January 27, 2005, Introduced by Senators BASHAM and BRATER and referred to the Committee on Local, Urban and State Affairs.
A bill to amend 1987 PA 96, entitled
"The mobile home commission act,"
by amending sections 7, 16, 17, and 45 (MCL 125.2307, 125.2316,
125.2317, and 125.2345).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
7. (1) 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 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 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 is 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. A local zoning
ordinance is not considered a standard that is subject to this
subsection and is not reviewable by the commission.
(2) A local government is not required to file 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
shall not design a local government ordinance that is 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.
(7) A local government ordinance may include reasonable
standards relating to mobile homes located outside of mobile home
parks
or seasonal mobile home parks which that ensure that mobile
homes compare aesthetically to site-built housing located or
allowed in the same residential zone.
Sec. 16. (1) A person shall not operate a mobile home park or
seasonal mobile home park without a license.
(2) Upon completion, review, and approval of certifications,
the department shall grant a license to operate a mobile home park
or seasonal mobile home park.
(3) An annual license shall be granted and renewed by the
department based upon the certifications and recommendations of the
appropriate agencies and local governments.
(4) If a person submits a timely application for renewal of a
license and pays the appropriate fee, the person may continue to
operate a mobile home park or seasonal mobile home park unless
notified that the application for renewal is not approved.
(5) A campground which is currently licensed under sections
12501
to 12516 of the public health code, Act No. 368 of the
Public
Acts of 1978, being sections 333.12501 to 333.12516 of the
Michigan Compiled Laws 1978 PA 368, MCL
333.12501 to 333.12516,
was
previously licensed under the licensing provisions of Act No.
243
of the Public Acts of 1959, being sections 125.1035 to 125.1043
of
the Michigan Compiled Laws as a seasonal trailer park and which
and currently meets the seasonal trailer park construction
standards
under Act No. 243 of the Public Acts of 1959 1959 PA
243, MCL 125.1001 to 125.1051, may apply for and shall be licensed
as a seasonal mobile home park under this act if the campground
meets all other requirements for licensure under this act as a
seasonal mobile home park.
(6) A person operating a licensed mobile home park or seasonal
mobile home park shall annually provide to the local government
within which the park is located a list of the names of the
residents and mobile homes in the park.
Sec.
17. (1) The department of public health A local
government within which a mobile home park or seasonal mobile home
park is located or its authorized representative shall conduct an
annual
physical inspection of the mobile home parks and park or
seasonal
mobile home parks park in accordance with standards
established
by the department of public health environmental
quality. If the mobile home park or seasonal mobile home park is
approved,
the department of public health local government shall
issue
a certification of compliance to the department of commerce
that the park is licensable.
(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.
Sec. 45. (1) This act shall not be construed to prohibit the
prosecution
or punishment of a person for conduct which that
constitutes a crime by statute or at common law.
(2) This act shall not be construed to prohibit a municipality
from
enforcing doing any of
the following:
(a)
Enforcing its local ordinances. or
from taking any other
(b) Taking appropriate action to protect the public health,
safety, or welfare as authorized by law or its charter.
(c) Placing restrictions on nonpermanent residents.