HomeMy WebLinkAboutUntitled (2) _ORDINANCES : Chptr . 301 Amendment
1983 Building Code
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MANUFACTURED HOME RULES
EXTRACT FROM
MINNESOTA CODE OF AGENCY RULES
as in effect on December 31, 1982
OF THE
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Prepared by
THE OFFICE OF REVISOR OF STATUTES
Room 3, State Capitol, St. Paul, Minnesota 55155
Distributed by
STATE REGISTER AND PUBLIC DOCUMENTS DIVISION
DEPARTMENT OF ADMINISTRATION
117 University Avenue, St. Paul, Minnesota 55155
SF-00009-0i STATE OF MINNESOTA
ADMINISTRNT=ON Office Memorandum
DEPARTMENT Building Codes & Standards Div.
DATE: January 1983
TO Municipal Building Officials
,`
FROM : Norman PHONE: Z9h-4627l R. Osterbv
Director
SUBJECT: Manufactured Hare Rules
of the Revised Manufactured Hare Building Code
Rules. Please Encloseds yeur copy disregard the page niers and uSe the 214CAR Section
Numbers for reference.
$ . copies are available at $3.00 each plus .18 sales tax and
Add10a $1.00
0 hl handling charge per order if they are to be mailed. Contact the Public Documents Division, 117 University Ave. , St, Paul, MN 55155,
telephone number is 612/297-3000.
NRO/cj
Enclosure
REVISORS CERTIFICATE
I, Steven C. Cross,am the revisor of statutes for the Minnesota Legislature.
I am charged by law to edit and publish the compiled rules for the State of
Minnesota. This extract was prepared from the same copy used for Minnesota
Code of Agency Rules 1982 Reprint. It is a true copy of the rules as they
existed on the date stated on the cover.
STEVEN C. CROSS
REVISOR OF STATUTES
MINNESOTA CODE OF AGENCY RULES
BUILDING CODE DIVISION
RULES FOR MANUFAC IURED 'HOMES
CONTENTS
(2MCAR § 1)
S 1.90100 Scope and definitions
§ 1.90200 Seals, code compliance certifications and labels
S 1.90300 Submissions for approval
S 1.90400 Inspections and installations
§ 1.90500 Quality control approval
§ 1.90600 Independent inspection agencies
§ 1.90700 Alterations to mobile hones and consumer complaint handling
S 1.90800 Reciprocity, hearings and presentation of views
S 1.90900 Fees
Filed 1972, amended September 1974, May 1975, June 1977 and August 1982.
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2 MCAR S 1.90101 Authorization. Rules 2 MCAR SS 1.90101-1.90906
are authorized by Minnesota Statutes, sections 327.31 to 327.36;
and 327.55 and established through the rulemaking procedures set
forth in Minnesota Statutes, sections 15.0411 to 15.0417, to
implement, interpret, and carry out the provisions of Minnesota
Statutes, sections 327.31 to 327.36; and 327.55 relating to
manufactured homes. If these rules differ from the code
promulgated by the American National Standards Institute as ANSI
A119.1, or the provisions of the National Fire Protection
Association identified as NFPA 501B, these rules shall govern in
all cases.
2 MCAR S 1.90102 Enforcement. The commissioner shall administer
and enforce all the provisions of 2 MCAR SS 1.90101-1.90906 and
the code. Any authorized representative of the Department of
Administration may enter any premises where manufactured homes
are manufactured, sold, offered for sale, parked in any
manufactured home park in the state, or installed in the state
if the installation was made after September 1, 1974. The
authorized representative may examine any records and may
inspect any manufactured home, equipment, or installations to
ensure compliance with the provisions of 2 MCAR SS
1.90101-1.90906 and the code. The authorized representative may
require that a portion or portions of a manufactured home be
removed or exposed in order that an inspection may be made to
determine compliance, or require that all portions of an
installation be removed or exposed to make this determination.
2 MCAR S 1.90103 Definitions.
A. Applicability. For the purposes of 2 MCAR SS
1.90101-1.90906, the terms defined in B.-GGG. have the meanings
given them.
B. Accessory structure. "Accessory structure" means
. manufactured home accessory structure.
C. Act. "Act" means the National Manufactured Housing
Construction and Safety Standards Act of 1974, title VI of the
Housing and Community Development Act of 1974, United States
Code, title 42, sections 5401-5426 (1976), as amended through
March 15, 1982.
D. Anchor. "Anchor" means ground anchor.
E. Anchoring equipment. "Anchoring equipment" means straps,
cables, turnbuckles, and chains, including tensioning devices,
which are used with ties to secure a manufactured home to ground
anchors.
F. Anchoring system. "Anchoring system" means any method
used for securing the manufactured home to a foundation system
or the ground.
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G. Approved. "Approved" means acceptable to the authority
having jurisdiction.
H. Authority having jurisdiction. "Authority having
jurisdiction" means the Commissioner of Administration or his
authorized representative.
I. Authorized representative. "Authorized representative"
means any person, firm, or corporation, or employee thereof,
approved or hired by the commissioner to perform inspection
services.
J. Baling. "Baling" means a method of "wrapping" a cross
section (roof, walls, and floor) and the main frame (chassis) of
a manufactured home with straps.
K. Code. "Code" means the manufactured home building code.
L. Commissioner. "Commissioner" means the Commissioner of
Administration ur his duly authorized representative.
M. Construction alteration. "Construction alteration" means
the replacement, addition, modification, or removal of any
equipment or installation which may affect the construction,
plumbing, heating, cooling, or fuel burning system, or
electrical system or the functioning of any of these in
manufactured homes subject to the code.
N. Construction compliance certificate. "Construction
compliance certificate" means the certificate provided by the
manufacturer or dealer to both the commissioner and the owner
which warrants that the manufactured home complies with the code.
0. Dealer. "Dealer" means any person engaged in the sale,
leasing, or distribution of a manufactured home primarily to
persons who purchase or lease for purposes other than resale.
P. Defect. "Defect" means a failure to comply with an
applicable federal mobile home construction and safety standard,
as set forth in Code of Federal Regulations, title 24, part 3280
(1981), that renders the manufactured home or any part or
component of it not fit for the ordinary use for which it was
intended, but that does not result in an unreasonable risk of
injury or death to occupants of the manufactured home.
Q. Design approval inspection agency. "Design approval
inspection agency" means a state or private organization that
has been accepted by the secretary.
R. Diagonal tie. "Diagonal tie" means a tie intended
primarily to resist horizontal or shear forces and which may
secondarily resist vertical, uplift, and overturning forces.
S. Distributor. "Distributor" means any person engaged in
the sale and distribution of manufactured homes for resale.
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T. Evaluation agency. "Evaluation agency" means an
organization approved by the commissioner which is qualified by
reason of facilities, personnel, experience, and demonstrated
reliability to investigate and evaluate manufactured homes.
U. Failure to conform. "Failure to conform" includes
noncompliance, having a defect or serious defect, and having an
imminent safety hazard related to failure to comply with an
applicable federal mobile home construction and safety standard
in Code of Federal Regulations, title 42, part 3280 (1981) .
"Failure to conform" is used as a substitute for all of those
• terms.
V. Footing. "Footing" means that portion of the support
system that transmits loads directly to the soil.
W. Foundation system. "Foundation system" means a permanent
foundation constructed in conformance with the state building
code.
X. Ground anchor. "Ground anchor" means any device at the
manufactured home stand designed to transfer manufactured home
anchoring loads to the ground.
Y. Imminent safety hazard. "Imminent safety hazard" means a
hazard that presents an imminent and unreasonable risk of death
or severe personal injury that may or may not be related to
failure to comply with an applicable federal mobile home
construction and safety standard in Code of Federal Regulations,
title 42, part 3280 (1981) .
Z. Independent inspection agency. "Independent inspection
agency" means an organization approved by the commissioner
qualified to review and approve plans and specifications for
• manufactured homes with respect to model, structural,
electrical, mechanical, and plumbing requirements and to
evaluate quality control programs and make inspections.
AA. Installation. "Installation" of a manufactured home
means assembly, at the site of occupancy, of all portions of the
manufactured home, connection of the manufactured home to
existing utility connections, and installation of support or
anchoring systems.
BB. Installation alteration. "Installation alteration"
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means the replacement, addition, modification, or removal of any
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components of the ground support or ground anchoring systems
required under the provisions of 2 MCAR SS 1.90101-1.90906.
CC. Installation compliance certificate. "Installation
compliance certificate" means the certificate provided by the
installer to both the commissioner and the owner which warrants
that the manufactured home complies with 2 MCAR SS
1.90101-1.90906.
DD. Installation instructions. "Installation instructions"
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means those instructions provided by the manufacturer
accompanying each manufactured home detailing the manufacturer's
requirements for ground supports and anchoring systems
attachments.
EE. Installation seal. "Installation seal" means a device
or insignia issued by the commissioner to a manufactured home
installer to be displayed on the manufactured home to evidence
compliance with the commissioner's rules pertaining to
manufactured home installations.
FF. Installer. "Installer" means manufactured home
installer.
GG. Label. "Label" means the approved form of certification
required by the secretary or the secretary's agents to be
affixed to each transportable section of each manufactured home
manufactured for sale, after June 14, 1976, to a purchaser in
the United States.
HH. Length of a manufactured home. "Length of a
manufactured home" means its largest overall length in the
traveling mode, including cabinets and other projections which
contain interior space. Length does not include bay windows,
roof projections, overhangs, or eaves under which there is no
interior space, nor does it include drawbars, couplings, or
hitches.
II. Listed. "Listed" means equipment or materials included
in a list published by a nationally recognized testing
laboratory that maintains periodic inspection of production of
listed equipment or materials and whose listing states either
that the equipment or material meets nationally recognized
standards or has been tested and found suitable for use in a
specified manner.
JJ. Listing agency. "Listing agency" means an agency
approved by the commissioner which is in the business of listing
or labeling and which maintains a periodic inspection program on
current production of listed products, and which makes available
at least an annual published report of the listing which
includes specific information that the product has been tested
to approved standards and found safe for use in a specified
manner.
KK. Main frame. "Main frame" means the structural component
on which is mounted the body of the manufactured home.
LL. Manufactured home. "Manufactured home" means a
structure, transportable 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 320 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
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systems contained therein; except that the term includes any
structure which meets all the requirements and with respect to
which the manufacturer voluntarily files a certification
required by the secretary and complies with the standards
established under Minnesota Statutes, chapter 327.
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MM. Manufactured home accessory structure. "Manufactured
home accessory structure" means a factory-built building or
structure which is an addition or supplement to a manufactured
home and, when installed, becomes a part of the manufactured
home.
NN. Manufactured home building code. "Manufactured home
building code" means for manufactured homes manufactured after
July 1, 1972, and prior to June 15, 1976, the standards code
promulgated by the American National Standards Institute and
identified as ANSI A119.1, including all revisions thereof in
effect on May 21, 1971, or the provisions of the National Fire
Protection Association and identified as NFPA 501B, and further
revisions adopted by the commissioner.
"Manufactured home building code" means for manufactured
homes constructed after June 14, 1976, the mobile home
construction and safety standards promulgated by the United
States Department of Housing and Urban Development which are in
effect at the time of the manufactured home's manufacture.
00. Manufactured home installer. "Manufactured home
installer" means any person, firm, or corporation which installs
manufactured homes for others at site of occupancy, except
manufactured homes installed on a foundation system.
PP. Manufacturer. "Manufacturer" means any person engaged
in manufacturing or assembling manufactured homes, including any
person engaged in importing manufactured homes for sale.
QQ. Mobile home. "Mobile home" is synonymous with
manufactured home whenever it appears in 2 MCAR SS
1.90101-1.90906 and in other documents or on construction or
installation seals.
RR. Model group. "Model group" means two or more
manufacturer-designed accessory structures which constitute one
model.
SS. Noncompliance. "Noncompliance" means a failure of a
manufactured home to comply with a federal mobile home
construction or safety standard that does not constitute a
defect, serious defect, or imminent safety hazard.
TT. Person. "Person" means a person, partnership,
corporation, or other legal entity.
UU. Production inspection primary inspection agency.
"Production inspection primary inspection agency" means an
agency which evaluates the ability of manufactured home
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manufacturing plants to follow approved quality control
procedures and which provides ongoing surveillance of the
manufacturing process.
VV. Purchaser. "Purchaser" means the first person
purchasing a manufactured home in good faith for purposes other
than resale.
WW. Seal. "Seal" means a device or insignia issued by the
commissioner to be displayed on the manufactured home to
evidence compliance with the manufactured home building code.
"Seal" includes construction and installation seals.
XX. Secretary. "Secretary" means the Secretary of the
United States Department of Housing and Urban Development or the
head of any successor agency with responsibility for enforcement
of federal laws relating to manufactured homes.
YY. Serious defect. "Serious defect" means any failure to
comply with an applicable federal mcoile home construction and
safety standard in Code of Federal Regulations, title 24, part
3280 (1981) that renders the manufactured home or any part of it
not fit for the ordinary use for which it was intended and which
results in an unreasonable risk of injury or death to occupants
of the affected manufactured home.
ZZ. Stabilizing devices. "Stabilizing devices" means all
components of the anchoring and support systems such as piers,
footings, ties, anchoring equipment, ground anchors, and any
other equipment which supports the manufactured home and secures
it to the ground.
AAA. Stabilizing system. "Stabilizing system" means a
combination of the anchoring system and the support system when
properly installed.
BBB. State administrative agency. "State administrative
agency" means an agency of a state which has been approved or
conditionally approved to carry out the state plan for
enforcement of the federal mobile home construction and safety
standards. For manufactured homes manufactured after June 14,
1976, and located in Minnesota, the commissioner of
administration is the state administrative agency.
CCC. Support system. "Support system" means any foundation
system or other structural method used for the purpose of
supporting a manufactured home at the site of occupancy.
DDD. Testing agency. "Testing agency" means an organization
which:
1. Is primarily interested in testing and evaluating
equipment and installations;
2. Is qualified and equipped to observe experimental
testing to approved standards;
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3. Is not under the jurisdiction or control of any
manufacturer or supplier of any industry;
4. Makes available a published report in which specific
information is included stating that the equipment and
installations listed or labeled have been tested and found safe
for use in a specific manner; and
5. Is approved by the commissioner.
EEE. Tie. "Tie" means a strap, cable, or securing device
used to connect the manufactured home to ground anchors.
EFF. Utility connections. "Utility connections" means the
connection of the manufactured home to existing utilities
including, but not limited to, electricity, water, sewer, gas,
or fuel oil.
GGG. Vertical tie. "Vertical tie" means a tie intended
primarily to resist the uplifting and overturning forces.
HHH. Width of a manufactured home. "Width of a manufactured
home" means its largest overall width in the traveling mode,
including cabinets and other projections which contain interior
space. Width does not include bay windows, roof projections,
overhangs, or eaves under which there is no interior space.
2 MCAR S 1.90201 Requirement for seals, code compliance,
construction compliance certificates, or labels.
A. Construction seals; code compliance; construction
compliance certificates; or labels. After July 1, 1972, no
person shall sell or offer for sale in this state any
manufactured home manufactured after July 1, 1972; manufacture
any manufactured home in this state; or park any manufactured
home manufactured after July 1, 1972, in any manufactured home
park in this state, unless the manufactured home complies with
the code and the commissioner's revisions to it, bears a
construction seal issued by the commissioner, and is accompanied
by a construction compliance certificate by the manufacturer or
dealer, on a form issued by the commissioner, both evidencing
that it complies with the code, or if manufactured after June
14, ' 1976, bears a label as required by the secretary.
B. Alteration of manufactured homes required to have a
construction seal or label. After July 1, 1972, no person shall
alter any manufactured home bearing, or required to bear, a
construction seal or label as provided in A. unless the person
has complied with 2 MCAR S 1.90701.
C. Requirement for installation seals.
1. No person shall install or connect to any manufactured
home or manufactured home accessory structure a ground support
or anchoring system unless the system and installation comply
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with these rules. The installer shall affix the correct
installation seals to the manufactured home or the manufactured
home accessory structure installed in compliance with 2 MCAR SS
1.90101-1.90906. Evidence of compliance shall be supported by
the submission of a certificate to the commissioner and the
manufactured home owner. Installation seals are not required
for manufactured homes installed on a foundation system. A
permit to install a manufactured home in a municipality
enforcing the state building code may be required by the
municipality.
2. When climatic conditions interfere with the completion
of installation, the dealer or installer will assign an
installation seal for the manufactured home incompletely
installed and notify the commissioner stating the condition
prohibiting the completion of the installation using the form
issued by the commissioner. A copy of this notice shall be
provided to the owner. When climatic conditions permit the
completion of installation, the installation will be promptly
completed and the installation seal affixed to the manufactured
home. The installation compliance certificate shall be provided
to the commissioner and the owner.
D. Requirement for manufactured home accessory structure
seal. No person shall install or connect to any manufactured
home a subordinate structure manufactured after September 1,
1974, unless the accessory structure complies with 2 MCAR SS
1.90101-1.90906 and the code and bears a manufactured home
accessory structure seal and is accompanied by a certificate by
the manufacturer or dealer evidencing that it complies with the
code.
2 MCAR S 1.90202 Acquisition of labels and seals; installer
registration.
A. Acquisition of labels. United States Department of
Housing and Urban Development labels are acquired by the
manufacturer from the secretary pursuant to the act and with
submission of the fee required in 2 MCAR S 1.90902.
B. Acquisition of construction seals. Any person may
qualify for construction seals by furnishing proof on forms
furnished by the commissioner that the manufactured home to
which the seal is to be affixed was manufactured in compliance
with the state manufactured home building code and has not been
brought out of conformance because of damage, additions, or
alterations.
C. Acquisition of accessory structure seals. Any
manufacturer of accessory structures shall qualify for
acquisition of a construction seai. by:
1. Obtaining plan approval pursuant to 2 MCAR SS
1.90301-1.90310 and requesting an inspection of each
manufactured home constructed pursuant to 2 MCAR S 1.90401;
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2. Obtaining plan approval pursuant to 2 MCAR SS
1.90301-1.90310 and quality control approval pursuant to 2 MCAR
S 1.90501; or
3. Obtaining certification by an independent agency
approved by the commissioner pursuant to 2 MCAR S 1.90601.
D. Installer registration. Application for installer
registration shall be on the form issued by the commissioner
supporting evidence the commissioner deems necessary to
establish that installation seals issued to an installer will be
affixed only to those manufactured homes where the support
system and ground anchoring system installations comply with 2
MCAR SS 1.90101-1.90906 and the code.
E. Acquisition of installation seals. Any registered
installer shall qualify for acquisition of an installation seal
by applying for registration as an installer to the commissioner
on the form issued by the commissioner.
2 MCAR S 1.90204 Application for seals.
A. Application for construction seals. Any person who has
met the applicable requirements of 2 MCAR S 1.90202 shall apply
for construction seals using the forms issued by the
commissioner. The application shall be accompanied by the
construction seal fee set forth in 2 MCAR S 1.90902.
B. Application for installation seals. Any registered
installer who has met the applicable requirements of 2 MCAR S
1.90202 shall apply for installation seals. The application
shall be on forms issued by the commissioner, and the
application shall be accompanied by the installation seal fee
set forth in 2 MCAR S 1.90902.
C. Application for accessory structure seals. Any
manufacturer of manufactured home accessory structures who has
met the applicable requirements of 2 MCAR S 1.90202 shall apply
for accessory structure seals. The application shall be on the
forms issued by the commissioner, and the application shall be
accompanied by the accessory structure seal fee set forth in 2
MCAR S 1.90902.
2 MCAR S 1.90205 Denial and repossession of seals.
A. Installation seals. Should investigation or inspection
reveal that a registered installer has not installed a
manufactured home according to 2 MCAR SS 1.90101-1.90906 and the
code, the commissioner may deny the installer' s application for
new installation seals, and any installation seals previously
issued shall be confiscated. Upon satisfactory proof of
modification of such installationinging it into compliance,
the installer may resubmit an appl= ration for installation seals.
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B. Accessory seals. Should investigation or inspection
reveal that a manufacturer is not constructing manufactured home
accessory structures according to plans approved by the
commissioner, and the manufacturer, after having been served
with a notice setting forth in what respect the provisions of 2
MCAR SS 1.90101-1.90906 and the code have been violated,
continues to manufacture manufactured home accessory structures
in violation of these rules and the code, applications for new
accessory seals shall be denied, and the accessory seals
previously issued shall be confiscated. Upon satisfactory proof
of compliance the manufacturer may resubmit an application for
accessory seals.
2 MCAR S 1.90206 Seal or label removal.
A. Construction seals or labels. If any manufactured home
bearing the construction seal or label or any manufactured home
once sold to a consumer is found to be in violation of the code,
the commissioner may remove the construction seal or label after
furnishing the owner or his agent with a written statement of
the violation. The commissioner shall not issue a new
construction seal or reissue a label until corrections have been
made and the owner or his agent has requested an inspection
pursuant to 2 MCAR S 1.90401.
B. Installation seals. Should a violation of the rules and
regulations regarding installation be found, the commissioner
may remove the installation seal after furnishing the owner or
his agent with a written statement of the violation. The
commissioner shall not issue a new installation seal until
corrections have been made and the owner or his agent has
requested an inspection pursuant to 2 MCAR S 1.90401.
C. Accessory structure seals. If any accessory structure
bearing the accessory structure seal is found to be in violation
of the code, the commissioner may remove the accessory structure
seal after furnishing the owner or his agent with a written
statement of the violation. The commissioner shall not issue a
new accessory structure seal until corrections have been made
and the owner or his agent has requested an inspection pursuant
to 2 MCAR S 1.90401.
2 MCAR S 1.90207 Placement of seals.
A. Construction seals.
1. Each construction seal shall be assigned and affixed
to a specific manufactured home. Assigned construction seals
are not transferable and are void when not affixed as assigned,
and all voided construction seals shall be returned to, or may
be confiscated by, the commissioner The construction seal
shall remain the property of the commissioner and may be
reappropriated by the commissioner - n the event of violation of
the conditions of approval. Multiple unit manufactured homes
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shall be assigned and bear consecutively serial numbered
construction seals.
2. The construction seal shall be securely affixed to the
rear of the manufactured home on the lower left corner of the
exterior wall not less than six inches above the floor line.
B. Installation seals. Only one of each type of
installation seal shall be assigned to a manufactured home
whether the manufactured home consists of one or multiple
units. The installation seal shall be placed in a readily
visible location adjacent to the primary label or construction
seal. Appropriate installation seals shall be affixed to each
accessory structure.
C. Accessory structure seals.
1. Each accessory structure seal shall be assigned and
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affixed to a specific accessory structure. Assigned accessory
structure seals are not transferable and are void when not
affixed as assigned, and all such accessory structure seals
shall be returned to, or may be confiscated by, the
commissioner. The accessory structure seal shall remain the
property of the commissioner and may be reappropriated by the
commissioner in the event of violation of the conditions of
approval. Multiple unit accessory structures shall be assigned
and bear consecutively serial numbered accessory structure seals.
2. The accessory structure seal shall be securely affixed
in a readily visible location.
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2 MCAR S 1.90208 -
A. Lost or damaged seals, construction.
1. When a construction seal is lost or damaged, the
commissioner shall be notified in writing by the owner. The
owner shall identify the manufacturer, the mobile home serial
number, and when possible, the construction seal serial number.
2. All damaged construction seals shall be promptly
returned. Damaged and lost construction seals shall be replaced
by the commissioner with a new construction seal bearing the
date of issue of the original construction seal upon payment of
the replacement construction seal fee as provided in 2 MCAR S
1.90902.
B. Lost or damaged seals, installation.
1. When an installation seal is lost or damaged, the
commissioner shall be notified in writing. The notice shall
identify the construction seal serial number, the mobile home
manufacturer, the manufacturers' serial number and the location
of the installation, and where available, the date of
installation of the mobile home including the installation seal
serial number.
2. Damaged or lost installation seals shall be replaced
by the commissioner upon payment of the installation seal fee as
provided in 2 MCAR S 1.90902.
C. Lost or damaged seals, accessory structure.
1. When an accessory structure accessory seal is lost or
damaged, the commissioner shall be notified in writing by the
owner. The owner shall identify the manufacturer, the mobile
home accessory structure serial number, and when possible, the
accessory structure seal serial number.
2. All damaged accessory structure seals shall be
promptly returned. Damaged and lost accessory structure seals
shall be replaced by the commissioner with a new accessory
structure seal bearing the date of issue of the original
accessory structure seal upon payment of the replacement
accessory structure seal fee as provided in 2 MCAR S 1.90902.
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2 MCAR S 1.90209 Return of seals.
A. Installation seals. When an installer discontinues the
installation of manufactured homes, he shall notify the
commissioner within ten days of the date of such discontinuance
and return all unused installation seals which have been issued
to him. Installation seals may not be transferred by any
installer.
B. Accessory structure seals. When a manufactured home
manufacturer of accessory structures discontinues production of
a model carrying the commissioner's plan approval, the
manufacturer shall, within ten days, advise the commissioner of
the date of such discontinuance and either'return all seals
allocated for such discontinued accessory structure model or
assign the seals to other approved accessory structure models.
2 MCAR S 1.90210 Compliance certificate.
A. Installation compliance certificate. The installer shall
provide the commissioner with an installation compliance
certificate in addition to the certificate required in 2 MCAR S
1.90201. The installation compliance certificate shall be
issued by the commissioner.
B. Manufactured home accessory structure compliance
certificate. A manufacturer shall provide the commissioner with
a manufactured home accessory structure compliance certificate
required in 2 MCAR S 1.90201. Manufactured home accessory
structure compliance certificate forms shall be issued by the
commissioner.
2 MCAR S 1.90301 Plans required. To obtain plan approval a
manufacturer shall submit plans for an accessory structure model
or model group and for structural, electrical, mechanical, and
plumbing systems, where such systems are involved in the
construction. The plans shall include installation requirements.
2 MCAR S 1.90302 Application for manufactured home accessory
structure approval.
A. Contents; generally. An application for a manufactured
home accessory structure approval shall contain the following:
1. Name and address of manufacturer;
2. Location of plant where manufacture will take place;
3. Identification of plans, specifications, or other
documents being submitted; and
4. Identification of approved quality control procedures
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and manual.
B. Plans and specifications. Submissions of required plans
and specifications shall be in duplicate and shall include, but
not be limited to, the following:
1. A dimensioned floor plan(s);
2. Proposed use of rooms and method of light and
ventilation;
3. Size, type, and location of windows and exterior doors;
4. Type and location of all appliances and fixtures;
5. Type and location of plumbing, drain, water, gas, and
electrical connections;
6. Type and location of all electrical outlets
(receptacles and lights);
7. Number of outlets and appliances on each circuit and
circuit rating; and
8. Installation details and instructions.
2 MCAR S 1.90303 Application for support and anchoring systems
approval.
A. Contents. All support and anchor systems equipment
manufacturers shall submit plans, structural details,
specifications, installation instructions, and test reports
prepared by an independent testing agency, including engineering
calculations in such detail as is necessary for evaluation and
approval of support and anchoring systems based on 2 MCAR S
1.90450.
B. Approval. Approval of support and anchoring systems is
required from all equipment manufacturers.
2
305-460
2 MCAR S 1.90305 Equipment and systems. The commissioner may
approve equipment and installations which are approved by a
recognized testing agency. Equipment and installations not
approved by a recognized testing agency may be approved by the
commissioner when he determines such equipment and installations
comply with the code.
2 MCAR S 1.90307 Non-conforming plans, specifications and
supporting data. Should the plans, specifications, and
supporting data not conform with these rules and the code, the
applicant shall be so notified in writing by the commissioner.
Should the applicant fail to submit corrected information in
accordance with the commissioner' s request, the application will
be deemed abandoned and all fees due will be forfeited to the
state. Additional submissions shall be processed as new
applications.
2 MCAR S 1.90308 Evidence of commissioner' s approval. Approved
Plans and specifications for accessory structures and support
and anchoring systems shall be evidenced by the stamp of
approval of the commissioner and the assignment of an approval
number to evidence approval. Installation instructions shall be
supplied by the manufacturer and shall reference the Minnesota
approval number.
2 MCAR S 1.90309 Support and anchoring systems approval
expiration. Approval of support and anchoring systems shall
expire when the commissioner adopts revisions to requirements
under which approval was granted unless the manufacturer submits
evidence to the commissioner establishing that the plans are in
compliance with the code as revised.
2 MCAR S 1.90310 Changes to approved support and anchoring
systems. Where the manufacturer proposes changes to approved
support and anchoring systems, two sets of supplemental details
shall be submitted to the commissioner for review and approval.
Approved changes will be reflected in the approval number
identification previously assigned by the commissioner.
2 MCAR S 1.90401 Inspection requests. Any person manufacturing
mobile homes or any person selling, offering for sale or parking
any mobile home in any mobile home park in the state, or any
dealer or installer of mobile homes, may request the
commissioner to make an inspection of any mobile home to
manufactured after July 1, 1972, ifperson erson holds title
the house to be inspected. Additionally, any person holding
title to the mobile home may request inspection of the grr'..nd
support and anchoring system. Ins:Tection requests should 1:e
made on "Application for Inspection' forms, available from the
commissioner. In connection with requested inspections, the
1
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commissioner may require plans, specifications, calculations and
test results.
2 MCAR S 1.90402 Action after requested inspection. If the
manufactured home inspected meets the requirements of the code,
if plan approval has been obtained, and if all applicable fees
have been remitted, the applicant may apply for a construction
seal. If the requested inspection was to determine compliance
with respect to support and anchoring requirements and if all
applicable fees have been remitted, the applicant may apply for
an installation seal.
2 MCAR S 1.90403 Other inspections. In addition to making
inspections on request, the commissioner shall make periodic
inspections of the facilities of persons who are subject to the
code and 2 MCAR SS 1.90101-1.90906. The inspections shall
include oversight inspections at the in-state manufactured home
manufacturing facilities to review the manufacturer's consumer
complaint handling and notification and correction as required
by 2 MCAR SS 1.90702-1.90720. Oversight inspections shall be
made annually. The frequency of oversight inspections may be
increased when the need is indicated by the number of consumer
complaints received by the commissioner.
2 MCAR S 1.90404 Notice of violations. When an inspection
reveals that a mobile home is in violation of the code, or these
rules, the commissioner shall serve upon the owner or his agent
a notice specifying the violation(s) . An owner or agent so
served shall not move said mobile home from his premises until
such time as the commissioner determines that the mobile home
has been brought into compliance with the code, and these rules.
2 MCAR S 1.90450 Stabilizing systems for manufactured home
installation.
A. Stabilizing devices installed at site of occupancy.
Stabilizing devices when installed at the site of occupancy
shall comply with these rules.
1. Manufacturer's installation instructions. Each
manufactured home shall have its stabilizing system installed in
accordance with the manufactured home manufacturer's
installation instructions. The manufacturer's instructions
shall include a typical support system designed by a registered
professional engineer or architect to support the anticipated
loads that the manufacturer's installation instructions specify
for the design zone, including climate, of installation. The
instructions shall also meet the requirements of 2 MCAR SS
1.90702-1.90720. These instructions shall be left with the
manufactured home following installation.
Footings shall be sized to support the loads shown in these
2
305-460
instructions.
Stabilizing devices not provided with the manufactured home
shall meet or exceed the design and capacity requirements of the
manufactured home manufacturer and these rules and shall be
installed in accordance with the manufactured' home
manufacturer's installation instructions.
Foundation systems shall be in compliance with the state
building code.
No portion of a manufactured home shall be removed during
installation or when located on its home site unless it is
designed to be removable and is removed in accordance with the
manufacturer's instructions.
2. Stabilizing system design. Mobile homes manufactured
prior to September 1974 not provided with manufacturer's
instructions for stabilizing devices and their installation
shall be provided with anchoring and support systems designed by
a registered professional engineer or architect or shall comply
.with the following requirements:
a. Number, spacing, and location of anchoring ties.
(1) Number of ties. The minimum number of ties per
side for various lengths of mobile homes shall be in accordance
with Table 1.90450 A.2.a. (1)..
(2) Spacing of ties. Ties shall be as evenly spaced
as practicable along the length of the mobile home with not more
than eight feet open-end spacing on each end.
(3) Location of ties. When continuous straps are
provided as vertical ties, such ties shall be positioned at
rafters and studs. Where a vertical tie and diagonal tie are
located at the same place, both ties may be connected to a
single ground anchor, provided that the anchor used is capable
of carrying both loadings.
(4) Special ties. Clerestory roofs and add-on
sections of expandable mobile homes shall have provisions for
vertical ties at the exposed ends.
b. Protection of ties and mobile home roofing and
siding. Protection shall be provided at sharp corners where the
anchoring system requires the use of external cables or straps.
Protection shall also be provided to minimize damage to roofing
or siding by the cable or strap.
c. Alternate method using strapping. If the alternate
method incorporating baling straps specified in Table 1.90450
A.2.a. (1) . is used, the baling straps shall be wrapped
completely around the mobile home passing under the main steel
frame, with both ends of each stray:: fastened together under
tension. The straps shall be in aw.°cordance with 2 MCAR S
3
305-460
1.90450 C. The method used to connect the ends of the strap
shall not reduce the allowable working load and overload.
B. Foundation and support systems. Each manufactured home
shall be installed on a foundation system or shall have a
support system as specified herein. A minimum clearance of 12
inches shall be maintained beneath the underside of the main
frame (I-beam or channel beam) in the area of utility
connections when the manufactured home is not installed on a
foundation system.
1. Mobile homes with installation instructions.
Individual footings and load-bearing piers or listed supports
shall be sized and located to support the loads specified in the
manufacturer's installation instructions to assure that the
manufacturer's warranty remains valid.
2. Mobile homes for which installation instructions are
not available. Unless the entire support system is designed by
a registered professional engineer or architect, and approved by
the authority having jurisdiction prior to installation,
supports shall be spaced not more than ten feet apart for mobile
homes 12 feet wide or less, and not more than eight feet apart
for mobile homes over 12 feet wide, beginning from the front
wall of the mobile home, with not more than two feet open-end
spacing at the area of the main frame. Supports shall be
installed directly under the main frame (or chassis) of the
mobile home. Methods other than those specified herein shall be
approved prior to installation by the authority having
jurisdiction. Double wide mobile homes built with a
conventional frame shall have additional supports placed under
the center (mating) line at each end wall, and at the support
columns located at the sides of center wall openings eight feet
in width or greater. The supports shall be constructed to
withstand the weight calculated by multiplying one half the
width of the opening (in feet) times one half the width of the
home (in feet) multiplied by 35 pounds per square foot. (30
pound snow load and five pound roof load. )
3. Footings. The required load-bearing capacity of
individual load-bearing supports and their footings shall be
calculated at not less than a combined live and dead load of 65
PSF. Footings shall be adequate in size to withstand the
tributary live and dead loads of the mobile home and any
concentrated loads.
a. Footings shall be at least 16-inch by 16-inch by
4-inch solid concrete blocks or other product approved for the
use intended. As an alternate, two 8-inch by 16-inch by 4-inch
solid concrete blocks can be used as footings provided the joint
between the blocks is parallel to the. steel I-beam frame.
b. Footings or pier foundations, when required, shall
be placed level on firm undisturbed soil or on controlled fill
which is free of grass and organic materials, compacted to a
minimum load-bearing capacity of 2,0rO PSF (unless otherwise
4
305-460
approved by a registered professional engineer). Where unusual
soil conditions exist as determined by the authority having
jurisdiction, footings shall be designed specifically for quch
conditions.
4. Piers. Piers or load-bearing supports or devices
shall be designed and constructed to evenly distribute the
loads. Piers shall be securely attached to the frame of the
mobile home or shall extend at least six inches from the
centerline of the frame member. Load-bearing supports or
devices shall be listed and labeled, or shall be designed by a
registered professional engineer or architect, and shall be
approved for the use intended, prior to installation, or piers
shall be constructed as follows:
a. Piers less than 40 inches in height shall be
constructed of open or closed cell, 8-inch by 16-inch concrete
blocks (with open cells vertically placed upon the footing).
Single-stacked block piers shall be installed with the 16 inch
dimension perpendicular to the main (I-beam) frame. The piers
shall be covered with a two inch by eight inch by sixteen inch
wood or concrete cap. (See Figure A-1).
b. Subject to the limitations of 2 MCAR S 1.90450
8.5., piers between 40 to 80 inches in height and all corner
piers over three blocks high shall be double blocked with blocks
interlocked and capped with a four inch by sixteen inch by
sixteen inch solid concrete block, or equivalent. (See Figure
A-2. )
c. Subject to the limitations of 2 MCAR S 1.90450
B.5. , piers over 80 inches in height shall be constructed as per
2 MCAR S 1.90450 B.4.b. , and they shall be laid in concrete
,mortar and steel reinforcing bars inserted in block cells filled
with concrete. (See Figures A-3 and A-4. )
5. Elevated mobile homes. When more than one-fourth of
the area of a mobile home is installed so that the bottom of the
main frame members are more than three feet above ground level,
the mobile home stabilizing system shall be designed by a
qualified registered professional engineer or architect and the
installation shall be approved prior to installation by the
authority having jurisdiction.
6. Plates and shims. A cushion of wood plate not
exceeding two inches in thickness and shims not exceeding one
inch in thickness may be used to fill any gap between the top of
the pier and the main frame. Two inch or four inch solid
concrete blocks may be used to fill the remainder of any gap.
Shims shall be at least four inches wide and six inches long and
shall be fitted and driven tight between the wood plate or pier
and main frame.
C. Anchoring equipment. Anchoring equipment, when
installed, shall be capable of resisting an allowable working
load equal to or exceeding 3, 150 1=::unds and shall be capable of
5
305-460
withstanding a 50 percent overload (4,725 pounds total) without
failure of either the anchoring equipment or the attachment
point on the mobile home. When the stabilizing system is
designed by a qualified registered professional engineer or
architect, alternative working load may be used providing the
anchoring equipment is capable of withstanding a 50 percent
overload.
1. Resistance to weather deterioration. Anchoring
equipment exposed to weathering shall have a resistance to
weather deterioration at least equivalent to that provided by a
coating of zinc on steel of not less than 0.625 ounces per
square foot on each side of the surface coated as determined by
ASTM Standard Methods of Test for Weight of Coating on
Zinc-coated (galvanized) Iron or Steel Articles (ASTM A90-69
(1973) . NOTE: Slit or cut edges of zinc-coated steel strapping
do not need to be zinc coated.
2. Permanency of connections. Anchoring equipment shall
be designed to prevent self-disconnection when ties are slack.
Hook ends shall not be used in any part of the anchoring system.
3. Tensioning device design. Tensioning devices such as
turnbuckles or yoke-type fasteners shall be ended with clevis or
forged or welded eyes.
4. Ties. Cable or strapping or other approved methods or
materials shall be used for ties. All ties shall be fastened to
ground anchors and drawn tight with turnbuckles or other
adjustable tensioning devices or devices listed with the ground
anchor.
a. Tie materials shall be capable of resisting an
allowable working load of 3,150 pounds with no more than two
percent elongation and shall withstand a 50 percent overload
(4,725 pounds total) . Ties shall comply with the weathering
requirements of 2 MCAR S 1.90450 C.1. NOTE: Type 1, Class B,
Grade 1 steel strapping, 1 1/4 inches wide and 0.035 inch thick,
conforming with Federal Specification QQ-S-781G, is capable of
meeting the working load and 50 percent overload specified
herein.
b. Ties shall connect the ground anchor and the main
structural steel frame (I-beam or other shape) which runs
lengthwise under the mobile home. Ties shall not connect to
steel outrigger beams which fasten to and intersect the main
structural frame unless specifically stated in the
manufacturer's installation instructions.
c. Connection of the cable frame tie to the mobile
home I-beam or equivalent main structural frame member shall be
by a 5/8-inch drop forged closed eye bolt through a hole drilled
in the center of the I-beam web or other approved methods. The
web shall be reinforced if necessary to maintain the I-beam
strength.
6
305-460
d. Cable ends shall be secured with at least three
U-bolt type cable clamps with the U portion of the clamp
installed on the short (dead) end of the cable to assure
strength at least equal to that required by 2 MCAR S 1.90450
C.4.a.
D. Ground anchors. Ground anchors, including means for
attaching ties, shall be located to effectively match the
anchoring system instructions provided by the manufactured home
manufacturer, or, if there are no instructions, in accordance
with the requirements of A. , and shall be designed and installed
to transfer the anchoring loads to the ground.
1. Capacity of anchors. Each ground anchor, when
installed, shall be capable of resisting an allowable working
load at least equal to 3,150 pounds in the direction of the tie
plus a 50 percent overload (4,725 pounds total) without
failure. Failure shall be considered to have occurred when the
point of connection between the tie and anchor moves more than
two inches at 4,725 pounds in the direction of the vertical tie
when the anchoring equipment is installed in accordance with the
manufacturer' s instructions. Those ground anchors which are
designed to be installed so that the loads on the anchor are
other than direct withdrawal shall be designed and installed to
resist an applied design load of 3,150 pounds at 45 degrees from
horizontal without displacing the anchor more than four inches
horizontally at the point where the tie attaches to the anchor.
Anchors designed for connection of multiple ties shall be
capable of resisting the combined working load and overload
consistent with the intent expressed herein.
2. Anchor design and installation. Each manufactured
ground anchor shall be approved pursuant to 2 MCAR S 1.90303 and
installed in accordance with the anchor manufacturer's
instructions and shall include means of attachment of ties
meeting the requirements of C.4. Ground anchor manufacturer's
installation instructions shall include the amount of preload
required, the methods of adjustment after installation, and the
load capacity in various types of soils. These instructions
shall include tensioning adjustments which
amay
needed
mtoe
prevent damage to the manufactured home, particularly
that can be caused by frost heave.
a. Each ground anchor shall have the manufacturer's
identification and listed model identification number marked
thereon so that the number is visible after installation.
Instructions shall accompany each listed ground anchor
specifying the types of soil for which the anchor is suitable
under the requirements of 2 MCAR S 1.90450 D.1. NOTE: The
following data gives information relative to soil types with
blow counts and torque values:
Types of Soils Blow Count Test Probe'
(ASTM D1586) Torque Value
Sound hard rock NA NA
7
305-460
Very-dense and/or cemented
sands, course gravel and more than
cobbles, preloaded silts, 550
clays, and corals . . 40-up lbs. inch
Medium-dense coarse sands,
sandy gravels, very-stiff 350-549
silts and clays 24-39 lbs. inch
Loose to medium dense sands,
firm to stiff clays and 200-349
silts, aluvian fill . . . 14-233 lbs. inch
1The test probe is a device for measuring the torque value
of soils to assist in evaluating the holding capability of the
soils in which the anchor is placed. The test probe has a helix
on it. The overall length of the helical section is 10.75
inches; the major diameter is 1.25 inches; the minor diameter is
0.81 inches; the pitch is 1.75 inches. The shaft must be of
suitable length for anchor depth.
2A measure synonymous with moment of a force when
distributed around the shaft of the test probe.
3Below these values, a professional engineer should be
consulted.
3. Use of concrete slabs or continuous footings. If
concrete slabs or continuous footings are used to transfer the
anchoring loads to the ground, the following shall be required:
a. Steel rods cast in concrete shall be capable of
resisting loads as specified in 2 MCAR S 1.90450 D.1.
b. Deadman concrete anchors may be used in place of
listed anchors if they meet the requirements of 2 MCAR S 1.90450
D.1.
c. Concrete slabs may be used in place of ground
anchors provided the slab is so constructed that it provides
holding strength equal to the requirements of 2 MCAR S 1.90450
D.1.
4. Other anchoring devices. Other anchoring devices
meeting the requirements of this section shall be permitted if
approved prior to installation by the authority having
jurisdiction.
E. Anchor installation.
1. Specifications for anchors. Each type anchor suitable
for this purpose shall have specification data showing the soil
classification(s) for which it qualifies.
2. Selection of anchors. Anchor selection shall be based
on a determination of the soil class at the depth the anchor
helical plate will be installed.
8
305-460
3. Depth of anchors. All anchors shall be installed to
the full depth shown in the anchor manufacturer's installation
instructions.
F. Design loads. The following minimum design live loads
shall be applicable in all areas of the state of Minnesota.
1. Horizontal 15 lbs/ft2
2. Vertical/upward 9 lbs/ft2
3. Vertical/downward 30 lbs/ft2
9
2 MCAR § 1.90450 Building Code Division
Table 1.90450 A.2.a.(1).
Number of Ties Required Per Side of Single Wide] Mobile Homes2
This table is based on a minimum working load per anchor of 3,150 pounds
with a 50 percent overload (4,725 pounds total).
1 2 3 4 5
Alternate Method4
Length of3 No. of No. of No. of No. of
Mobile Home Vertical Diagonal Baling Diagonal
(Feet) Ties Ties5 Straps Ties6
up to 40 2 3 2 3
40-46 2 3 2 3
46-49 2 3 2 3
49-54 2 3 2 3
54-58 2 4 2 4
58-64 2 4 2 4
64-70 2 4 2 5
70-73 2 4 2 5
73-84 2 5 2 5
]Double-wide mobile homes require only the diagonal ties specified in
column 3, and these shall be placed along the outer side walls.
2Except when the anchoring system is designed and approved by a registered
professional engineer or architect.
3Length of mobile home (as used in this Table) means length excluding draw
bar.
s
4Alternate Method. When this method is used, an approved reinforcement
means shall be provided. If baling is used to accomplish this reinforcement,
the provisions of 2 MCAR § 1.90450 A.2.c. shall apply.
5Diagonal ties in this method shall deviate at least 40° from vertical.
6Diagonal ties in this method shall be 45° + 5° from vertical and shall be
attached to the nearest main frame member.
26
Building Code Division 2 MCAR § 1.90450
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2 MCAR § 1.90450 Building Code Division
Concrete moi Steel Reinforcing Bars
Grouting
v,
Figure A-r4. For piers exceeding 80 inches in height the concrete
blocks must be filled with concrete grouting and steel reinforcing rods
utilized.
30
305-460
2 MCAR S 1.90460 Utility connections.
A. Water connections. Water piping to manufactured homes
shall be in compliance with the 1979 Minnesota Plumbing Code,
rules MHD 120-135 of the Department of Health, Pipes shall be
protected from freezing. A heat tape, when installed, shall be
listed and installed in conformance with its listing and the
manufacturer's instructions. When the manufactured home is
installed on a support system subject to ground movement due to
freezing and thawing, approved flexible connectors or semirigid
copper tubing shall be used to prevent pipe breakage.
B. Sewer connections. Waste piping to manufactured homes
shall be in compliance with the 1979 Minnesota Plumbing Code,
rules MHD 120-135 of the Department of Health. When a
manufactured home is installed on a support system subject to
ground movement due to freezing and thawing, offsets or approved
flexible connectors, or both, shall be used to prevent pipe
breakage.
C. Gas piping. Gas piping to the manufactured home shall be
of adequate capacity rating to supply the connected load. It
shall be installed in compliance with the Minnesota Heating,
Ventilating, Air Conditioning, and Refrigeration Code, rules SBC
7101-8505 of the Department of Administration. When the
manufactured home is installed on a support system subject to
ground movement because of freezing and thawing, semi-rigid
copper pipe or a listed manufactured home gas connector for
exterior use only shall be installed to prevent pipe breakage.
Gas piping shall be protected from physical damage.
1. The manufactured home fuel gas piping system shall be
tested before it is connected to the gas supply. Only air shall
be used for the test. The manufactured home gas piping system
shall be subjected to a pressure test with all appliance shutoff
valves, except those ahead of fuel gas cooking appliances, in
the open position. Appliance shutoff valves ahead of fuel gas
cooking appliances shall be closed.
2. The test shall consist of air pressure at not less
than ten inches nor more than 14 inches water column (six ounces
to eight ounces per square inch) . The system shall be isolated
from the air pressure source and maintain this pressure for not
less than ten minutes without perceptible leakage. Upon
satisfactory completion of the test, the appliance valves ahead
of fuel gas cooking appliances shall be opened, and the gas
cooking appliance connectors testees with soapy water or bubble
solution while under the pressure remaining in the piping
system. Solutions used for testin-:5 for leakage shall not
contain corrosive chemicals. Pre are shall be measured with
either a manometer, slope gage, or gage calibrated in either
water inches or pounds per _quare ;ach with increments of either
one-tenth inch or one-ter.tL pound. per square inch, as
applicable. Upon setisfactcry corpietion shaof ththe
test,
installed and
manufactured home gas supply conn,:
10
305-460
the connections tested with soapy water or bubble solution.
D. Electrical connections. On-site electrical connections
to the manufactured home and any on-site electrical wiring
required to prepare the manufactured home for occupancy shall be
done in conformance with the manufactured home building code and
shall be installed and inspected as required by the Minnesota
Electrical Act, Minnesota Statutes, sections 326.241 to 326.248.
2 MCAR S 1.90501 Procedure. To obtain quality control approval
for a manufacturing facility, a manufacturer shall submit a
quality control manual pursuant to 2 MCAR Section 1.90501 A.1.
and consent to investigations and inspections at reasonable
hours by the commissioner for field verification of satisfactory
quality control.
A. Applications for approval of quality control manuals
shall contain the following:
1. An application in letter form to be accompanied by two
copies of the quality control manual containing those items
required by 2 MCAR Section 1.90501 A.2.
2. An outline of the procedure which will direct the
manufacturer to construct mobile homes in accordance with the
approved plans specifying:
a. Scope and purpose
b. Receiving inspection procedure for basic materials
c. Material storage and stock rotation procedures
d. Types and frequency of product inspection
e. Sample of inspection control form used
f. Major pieces of production equipment
g. Assignments, experience and qualifications of
quality control personnel
h. Test equipment
i. Control of drawings and material specifications
j. Test procedures
k. Record keeping procedures.
B. Where the manufacturer proposes changes to the quality
control manual, two copies of such changes shall be submitted to
the commissioner for approval.
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2 MCAR S 1.90601 Qualifications for approval. The certification
and registration of an agency shall not be issued until said
agency has received the commissioner's approval. To obtain
approval and become registered, an agency shall submit to the
commissioner an application on the form issued by the
commissioner to include the following stating that said agency
is:
A. Not under the jurisdiction or control of any manufacturer
or supplier of an industry.
B. Professionally competent to determine that a mobile home
is in compliance with the code by:
1. Inspecting mobile homes
2. Reviewing plans and specifications
3. Evaluating quality control procedures.
C. To report findings regarding code compliance in detailed
reports to the commissioner as requested.
D. Submit registration fees as required in 2 MCAR S 1.90904.
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2 MCAR S 1.90602 Upon certification by an approved registered
independent agency pursuant to these rules and the code, a
manufacturer may apply for seals under 2 MCAR S 1.90204.
2 MCAR S 1.90701 Construction alterations.
A. Effect on seal. Any alteration of the construction,
plumbing, heating, cooling, or fuel burning system, electrical
equipment or installations or fire safety in a manufactured home
which bears a seal shall void such approval, and the seal shall
be returned to the commissioner.
B. Acts not constituting alterations. The following shall
not constitute an alteration:
1. Repairs with approved components or parts;
2. Conversion of listed fuel-burning appliances in
accordance with the terms of their listing;
3. Adjustment and maintenance of equipment; or
4. Replacement of equipment in kind.
C. Application. Any person proposing an alteration to a
manufactured home bearing a seal or label shall make application
to the commissioner on the form issued by the commissioner.
D. Inspection. Upon completion of the alteration, the
applicant shall request the commissioner to make an inspection
pursuant to 2 MCAR S 1.90401.
E. Replacement construction seal. The applicant may apply
for a replacement construction seal upon inspection and approval
of the alteration.
F. Replacement accessory structure seal. The applicant may
apply for a replacement accessory structure seal upon inspection
and approval of the alteration.
2 MCAR S 1.90702 Consumer complaint handling and remedial
actions. Rules 2 MCAR SS 1.90702-1.90720 govern consumer
complaint handling and remedial actions.
2 MCAR S 1.90703 Purpose. The purpose of 2 MCAR SS
1.90702-1.90720 is to establish a system under which the
protections of the act are provided with a minimum of formality
and delay, but in which the rights of all parties are protected.
2 MCAR S 1.90704 Scope. Rules 2 MCAR SS 1.90702-1.90720 set out
the procedures to be followed by manufacturers, production
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inspection primary inspection agencies, and the commissioner to
assure that manufacturers provide notification and correction
with respect to their manufactured homes as required by the
act. Rules 2 MCAR SS 1.90702-1.90720 set out the rights of
dealers under United States Code, title 42, section 5412 (1976) ,
as amended through March 15, 1982 to obtain remedies from
manufacturers in certain circumstances.
2 MCAR S 1.90705 Consumer complaints. Under 2 MCAR SS
1.90702-1.90720, all consumer complaints or other information
indicating the possible existence of an imminent safety hazard,
serious defect, defect, or noncompliance shall be referred to
the manufacturer of the potentially affected manufactured homes
in a timely manner so that the manufacturer can quickly respond
to the consumer and take any necessary remedial actions.
2 MCAR S 1.90706 Notification and correction requirement.
A. Requirement. Notification and correction shall be
required to be provided with respect to manufactured homes that
have been sold or otherwise released by the manufacturer to
another party when the manufacturer, a state administrative
agency, the commissioner, or the secretary determines that an
imminent safety hazard, serious defect, defect, or noncompliance
may exist in those manufactured homes.
B. Extent of manufacturer's responsibility. The extent of a
manufacturer' s responsibility for providing notification or
correction shall be governed by the seriousness of problems for
which the manufacturer is responsible under 2 MCAR SS
1.90702-1.90720.
C. Limitation of manufacturer' s liability to provide
remedial action. The liability of manufactured home
manufacturers to provide remedial actions under 2 MCAR SS
1.90702-1.90720 is limited by the principle that manufacturers
are not responsible for failures that occur in manufactured
homes or components solely as the result of normal wear and
aging, gross and unforeseeable consumer abuse, or unforeseeable
neglect of maintenance.
2 MCAR S 1.90707 Consumer complaint and information referral.
When a consumer complaint or other information indicating the
possible existence of a noncompliance, defect, serious defect,
or imminent safety hazard is received by the commissioner, the
commissioner shall forward the complaint or other information to
the manufacturer of the manufactured home in question. The
commissioner shall, when it appears from the complaint or other
information that more than one manufactured home may be
involved, simultaneously send a copy of the complaint or other
information to the state administrative agency of the state
where the manufactured home was manufactured or to the secretary
if there is no such state administrative agency, and when it
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appears that an imminent safety hazard or serious defect may be
involved, simultaneously send a copy to the secretary.
2 MCAR S 1.90708 Notification pursuant to manufacturer's
determination.
A. Notice requirement. The manufacturer shall provide
notification as set out in 2 MCAR SS 1.90702-1.90720 with
respect to all manufactured homes produced by the manufacturer
in which there exists or may exist an imminent safety hazard or
serious defect. The manufacturer shall provide such
notification with respect to manufactured homes produced by the
manufacturer in which a defect exists or may exist if the
manufacturer has information indicating that the defect may
exist in a class of manufactured homes that is identifiable
because the cause of the defect or defects actually known to the
manufacturer is such that the same defect would probably have
been systematically introduced into more than one manufactured
home during the course of production. This information may
include, but is not limited to, complaints that can be traced to
the same cause, defects known to exist in supplies of components
or parts, information related to the performance of a particular
employee, and information indicating a failure to follow quality
control procedures with respect to a particular aspect of the
manufactured home. A manufacturer is required to provide
notification with respect to a noncompliance only after the
issuance of a final determination under 2 MCAR S 1.90711.
B. Investigations and inspections. Whenever the
manufacturer receives from any source information that may
indicate the existence of a problem in a manufactured home for
which the manufacturer is responsible for providing notification
under A. , the manufacturer shall, as soon as possible, but not
later than 20 days after receiving the information, carry out
any necesary investigations and inspections to determine and
shall determine whether the manufacturer is responsible for
providing notification under A. The manufacturer shall maintain
complete records of all such information and determinations in a
form that will allow the commissioner to discern readily who
made the determination with respect to a particular piece of
information, what the determination was, and the basis for the
determination. The records shall be kept for a minimum of five
years from the date the manufacturer received the information.
Consumer complaints or other information indicating the possible
existence of noncompliances or defects received before the
effective date of 2 MCAR SS 1.90702-1.90720 shall, for purposes
•
of this paragraph, be deemed to have been received on the date 2
MCAR SS 1.90702-1.90720 became effective.
C. Preparation of plan. If a manufacturer determines under
B. that the manufacturer is responsible for providing
notification under A. , the manufacturer shall prepare a plan for
notification as set out in 2 MCAR S 1.90713. Where the
manufacturer is required to correct under 2 MCAR S 1.90710, the
manufacturer shall include in the plan provision for correction
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of affected manufactured homes.
D. Submission of plan. The manufacturer shall, as soon as
possible, but not later than 20 days after making the
determination, submit the plan to the commissioner.
However, where only one manufactured home is involved, the
manufacturer need not submit the plan if the manufacturer
corrects the manufactured home within the 20-day period. The
manufacturer shall maintain, in the plant where the manufactured
home was manufactured, a complete record of the correction. The
record shall describe briefly the facts of the case and state
what corrective actions were taken. It shall be maintained in a
separate file in a form that will allow the commissioner to
review all such corrections.
E. Action after approval of plan. Upon approval of the plan
with any necessary changes, the manufacturer shall carry out the
approved plan within the time limits stated in it.
F. Action before plan approval. The manufacturer may act
before obtaining approval of the plan. However, such action is
subject to review and disapproval by the commissioner except to
the extent that agreement to the correction is obtained as
described in this paragraph. To be assured that the corrective
action will be accepted, the manufacturer may obtain the
agreement of the commissioner that the corrective action is
adequate before the correction is made regardless of whether a
plan has been submitted under D. If such an agreement is
obtained, the correction shall be accepted as adequate by the
commissioner if the correction is made as agreed to and any
imminent safety hazard or serious defect is eliminated.
G. Waiver of formal plan approval and notification. If the
manufacturer wishes to obtain a waiver of the formal plan
approval and notification requirements that would result from a
determination under B. , the manufacturer may act under this
paragraph. The plan approval and notification requirements
shall be waived by the commissioner who would otherwise review
the plan under D. if:
1. The manufacturer, before the expiration of the time
period determined under D. , shows to the satisfaction of the
commissioner through documentation that:
a. The manufacturer has identified the class of
possibly affected manufactured homes in accordance with 2 MCAR S
1.90713;
b. The manufacturer will correct, at the
manufacturer' s expense, all affected manufactured homes in the
class within 60 days of being informed that the request for
waiver has been accepted; and
c. The proposed repairs are adequate to remove the
failure to conform or imminent safety hazard that gave rise to
4
602-906
the determination under B. ; and
2. The manufacturer corrects all affected manufactured
homes within 60 days of being informed that the request for
waiver has been accepted.
The formal plan and notification requirements are waived
pending final resolution of a waiver request under G. as of the
date of the request. If a waiver request is not accepted, the
plan called for by C. and D. shall be submitted within five days
after the manufacturer is notified that the request was not
accepted.
H. Classification of problem. When a manufacturer acts
under A.-G. , the manufacturer will not be required to classify
the problem that triggered the action as a noncompliance,
defect, serious defect, or imminent safety hazard.
2 MCAR S 1.90709 Responsibilities of commissioner.
A. Consumer complaints. The commissioner shall oversee the
handling of consumer complaints by manufacturers within this
state. As part of that responsibility, the commissioner shall
monitor manufacturer compliance with 2 MCAR SS 1.90702-1.90720,
and particularly with 2 MCAR S 1.90708. This monitoring will be
done primarily by periodically checking the records that
manufacturers are required to keep under 2 MCAR S 1.90708 B.
B. Preliminary determination. If the commissioner finds
under A. that a manufacturer has failed to comply with 2 MCAR S
1.90708 or if the commissioner finds that the manufacturer has
decided not to act under 2 MCAR S 1.90708 C. and D. and the
commissioner believes the manufacturer is required to act, or if
the manufacturer failed to fulfill the requirements of 2 MCAR S
1.90708 G. after requesting a waiver, the commissioner shall
make the preliminary determination he deems appropriate under 2
MCAR S 1.90711. However, if the affected manufactured homes
were manufactured in more than one state or if it appears that
the appropriate preliminary determination would be an imminent
safety hazard or serious defect, the commissioner shall refer
the matter to the secretary.
C. Preliminary determinations under 2 MCAR S 1.90711. Where
the commissioner who is reviewing a plan under 2 MCAR S 1.90708
D. finds that the manufacturer is not acting reasonably in
refusing to accept changes to a proposed plan, the commissioner
shall make such preliminary determinations as may be appropriate
under 2 MCAR S 1.90711. However, if it appears that it would be
appropriate to make a preliminary determination of imminent
safety hazard or serious defect, the commissioner shall refer
the matter to the secretary.
2 MCAR S 1.90710 Required manufacturer correction. A
manufacturer required to furnish notification under 2 MCAR S
5
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1.90708 or 2 MCAR S 1.90711 shall correct, at its expense, any
imminent safety hazard or serious defect that can be related to
an error in design or assembly for the manufactured home by the
manufacturer, including an error in design or assembly of any
component or system incorporated in the manufactured home by the
manufacturer.
2 MCAR S 1.90711 Notification and correction pursuant to
administrative determination.
A. Preliminary determinations. Whenever the commissioner
has information indicating the possible existence of an imminent
safety hazard or serious defect in a manufactured home, the
commissioner may issue a preliminary determination to that
effect to the manufacturer.
Whenever the information indicates that the manufacturer is
required to correct the imminent safety hazard or serious defect
under 2 I•. AR S 1.90710, the commissioner shall issue a
preliminary determination to that effect to the manufacturer.
Whenever the commissioner has information indicating that a
defect or noncompliance may exist in a class of manufactured
homes that is identifiable because the cause of the defect or
noncompliance is such that the same defect or noncompliance
would probably have been systematically introduced into more
than one manufactured home during production, and whenever all
manufactured homes in the class appear to have been manufactured
in this state, the commissioner may issue a preliminary
determination of defect or noncompliance to the manufacturer.
Information on which the commissioner will base a conclusion
that an affected class of manufactured homes exists consists of
complaints that can be traced to the same cause, defects known
to exist in supplies of components or parts, information related
to the performance of a particular employee, and information
indicating a failure to follow quality control procedures with
respect to a particular aspect of the manufactured home. If,
during the course of these proceedings, evidence arises that
indicates that manufactured homes in the same identifiable class
were manufactured in more than one state, the commissioner shall
refer the matter to the secretary.
B. Notice and request for hearing or presentation of views.
Notice of the preliminary determination under A. shall be sent
by certified mail. It shall include the factual basis for the
determination and the identifying criteria of the manufactured
homes known to be affected and those believed to be in the class
of possibly affected manufactured homes. The notice shall
inform the manufacturer that the preliminary determination shall
become final unless the manufacturer requests a hearing or
presentation of views under 2 MCAR S 1.90803 within 15 days
after receiving a notice of preliminary determination of serious
defect, defect, or noncompliance, or within five days of receipt
of a notice of preliminary determination of imminent safety
hazard.
6
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Promptly upon receipt of a manufacturer's request for a
hearing or presentation of views meeting, the hearing or
presentation shall be held pursuant to 2 MCAR S 1.90803.
Parties may propose in writing, at any time, offers of
settlement which shall be submitted to and considered by the
commissioner. If determined to be appropriate, the party making
the offer may be given an opportunity to make an oral
presentation in support of the offer. If an offer of settlement
is rejected, the party making the offer shall be so notified,
and the offer shall be deemed withdrawn and shall not constitute
a part of the record in the proceeding. Final acceptance by the
commissioner of any offer of settlement shall automatically
terminate any proceedings related to it.
C. Final determinations. If the manufacturer fails to
respond to the notice of preliminary determination within the
time period established in B. , or if the commissioner decides
that the views and evidence presented by the manufacturer or
others are insufficient to rebut the preliminary determination,
the commissioner shall make a final determination that an
imminent safety hazard, serious defect, defect, or noncompliance
exists. If there is a final determination that an imminent
safety hazard, serious defect, defect, or noncompliance exists,
the commissioner shall issue an order directing the manufacturer
to furnish notification.
D. Appeals. When the commissioner has made a final
determination that a defect or noncompliance exists, the
manufacturer may appeal to the secretary within ten days after
receiving the notice of final determination.
E. Waiver of formal notification requirements. Where a
preliminary determination of defect or noncompliance has been
issued, the manufacturer may request a waiver of the formal
notification requirements at any time during the proceedings
called for in A.-D. or after the issuance of a final
determination and order. The manufacturer may request a waiver
from the commissioner. When requesting a waiver, the
manufacturer shall certify and provide assurances that:
1. The manufacturer has identified the class of possibly
affected manufactured homes in accordance with 2 MCAR S 1.90713;
2. The manufacturer will correct, at the manufacturer's
expense, all affected manufactured homes in the class within a
time period specified by the commissioner but not later than 60
days after being informed of the acceptance of the request for
waiver or issuance of the final determination, whichever is
later; and
3. The proposed repairs are adequate to remove the
failure to conform or imminent safety hazard that gave rise to
the issuance of the preliminary determination.
The commissioner shall grant the request or waiver if the
manufacturer agrees to an offer of settlement that includes an
7
602-906
order that embodies the assurances made by the manufacturer.
2 MCAR S 1.90712 Reimbursement for prior correction by owner. A
manufacturer that is required to correct under 2 MCAR S 1.90710
or who decides to correct and obtain a waiver under 2 MCAR S
1.90708 G. or 2 MCAR S 1.90711 E. shall provide reimbursement
for reasonable cost of correction to any owner of an affected
manufactured home who chooses to make the correction before the
manufacturer does.
2 MCAR S 1.90713 Manufacturer's plan for notification and
correction.
A. Basic requirement. Paragraphs A.-F. set out the
requirements that manufacturers shall meet in preparing plans
they are required to submit under 2 MCAR S 1.90708 C. and D.
The underlying requirement is that a plan show how the
manufacturer will fulfill its responsibilities with respect to
notification and correction.
B. Copy of proposed notice. The plan shall include a copy
of the proposed notice that meets the requirements of 2 MCAR S
1.90714.
C. Affected class. The plan shall identify, by serial,
number and other appropriate identifying criteria, all
manufactured homes with respect to which notification is to be
provided. The class of manufactured homes with respect to which
notification shall be provided and which shall be covered by the
plan is that class of manufactured homes that was or is
suspected of having been affected by the cause of an imminent
safety hazard or failure to conform. The class is identifiable
to the extent that the cause of the imminent safety hazard or
failure to conform is such that it would probably have been
systematically introduced into the manufactured homes in the
class during the course of production. In determining the
extent of such a class, the manufacturer may rely either upon
information that positively identifies the extent of the class
or upon information that indicates what manufactured homes were
not affected by the same cause, thereby identifying the class by
excluding those manufactured homes. Methods that may be used in
determining the extent of the class of manufactured homes
include, but are not limited to:
1. Inspection of manufactured homes produced before and
after the manufactured homes known to be affected;
2. Inspection of manufacturer quality control records to
determine whether quality control procedures were followed;
3. Inspection of production inspection primary inspection
agency records to determine whether the imminent safety hazard
or failure to conform was either detected or specifically found
not to exist in some manufactured homes;
8
602-906
4. Inspection of the design of the manufactured home in
question to determine whether the imminent safety hazard or
failure to conform resulted from the design itself;
5. Identification of the cause as relating to a
particular employee or process that was employed for a known
period of time or in producing the manufactured homes
manufactured during that time; and
6. Inspection of records relating to components supplied
by other parties and known to contain or suspected of containing
imminent safety hazards or failures to conform.
The class of manufactured homes identified by these methods
may include only manufactured homes actually affected by the
imminent safety hazard or failure to conform if the manufacturer
can identify the precise manufactured homes. If it is not
possible to identify the precise manufactured homes, the class
shall include manufactured homes suspected of containing the
imminent safety hazard or failure to conform because the
evidence shows that they may have been affected.
D. Production inspection primary inspection agency statement.
The plan shall include a statement by the production inspection
primary inspection agency operating in each plant in which
manufactured homes in question were produced. In this
statement, the production inspection primary inspection agency
shall concur in the methods used by the manufacturer to
determine the class of potentially affected manufactured homes
or state why it believes the methods to have been inappropriate,
inadequate, or incorrect.
E. Deadline. The plan shall include a deadline for
completion of all notification and corrections.
F. Notification. The plan shall provide for notification by
certified mail or other more expeditious means to the dealers or
distributors of a manufacturer to whom the manufactured homes
were delivered. Where a serious defect or imminent safety
hazard is involved, notification shall be sent by certified mail
if it is mailed. The plan shall provide for notification by
certified mail to the first purchaser of each manufactured home
in the class of manufactured homes set out in the plan under C.
and to any subsequent owner who has any warranty provided by the
manufacturer or required by federal, state, or local law on the
manufactured home that has been transferred, to the extent
feasible. However, notification need not be sent to any person
known by the manufacturer not to own the manufactured home in
question if the manufacturer has a record of a subsequent owner
of the manufactured home. The plant shall provide for
notification by certified mail to >ny other person who is a
registered owner of each manufactured home containing the
imminent safety hazard, serious defect, defect, or noncompliance
and whose name has been ascrtainer9 pursuant to the
manufacturer' s records.
9
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2 MCAR S 1.90714 Contents of notice. Except as otherwise agreed
by the commissioner who will review the plan under 2 MCAR S
1.90708 D. , the notification to be sent by the manufacturer
shall include the following:
A. An opening statement: "This notice is sent to you in
accordance with the requirements of the National Manufactured
Housing Construction and Safety Standards Act of 1974";
B. Except where the manufacturer is acting under 2 MCAR S
1.90708 the following statement, as appropriate:
"(manufacturer' s name, or the commissioner or the secretary)"
has determined that:
1. An imminent safety hazard may exist in (identifying
criteria of manufactured home);
2. A serious defect may exist in (identifying criteria of
manufactured home);
3. A defect may exist in (identifying criteria of
manufactured home); or
4. (Identifying criteria of manufactured home) may not
comply with an applicable federal mobile home construction or
safety standard;
C. A clear description of the imminent safety hazard,
serious defect, defect, or noncompliance which shall include:
1. The location of the imminent safety hazard, serious
defect, defect, or noncompliance in the manufactured home;
2. A description of any hazards, malfunctions,
deterioration, or other consequences which may result from the
imminent safety hazard, serious defect, defect, or noncompliance;
3. A statement of the conditions which may cause such
consequences to arise; and
4. Precautions, if any, that the owner should take to
reduce the chance that the consequences will arise before the
manufactured home is repaired;
D. An evaluation of the risk to manufactured home occupants'
safety and the durability of the manufactured home reasonably
related to such imminent safety hazard, serious defect, defect,
or noncompliance, including:
1. The type of injury which may occur to occupants of the
manufactured home; and
2. Whether there will be any warning that a dangerous
occurrence may take place and what that warning would be, and
any signs which the owner might see, hear, smell, or feel which
10
602-906
might indicate danger or deterioration of the manufactured home
as a result of the imminent safety hazard, serious defect,
defect, or noncompliance.
E. If the manufacturer will correct the manufactured home, a
statement that the manufacturer will correct'the manufactured
home;
F. A statement in accordance with whichever of the following
is appropriate:
1. Where the manufacturer will correct the manufactured
home at no cost to the owner, the statement shall indicate how
and when the correction will be done, how long the correction
will take, and any other information that may be helpful to the
owner; or
2. When the manufacturer does not bear the cost of
repair, the notification shall include a detailed description of
all parts and materials needed to make the correction, a
description of all steps to be followed in making the
corrections, including appropriate illustrations and an estimate
of the cost to the purchaser or owner of the correction;
G. A statement informing the owner that the owner may submit
a complaint to the commissioner if the owner believes that the
notification or the remedy described in it is inadequate or the
manufacturer has failed or is unable to remedy within a
reasonable time after the owner's first attempt to obtain a
remedy; and
H. A statement that any actions taken by the manufacturer
under the act in no way limit the rights of the owner or any
other person under any contract or other applicable law and that
the owner may have further rights under contract or other
applicable law.
2 MCAR S 1.90715 Time for implementation.
A. Plan for correction. The manufacturer shall complete
implementation of the plan for correction approved under 2 MCAR
S 1.90708 E. on or before the deadline established in the plan
as required by 2 MCAR S 1.90713 E. The deadline shall allow a
reasonable amount of time to complete the plan, taking into
account the seriousness of the problem, the number of
manufactured homes involved, the immediacy of any risk, and the
difficulty of completing the action. The seriousness and
immediacy of any risk shall be given greater weight than other
considerations. If a manufacturer is required to correct an
imminent safety hazard or serious defect under 2 MCAR S 1.90710,
the deadline shall be no later than 60 days after approval of
the plan.
S. Notifications and corrections. The manufacturer shall
complete the implementation of any notifications and corrections
11
602-906
being carried out under an order of the commissioner under 2
MCAR S 1.90711 C. on or before the deadline established in the
order. In establishing each deadline, the commissioner shall
allow a reasonable time to complete all notifications and
corrections, taking into account the seriousness of the imminent
safety hazard, serious defect, defect, or noncompliance; the
number of manufactured homes involved; the location of the
homes; and the extent of correction required. In no case shall
the time allowed exceed the following limits:
1. 30 days after the issuance of final determination of
imminent safety hazard; and
2. 60 days after the issuance of final determination of
serious defect, defect, or noncompliance.
C. Extension of time. The commissioner shall grant an
extension of the deadlines included in a plan or order if the
manufacturer requests extension in writing and shows good cause
for the extension and ii the commissioner is satisfied that the
extension is justified in the public interest. When the
commissioner grants an extension, the commissioner shall notify
the manufacturer and forward to the secretary a draft notice of
the extension to be published in the Federal Register.
2 MCAR S 1.90716 Completion of remedial actions and report.
A. Notification. Where a manufacturer is required to
provide notification under 2 MCAR SS 1.90702-1.90720, the
manufacturer shall maintain in its files for five years from the
date the notification campaign is completed a copy of the notice
sent and a complete list of the names and addresses of those
persons notified. The files shall be organized so that each
notification and correction campaign can be readily identified
and reviewed by the commissioner.
B. Correction. Where a manufacturer is required to provide
correction under 2 MCAR S 1.90710 or where the manufacturer
otherwise corrects under 2 MCAR S 1.90708 or 2 MCAR S 1.90711
E. , the manufacturer shall maintain in its files, for five years
from the date the correction campaign is completed, one of the
following, as appropriate for each manufactured home involved:
1. Where the correction is made, a certification by the
manufacturer that the repair was made to satisfy completely the
standards in effect at the time the manufactured home was
manufactured and that any imminent safety hazard has been
eliminated; or
2. Where the owner refuses to allow the manufacturer to
repair the home, a certification by the manufacturer that the
owner has been informed of the problem which may exist in the
manufactured home, that the owner has been informed of any risk
to safety or durability of the manufactured home which may
result from the problem, and that an attempt has been made to
12
602-906
repair the problems only to have the owner refuse the repair.
C. Additional notifications or corrections. If any actions
taken under 2 MCAR SS 1.90702-1.90720 are not adequate under the
approved plan or an order of the commissioner, the manufacturer
may be required to provide additional notifications or
corrections to satisfy the plan or order.
D. Report. The manufacturer shall, within 30 days after the
deadline for completing any notifications and required
corrections, under an approved plan or under an order of the
commissioner, or any corrections required to obtain a waiver
under 2 MCAR S 1.90708 G. or 2 MCAR S 1.90711 E. , provide a
complete report of the action taken to the commissioner who
approved the plan under 2 MCAR S 1.90708 D. , granted the waiver,
or issued the order under 2 MCAR S 1.90711 C. , and to any other
state administrative agency or the secretary that forwarded a
relevant complaint or information to the manufacturer under 2
•
MCAR S 1.90707.
2 MCAR S 1.90717 Correction of certain hazards and defects. If,
in the course of making corrections under 2 MCAR S 1.90715, the
manufacturer creates an imminent safety hazard or serious
defect, the manufacturer shall correct the imminent safety
hazard or serious defect under 2 MCAR S 1.90710.
2 MCAR S 1.90718 Manufactured homes in the hands of dealers and
distributors.
A. Responsibility of manufacturer. The manufacturer is
responsible for correcting any failures to conform and imminent
safety hazards which exist in manufactured homes which have been
sold or otherwise released to a distributor or dealer but which
have not yet been sold to a purchaser. Generally this
responsibility does not extend to failures to conform or
imminent safety hazards that result solely from transit damages
that occur after the manufactured home leaves the control of the
manufacturer when the home is released by the manufacturer.
Rule 2 MCAR S 1.90718 sets out the procedures to be followed by
dealers and distributors for handling manufactured homes in
these cases. Regardless of whether the manufacturer is
responsible for repairing a manufactured home, no dealer or
distributor may sell a manufactured home if it contains a
failure to conform or an imminent safety hazard.
B. Notification and record. Whenever a dealer or
distributor finds a problem in a manufactured home which the
manufacturer is responsible for correcting, the dealer or
distributor shall contact the manufacturer, provide full
information concerning the probleir, and request appropriate
action by the manufacturer in acccrd with D. Where the
manufacturer agrees to correct, the manufacturer shall maintain
a complete record of its actions. Where the manufacturer
authorizes the dealer to make the necessary corrections on a
13
602-906
reimbursable basis, the dealer or distributor shall maintain a
complete record of its actions.
C. Amount of reimbursement. An agreement by the
manufacturer to correct or to authorize corrections on a
reimbursable basis constitutes the commissioner's determination,
for purposes of section 613(b) of the act with respect to
judicial review of the amount which the manufacturer agrees to
•
reimburse the dealer or distributor for corrections.
D. Manufacturer' s option. Upon a final determination by the
commissioner under 2 MCAR S 1.90711, or upon a determination by
the secretary or a court of competent jurisdiction that a
manufactured home fails to conform to the standard or contains
an imminent safety hazard after the manufactured home is sold or
otherwise released by a manufacturer to a distributor or a
dealer and prior to the sale of the manufactured home by the
distributor or dealer to a purchaser, the manufacturer shall
have the option to either:
1. Immediately furnish, at the manufacturer's expense, to
the purchasing distributor or dealer the required conforming
part or parts or equipment for installation by the distributor
or dealer on or in the manufactured home, and the manufacturer
shall reimburse the distributor or dealer for the reasonable
value of the installation plus a reasonable reimbursement of not
less than one percent per month of the manufacturer's or
distributor's selling price prorated from the date of receipt by
certified mail of notice of noncompliance to the date the
manufactured home is brought into compliance with the standards,
so long as the distributor or dealer proceeds with reasonable
diligence with the installation after the part or component is
received; or
2. Immediately repurchase, at the manufacturer' s expense,
the manufactured home from the distributor or dealer at the
price paid by the distributor or dealer, plus all transportation
charges involved and a reasonable reimbursement of not less than
one percent per month of the price paid prorated from the date
of receipt by certified mail of notice of the imminent safety
hazard, serious defect, defect, or noncompliance to the
distributor. The value of the reasonable reimbursements shall
be fixed by mutual agreement of the parties or by a court in an
action brought under section 613(b) of the act.
Rule 2 MCAR S 1.90718 does not apply to any manufactured
home purchased by a dealer or distributor which has been leased
by the dealer or distributor to a tenant for purposes other than
resale. In that instance the dealer or distributor has the
remedies available to a purchaser under 2 MCAR SS
1.90702-1.90720.
2 MCAR S 1.90719 Notices, bulletins, and other communications.
At the time of dispatch, each manufacturer shall give to the
commissioner a true or representative copy of all notices,
14
602-906
bulletins, and other written communications to the dealers or
distributors of the manufacturers regarding any serious defect
or imminent safety hazard which may exist in any manufactured
homes produced by the manufacturer. Manufacturers shall keep
complete records of all other communications with dealers,
owners, and purchasers regarding noncompliances and defects.
2 MCAR S 1.90720 Supervision of notification and correction
actions.
A. Notifications and corrections. The production inspection
primary inspection agency in each manufacturing plant shall be
responsible for assuring that notifications are sent to all
owners, purchasers, dealers, or distributors of whom the
manufacturer has knowledge under the requirements of the act.
The production inspection primary inspection agency shall be
responsible for assuring that the required corrections are
carried out by auditing the certificates required by 2 MCAR S
1.90716.
B. Accomplishment of remedial actions. The commissioner or
secretary to whom the report required by 2 MCAR S 1.90716 D. is
sent shall be responsible for assuring through oversight that
remedial actions described in the report have been carried out.
C. Inspection. The commissioner may inspect a manufactured
home to determine whether any required correction is carried out
to the approval plan, or, if there is no plan, to the standards
or other approval obtained by the manufacturer.
2 MCAR S 1.90801 Reciprocity. Upon a showing that another state
provides for the sealing of mobile homes upon compliance with
standards which are at least equal to those provided in the
code, the commissioner may provide that a construction seal
affixed under the authority of such state shall have the same
effect as a seal affixed under authority of this state, and
thereafter any mobile home which bears the seal of such state
shall not be required to bear the seal of this state as provided
in 2 MCAR S 1.90201. The commissioner may make such reciprocity
contingent upon such other granting reciprocal effect to seals
affixed under authority of this state.
A. Pursuant to the provisions of 2 MCAR S 1.90801 the
commissioner has established reciprocity with the following
states which have granted reciprocity to the state of Minnesota:
1. State of Indiana
2. State of Illinois
3. State of Wisconsin
2 MCAR S 1.90802 Appeals. Any Terson aggrieved by application
1
•
602-906
of these rules may, within thirty (30) days of the time when his
grievance arose, appeal to the commissioner. Upon receipt of a
timely appeal and the submission of the appropriate fee pursuant
to 2 MCAR S 1.90903 by appellant, the commissioner shall review
the matter de novo and submit his written findings to appellant.
2 MCAR S 1.90803 Hearings and presentation of views meetings.
A. Policy. All hearings and presentations of views meetings
shall be public.
B. Request. On receiving a request for a hearing or
presentation of views meetings, the commissioner shall either
grant the relief for which the hearing or presentation of views
meeting is requested or shall issue a notice.
C. Notice. When the commissioner decides to conduct a
presentation of views meeting, the commissioner shall provide
notice as follows:
1. Except where the need for swift resolution of the
question involved prohibits it, notice of a proceeding shall be
published in the State Register at least ten days prior to the
date of the proceeding. In any case, notice shall be provided
to interested persons to the maximum extent practicable. Direct
notice shall be sent by certified mail to the parties involved
in the presentation of views meeting.
2. The notice, whether published or mailed, shall include
a statement of the time, place, and nature of the proceeding;
reference to the authority under which the proceeding will be
held; a statement of the subject matter of the proceeding, the
parties and issues involved; and a statement of the manner in
which interested persons shall be afforded the opportunity to
participate in the presentation of views meeting.
3. The notice shall designate the official who shall be
the presiding officer for the proceedings and to whom all
inquiries should be directed concerning the proceedings.
4. The notice shall state whether the proceeding shall be
held in accordance with the provisions of D. In determining
whether the requirements of D. shall apply, the commissioner
shall consider the following: the need for quick action; the
risk of injury to affected members of the public; the economic
consequences of the decisions to be made; and other factors the
commissioner considers appropriate.
S. Oral proceedings shall be stenographically or
mechanically reported, or recorded, or transcribed, under the
supervision of the presiding officer, unless the presiding
officer and the parties otherwise agree, in which case a summary
approved by the presiding officer shall be kept.
D. Presentation of views meetings.
16
602-906
1. A presentation of views meeting may be written or oral
and may include an opportunity for an oral presentation, whether
requested or not, whenever the commissioner concludes that an
oral presentation would be in the public interest and states
this in the notice. A presiding officer shall preside over all
• oral presentations. The purpose of these presentations shall be
to gather information to allow fully informed decision making.
Presentations of views meetings shall not be adversary
proceedings. Oral presentations shall be conducted in an
informal but orderly manner. The presiding officer shall have
the duty and authority to conduct a fair proceeding, to take all
necessary action to avoid delay, and to maintain order. In the
absence of extraordinary circumstances, the presiding officer at
an oral presentation of views meeting shall not require that
testimony be given under oath or affirmation and shall not
permit either cross-examination of witnesses by other witnesses
• or their representatives, or the presentation of rebuttal
testimony by persons who have already testified. The rules of
evidence prevailing in courts of law or equity shall not control
the conduct of oral presentation of views meeting.
2. Within ten days after a presentation of views meeting,
the presiding officer shall refer to the commissioner all
documentary evidence submitted, any transcript that has been
made, a summary of the issues involved, information presented in
the presentation of views meeting, and the presiding official' s
recommendations with the rationale for them. The presiding
officer shall make any appropriate statements concerning the
apparent veracity of witnesses or the validity of factual
assertions which may be within the competence of the presiding
officer. The commissioner shall issue a final determination
concerning the matters at issue within 30 days of receipt of the
presiding officer' s summary. The final determination shall
include a statement of findings, with specific references to
principal supporting items of evidence in the record and
conclusions, as well as the reasons or bases for them upon all
of the material issues of fact, law, or discretion as presented
on the record; and an appropriate order. Notice of the final
determination shall be given in writing and transmitted by
certified mail, return receipt requested, to all participants in
•
the presentation of views meeting. The final determination
shall be conclusive with respect to persons whose interests were
represented.
E. Hearings. Whenever the commissioner determines that a
formal hearing is necessary in order to resolve the presentation
of adversary views on matters governed by these rules, such
hearing shall be conducted in accordance with the applicable
provisions of Minnesota Statutes, chapter 15 governing contested
case hearings and applicable provisions of the administrative
rules of the Office of Administrative Hearings.
F. Public participation in presentation of views meetings.
1. Any interested persons may participate in writing in
any presentation of views meeting held under the provision of
17
602-906
D. The presiding officer shall consider to the extent
practicable any written materials.
2. Any interested person may participate in the oral
portion of any presentation of views meeting held under D.
unless the presiding officer determines that participation
should be limited or barred so as not to prejudice unduly the
rights of the parties directly involved or unnecessarily delay
the proceedings.
2 MCAR S 1.90901 Form and remittance. All remittances shall be:
A. In the form of checks or money orders;
B. Payable to Minnesota State Treasurer;
C. Addressed to:
State of Minnesota Building Code Division
408 Metro Square Building
7th and Robert Streets
St. Paul, Minnesota 55101
2 MCAR S 1.90902 Fees for seals, construction compliance
certificates, and labels.
A. Construction seal fees. Manufactured home and accessory
structure construction seal fees are $5 per seal.
B. Installation seal fees. Manufactured home installation
seal fees are $6 for a support/utility seal and $4 for an
anchoring system seal.
C. Construction compliance certificate fee. The
manufactured home and accessory structure construction
compliance certificate fee is $10.
D. Label fee. The United States Department of Housing and
Urban Development monitoring (label) fee is $19 per label. The
United States Department of Housing and Urban Development
monitoring (label) fee shall be paid by the manufacturer to the
secretary.
2 MCAR S 1.90903 Appeal fee. Appeal fee, twenty dollars ($20) .
2 MCAR S 1.90904 Annual registration fees. An installer shall
pay a registration fee of $20 annually. The fee is due January
1 of each year.
18
602-906
2 MCAR S 1.90905 Other fees. For all other work performed by
the Department of Administration such as, but not limited to,
the review of plans, specifications, and independent agency
reports, and quality control evaluation, a fee of $25 per man
hour shall be charged.
2 MCAR S 1.90906 Reservation of rights. Nothing in 2 MCAR SS
1.90101-1.90906 shall limit the rights of the purchaser under
any contract or applicable law.
•
19
ORDINANCE NO. 83-3-301-4&
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
AN ORDINANCE AMENDING CHAPTER 301 THE
BUILDING CODE OF THE CITY OF OAK PARK '
HEIGHTS, MINNESOTA AND CHAPTER 401 OF
THE ZONING CODE OF THE CITY OF OAK
PARK HEIGHTS, MINNESOTA RELATING TO
MANUFACTURED HOUSING
Section 1: Amendment. Chapter 401, Section 401. 02 of the Code
of Ordinances of the City of Oak Park Heights, is
hereby amended to add a definitional paragraph
(95.5) MANUFACTURED HOMES, as set forth below:
" (95.5) MANUFACTURED HOMES. "Manufactured Homes"
means a structure not affixed to or part of
real estate, transportable in one or more
sections, which in the traveling mode, is
8 body feet or more in width or 40 body
feet or more in length, or, when erected on
site, is 320 or more square feet, and which
is built on a permanent chassis and is
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 contained .within it. "
•
Section 2: Amendment. Chapter 401, Section 401.02 (53) of the Code
of Ordinances of the City of Oak Park Heights is hereby
amended by deleting same within its entirety and
substituting therefor the following:
" (53) Dwelling, Single-Family. A detached dwelling
unit designed exclusively for occupancy by one (1)
family. Manufactured homes as defined herein
shall be considered to be a single-family
dwelling for the purposes of this Ordinance
provided that the manufactured home proposed
for location within any district of the City
meets the following criteria:
A. The manufactured home must be certified by
the State of Minnesota pursuant to the
directives of the Pre-fabricated Structure
and Manufactured Buildings Code 2MCAR
Section 1.10301 through Section 1.10336.
B. The manufactured home must be anchored to a
masonary foundation as specified in the
Uniform Building Code Section 2312. That
foundation must encompass the entire perimeter
of the manufactured home.
F_,..
C. The manufactured home must conform to all
the dimensional requirements specified
within this Ordinance, including but not
limited to the requirement for a minimum of
960 square feet of living area and additional
the same must have a continuous common roof
and be at least 21 feet in minimum width.
Width requirements shall not take into
account overhand and other projections
beyond the principal walls.
D. The manufactured home must have an earth
covered, composition, shingled or tiled
roof.
E. The manufactured home must receive a
building permit. The application for
building permit, in addition to other
information required shall indicate height,
size, design and appearance of all elevations
of the proposed building and a description of
the construction materials proposed to be used.
The exterior architectural design of a proposed
dwelling may not be ,so at variance with, nor
so similar to, the exterior architectural
design of any structure or structures already
constructed or in the course of construction
in the immediate neighborhood, nor so at
variance with the character of the surrounding
neighborhood as to cause a significant
depreciation in the property values of the
neighborhood or adversely affect the public
health, safety or general welfare.
F. Comply with Section 401.16 of the Zoning Code
of the City of Oak Park Heights and receive
a Conditional Use Permit if such a manufactured
home proposed to be moved into the City or
to be relocated within the City has been
previously occupied as a dwelling. "
Section 3 : Amendment. Chapter 301, Section 301.01 of the Code of
Ordinances of the City of Oak Park Heights, shall be
amended by deleting the paragraph thereunder in its
entirety and substituting therefor the following:
"301. 01 State Building Code Adopted. The Minnesota
State Building Code as adopted by the State
Department of Administration and filed with
the Secretary of State and Commissioner of
Administration on December 19, 1978, is here-
by adopted and shall be in full force and effect
in the City of Oak Park Heights. The Building
Code as adopted shall apply to all construction
in the City of Oak Park Heights, including that
of manufactured homes and installation of same
within any district of the City. "
• i
- A
Section 4: Effective Date. This Ordinance shall take effect and be
in full force from and after its passage and publication
according to law.
PASSED BY THE CITY COUNCIL OF THE CITY OF OAK PARK
HEIGHTS, THIS e?4'E DAY OF , 1983.
1A-4.1j 1 i� _Fk Sommerfeldt, ayor
ATTEST:
'
-755-r;
Vonne Wilson, City
�'TClerk Administrator
• S
CITY OF
OAK PARK HEIGHTS
STILLNATER, MINNESOTA 55082
March 16, 1983
Stillwater Gazette
Stillwater, MN. 55082
Gentlemen:
Please publish the following Friday, March 18, 1983.
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN, that the City Council of the
City of Oak Park Heights, Washington County, Minnesota shall
conduct a public hearing upon amending the Code of Ordinances
relating to Chapter 301 of the Building Code and Chapter 401
of the Zoning Code relating to Manufactured Housing.
The hearing shall be held Monday, March 28, 1983 at
7:00 P.M. at the City Hall, 14168 North 57th Street, Oak
Park Heights, Minnesota.
All written and oral testimony will be considered.
Dated this 16th day of March, 1983.
La Vonne Wilson
Administrator/Treasurer
AFFIDAVIT OFSLICATION 111
STILLWATER EVENING GAZETTE
•
STATE OF MINNESOTA I
)ss.
COUNTY OF WASHINGTON )
Phil Easton ane John Easton,being duly sworn,on oath say they have and during all the
times herein stated nave been the Publishers and Printers of the newspaper known as Evening Gazette,March It W
Stillwater Evening Gazette and has full knowledge of the facts herein stated as follows!
(1)Said newspaperis printed in the English language in newspaper format and in column
and sheet form equivalent in printed space to at least 900 square inches. (2)Said newspaper NOTICE IS HEREBY GIVEN, that the
is a daily and is distributed Monday through Friday of each week,except holidays. (3) Said City Council of the CityEof Oak Park Heights,
newspaper has 25%of its news columns devoted to news of local interest to the community
which it purports to serve and does not wholly duplicate any other publication and is not Washington County,Minnesota shall conduct
made up entirely of patents, plate matter and advertisements. (4) Said newspaper is 0 public hearing upon amending the Code of
circulated in and near the municipality which it purports to serve, has at least 500 copies Ordinances relating to Chapter 301 of the
regularly delivered to paying subscribers,has an average of at least 75%of its total cir- Building Code a Chapter 401 of the Zoning
culation currently paid or no more than three months in arrears and has entry as second- Code relating t
class matter in its local post-office. (5) Said newspaper purports to serve the City of The hearing shall be held Monday,March
Stillwater and surrounding area in the County of Washington and it has its known office of fig, 1983 at 7:00 P.M.at the City Hall, 14168
issue in the City of Stillwater in said county, established and open during its regular North 57th Street, Oak Park Heights, Min-
business hours for the gathering of news,sale of advertisements and sale of subscriptions rota.
and maintained by the publisher or persons in his employ and subject to his direction and
control during all such regular business hours at which said newspaper is printed.(6) Said All written and oral testimony will be
newspaper files a copy of each issue immediately with the State Historical Society.(7) Said 'considered.
•
newspaper is made available at single or subscription prices to any person, corporation,
partnership or other unincorporated association requesting the newspaper and making the •
Dated this 16th day of March, 1983.
applicable payment. (8)said newspaper has complied with all the foregoing conditions for
at least one year preceding the-day or dates of publication mentioned below. (9) Said •
•Is!La Vonne Wilson
newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and La Name Wilton
each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and , Administrator/Treasurer
signed by the Publisher and sworn to before a notary public stating that the newspaper is a
legal newspaper.
3/18
•
They further state on oath that the printed
Notice of Public
Hearing; City of Oak Park Hei ;hts
hereto attached as a part hereof was cut from the columns of said newspaper, and was
printed and published therein in the English language, once each week, for
one �,N -days; that it was first so published on
F'71+► the 18th day of Ma rnh
Ter.. 19.$3.and was
thereafter printed and published on every to and including
the — day of 19.... and that the following is a printed
copy of the lower case alphabet from A to Z,both inclusive,and is hereby acknowledged as
being the size and kind of type used in the composition and publication of said notice,to wit:
abc d of gh i j k l m nopgrst uvwx yz
Ce -2/416 4-4
Subscribed and sworn to before me this 18th day of March 193 •
2
(Notarial Seal)
GUDRUN MEYERS
Notary public, Washington County, Minnesota
// My Commission Expires May 17, 1988
Printers Fee $ .4..•
Received Payment 19
STILLWATER EVENING GAZETTE
By
• •
NORTHWEST ASSOCIATED CONSULTANTS INC.
February 23, 1983
Mr. Mark Vierling
Eckberg, Lammers, Briggs & Wolff
126 South 2nd Street
Stillwater, Minnesota 55082
RE: Oak Park Heights Zoning Ordinance Revision - Mobile Homes
File No: 798.02
Dear Mark:
Pursuant to our phone conversation this morning, I am forwarding a
copy of the zoning amendment passed by the City of Lakeville relative
to mobile homes. As I explained to you, this was a guarded attempt to
comply with the new state legislation.
The approach taken, however, by a majority of our clients is to leave
the matter alone until an application request is submitted which demands
attention to the issue. This "wait it out" approach is partially generated
by the League of Municipalities' attempts to remove or modify the present
legislation.
If we can be of further assistance on this matter, please contact our
office.
Very truly yours,
NORTHWEST ASSOCIATED CONSULTANTS, INC.
David R. Licht, AICP
President
DRL/nd
cc: LaVonne Wilson
4820 minnetonka boulevard. suite 420 minneapolis, mn 55416 612/925-9420
I
*11. 13 Single Family Dwellings. All single family detached homes except in the
R-MH District shall :
1) Be constructed upon a continuous perimeter foundation that meets
the requirements of the State Uniform Building Code.
2) Not be less than thirty (30) feet in length and not less than twenty-
two (22) feet in width over that entire minimum length. Width measure-
ments shall not take account of overhang and other projections beyond
the principal walls. Dwellings shall also meet the minimum floor area
requirements as set out in this Ordinance.
3) Have an earth covered, composition, shingled or tiled roof.
4) Receive a building permit. The application for a building permit in
addition to other information required shall indicate the height, size,
design and the appearance of all elevations of the proposed building and
a description of the construction materials proposed to be used. The
exterior architectural design of a proposed dwelling may not be so at
variance with, nor so similar to, the exterior architectural design of
any structure or structures already constructed or in the course of
construction in the immediate neighborhood, nor so at variance with
the character of the surrounding neighborhood as to cause a significant
depreciation in the property values of the neighborhood or adversely
affect the public health, safety or general welfare.
5) Comply with Title 9, Chapter 2 of the City Code and receive a conditional
use permit if a dwelling proposed to be moved into the City or to be
relocated within the City has been previously occupied as a dwelling.
6) Meet the requirements of the State Uniform Building Code or the applicable
manufactured housing code.
kso *Amended by Ordinance No. 215, January 3, 1983 65A
• i
CITY OF OAK PARK HEIGHTS
MINUTES OF MEETING HELD MONDAY, FEBRUARY 14, 1983
Meeting called to order by Mayor Sommerfeldt at 7:00 P.M. Present: O' Neal,
Carufel, Doerr, Seggelke, Eckberg and Wilson. Absent: None.
Clerk read public hearing notice, presented affidavit of publication
and mailing list for hearing request for temporary sign variance from
Routson Motors, Inc. O'Neal moved to close the hearing, with Seggelke
seconding. 5 aye votes. Hearing closed.
Carufel moved to grant the above variance for eight months. Seconded
by O' Neal. 5 aye votes. Variance granted.
Doerr moved to approve amusement license to Warren Peterson of Pete ' s
Eddie Arnold Restaurant. Seconded by Carufel . 5 aye votes. License
approved.
Seggelke moved to direct Mr. Peterson to remove portable signs as
soon as" possible when ground thaws and to remove the bulbs in the
flastling : arrow on existing sign. Seconded by Carufel . 5 aye votes .
Carried.
Mr. Jerry Wallace from Northern States Power Co. requested the Council
to consider assessments over a three year period for the sewer project
now under construction. Bonding Agent and City Attorney will check
into the feasibility of bonding the project.
Seggelke moved to approve the minutes of January 10th and 24th. Seconded
by Carufel. 5 aye votes. Carried.
Carufel moved to adopt Resolution #83-2-3 relating to Home Occupation
fees. Initial annual fee to be $25.00 and renewal fee set at $10.00
per year. Seconded by Doerr. Roll call vote taken with 5 aye votes.
Resolution adopted.
O'Neal, seconded by Doerr, moved to approve payment of bills as presented
and investments. Details available at Clerk' s office. 5 aye votes. Carried.
City Attorney was directed to contact City of Stillwater for rental
rates of sewer jetter for the year 1983.
Carufel moved to refer letter from City of Bayport regarding surface
water management to City Engineer. Seconded by Seggelke. 5 aye votes.
Carried.
Seggelke moved to direct City Attorney to research Minnesota Statutes
462. 357 regarding manufactured housing. Seconded by Doerr. 5 aye votes.
Carried.
O'Neal moved to adopt Resolution #83-2-4 establishing a statementof
understanding to Dora Koller from the City of Oak Park Heights regarding
storm sewer tax improvement district No. 1 and improvements to be
made thereunder. Seconded by Seggelke. Roll call vote taken with
5 aye votes cast . Carried. '
allM I - WAMANUF*RED
:'ter c�;•
HOUSING 8 i
ASSOCIATION : z °••
222 EAST LITTLE CANADA ROAD SUITE 222 612-4825875 •
LITTLE CANADA,MN 55117 % ":1#.
47 MEMI I �S'
OF APP1k0
February 2 , 1983
RE: LOCAL CONTROL OF THE LOCATION OF MANUFACTURED HOUSING
Dear Public Official :
In response to the numerous inquiries made by cities , counties ,
and townships concerning the 1982 Manufactured Housing Legisla-
tion , the attached summary is provided to assist governmental
units in preparation of zoning ordinance amendments
The 1982 Minnesota Legislature passed a law that amended
Minnesota Statutes 462 .357, Subdivision 1 (Municipal Planning
Act) stating that, "No regulation may prohibit. . .manufactured
homes built in conformance with Minnesota Statutes , Section
327.21 to .35 that comply with all other zoning ordinances
promulgated pursuant to the section. "
The manufactured housing industry has made very significant
strides in recent years to improve the quality of its housing.
Since 1972 , the industry has been building homes that had to
meet state building code (until 1975 ) , or HUD construction and
safety standards since 1976 . Manufactured homes built since
1976 are generally more fire resistant and better insulated
than state building requirements for site-built homes . The
1982 legislation prohibits unfair discrimination against HUD
certified manufactured housing and requires that manufactured
homes be treated like any other single-family dwelling in
local zoning ordinances . The 1982 legislation should be view-
ed as an opportunity to provide safe , affordable housing
within your jurisdiction without adversely affecting the
character of your existing neighborhoods .
The members of the Minnesota Manufactured Housing Association
and myself are available to make slide presentations and pro-
vide additional background information to your governing
body and/or staff upon request. The association and staff are
familiar with local concerns relating to the legislation. I,
myself am personally familiar from the standpoint of having been
a City Planner for a suburban community in Minnesota for several
years .
Please call me , if you have any question or concerns or if the
Association members or I can be of further assistance.
Sincerely,
b0,4, it
oan M. Archer
Executive Vice President
JMA/sek
A 1."'" 411 110
•
AMENDING YOUR ZONING ORDINANCE TO BRING IT INTO CONFORMANCE
A. Definitions
Zoning ordinances should be amended to include the definition of
manufactured homes (Minnesota Statutes , Section 327.3 ) :
"A structure , transportable 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 320 or more square feet , and which is built on a permanent
chassis and designed to be used as a dwelling with or without
permanent foundation when connected to the required utilities ,
and included the plumbing , heating , air conditioning and
electrical systems contained therein, except that the term
included any structure which meets all the requirements , and
with respect to which the manufacturer voluntarily files a
certification required by the secretary and complies with
the standards established under this chapter. "
B. Permitted Uses
The 1982 law requires that manufactured homes that are HUD certified
must be treated like other single family dwellings . Anywhere your
ordinance allows single family homes , manufactured homes should also
be listed as a permitted use. Manufactured homes cannot be considered
by special use permit or conditional use permit unless all single
family dwellings are placed in that category. The law clearly pro-
hibits cities and counties from forcing HUD certified manufactured
housing into mobile home (manufactured home) parks or special
districts .
C. District Requirements
1 . Width/Square Footage
Manufactured housing can be regulated by the zoning code standards
applied toall single family dwellings , i .e. setbacks , height.
With the amendments in the 1982 legislation cities establish minimum
width and square footage requirements , again , communities must
apply these standards equally to both site-built homes and manu-
factured homes . As a reminder the creation of new standards in
regard to width and square footage might result in a portion of
your existing housing stock becoming non-conforming if they do not
meet those standards . Also, increased width and square footage
requirements might prohibit the construction of stick built
"affordable" homes . Rather than developing a set of arbitrary
standards it is suggested that cities examine current site-built
building dimensions in each residential zoning district and
develop standards based on established practice. Thus , assuring
communities of consistent development standards and compatibility
of new structures to existing dwellings .
0 .00 ,
2 . Roof Pitch
Ordinances that establish minimum roof pitch aimed at circomventing
the law and prohibiting manufactured homes in a community would
probably be unacceptable to the courts . If your ordinance contains
language that requires a minimum roof pitch for all residential
buildings , it should be examined to make sure that minimum roof
pitch does not exclude manufactured housing. Care should be taken
to relate any adoption of roof pitch standards to zoning concerns
because roof pitch is a construction standard handled by the building
code and not typically the zoning code . Transporting manufactured
housing under interstate bridges restricts roof pitch to just under
a 3/ 12 pitch.
3 . Basements
As with the dimension standards , requirements for basements or storm
shelters must be applied without respect to the method of home con-
struction. If your ordinance now requires basements for site-built
single-family homes , the requirement would also apply to wanufactured
homes . If your community permits slab construction for site-built
homes , it must also permit manufactured homes to be placed on slabs .
D. Removing Ordinance Language That Prohibits
If your zoning ordinance contains language that specifically prohibits
manufactured homes (or mobile homes) from locating in single-family
residential districts and/or permits them only in certain districts
(mobile home parks ) your ordinance will need to be amended to bring
it into conformance with Minnesota Statutes . This is clarified by
the attached Attorney General ' s Opinion , issued November 10, 1982 .
The 1982 law does not prohibit mobile home (manufactured housing) parks
or local ordinances that regulate such parks , but it does prohibit
language that would force all manufactured homes into such parks .
One effect of the 1982 law is likely to be a reduced need for mobile
home (manufactured home) park ordinances . Future development of
manufactured housing subdivision can now possibly be processed under
a city ' s PUD ordinance and subdivision regulations .
As a reminder , existing mobile home park ordinances and the statute
regarding those ordinances was not amended because of the need to
facilitate mobile homes constructed prior to June 15 , 1976 that do
not have the HUD certification. Since there are still a large
number of pre-1976 units in good condition throughout the state ,
cities will still have to have ordinances regarding their placement
location, etc .