Bill Text: MI HB4801 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Housing; inspection; rental housing inspection programs; expand to include rental mobile homes. Amends sec. 7 of 1987 PA 96 (MCL 125.2307).
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Passed) 2009-12-31 - Assigned Pa 215'09 With Immediate Effect 2009 Addenda [HB4801 Detail]
Download: Michigan-2009-HB4801-Engrossed.html
HB-4801, As Passed Senate, December 17, 2009
SENATE 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 adopt an ordinance to 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 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 the safety inspection ordinance
applies to all other rental housing within the local governmental
unit. If a local government inspects mobile homes rented to tenants
by the owner for safety, the period between inspections shall not
be less than 3 years unless the local government is responding to a
complaint from a tenant. An inspection shall not be conducted on a
mobile home for which an occupancy permit has been issued by the
local government in the preceding 3 years unless the local
government is responding to a complaint from a tenant. 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 national manufactured housing
construction and safety standards act of 1974, 42 USC 5401 to 5426,
or standards or codes to which the mobile home was constructed if
it was constructed before application of the national manufactured
housing construction and safety standards act of 1974, 42 USC 5401
to 5426. 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.
(c) Electrical wiring.
House Bill No. 4801 as amended December 10, 2009
(d) Proper sanitation and plumbing.
(e) Ventilation.
(f) Heating equipment.
(g) Structural integrity.
<<(h) Smoke alarms.>>
