HB-4801, As Passed House, October 27, 2009

SUBSTITUTE FOR

HOUSE BILL NO. 4801

A bill to amend 1987 PA 96, entitled

"The mobile home commission act,"

by amending section 7 (MCL 125.2307).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 7. (1) A Except as provided in subsection (7), a local

government ~~which~~ that proposes a standard related to mobile home

parks or seasonal mobile home parks, or related to mobile homes

located within a mobile home park or a seasonal mobile home park,

that is higher than the standard provided in this act or the code,

; or that proposes a standard related to the business, sales, and

service practices of mobile home dealers, or the business of mobile

home installers and repairers, that is higher than the standard

provided in this act or the code, shall file the proposed standard

with the commission. ~~The~~ Except as provided in subsection (7), the

commission may promulgate rules to establish the criteria and

procedure for implementation of higher standards by a local

government. The commission shall review and approve the proposed

standard unless the standard is unreasonable, arbitrary, or not in

the public interest. If the commission does not approve or

disapprove the proposed standard within 60 days after it is filed

with the commission, the standard shall be considered approved

unless the local government grants the commission additional time

to consider the standard. After the proposed standard is approved,

the local government may adopt the standard by ordinance. The

ordinance shall relate to a specific section of the code.

(2) A local government standard related to mobile homes not

located within a mobile home park or seasonal mobile home park need

not be filed with the mobile home commission, unless the standard

relates to the business, sales, and service practices of mobile

home dealers, or the business of mobile home installers and

repairers.

(3) A local government ordinance shall not be designed as

exclusionary to mobile homes generally whether the mobile homes are

located inside or outside of mobile home parks or seasonal mobile

home parks.

(4) A local government ordinance shall not contain a standard

for the setup or installation of mobile homes that is incompatible

with, or is more stringent than, either of the following:

(a) The manufacturer's recommended setup and installation

specifications.

(b) The mobile home setup and installation standards

promulgated by the federal department of housing and urban

development pursuant to the national manufactured housing

construction and safety standards act of 1974, 42 ~~U.S.C.~~ USC 5401

to 5426.

(5) In the absence of any setup or installation specifications

or standards for foundations as set forth in subsection (4)(a) or

(b), the local government standards for site-built housing shall

apply.

(6) A local government ordinance shall not contain roof

configuration standards or special use zoning requirements that

apply only to, or excludes, mobile homes. A local government

ordinance shall not contain a manufacturing or construction

standard that is incompatible with, or is more stringent than, a

standard promulgated by the federal department of housing and urban

development pursuant to the national manufactured housing

construction and safety standards act of 1974, 42 ~~U.S.C.~~ USC 5401

to 5426. A local government ordinance may include reasonable

standards relating to mobile homes located outside of mobile home

parks or seasonal mobile home parks which ensure that mobile homes

compare aesthetically to site-built housing located or allowed in

the same residential zone.

(7) Notwithstanding anything in section 17 that may be to the

contrary, a local government may inspect mobile homes for safety

within a mobile home park, a seasonal mobile home park, or mobile

homes located outside a mobile home park or a seasonal mobile home

park if the mobile home being inspected is being rented to a tenant

House Bill No. 4801 (H-4) as amended October 27, 2009

by the owner of the mobile home. The local government may propose a

means to determine which mobile homes located within its

jurisdiction are being rented to tenants by the owner, including,

but not limited to, imposition of a registration or a licensing

requirement for renting mobile homes to tenants. A local government

may inspect mobile homes rented to tenants by the owner for safety.

If a local government inspects mobile homes rented to tenants by

the owner for safety, the period between inspections shall not be

longer than 3 years. Inspections for safety shall not require

enforcement of any mobile home construction standards that are

greater than those applicable to the mobile home under the

manufactured housing rules, R 125.1101 to R 125.2009 of the

Michigan administrative code. As used in this section, "inspection

for safety" means an inspection of a rental mobile home that is

limited to ensuring the proper functioning, or protection, of the

following:

(a) Furnace.

(b) Water heater.

(d) Proper sanitation and plumbing.

(e) Ventilation.

(f) Heating equipment.

(g) [Structural integrity.

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