sb 0442

CHAPTER 191

SB 442 – FINAL VERSION

AN ACT relative to manufactured housing installation standards.

SPONSORS: Sen. Clegg, Dist 14; Sen. Barnes, Dist 17; Sen. Gallus, Dist 1; Sen. D’Allesandro, Dist 20; Rep. Whalley, Belk 31; Rep. E. Smith, Ches 26; Rep. Patten, Carr 7; Rep. Letourneau, Rock 77

This bill establishes installation standards for manufactured housing based on the Federal Manufactured Housing Act of 2000.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to manufactured housing installation standards.

Be it Enacted by the Senate and House of Representatives in General Court convened:

191:1 New Chapter; Manufactured Housing Installation Standards. Amend RSA by inserting after chapter 205-C the following new chapter:

I. “Anchoring system” means a method of construction which when properly designed and installed will resist overturning and lateral movement of the manufactured house.

IV. “Dealer” or “retailer” means any person engaged in the retail selling or offering for sale, brokering, or distribution of manufactured houses, primarily to a person who purchases these houses for residential use.

VI. “Federal Manufactured Housing Construction and Safety Standard” means a standard for the construction, design, and performance of a manufactured house which meets the needs of the public including the need for quality, durability, and safety which has been duly adopted by the federal government pursuant to the National Manufactured Housing Construction and Safety Standards Acts of 1974, 42 United States Code, section 5401, et seq.

VII. “Installation” means the placement of a manufactured house on a permanent or temporary system. This term includes, but is not limited to, supporting, restraining, blocking, leveling, securing, anchoring, and connection of plumbing, heating, cooling, and electrical systems and the multiple or expandable sections of the house. Installation shall include site preparation.

VIII. “Installation standards” means reasonable specifications for the installation of a manufactured house, at the place of occupancy, to ensure proper siting, the joining of all sections of the house, and the installation of stabilization, support, or anchoring systems.

IX. “Installer” means any person who performs the installation of manufactured houses as prescribed under this chapter.

X. “Local enforcement agency” means the building inspector or other local government official with authority to issue permits or enforce building codes.

XI. “Manufactured housing” means any structure, transportable in one or more sections, which in the traveling mode, is 8 body feet or more in width and 40 body feet or more in length, or when erected on site, is 320 square feet or more, 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 required utilities, which include plumbing, heating, and electrical heating systems contained therein. Manufactured housing as defined in this section shall not include campers or recreation vehicles as defined in RSA 216-I:1 or RSA 259:84-a; presite built housing as defined in RSA 674:31-a; or modular buildings as defined in RSA 205-C:1, XI.

XII. “Manufacturer” means any person engaged in manufacturing or assembling manufactured housing.

XIII. “Site” means a designated lot or parcel of land designed for the accommodation of a manufactured house.

I. There is hereby created an installation standards board consisting of the commissioner of the department of safety or the commissioner’s designee and 12 additional members appointed by the commissioner of safety as follows:

(a) Two public members who are not tenants or owners of a manufactured house, owners or operators of a manufactured housing park, or in any way associated with the manufactured housing industry.

(b) One installer of manufactured housing, nominated by the New Hampshire Manufactured Housing Association.

(c) One structural engineer or architect licensed in this state for a minimum of 5 years, nominated by the board of professional engineers established under RSA 310-A:3.

(d) One dealer or retailer, nominated by the New Hampshire Manufactured Housing Association.

(e) One owner or operator of a manufactured housing park with 100 or fewer lots, nominated by the New Hampshire Manufactured Housing Association.

(f) One owner or operator of a manufactured housing park with more than 100 lots, nominated by the New Hampshire Manufactured Housing Association.

(g) One member of a cooperative manufactured housing park, nominated by the Mobile/Manufactured Homeowner and Tenants Association of New Hampshire.

(h) One municipal building code official, nominated by the New Hampshire Building Officials Association.

(i) One municipal fire chief, nominated by the New Hampshire Association of Fire Chiefs.

(j) One civil engineer licensed in this state for a minimum of 5 years, nominated by the board of professional engineers established under RSA 310-A:3.

(k) One homeowner of a manufactured house, nominated by the Mobile/Manufactured Homeowner and Tenants Association of New Hampshire.

II. Each person shall serve for a 3-year term and until a successor is appointed and qualified; provided, however, that the initial appointments shall be as follows:

(a) Members appointed pursuant to subparagraphs I(b), (d), (k), and (f) shall serve 3-year terms.

(b) Members appointed pursuant to subparagraphs I(c), (h), (e), and (i) shall serve 2-year terms.

III. At the initial organizational meeting of the board, the commissioner shall appoint a chairperson from among the members.

IV. If there is a vacancy on the board, the provisions of RSA 21:33-a and RSA 21:34 shall apply to the public members, as well as to the members appointed pursuant to subparagraphs I(b) through (k).

V. The board shall hold meetings every 90 days and may meet more frequently as deemed necessary by the board or the chairperson.

I. Assure compliance with the Federal Manufactured Housing Construction and Safety Standard, including compliance with the standard as amended by the Manufactured Housing Improvement Act of 2000, Public Law 106-569.

II. Establish uniform manufactured housing installation standards in order to protect the quality, durability, safety, and affordability of manufactured housing in this state.

III. Adequately license and train manufactured housing installers in order to ensure the proper performance of the house and protect the safety and welfare of the public.

IV. Ensure compliance with state installation standards by conducting appropriate inspections of the installation of manufactured housing.

V. Provide a fair and effective recourse for consumers relative to installation standards; and provide a dispute resolution program for timely resolution of disputes between manufacturers, retailers, and installers of manufactured houses regarding responsibility, and for the issuance of appropriate orders, for the correction or repair of defects in manufactured houses that are reported during the one year period beginning on the date of installation.

I. This chapter shall apply to the installation of all new and relocated manufactured housing that is used as a residential dwelling, except as provided in paragraph II.

II. The following manufactured housing sites are exempt from this chapter; provided that such housing sites are maintained and operated in a safe and sanitary condition:

(a) Sites that are already occupied as of the date of the enactment of this chapter.

(b) Sites for the installation of manufactured housing which provides temporary relief from fire, flood, or other disasters. The site shall be exempt from the provisions of this chapter for a period of one year from the date of the placement of the house.

III. Installers shall have the option of installing manufactured housing in accordance with one of the following standards:

(b) A design prepared by a registered professional engineer or architect for the site.

(c) The manufacturer’s installation instructions, provided that such instructions meet or exceed the New Hampshire installation standards as developed by the board.

I. The local enforcement agency, or if there is no local enforcement agency, the state fire marshal or the state fire marshal’s designee, shall:

(a) Conduct appropriate inspections to ensure compliance throughout the state with installation practices consistent with the provisions of this chapter and rules promulgated hereunder.

(b) Enter any premises on which an installation is being or has been completed subject to regulation under this chapter for the purpose of making such inspection as is necessary to carry out his or her duties under this chapter. Inspections shall be done prior to occupancy of the manufactured house.

(d) Order any installer to discontinue installation until the violations are corrected.

(e) Approve the continuation of work on the installation upon being satisfied that violations have been corrected.

(f) Issue a certificate of compliance upon satisfaction that a manufactured house has been installed in compliance with this chapter and the rules promulgated under this chapter.

II. Whenever a local enforcement agency, or if there is no local enforcement agency, the state fire marshal or the state fire marshal’s designee, orders the correction of a violation under subparagraph I(c), he or she shall immediately notify the board.

IV. Any installer aggrieved under the provisions of this section may file a complaint in accordance with RSA 205-D:6.

I. A consumer, park owner, manufacturer, retailer, or installer of manufactured housing aggrieved or having a dispute regarding the installation of a manufactured house under the provisions of this chapter may file a complaint with the board.

III. To be accepted for filing, complaints shall be filed on a form provided by the board.

IV. All complaints shall be filed with the board within one year of the date of occupancy.

V. If the board determines that a complaint requires further investigation, it shall be acted upon within 60 days. The board shall establish procedures for expedited hearings on complaints where the circumstances set forth in the complaint warrant it.

VI. Upon confirmation that a complaint complies with this section, the board shall schedule a hearing on the complaint in accordance with the provisions of RSA 541-A.

205-D:7 License Required. No person shall install any manufactured house subject to the provisions of this chapter without first obtaining a license from the board as required by this chapter.

205-D:8 Qualifications for License. The board shall issue a license to any applicant who at a minimum:

II. Has 2 years experience as a manufactured housing installer or proves to the board’s satisfaction equivalent installation experience;

III. Has successfully completed 6 hours of training on installation standards; and

I. The board shall not issue a license to any person unless the person has posted a surety bond in the amount of at least $100,000, as determined by the board, or the equivalent in cash, marketable securities, letters of credit, or escrow accounts with the attorney general. The type of bond shall be designated by the attorney general. No surety bond shall be accepted unless it is with a surety company authorized to do business in this state. The surety may cancel the bond at any time upon giving 30 days’ written notice to the attorney general.

II. Any person who is damaged by any violation of this chapter may bring an action against the bond or its equivalent to recover damages suffered and any other amounts allowable by law. The attorney general, in any action brought under this chapter or any other applicable provisions of the law, may likewise proceed against the bond or its equivalent.

II. Applications for licensure shall be accompanied by proof of the surety bond required by this chapter, and payment of the license fee.

III. The board may require each applicant to provide additional information about the applicant’s background and trustworthiness as is reasonably necessary.

I. All licenses issued by the board shall expire on the last day of the month of the licensee’s birth, but may be renewed during the following month, retroactive to the first day of the month. Upon failure to pay the renewal fee within the required period, a licensee may renew his or her license by submitting the required fee plus $10 before the last day of the second month following the month of his or her birth.

II. Persons licensed as installers are eligible for renewal of their licenses if they:

(b) Meet any requirements for continuing education established by the board in rules adopted pursuant to RSA 541-A; and

I. The board may establish, pursuant to RSA 541-A, fees for licensure, license renewal, training, inspections conducted by the state fire marshal, and the manufacturer’s warranty seal. The fees established by the board shall be sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses of the board for the previous fiscal year. The fee for the manufacturer’s warranty seal shall not exceed $50. If the fees collected through licensure, license renewal, training, and the manufacturer’s warranty seal are not sufficient to produce revenue to carry out the responsibilities of the board and the responsibilities of the state fire marshal in conducting inspections under this chapter, then the board shall establish a fee for inspection which shall not exceed $100.

II. The board shall establish fees for the first year of its operation based upon its estimate of expenses necessary to carry out the provisions of this chapter during that fiscal year. The comptroller is authorized upon request of the department of safety to establish necessary budgetary components and operating accounts in the department and to transfer revenues received from the fees in this section and in RSA 205-D:11 to the department to carry out the responsibilities of the board and the responsibilities of the state fire marshal in conducting inspections under this chapter.

III. If an inspection is conducted by a local enforcement agency, the local enforcement agency may charge fees established pursuant to RSA 674:51, III(d).

(b) Upon a sworn written complaint of any person which charges that a person licensed by the board has committed misconduct under paragraph II and which specifies the grounds therefor.

II. Conduct sufficient to support disciplinary proceedings under this section shall include, but is not limited to, any of the following:

(a) The practice of fraud or deceit in procuring or attempting to procure a license to practice under this chapter.

(c) Suspension or revocation of a license, similar to one issued under this chapter, in another jurisdiction and which has not been reinstated.

III. The board may take disciplinary action in any one or more of the following ways:

(b) By suspension, limitation, or restriction of license for a period of up to 5 years.

(d) By requiring the person to participate in a program of continuing education in the area or areas in which he or she has been found deficient.

205-D:14 Hearings. The board shall take no disciplinary action without a hearing. At least 14 days prior to hearing, both parties to a disciplinary proceeding shall be served, either personally or by registered mail, with a written copy of the complaint filed and notice of the time and place for hearing. All complaints shall be objectively received and fairly heard by the board. A hearing shall be held on all written complaints received by the board within 90 days of the date that notice of a complaint was received by the accused, unless otherwise agreed to by the parties. Written notice of all disciplinary decisions made by the board shall be given to both parties to the proceeding upon their issuance.

205-D:15 Penalty. Any person acting as an installer without a license, or violating any of the provisions of this chapter, shall be guilty of a class B misdemeanor.

205-D:16 Consumer Protection Act. Nothing in this chapter shall preclude an aggrieved party from seeking redress under RSA 358-A, the consumer protection act, for any unfair or deceptive trade practice committed relative to the installation of manufactured housing.

205-D:17 Warranty Seal. Before a manufactured house may be installed in this state, the manufacturer shall first obtain from the board a manufacturer’s warranty seal and attach the seal to the manufactured house.

I. Manufactured housing which is installed in compliance with this chapter shall be exempt from all state or local standards or regulations which regulate the same matters.

II. Nothing in this chapter shall be construed to amend or repeal the provisions of RSA 31:116, relative to manufactured housing foundations in parks, and RSA 47:22-b, relative to manufactured housing foundations in parks.

III. This chapter shall not apply to students engaged in a high school vocational program under the supervision of a licensed installer or as otherwise allowed by the board in its rules.

205-D:19 Federal Funds and Other Funding Sources. The board may seek and receive funds from the federal government and other public or private sources to further activities under this chapter, subject to the approval of the commissioner.

205-D:20 Rulemaking Authority. With the approval of the commissioner, the board shall be authorized, pursuant to RSA 541-A, to adopt rules relative to:

II. The design and content of all forms and applications required under this chapter.

V. How an applicant shall be trained, including the minimum education requirements and training standards.

VI. How a license to practice under this chapter shall be renewed, including any requirements for continuing education.

VIII. Ethical and professional standards required to be met by each holder of a license to practice under this chapter and how disciplinary actions by the board shall be implemented for violations of these standards.

IX. The establishment of complaint procedures including investigations and expedited hearings procedures.

X. Procedures for the conduct of hearings consistent with the requirements of due process.

XI. The establishment of a program for the timely resolution of disputes between manufacturers, retailers, and installers of manufactured housing regarding responsibility, for the issuance of appropriate orders, and for the correction or repair of defects in manufactured houses that are reported during the one year period following the date of installation.

191:2 Rulemaking Required. On or before July 1, 2005, the installation standards board established in section 1 of this act shall adopt rules under RSA 541-A as provided in RSA 205-D:20.

191:3 Applicability. To allow time for the establishment of the installation standards board and for implementation of this act, no installers shall be required to be licensed pursuant to this act until 90 days after the board has adopted rules.