SB-0819, As Passed Senate, December 2, 2009
September 15, 2009, Introduced by Senators BIRKHOLZ and McMANUS and referred to the Committee on Appropriations.
A bill to amend 1987 PA 96, entitled
"The mobile home commission act,"
by amending sections 5, 6, and 17 (MCL 125.2305, 125.2306, and
125.2317), as amended by 2006 PA 328.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5. (1) After consultation with and considering comments
from representatives of the manufactured housing industry and other
interested parties, the department shall promulgate the mobile home
code subject to section 4. The code shall consist of rules
governing all of the following:
(a) The licensure, density, layout, permits for construction,
construction of mobile home parks including standards for roads,
utilities, open space, or proposed recreational facilities, and
safety measures sufficient to protect health, safety, and welfare
of mobile home park residents, except water supply, sewage
collection and treatment, and drainage facilities which are
regulated
by the department of environmental quality natural
resources.
(b) The business, sales, and service practices of mobile home
dealers.
(c) The business practices of mobile home installers and
repairers.
(d) The licensure and regulations of mobile home installers
and repairers.
(e) The setup and installation of mobile homes inside mobile
home parks or seasonal mobile home parks.
(f) The regulation of the responsibilities, under the mobile
home warranty, of the mobile home components manufacturer, the
mobile home assembler or manufacturer, and the mobile home dealer,
including the time period and relationships of each under the
warranty, and the remedies available, if any, if the responsible
parties cease to operate as a business.
(g) Abuses relating to all of the following:
(i) Consumer deposits, except utility deposits from consumers
who are direct customers of utilities regulated by the Michigan
public service commission.
(ii) Detailed listing of furnishings and fixtures by a
manufacturer of a new mobile home or a mobile home dealer for a
used mobile home.
(iii) Disclosure and delivery of manufacturer's warranties.
(iv) Used mobile homes. A mobile home dealer shall provide
detailed listing of its service records for used mobile homes which
are being sold by the dealer and of which the dealer has knowledge.
(h) Applications for and issuance of certificates of title for
mobile homes.
(2) As part of the code, the department shall also promulgate
rules governing the licensure, density, layout, permits for
construction, and construction of seasonal mobile home parks,
including standards for roads, utilities, open space, proposed
recreational facilities, and safety measures sufficient to protect
the health, safety, and welfare of seasonal mobile home park
residents, except water supply, sewage collection and treatment,
and drainage facilities, which shall be regulated by the department
of environmental
quality natural resources.
(3) The rules promulgated for seasonal mobile home parks may
impose a less stringent standard than the rules promulgated for
mobile home parks.
Sec. 6. (1) After consultation with and considering comments
from representatives of the manufactured housing industry and other
interested
parties, the department of environmental quality natural
resources shall promulgate rules for mobile home parks and seasonal
mobile home parks setting forth minimum standards regulating:
(a) Water supply system.
(b) Sewage collection and disposal system.
(c) Drainage.
(d) Garbage and rubbish storage and disposal.
(e) Insect and rodent control.
(f) General operation, maintenance, and safety.
(g) Certification of compliance under section 17.
(2) Representatives of local government shall act in an
advisory capacity in the promulgation of the code.
(3) The commission shall consult with appropriate state and
local governments in developing the procedures for effective
coordination of efforts. The commission shall recommend procedures
to the governor and the legislature for coordinating state agency
decisions and activities pertaining to this act.
Sec.
17. (1) The department of environmental quality natural
resources or its authorized representative shall conduct a physical
inspection of mobile home parks and seasonal mobile home parks in
accordance
with standards established by the department of
environmental
quality under this act. If the mobile home park or
seasonal mobile home park is approved, the department shall issue a
license pursuant to section 16.
(2) Except for purposes of issuing a license or renewing a
license pursuant to this act, a local government may not make an
inspection unless it has reason to believe that this act, the code,
or rules promulgated pursuant to this act were violated.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 807
of the 95th Legislature is enacted into law.