1.1.................... moves to amend H.F. No. 3024 as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1. Minnesota Statutes 2008, section 327.31, subdivision 17, is amended to
1.4read:
1.5 Subd. 17.
Installation. "Installation" of a manufactured home means
assembly
1.6installation or reinstallation, at the site of occupancy, of all portions of a manufactured
1.7home, connection of the manufactured home to existing utility connections and installation
1.8of support and/or anchoring systems.
1.9 Sec. 2. Minnesota Statutes 2008, section 327.31, is amended by adding a subdivision
1.10to read:
1.11 Subd. 21. Used manufactured home. "Used manufactured home" means a home
1.12being offered for sale not less than 24 months after the first purchaser took legal ownership
1.13or possession of the home.
1.14 Sec. 3. Minnesota Statutes 2008, section 327.31, is amended by adding a subdivision
1.15to read:
1.16 Subd. 22. Seller. "Seller" means either the homeowner, manufactured home retailer
1.17or dealer, broker, limited dealer or retailer, or listing agent.
1.18 Sec. 4. Minnesota Statutes 2008, section 327.32, subdivision 1, is amended to read:
1.19 Subdivision 1.
Requirement; new manufactured homes. No person shall sell
,
1.20or offer for sale
, in this state
, any
new manufactured home
manufactured after July 1,
1.211972, or manufacture any manufactured home in this state
or install for occupancy any
1.22manufactured home manufactured after July 1, 1972, in any manufactured home park in
1.23this state unless the manufactured home complies with the Manufactured Home Building
1.24Code and
: bears a label as required by the secretary.
2.1 (a) bears a seal issued by the commissioner, and is, whenever possible, accompanied
2.2by a certificate by the manufacturer or dealer, both evidencing that it complies with the
2.3Manufactured Home Building Code; or
2.4 (b) if manufactured after June 14, 1976, bears a label as required by the secretary.
2.5 Sec. 5. Minnesota Statutes 2008, section 327.32, is amended by adding a subdivision
2.6to read:
2.7 Subd. 1a. Requirement; used manufactured homes. No person shall sell or
2.8offer for sale in this state any used manufactured home manufactured after June 14,
2.91976, or install for occupancy any used manufactured home manufactured after June
2.1014, 1976, unless the used manufactured home complies with the Notice of Compliance
2.11Form as provided in this subdivision. If manufactured after June 14, 1976, the home
2.12must bear a label as required by the secretary. The Notice of Compliance Form shall be
2.13signed by the seller and purchaser indicating which party is responsible for either making
2.14or paying for any necessary corrections prior to the sale and transferring ownership of
2.15the manufactured home.
2.16The Notice of Compliance Form shall be substantially in the following form:
2.17"Notice of Compliance Form as required in Minnesota Statutes,
2.18section 327.32, subdivision 1.
2.19This notice must be completed and signed by the purchaser(s) and the seller(s) of the
2.20used manufactured home described in the purchase agreement and on the bottom of this
2.21notice before the parties transfer ownership of a used manufactured home constructed
2.22after June 14, 1976.
2.23Electric ranges and clothes dryers must have required four-conductor cords and plugs.
2.24
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Complies ..........
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Correction required ..........
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2.25
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Initialed by Responsible Party: Buyer ..........
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Seller ..........
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2.26Solid fuel-burning fireplaces or stoves must be listed for use in manufactured homes, Code
2.27of Federal Regulations, title 24, section 3280.709(g), and installed correctly in accordance
2.28with their listing or standards (i.e., chimney, doors, hearth, combustion, or intake, etc.,
2.29Code of Federal Regulations, title 24, section 3280.709(g)).
2.30
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Complies ..........
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Correction required ..........
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2.31
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Initialed by Responsible Party: Buyer ..........
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Seller ..........
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2.32Gas water heaters and furnaces must be listed for manufactured home use, Code of Federal
2.33Regulations, title 24, section 3280.709(a) and (d)(1) and (2) and installed correctly, in
2.34accordance with their listing or standards.
3.1
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Complies ..........
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Correction required ..........
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3.2
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Initialed by Responsible Party: Buyer ..........
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Seller ..........
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3.3Smoke alarms are required to be installed and operational in accordance with Code of
3.4Federal Regulations, title 24, section 3280.208.
3.5
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Complies ..........
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Correction required ..........
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3.6
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Initialed by Responsible Party: Buyer ..........
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Seller ..........
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3.7Carbon monoxide alarms or CO detectors that are approved and operational are required
3.8to be installed within ten feet of each room lawfully used for sleeping purposes.
3.9
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Complies ..........
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Correction required ..........
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3.10
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Initialed by Responsible Party: Buyer ..........
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Seller ..........
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3.11Egress windows are required in every bedroom with at least one operable window with
3.12a net clear opening of 20 inches wide and 24 inches high, five square feet in area, with
3.13the bottom of windows opening no more than 36 inches above the floor. Locks, latches,
3.14operating handles, tabs, or other operational devices shall not be located more than 54
3.15inches above the finished floor.
3.16
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Complies ..........
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Correction required ..........
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3.17
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Initialed by Responsible Party: Buyer ..........
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Seller ..........
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3.18The furnace compartment of the home is required to have interior finish with a flame
3.19spread rating not exceeding 25 feet, as specified in the 1976 United States Department of
3.20Housing and Urban Development Code governing manufactured housing construction.
3.21
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Complies ..........
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Correction required ..........
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3.22
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Initialed by Responsible Party: Buyer ..........
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Seller ..........
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3.23The water heater enclosure in this home is required to have interior finish with a flame
3.24spread rating not exceeding 25 feet, as specified in the 1976 United States Department of
3.25Housing and Urban Development Code governing manufactured housing construction.
3.26
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Complies ..........
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Correction required ..........
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3.27
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Initialed by Responsible Party: Buyer ..........
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Seller ..........
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3.28The home complies with the snowload and heat zone requirements for the state of
3.29Minnesota as indicated by the data plate.
3.30
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Complies ..........
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Correction required ..........
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3.31
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Initialed by Responsible Party: Buyer ..........
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Seller ..........
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3.32The parties to this agreement have initialed all required sections and agree by their
3.33signature to complete any necessary corrections prior to the sale or transfer of ownership
3.34of the home described below as listed in the purchase agreement. The state of Minnesota
3.35or a local building official has the authority to inspect the home in the manner described in
4.1Minnesota Statutes, section 327.33, prior to or after the sale to ensure compliance was
4.2properly executed as provided under the Manufactured Home Building Code.
4.3
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Signature of Purchaser(s) of Home
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4.4
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..............................date..............................
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..............................date..............................
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4.5
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.......................................................................
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.......................................................................
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4.6
4.7
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Print name as appears on purchase
agreement
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Print name as appears on purchase
agreement
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4.8
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Signature of Seller(s) of Home
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4.9
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..............................date..............................
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..............................date..............................
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4.10
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.......................................................................
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.......................................................................
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4.11
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Print name and license number, if applicable
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Print name and license number, if applicable
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4.12
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(Street address of home at time of sale)
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4.13
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................................................................................................................................
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4.14
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(City/State/Zip).......................................................................................................
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4.15
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Name of manufacturer of home............................................................................
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4.16
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Model and Year.....................................................................................................
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4.17
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Serial Number........................................................................................................"
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4.18 Sec. 6. Minnesota Statutes 2008, section 327.32, is amended by adding a subdivision
4.19to read:
4.20 Subd. 1b. Alternative design plan. An alternative frost-free design slab that is
4.21submitted to the department, stamped by a licensed professional engineer or architect, and
4.22is in compliance with the federal installation standards in effect at the date of manufacture
4.23or the Minnesota State Building Code, when applicable, shall be issued a permit by the
4.24department within ten days.
4.25 Sec. 7. Minnesota Statutes 2008, section 327.32, is amended by adding a subdivision
4.26to read:
4.27 Subd. 1c. Manufacturer's installation instructions; new home. All new
4.28single-section manufactured homes and new multisection manufactured homes shall be
4.29installed in compliance with the manufacturer's installation instructions in effect at the
4.30date of manufacture or, when applicable, the Minnesota State Building Code.
4.31 Sec. 8. Minnesota Statutes 2008, section 327.32, is amended by adding a subdivision
4.32to read:
4.33 Subd. 1d. Manufacturer's installation instructions; used multisection homes.
4.34All used multisection manufactured homes shall be installed in compliance with either
4.35the manufacturer's installation instructions in effect at the date of manufacture, approved
4.36addenda or, when applicable, the Minnesota State Building Code.
5.1 Sec. 9. Minnesota Statutes 2008, section 327.32, is amended by adding a subdivision
5.2to read:
5.3 Subd. 1e. Reinstallation requirements for single-section used manufactured
5.4homes. (a) All single-section used manufactured homes reinstalled less than 24 months
5.5from the date of installation by the first purchaser must be reinstalled in compliance with
5.6subdivision 1c. All single-section used manufactured homes reinstalled more than 24
5.7months from the date of installation by the first purchaser may be reinstalled without
5.8a frost-protected foundation if the home is reinstalled in compliance with Minnesota
5.9Rules, chapter 1350, for above frost-line installations and the notice requirement of
5.10subdivision 1f is complied with by the seller and the purchaser of the single-section used
5.11manufactured home.
5.12(b) The installer shall affix an installation seal issued by the department to the
5.13outside of the home as required by the Minnesota State Building Code. The certificate
5.14of installation issued by the installer of record shall clearly state that the home has been
5.15reinstalled with an above frost-line foundation. Fees for inspection of a reinstallation and
5.16for issuance of reinstallation seals shall follow the requirements of sections 326B.802
5.17to 326B.885. Fees for review of plans, specifications, and on-site inspections shall be
5.18those as specified in section 326B.153, subdivision 1, paragraph (c). Whenever an
5.19installation certificate for an above frost-line installation is issued to a single-section used
5.20manufactured home being listed for sale, the purchase agreement must disclose that the
5.21home is installed on a nonfrost-protected foundation and recommend that the purchaser
5.22have the home inspected to determine the effects of frost on the home.
5.23 Sec. 10. Minnesota Statutes 2008, section 327.32, is amended by adding a subdivision
5.24to read:
5.25 Subd. 1f. Notice requirement. The seller of the single-section used manufactured
5.26home being reinstalled under subdivision 1e shall provide the following notice to the
5.27purchaser and secure signatures of all parties to the purchase agreement on or before
5.28signing a purchase agreement prior to submitting an application for an installation
5.29certificate. Whenever a current owner of a manufactured home reinstalls the manufactured
5.30home under subdivision 1e, the current owner is not required to comply with the notice
5.31requirement under this subdivision. The notice shall be in the same font size as required
5.32for the purchase agreement, except the heading, "WHICH MAY VOID WARRANTY,"
5.33must be in capital letters, in 20-point font. The notice becomes a part of the purchase
5.34agreement, and it shall be substantially in the following form:
6.1"Notice of Reinstalling of a Single-Section Used Manufactured
6.2Home Above Frost-Line;
6.3WHICH MAY VOID WARRANTY
6.4It is recommended that the single-section used manufactured home being reinstalled
6.5follow the instructions in the manufacturer's installation manual. By signing this notice,
6.6the purchaser(s) are acknowledging they have elected to use footings placed above the
6.7local frost line in accordance with the Minnesota State Building Code.
6.8The seller has explained the differences between the manufacturer's installation
6.9instructions and the installation system selected by the purchaser(s) with respect to
6.10possible effects of frost on the manufactured home.
6.11The purchaser(s) acknowledge by signing this notice that there is no manufacturer's
6.12original warranty remaining on the home and recognize that any other extended or ancillary
6.13warranty could be adversely affected if any applicable warranty stipulates that the home
6.14be installed in accordance with the manufacturer's installation manual to remain effective.
6.15After the reinstallation of the manufactured home, it is highly recommended that the
6.16purchaser(s) have a licensed manufactured home installer recheck the home's installation
6.17for any releveling needs or anchoring system adjustments each freeze-thaw cycle.
6.18The purchaser(s) of the used manufactured home described below that is being reinstalled
6.19acknowledge they have read this notice and have been advised to contact the manufacturer
6.20of the home and/or the Department of Labor and Industry if they desire additional
6.21information before signing this notice. It is the intent of this notice to inform the
6.22purchaser(s) that the purchaser(s) elected not to use a frost-protected foundation system
6.23for the reinstallation of the manufactured home as originally required by the home's
6.24installation manual.
6.25Plain language notice.
6.26I understand that because this home will be installed with footings placed above the
6.27local frost-line, this home may be subject to adverse effects from frost heave that may
6.28damage this home. Purchaser(s) initials: .......
6.29I understand that the installation of this home with footings placed above the local
6.30frost-line could affect my ability to obtain a mortgage or mortgage insurance on this
6.31home. Purchaser(s) initials: .......
6.32I understand that the installation of this home with footings placed above the local
6.33frost-line could void my warranty on the home if any warranty is still in place on this
6.34home. Purchaser(s) initials: .......
6.35
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Signature of Purchaser(s)
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6.36
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..............................date..............................
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..............................date..............................
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7.1
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...................................................................
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...................................................................
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7.2
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Print name
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Print name
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7.3
7.4
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(Street address of location where
manufactured home is being reinstalled)
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7.5
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..............................................................................................................................
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7.6
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(City/State/Zip)....................................................................................................
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7.7
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Name of manufacturer of home.........................................................................
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7.8
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Model and year...................................................................................................
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7.9
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Serial number.....................................................................................................
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7.10Name of licensed installer and license number or homeowner responsible for the
7.11installation of the home as described above.
7.12
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Installer name:...................................................................................................
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7.13
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License number:................................................................................................"
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7.14 Sec. 11.
REPEALER.
7.15Minnesota Statutes 2008, sections 327.32, subdivision 4; and 327C.07, subdivisions
7.163, 3a, and 8, are repealed."
7.17Amend the title accordingly