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HB21-1019

Modification To Regulations Of Factory-built Structures

Concerning modifications to the regulations of factory-built structures.
Session:
2021 Regular Session
Subject:
State Government
Bill Summary

The bill makes the following modifications to the regulations of factory-built structures, manufactured housing, and installers and sellers of manufactured housing:

  • Clarifies that a local government may enforce local rules governing the installation of factory-built housing that are approved by the division of housing (division);
  • Clarifies that authority granted to the division is over work related to factory-built structures that is completed offsite or completed onsite with components shipped with the factory-built structure;
  • Clarifies that a local government's authority is over work completed onsite and is not over work performed offsite or work that is completed onsite using components shipped with the factory-built structure;
  • Allows the division to authorize a local government to inspect and charge fees related to work that is completed onsite using components shipped with a factory-built structure;
  • Clarifies that a factory-built structure bearing an insignia of approval issued by the division complies with applicable state codes and local government installation requirements approved by the division;
  • Clarifies that an insignia of approval affixed to the factory-built structure does not expire unless the design and construction of the factory-built structure has been modified by approved plans;
  • Allows the division to set the minimum amount of a surety bond filed by a registered installer of a manufactured home by rule-making;
  • Requires an insurer or financial institution to pay the division or owner of a manufactured home the amount of a claim against the letter of credit, certificate of deposit, or surety bond filed with the division by a registered installer if there has been a final judgment against the registered installer;
  • Clarifies that a local government's authority over installations of manufactured homes to rules related to weight restrictions for snow roof loads or wind shear factors cannot be applied to conflict with the standards set by the United States department of housing and urban development;
  • Allows a local government to require onsite mitigation addressing public safety requirements applicable to manufactured homes that comply with the federal manufactured home construction and safety standard;
  • Removes the requirement that a seller of a manufactured home escrow all down payments paid by a purchaser in a separate fiduciary account;
  • Allows the division to set the minimum amount of a surety bond filed by a registered seller of a manufactured home through rule-making;
  • Removes the requirement that the division send the attorney general a monthly list of all persons registered and bonded with the division;
  • Removes the restriction that any letter of credit, certificate of deposit, or surety bond filed with the division is only revocable upon the written consent of the attorney general;
  • Allows the division to execute a surety bond filed by a registered seller on behalf of the purchaser of a manufactured home;
  • Removes the requirement that a seller of a manufactured home disclose in a sales contract language pertaining to escrow requirements that are eliminated by the bill;
  • Clarifies the types of homes that may not be excluded by counties; and
  • Clarifies that a county must comply with the state requirements for local installation standards when enacting building code provisions for a manufactured home.
    (Note: This summary applies to this bill as introduced.)

Status

Introduced
Under Consideration

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Bill Text

Sponsors

Sponsor Type Legislators
Prime Sponsor

Rep. E. Hooton

Sponsor

Co-sponsor