Revision: Jan. 12, 2009, midnight
HB 187-FN – AS INTRODUCED
2009 SESSION
05/04
HOUSE BILL 187-FN
AN ACT relative to manufactured housing.
SPONSORS: Rep. Taylor, Graf 2; Rep. Buco, Carr 1; Rep. Chandler, Carr 1; Rep. Goley, Hills 8
COMMITTEE: Executive Departments and Administration
This bill:
I. Revises laws regarding modular and manufactured housing and fees for building code inspections by the state fire marshal in towns that do not have a local code inspector.
II. Provides that appeals of decisions of the state fire marshal regarding the fire code shall be heard in superior court.
III. Provides compensation for members of the manufactured housing board.
This bill is a request of the department of safety.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0249
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to manufactured housing.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 State Building Code; Permits and Fees. Amend RSA 155-A:2, IV to read as follows:
IV. To the extent that it does not conflict with any other provision of law, and except as otherwise provided in this paragraph, the issuance of permits and the collection of fees pursuant to the state building code is expressly reserved for counties, towns, cities, and village districts. Pursuant to the state fire marshal’s authority to enforce the state building code under RSA 155-A:7, I, the fire marshal may establish, with approval of the commissioner of safety, by rules adopted under RSA 541-A, fees to defray the cost of administration, implementation, and enforcement of the state building code. Such fees shall be deposited in the fire standards and training and emergency medical services fund established in RSA 21-P:12-d.
2 Appeals of Decisions of the State Fire Marshal. Amend RSA 155-A:11 to read as follows:
155-A:11 Appeals of Decisions of the State Fire Marshal.
I. The [board] superior court shall hear appeals of variances or exceptions to the state fire code that have been granted or denied by the state fire marshal or the state fire marshal’s designee, and appeals of a decision of the state fire marshal or the state fire marshal’s designee, in enforcing provisions of the state building code pursuant to RSA 155-A:7, I.
II. The [board] superior court shall [hold] schedule a hearing within 40 days of receipt of a complaint, unless an extension of time has been granted by the [board] court at the written request of one of the parties [and shall render a decision within 30 days of the conclusion of a hearing].
3 Appeals of Decision of the Electricians’ Board and the State Board for the Licensing and Regulation of Plumbers. Amend RSA 155-A:11-a, I to read as follows:
I. The board shall hear appeals of final decisions of the board established under [RSA 319-C:4, the board established under] RSA 329-A:3[,] and the board established under RSA 310-A:186.
4 Building Code Permits and Inspection Fees. Amend RSA 205-C:6 to read as follows:
205-C:6 Fees. The commissioner shall by rule establish fees to defray the costs of administering this chapter. Such rules shall specify fees for the certification of third party inspection agencies by the department; certification of manufacturing facilities by approved third party inspection agencies; [and] certification of modular buildings and building components by approved third party inspection agencies, and building code permits and inspection fees for the department. All fees collected by the department shall be deposited into the [general fund] fire standards and training and emergency medical services fund.
5 New Paragraph; Compensation for Members of the Manufactured Housing Board. Amend RSA 205-D:2 by inserting after paragraph VI the following new paragraph:
VII. Members of the board shall be entitled to a $50 per diem and mileage at the current IRS rate for attending meetings of the board.
6 Duties of the Manufactured Housing Board. RSA 205-D:3, III-V are repealed and reenacted to read as follows:
III. Adequately train manufactured housing installers in order to ensure the proper performance of the house and protect the safety and welfare of the public to ensure compliance with state installation standards.
IV. Provide a fair and effective recourse for licensed installers and for manufactures regarding appeals of violations, disciplinary actions, and license application denials.
7 New Section; Duties of the Department of Safety Relative to Manufactured Housing. Amend RSA 205 by inserting after section 3 the following new section:
205-D:3-a Duties of the Department of Safety. The department of safety shall:
I. Assure compliance with the Federal Manufactured Housing Construction and Safety Standard, including compliance with the standard as amended by the Manufactured Housing Improvement Act of 2000, Public Law 106-569.
II. License manufactured housing installers in order to ensure the proper performance of the house and protect the safety and welfare of the public.
III. Ensure compliance with state installation standards by conducting appropriate inspections of the installation of manufactured housing.
IV. Receive and investigate complaints of manufactured house installations to inspect and identify code deficiencies and responsibility, and for the issuance of appropriate orders for the correction of defects in manufactured houses that are reported during the one-year period beginning on the date of occupancy.
V. Perform inspections as required by RSA 205-D:5.
VI. Notify the board when investigation of a complaint or inspection results in a recommendation for disciplinary action against a licensed installer so the board may undertake appropriate disciplinary proceedings under RSA 205-D:13.
VII. Where there is no local authority having jurisdiction, the department shall establish a permitting and inspection process to ensure compliance with this chapter.
8 Manufactured Housing Complaints. RSA 205-D:6 is repealed and reenacted to read as follows:
205-D:6 Complaints.
I. A consumer, park owner, manufacturer, retailer, or installer of manufactured housing aggrieved or having a dispute regarding the installation of a manufactured house under the provisions of this chapter may file a complaint with the department.
II. All complaints shall be in writing and reviewed by the department and a copy forwarded to the board.
III. To be accepted for filing, complaints shall be filed on a form provided by the department.
IV. All complaints shall be filed with the department within one year of the date of occupancy.
V. If the department or board determines that a complaint requires further investigation, it shall be acted upon as established by the rules. Investigations shall be performed pursuant to RSA 205-D:3-a.
VI. All appeals of violation notices issued by the department shall be filed with the board within 30 days.
VII. Upon receipt of an appeal, the board shall schedule a hearing on the appeal in accordance with the provisions of RSA 541-A.
VIII. The board shall establish procedures for expedited hearings on appeals where the circumstances set forth in the appeal warrant it.
IX. Disposition of all appeals shall be voted on by the board.
9 Installer Licensing. Amend RSA 205-D:7 to read as follows:
205-D:7 License Required. No person shall install any manufactured house subject to the provisions of this chapter without first obtaining a license from the board as required by this chapter. The licensed installer shall be responsible for all phases of the installation.
10 Qualifications for License. Amend RSA 205-D:8 to read as follows:
205-D:8 Qualifications for License.
I. The [board] department shall issue a license to any applicant who at a minimum:
[I.] (a) Has attained the age of 18;
[II.] (b) Has 2 years experience as a manufactured housing installer or proves to the [board’s] department’s satisfaction equivalent installation experience;
[III.] (c) Has successfully completed 6 hours of training on installation standards; and
[IV.] (d) Complies with the requirements of RSA 205-D:10.
II. If the applicant has been denied a license by the department, the applicant may either reapply at intervals no sooner than 6 months from the date of denial or appeal to the board.
11 Bond Required. Amend RSA 205-D:9, I to read as follows:
I. The [board] department shall not issue a license to any person unless the person has posted a surety bond or letter of credit to be held by the state treasurer in an amount to be determined by the board. No surety bond or letter of credit shall be accepted unless it is with a surety company authorized to do business in this state. The surety may cancel the bond or letter of credit at any time upon giving 30 days’ written notice to the [board] department. The effective dates of the financial obligation shall be concurrent with the term of the license plus one month.
12 Application for License. Amend RSA 205-D:10 to read as follows:
205-D:10 Application for License.
I. Applications for licenses shall be made on forms adopted by the [board] department, pursuant to standards established by the board.
II. Applications for licensure shall be accompanied by proof of the surety bond required by this chapter, and payment of the license fee.
III. The [board] department may require each applicant to provide additional information about the applicant’s background and trustworthiness as is reasonably necessary.
13 Expiration and Renewal. Amend RSA 205-D:11, I to read as follows:
I. All licenses issued by the [board] department shall expire on the last day of the month of the licensee’s birth, but may be renewed during the following month, retroactive to the first day of the month. Upon failure to pay the renewal fee within the required period, a licensee may renew his or her license by submitting the required fee plus $10 before the last day of the second month following the month of his or her birth.
14 Fees. Amend RSA 205-D:12 to read as follows:
205-D:12 Fees.
I. The board may establish, pursuant to RSA 541-A, fees for licensure, license renewal, training, inspections conducted by the state fire marshal, and the manufacturer’s warranty seal. The fees established by the board shall be sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses of the board for the previous fiscal year. The fee for the manufacturer’s warranty seal shall not exceed $50. If the fees collected through licensure, license renewal, training, and the manufacturer’s warranty seal are not sufficient to produce revenue to carry out the responsibilities of the board and the responsibilities of the state fire marshal in conducting [inspections] their duties under this chapter, then the board shall establish a fee for inspection which shall not exceed $100.
II. The board shall establish fees for the first year of its operation based upon its estimate of expenses necessary to carry out the provisions of this chapter during that fiscal year. The comptroller is authorized upon request of the department of safety to establish necessary budgetary components and operating accounts in the department and to transfer revenues received from the fees in this section and in RSA 205-D:11 to the department to carry out the responsibilities of the board and the responsibilities of the state fire marshal in conducting [inspections] their duties under this chapter.
III. If an inspection is conducted by a local enforcement agency, the local enforcement agency may charge fees established pursuant to RSA 674:51, III(d).
15 Disciplinary Action. Amend RSA 205-D:13, I(b) to read as follows:
(b) Upon a sworn written complaint of any person which charges that a person licensed by the [board] department has committed misconduct under paragraph II and which specifies the grounds therefor.
16 Effective Date.
I. Section 5 of this act shall take effect July 1, 2009.
II. The remainder of this act shall take effect January 1, 2010.
LBAO
09-0249
12/22/08
HB 187-FN - FISCAL NOTE
AN ACT relative to manufactured housing.
FISCAL IMPACT:
The Department of Safety states this bill would have an indeterminable increase on state revenues and expenditures in FY 2010 and each year thereafter. This bill would have no fiscal impact on county and local revenue or expenditures.
METHODOLOGY:
The Department of Safety states this bill would revise laws regarding modular and manufactured housing and fees for building code inspections done by the Division of Fire Safety in towns that do not have a local code inspector. Although the division knows that there are currently 55 towns without a local code inspector, it cannot estimate the number of inspection requests or what the fee per inspection might be established at; therefore, the fiscal impact on state revenue for this portion of the legislation cannot be estimated. Another portion of the bill would establish compensation to the members of the Manufactured Housing Board for both per diem and mileage. Although the minimum number of meeting would be four annually, there might be many more depending on the number of complaints and licensing actions that the board might have to act on. Therefore, the fiscal impact on state expenditures cannot be determined at this time.