Download Zipped Introduced WordPerfect SB0088S02.ZIP
[Status][Bill Documents][Fiscal Note][Bills Directory]

Second Substitute S.B. 88

Senator Lyle W. Hillyard proposes the following substitute bill:


             1     
UNIFORM BUILDING STANDARDS ACT -

             2     
MANUFACTURED HOUSING AMENDMENTS

             3     
2004 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Lyle W. Hillyard

             6     
             7      LONG TITLE
             8      General Description:
             9          This bill amends the Occupations and Professions code by amending installation
             10      standards for manufactured homes and creating penalties for violations.
             11      Highlighted Provisions:
             12          This bill:
             13          .    requires general contractors who install manufactured homes to receive additional
             14      training;
             15          .    eliminates the current definition of "installation standard" for manufactured homes
             16      and requires the Division of Occupational and Professional Licensing to adopt a
             17      nationally recognized manufactured housing installation standard code;
             18          .    specifies the construction codes which the state and its political subdivisions shall
             19      follow;
             20          .    grants authority to the Division of Occupational and Professional Licensing to
             21      enforce manufactured housing installation standards and assess penalties for
             22      violations;
             23          .    adopts criminal penalties for violations of manufactured housing installation
             24      standards and assesses penalties for violations; and
             25          .    makes technical changes.



             26      Monies Appropriated in this Bill:
             27          None
             28      Other Special Clauses:
             29          None
             30      Utah Code Sections Affected:
             31      AMENDS:
             32          58-55-102, as last amended by Chapters 33 and 241, Laws of Utah 2002
             33          58-56-3, as last amended by Chapter 75, Laws of Utah 2002
             34          58-56-4, as last amended by Chapter 75, Laws of Utah 2002
             35          58-56-12, as enacted by Chapter 293, Laws of Utah 1990
             36          58-56-15, as enacted by Chapter 293, Laws of Utah 1990
             37          70D-1-19, as enacted by Chapter 229, Laws of Utah 2003
             38     
             39      Be it enacted by the Legislature of the state of Utah:
             40          Section 1. Section 58-55-102 is amended to read:
             41           58-55-102. Definitions.
             42          In addition to the definitions in Section 58-1-102 , as used in this chapter:
             43          (1) (a) "Alarm business or company" means a person engaged in the sale, installation,
             44      maintenance, alteration, repair, replacement, servicing, or monitoring of an alarm system,
             45      except as provided in Subsection (1)(b).
             46          (b) "Alarm business or company" does not include [the activities of]:
             47          (i) a person engaged in the manufacture and sale of alarm systems when that person is
             48      not engaged in the installation, maintenance, alteration, repair, replacement, servicing, or
             49      monitoring of alarm systems, and the manufacture or sale occurs only at a place of business
             50      established by the person engaged in the manufacture or sale and does not involve site visits at
             51      the place or intended place of installation of an alarm system; or
             52          (ii) an owner of an alarm system, or an employee of the owner of an alarm system who
             53      is engaged in installation, maintenance, alteration, repair, replacement, servicing, or monitoring
             54      of the alarm system owned by that owner.
             55          (2) "Alarm company agent" means any individual employed within this state by a
             56      person engaged in the alarm business.



             57          (3) "Alarm system" means equipment and devices assembled for the purpose of:
             58          (a) detecting and signaling unauthorized intrusion or entry into or onto certain
             59      premises; or
             60          (b) signaling a robbery or attempted robbery on protected premises.
             61          (4) "Apprentice electrician" means a person licensed under this chapter as an
             62      apprentice electrician who is learning the electrical trade under approved supervision of a
             63      master electrician, residential master electrician, a journeyman electrician, or a residential
             64      journeyman electrician.
             65          (5) "Apprentice plumber" means a person licensed under this chapter as an apprentice
             66      plumber who is learning the plumbing trade under approved supervision of a journeyman
             67      plumber.
             68          (6) "Approved supervision" means the immediate supervision of apprentices by
             69      qualified licensed electricians or plumbers as a part of a planned program of training.
             70          (7) "Board" means the Electrician Licensing Board, Alarm System Security and
             71      Licensing Board, or Plumbers Licensing Board created in Section 58-55-201 .
             72          (8) "Combustion system" means an assembly consisting of:
             73          (a) components with a means for conveying, either continuously or intermittently,
             74      natural gas from the shutoff valve of the piping system nearest the gas appliance to the burner
             75      [and includes];
             76          (b) electric control and combustion air supply and venting systems[, either
             77      continuously or intermittently, and that incorporates]; and
             78          (c) components intended to achieve control of quantity, flow, and pressure.
             79          (9) "Commission" means the Construction Services Commission created under Section
             80      58-55-103 .
             81          (10) "Construction trade" means any trade or occupation involving:
             82          (a) construction, alteration, remodeling, repairing, wrecking or demolition, addition to,
             83      or improvement of any building, highway, road, railroad, dam, bridge, structure, excavation or
             84      other project, development, or improvement to other than personal property; or
             85          (b) installation or repair of a residential or commercial natural gas appliance or [a]
             86      combustion system.
             87          (11) "Construction trades instructor" means a person licensed under this chapter to


             88      teach one or more construction trades in both a classroom and project environment, where a
             89      project is intended for sale to or use by the public and is completed under the direction of [an]
             90      the instructor, who has no economic interest in the project.
             91          (12) (a) "Contractor" means any person who for compensation other than wages as an
             92      employee undertakes any work in the construction, plumbing, or electrical trade for which
             93      licensure is required under this chapter and includes:
             94          (i) a person who builds any structure on his own property for the purpose of sale or
             95      who builds any structure intended for public use on his own property;
             96          (ii) any person who represents himself to be a contractor by advertising or any other
             97      means;
             98          (iii) any person engaged as a maintenance person, other than an employee, who
             99      regularly engages in activities set forth under the definition of "construction trade";
             100          (iv) any person engaged in any construction trade for which licensure is required under
             101      this chapter; or
             102          (v) a construction manager who performs management and counseling services on a
             103      construction project for a fee.
             104          (b) "Contractor" does not include an alarm company or alarm company agent.
             105          (13) (a) "Electrical trade" means the performance of any electrical work involved in the
             106      installation, construction, alteration, change, repair, removal, or maintenance of facilities,
             107      buildings, or appendages or appurtenances.
             108          (b) "Electrical trade" does not include:
             109          (i) transporting or handling electrical materials;
             110          (ii) preparing clearance for raceways for wiring; or
             111          (iii) work commonly done by unskilled labor [or] on any installations under the
             112      exclusive control of electrical utilities.
             113          (c) For purposes of Subsection (13)(b):
             114          (i) no more than one unlicensed person may be so employed unless more than five
             115      licensed electricians are employed by the shop; and
             116          (ii) a shop may not employ unlicensed persons in excess of the five-to-one ratio
             117      permitted by this Subsection (13)(c).
             118          (14) "Employee" means an individual as defined by the division by rule giving


             119      consideration to the definition adopted by the Internal Revenue Service and the Department of
             120      Workforce Services.
             121          (15) "Engage in a construction trade" means to:
             122          (a) engage in, represent oneself to be engaged in, or advertise oneself as being engaged
             123      in a construction trade; or
             124          (b) use the name "contractor" or "builder" or in any other way lead a reasonable person
             125      to believe one is or will act as a contractor.
             126          (16) "Financial responsibility" means a demonstration of a current and expected future
             127      condition of financial solvency evidencing a reasonable expectation to the division and the
             128      board that an applicant or licensee can successfully engage in business as a contractor without
             129      jeopardy to the public health, safety, and welfare. Financial responsibility may be determined
             130      by an evaluation of the total history concerning the licensee or applicant including past,
             131      present, and expected condition and record of financial solvency and business conduct.
             132          (17) "Gas appliance" means any device that uses natural gas to produce light, heat,
             133      power, steam, hot water, refrigeration, or air conditioning.
             134          (18) "General building contractor" means a person licensed under this chapter as a
             135      general building contractor qualified by education, training, experience, and knowledge to
             136      perform or superintend construction of structures for the support, shelter, and enclosure of
             137      persons, animals, chattels, or movable property of any kind or any of the components of that
             138      construction except plumbing, electrical[, and] work, mechanical[,] work, and manufactured
             139      housing installation, for which the general building contractor shall employ the services of a
             140      contractor licensed in the particular specialty, except that a general building contractor engaged
             141      in the construction of single-family and multifamily residences up to four units may perform
             142      the mechanical work and hire a licensed plumber or electrician as an employee. The division
             143      may by rule exclude general building contractors from engaging in the performance of other
             144      construction specialties in which there is represented a substantial risk to the public health,
             145      safety, and welfare, and for which a license is required unless that general building contractor
             146      holds a valid license in that specialty classification.
             147          (19) "General engineering contractor" means a person licensed under this chapter as a
             148      general engineering contractor qualified by education, training, experience, and knowledge to
             149      perform construction of fixed works in any [or all] of the following: irrigation, drainage, water,


             150      power, water supply, flood control, inland waterways, harbors, railroads, highways, tunnels,
             151      airports and runways, sewers and bridges, refineries, pipelines, chemical and industrial plants
             152      requiring specialized engineering knowledge and skill, piers, and foundations, or any of the
             153      components of those works. However, a general engineering contractor may not perform
             154      construction of structures built primarily for the support, shelter, and enclosure of persons,
             155      animals, and chattels.
             156          (20) "Immediate supervision" means reasonable direction, oversight, inspection, and
             157      evaluation of the work of a person, in or out of the immediate presence of the supervising
             158      person, so as to ensure that the end result complies with applicable standards.
             159          (21) "Individual" means a natural person.
             160          (22) "Journeyman electrician" means a person licensed under this chapter as a
             161      journeyman electrician having the qualifications, training, experience, and knowledge to wire,
             162      install, and repair electrical apparatus and equipment for light, heat, power, and other purposes.
             163          (23) "Journeyman plumber" means a person licensed under this chapter as a
             164      journeyman plumber having the qualifications, training, experience, and technical knowledge
             165      to engage in the plumbing trade.
             166          (24) "Master electrician" means a person licensed under this chapter as a master
             167      electrician having the qualifications, training, experience, and knowledge to properly plan,
             168      layout, and supervise the wiring, installation, and repair of electrical apparatus and equipment
             169      for light, heat, power, and other purposes.
             170          (25) "Person" means a natural person, sole proprietorship, joint venture, corporation,
             171      limited liability company, association, or organization of any type.
             172          (26) (a) "Plumbing trade" means the performance of any mechanical work pertaining to
             173      the installation, alteration, change, repair, removal, maintenance, or use in buildings, or within
             174      three feet beyond the outside walls of buildings of pipes, fixtures, and fittings for:
             175          (i) delivery of the water supply[,];
             176          (ii) discharge of liquid and water carried waste[,]; or
             177          (iii) the building drainage system within the walls of the building. [It]
             178          (b) "Plumbing trade" includes [that] work pertaining to the water supply, distribution
             179      pipes, fixtures[,] and fixture traps, [the] soil, waste and vent pipes, and the building drain and
             180      roof drains together with their devices, appurtenances, and connections where installed within


             181      the outside walls of the building.
             182          (27) "Ratio of apprentices" means, for the purpose of determining compliance with the
             183      requirements for planned programs of training and electrician apprentice licensing applications,
             184      the shop ratio of apprentice electricians to journeyman or master electricians shall be one
             185      journeyman or master electrician to one apprentice on industrial and commercial work, and one
             186      journeyman or master electrician to three apprentices on residential work. [All on-the-job]
             187      On-the-job training shall be under circumstances in which the ratio of apprentices to
             188      supervisors is in accordance with a ratio of one-to-one on nonresidential work and up to three
             189      apprentices to one supervisor on residential projects.
             190          (28) "Residential and small commercial contractor" means a person licensed under this
             191      chapter as a residential and small commercial contractor qualified by education, training,
             192      experience, and knowledge to perform or superintend the construction of single-family
             193      residences, multifamily residences up to four units, and commercial construction of not more
             194      than three stories above ground and not more than 20,000 square feet, or any of the components
             195      of that construction except plumbing, electrical[, and] work, mechanical[,] work, and
             196      manufactured housing installation, for which the residential and small commercial contractor
             197      shall employ the services of a contractor licensed in the particular specialty, except that a
             198      residential and small commercial contractor engaged in the construction of single-family and
             199      multifamily residences up to four units may perform the mechanical work and hire a licensed
             200      plumber or electrician as an employee.
             201          (29) "Residential apprentice plumber" means a person licensed under this chapter as a
             202      residential apprentice plumber who is learning the residential plumbing trade while working on
             203      residential buildings under the approved supervision of a residential journeyman plumber or a
             204      journeyman plumber.
             205          (30) "Residential building," as it relates to the license classification of residential
             206      apprentice plumber and residential journeyman plumber, means a single or multiple family
             207      dwelling of up to four units.
             208          (31) "Residential journeyman electrician" means a person licensed under this chapter
             209      as a residential journeyman electrician having the qualifications, training, experience, and
             210      knowledge to wire, install, and repair electrical apparatus and equipment for light, heat, power,
             211      and other purposes on buildings using primarily nonmetallic sheath cable.


             212          (32) "Residential journeyman plumber" means a person licensed under this chapter as a
             213      residential journeyman plumber having the qualifications, training, experience, and knowledge
             214      to engage in the plumbing trade as limited to the plumbing of residential buildings.
             215          (33) "Residential master electrician" means a person licensed under this chapter as a
             216      residential master electrician having the qualifications, training, experience, and knowledge to
             217      properly plan, layout, and supervise the wiring, installation, and repair of electrical apparatus
             218      and equipment for light, heat, power, and other purposes on residential projects.
             219          (34) "Residential project," as it relates to an electrician or electrical contractor, means
             220      buildings primarily wired with nonmetallic sheathed cable, in accordance with standard rules
             221      and regulations governing this work, including the National Electrical Code, and in which the
             222      voltage does not exceed 250 volts line to line and 125 volts to ground.
             223          (35) "Specialty contractor" means a person licensed under this chapter under a
             224      specialty contractor classification established by rule, who is qualified by education, training,
             225      experience, and knowledge to perform those construction trades and crafts requiring
             226      specialized skill, the regulation of which are determined by the division to be in the best
             227      interest of the public health, safety, and welfare. A specialty contractor may perform work in
             228      crafts or trades other than those in which he is licensed if they are incidental to the performance
             229      of his licensed craft or trade.
             230          (36) "Unlawful conduct" is as defined in Sections 58-1-501 and 58-55-501 .
             231          (37) "Unprofessional conduct" is as defined in Sections 58-1-501 and 58-55-502 and as
             232      may be further defined by rule.
             233          (38) "Wages" means [all] amounts due to an employee for labor or services whether
             234      the amount is fixed or ascertained on a time, task, piece, commission, or other basis for
             235      calculating the amount.
             236          Section 2. Section 58-56-3 is amended to read:
             237           58-56-3. Definitions.
             238          In addition to the definitions in Section 58-1-102 , as used in this chapter:
             239          (1) "Building" means a structure used or intended for supporting or sheltering any use
             240      or occupancy and any improvements attached to it.
             241          (2) "Code(s)" means the following codes, including the standards and specifications
             242      contained in them:


             243          (a) codes adopted by the commission under Subsection 58-56-4 (2); and
             244          (b) codes approved by the commission under Subsection 58-56-4 (4)(a).
             245          (3) "Commission" means the Uniform Building Code Commission created under this
             246      chapter.
             247          (4) "Compliance agency" means an agency of the state or any of its political
             248      subdivisions which [issue] issues permits for construction regulated under the codes, or any
             249      other agency of the state or its political subdivisions specifically empowered to enforce
             250      compliance with the codes.
             251          (5) "Factory built housing" means manufactured homes or mobile homes.
             252          (6) "Factory built housing set-up contractor" means an individual licensed by the
             253      division to set up or install factory built housing on a temporary or permanent basis. The scope
             254      of the work included under the license includes the placement and or securing of the factory
             255      built housing on a permanent or temporary foundation, securing the units together if required,
             256      and connection of the utilities to the factory built housing unit, but does not include site
             257      preparation, construction of a permanent foundation, and construction of utility services to the
             258      near proximity of the factory built housing unit. If a dealer is not licensed as a factory built
             259      housing set up contractor, that individual must subcontract the connection services to
             260      individuals who are licensed by the division to perform those specific functions under Title 58,
             261      Chapter 55, Utah Construction Trades Licensing Act.
             262          (7) "HUD code" means the [Federal] National Manufactured Housing Construction and
             263      Safety Standards Act, 42 U.S.C. Sec. 5401 et seq.
             264          [(8) "Installation standard" means the standard adopted and published by the National
             265      Conference of States on Building Codes and Standards (NCSBCS), for the installation of
             266      manufactured homes titled "The Standard for Manufactured Home Installations," the
             267      accompanying manufacturer's instructions for the installation of the manufactured home, or
             268      such equivalent standard as adopted by rule.]
             269          [(9)] (8) "Local regulator" means each political subdivision of the state which is
             270      empowered to engage in the regulation of construction, alteration, remodeling, building, repair,
             271      and other activities subject to the codes.
             272          [(10)] (9) "Manufactured home" means a transportable factory built housing unit
             273      constructed on or after June 15, 1976, according to the [Federal Home Construction and Safety


             274      Standards Act of 1974 (]HUD Code[)], in one or more sections, which, in the traveling mode,
             275      is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is
             276      400 or more square feet, and which is built on a permanent chassis and designed to be used as a
             277      dwelling with or without a permanent foundation when connected to the required utilities, and
             278      includes the plumbing, heating, air-conditioning, and electrical systems. [All manufactured]
             279      Manufactured homes constructed on or after June 15, 1976, shall be identifiable by the
             280      manufacturer's data plate bearing the date the unit was manufactured and a HUD label attached
             281      to the exterior of the home certifying the home was manufactured to HUD standards.
             282          [(11)] (10) "Mobile home" means a transportable factory built housing unit built prior
             283      to June 15, 1976, in accordance with a state mobile home code which existed prior to the
             284      [Federal Manufactured Housing and Safety Standards Act (]HUD Code[)].
             285          [(12)] (11) "Modular unit" means a structure built from sections which are
             286      manufactured in accordance with the construction standards adopted pursuant to Section
             287      58-56-4 and transported to a building site, the purpose of which is for human habitation,
             288      occupancy, or use.
             289          [(13)] (12) "Opinion" means a written, nonbinding, and advisory statement issued by
             290      the commission concerning an interpretation of the meaning of the codes or the application of
             291      the codes in a specific circumstance issued in response to a specific request by a party to the
             292      issue.
             293          [(14)] (13) "State regulator" means an agency of the state which is empowered to
             294      engage in the regulation of construction, alteration, remodeling, building, repair, and other
             295      activities subject to the codes adopted pursuant to this chapter.
             296          [(15)] (14) "Unlawful conduct" is as defined in Subsection 58-1-501 (1) and includes:
             297          (a) engaging in the sale of factory built housing without being registered with the
             298      division as a dealer, unless the sale is exempt under Section 58-56-16 ; and
             299          (b) selling factory built housing within the state as a dealer without collecting and
             300      remitting to the division the fee required by Section 58-56-17 .
             301          [(16)] (15) "Unprofessional conduct" is as defined in Subsection 58-1-501 (2) and
             302      includes:
             303          (a) any nondelivery of goods or services by a registered dealer which constitutes a
             304      breach of contract by the dealer;


             305          (b) the failure of a registered dealer to pay a subcontractor or supplier any amounts to
             306      which that subcontractor or supplier is legally entitled; and
             307          (c) any other activity which is defined as unprofessional conduct by division rule in
             308      accordance with the provisions of Title 63, Chapter 46a, Utah Administrative Rulemaking Act.
             309          Section 3. Section 58-56-4 is amended to read:
             310           58-56-4. Definitions -- Adoption of building codes -- Amendments -- Approval of
             311      other codes -- Exemptions.
             312          (1) As used in this section:
             313          (a) "agricultural use" means a use that relates to the tilling of soil and raising of crops,
             314      or keeping or raising domestic animals, for the purpose of commercial food production;
             315          (b) "not for human occupancy" means use of a structure for purposes other than
             316      protection or comfort of human beings, but allows people to enter the structure for:
             317          (i) maintenance and repair; and
             318          (ii) the care of livestock, crops, or equipment intended for agricultural use which are
             319      kept there; and
             320          (c) "residential area" means land that is not used for an agricultural use and is:
             321          (i) (A) within the boundaries of a city or town; and
             322          (B) less than five contiguous acres;
             323          (ii) (A) within a subdivision for which the county has approved a subdivision plat
             324      under Title 17, Chapter 27, Part 8, Subdivision; and
             325          (B) less than two contiguous acres; or
             326          (iii) not located in whole or in part in an agricultural protection area created under Title
             327      17, Chapter 41, Agricultural Protection Area.
             328          (2) (a) Subject to the provisions of Subsections (4) and (5), the following codes, each
             329      of which must be promulgated by a nationally recognized code authority, shall be adopted, in
             330      the manner described in Subsection (2)(b), as the construction codes which the state and each
             331      political subdivision of the state shall follow in the circumstances described in Subsection (3):
             332          (i) a building code;
             333          (ii) the National Electrical Code promulgated by the National Fire Protection
             334      Association;
             335          (iii) a plumbing code; [and]


             336          (iv) a mechanical code[.]; and
             337          (v) a manufactured housing installation standard code.
             338          (b) The division, in collaboration with the commission, shall adopt by rule specific
             339      editions of the codes described in Subsection (2)(a), and may adopt by rule successor editions
             340      of any adopted code.
             341          (c) The division, in collaboration with the commission, may, in accordance with
             342      Section 58-56-7 , adopt amendments to the codes adopted under Subsection (2)(a), to be
             343      applicable to the entire state or within one or more political subdivisions.
             344          (3) Subject to the provisions of Subsections (4) and (5), the codes and amendments
             345      adopted under Subsection (2) shall be followed when:
             346          (a) new construction is involved;
             347          (b) the owner of an existing building, or the owner's agent, is voluntarily engaged in:
             348          (i) the repair, renovation, remodeling, alteration, enlargement, rehabilitation,
             349      conservation, or reconstruction of the building; or
             350          (ii) changing the character or use of the building in a manner which increases the
             351      occupancy loads, other demands, or safety risks of the building.
             352          (4) (a) The division, in collaboration with the commission, shall have discretion to
             353      approve, without adopting, certain codes in addition to those described in Subsection (2)(a),
             354      including specific editions of the codes, for use by a compliance agency.
             355          (b) If the applicable code is one which the division has approved under Subsection
             356      (4)(a), a compliance agency has the discretion to:
             357          (i) adopt an ordinance requiring removal, demolition, or repair of a building, according
             358      to a code;
             359          (ii) adopt, by ordinance or rule, a dangerous building code; or
             360          (iii) adopt, by ordinance or rule, a building rehabilitation code.
             361          (5) (a) Except in a residential area, a structure used solely in conjunction with
             362      agriculture use, and not for human occupancy, is exempted from the permit requirements of
             363      any code adopted by the division.
             364          (b) Notwithstanding Subsection (5)(a), unless otherwise exempted, plumbing,
             365      electrical, and mechanical permits may be required when that work is included in the structure.
             366          Section 4. Section 58-56-12 is amended to read:


             367           58-56-12. Factory built housing units.
             368          [Factory built housing unit construction, permit issuance for set-up, set-up and set-up
             369      inspection shall be in accordance with the following:]
             370          [(1) Manufactured homes:]
             371          (1) (a) Manufactured homes constructed, sold, or set-up in the state shall be
             372      constructed in accordance with the HUD code[;].
             373          (b) Manufactured homes set-up in the state shall be installed in accordance with the
             374      ["installation standard" defined in Section 58-56-3 ;] manufactured housing installation
             375      standard code referred to in Section 58-56-4 .
             376          (c) The authority and responsibility for the issuance of building permits for the
             377      modification or set-up of manufactured homes within a political subdivision of the state shall
             378      be with the local regulator within that political subdivision[; and].
             379          (d) The inspection of modifications to or the set-up of manufactured homes shall be
             380      conducted and approvals given by the local regulator within the political subdivision in which
             381      the set-up takes place.
             382          [(2) Mobile homes:]
             383          (2) (a) Mobile homes sold or set-up in the state shall be constructed in accordance with
             384      the mobile home construction code in existence in the state in which the mobile home was
             385      constructed at the time the mobile home was constructed[;].
             386          (b) Mobile homes set-up in the state shall be installed in accordance with the
             387      ["installation standard" defined in Section 58-56-3 ;] manufactured housing installation
             388      standard code referred to in Section 58-56-4 .
             389          (c) The authority and responsibility for the issuance of building permits for the
             390      modification of or set-up of mobile homes within a political subdivision of the state shall be
             391      with the local regulator within that political subdivision[; and].
             392          (d) The inspection of[,] modification to[,] or the set-up of mobile homes shall be
             393      conducted and approvals given by the local regulator within the political subdivision in which
             394      the set-up takes place.
             395          Section 5. Section 58-56-15 is amended to read:
             396           58-56-15. Factory built housing and modular units -- Division responsibility --
             397      Unlawful conduct.


             398          (1) The division:
             399          [(1)] (a) shall maintain current [files with respect to] information on the HUD code
             400      [and amendments thereto with respect to manufactured homes and the "installation standard"
             401      defined in Section 58-56-3 with respect to installation of factory built housing;] and the
             402      manufactured housing installation standard code referred to in Section 58-56-4 and will
             403      provide at reasonable cost [such] the information to [all] compliance agencies, local regulators,
             404      or state regulators requesting such information;
             405          [(2)] (b) shall provide qualified personnel to advise compliance agencies, local
             406      regulators, and state regulators regarding the standards for construction and set-up, construction
             407      and set-up inspection, and additions or modifications to factory built housing;
             408          [(3) may regularly inspect the work of all factory built housing manufacturers in the
             409      state during the construction process to determine compliance of the manufacturer with the
             410      applicable standards of the HUD code or the American National Standards Institute, Inc. or
             411      equivalent standards adopted by rule; and upon a finding of any substantive deficiency furnish
             412      a written finding of such deficiency to the standards agency;]
             413          [(4)] (c) is [hereby] designated as the state administrative agency [and shall act as such]
             414      for [all] purposes under the provisions of the HUD code; [and]
             415          [(5)] (d) may inspect the work of [all] modular unit manufacturers in the state during
             416      the construction process to determine compliance of the manufacturer with the Utah Uniform
             417      Building Standard Act for those units to be installed within the state[;] and upon a finding of
             418      [any] substantive deficiency, issue a corrective order to the manufacturer with a copy to the
             419      local regulator in the state's political subdivision in which the unit is to be installed[.];
             420          (e) shall have rights of entry and inspection as specified under the HUD Code; and
             421          (f) shall implement by rule as required by the HUD Code:
             422          (i) a dispute resolution program; and
             423          (ii) a continuing education requirement for manufactured housing installation
             424      contractors.
             425          (2) The Division may assess civil penalties payable to the state for violation of the
             426      HUD Code in an amount identical to those set forth in Section 611 of the National
             427      Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Sec. 5410.
             428          (3) The state may impose criminal sanctions for violations of the HUD Code identical


             429      to those set forth in Section 611 of the National Manufactured Housing Construction and
             430      Safety Standards Act of 1974, 42 U.S.C. Sec. 5410, provided that if the criminal sanction is a
             431      fine, the fine shall be payable to the state.
             432          Section 6. Section 70D-1-19 is amended to read:
             433           70D-1-19. Definitions.
             434          As used in this chapter:
             435          (1) "Manufactured home" means a transportable factory built housing unit constructed
             436      on or after June 15, 1976, according to the National Manufactured Housing Construction and
             437      Safety Standards Act of 1974, in one or more sections, which, in the traveling mode, is eight
             438      body feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or
             439      more square feet, and which is built on a permanent chassis and designed to be used as a
             440      dwelling with or without a permanent foundation when connected to the required utilities, and
             441      includes the plumbing, heating, air-conditioning, and electrical systems.
             442          (2) "Mobile home" means a transportable factory built housing unit built prior to June
             443      15, 1976, in accordance with a state mobile home code which existed prior to the National
             444      Manufactured Housing Construction and Safety Standards Act of 1974.
             445          (3) "Permanently affixed" means anchored to, and supported by, a permanent
             446      foundation or installed in accordance with [an installation standard as defined in Subsection
             447      58-56-3 (8)] the manufactured housing installation standard code referred to in Section 58-56-4 .


[Bill Documents][Bills Directory]