing units.
                      [Factory built housing unit construction, permit issuance for set-up, set-up and set-up
                  inspection shall be in accordance with the following:]
                      [(1) Manufactured homes:]
                      (1) (a) Manufactured homes constructed, sold, or set-up in the state shall be constructed
                  in accordance with the HUD code[;].

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                      (b) Manufactured homes set-up in the state shall be installed in accordance with the
                  ["installation standard" defined in Section 58-56-3 ;] manufactured housing installation standard
                  code referred to in Section 58-56-4 .
                      (c) The authority and responsibility for the issuance of building permits for the
                  modification or set-up of manufactured homes within a political subdivision of the state shall be
                  with the local regulator within that political subdivision[; and].
                      (d) The inspection of modifications to or the set-up of manufactured homes shall be
                  conducted and approvals given by the local regulator within the political subdivision in which the
                  set-up takes place.
                      [(2) Mobile homes:]
                      (2) (a) Mobile homes sold or set-up in the state shall be constructed in accordance with
                  the mobile home construction code in existence in the state in which the mobile home was
                  constructed at the time the mobile home was constructed[;].
                      (b) Mobile homes set-up in the state shall be installed in accordance with the ["installation
                  standard" defined in Section 58-56-3 ;] manufactured housing installation standard code referred
                  to in Section 58-56-4 .
                      (c) The authority and responsibility for the issuance of building permits for the
                  modification of or set-up of mobile homes within a political subdivision of the state shall be with
                  the local regulator within that political subdivision[; and].
                      (d) The inspection of[,] modification to[,] or the set-up of mobile homes shall be
                  conducted and approvals given by the local regulator within the political subdivision in which the
                  set-up takes place.
                      Section 5. Section 58-56-15 is amended to read:
                       58-56-15. Factory built housing and modular units -- Division responsibility --
                  Unlawful conduct.
                      (1) The division:
                      [(1)] (a) shall maintain current [files with respect to] information on the HUD code [and
                  amendments thereto with respect to manufactured homes and the "installation standard" defined in

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                  Section 58-56-3 with respect to installation of factory built housing;] and the manufactured
                  housing installation standard code referred to in Section 58-56-4 and will provide at reasonable
                  cost [such] the information to [all] compliance agencies, local regulators, or state regulators
                  requesting such information;
                      [(2)] (b) shall provide qualified personnel to advise compliance agencies, local regulators,
                  and state regulators regarding the standards for construction and set-up, construction and set-up
                  inspection, and additions or modifications to factory built housing;
                      [(3) may regularly inspect the work of all factory built housing manufacturers in the state
                  during the construction process to determine compliance of the manufacturer with the applicable
                  standards of the HUD code or the American National Standards Institute, Inc. or equivalent
                  standards adopted by rule; and upon a finding of any substantive deficiency furnish a written
                  finding of such deficiency to the standards agency;]
                      [(4)] (c) is [hereby] designated as the state administrative agency [and shall act as such]
                  for [all] purposes under the provisions of the HUD code; [and]
                      [(5)] (d) may inspect the work of [all] modular unit manufacturers in the state during the
                  construction process to determine compliance of the manufacturer with the Utah Uniform
                  Building Standard Act for those units to be installed within the state[;] and upon a finding of [any]
                  substantive deficiency, issue a corrective order to the manufacturer with a copy to the local
                  regulator in the state's political subdivision in which the unit is to be installed[.];
                      (e) shall have rights of entry and inspection as specified under the HUD Code; and
                      (f) shall implement by rule as required by the HUD Code:
                      (i) a dispute resolution program; and
                      (ii) a continuing education requirement for manufactured housing installation contractors.
                      (2) 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.
                      (3) 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

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                  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.
                      Section 6. Section 70D-1-19 is amended to read:
                       70D-1-19. Definitions.
                      As used in this chapter:
                      (1) "Manufactured home" means a transportable factory built housing unit constructed on
                  or after June 15, 1976, according to the National Manufactured Housing Construction and Safety
                  Standards Act of 1974, in one or more sections, which, 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, and which is 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.
                      (2) "Mobile home" means a transportable factory built housing unit built prior to June 15,
                  1976, in accordance with a state mobile home code which existed prior to the National
                  Manufactured Housing Construction and Safety Standards Act of 1974.
                      (3) "Permanently affixed" means anchored to, and supported by, a permanent foundation
                  or installed in accordance with [an installation standard as defined in Subsection 58-56-3 (8)] the
                  manufactured housing installation standard code referred to in Section 58-56-4 .

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