July 16, 2003, Introduced by Senator BASHAM 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:
1 Sec. 7. (1) A local
government which that proposes a
2 standard related to mobile home parks or seasonal mobile home
3 parks, or related to mobile homes located within a mobile home
4 park or a seasonal mobile home park that is higher than the
5 standard provided in this
act or the code, ; or a standard
6 related to the business, sales, and service practices of mobile
7 home dealers, or the business of mobile home installers and
8 repairers, that is higher than the standard provided in this act
9 or the code, shall file the proposed standard with the
10 commission. The commission may promulgate rules to establish the
1 criteria and procedure for implementation of higher standards by
2 a local government. The commission shall review and approve the
3 proposed standard unless the standard is unreasonable, arbitrary,
4 or not in the public interest. If the commission does not
5 approve or disapprove the proposed standard within 60 days after
6 it is filed with the
commission, the standard shall be is
7 considered approved unless the local government grants the
8 commission additional time to consider the standard. After the
9 proposed standard is approved, the local government may adopt the
10 standard by ordinance. The ordinance shall relate to a specific
11 section of the code. A local zoning ordinance is not considered
12 a standard that is subject to this subsection and is not
13 reviewable by the commission.
14 (2) A local government is not required to file a local
15 government standard related to mobile homes not located within a
16 mobile home park or
seasonal mobile home park need not be filed
17 with the mobile home commission
, unless the standard relates
18 to the business, sales, and service practices of mobile home
19 dealers , or the
business of mobile home installers and
20 repairers.
21 (3) A local
government ordinance shall not be designed as
22 shall not design a local government ordinance that is
23 exclusionary to mobile homes generally whether the mobile homes
24 are located inside or outside of mobile home parks or seasonal
25 mobile home parks.
26 (4) A local government ordinance shall not contain a standard
27 for the setup or installation of mobile homes that is
1 incompatible with, or is more stringent than, either of the
2 following:
3 (a) The manufacturer's recommended setup and installation
4 specifications.
5 (b) The mobile home setup and installation standards
6 promulgated by the federal department of housing and urban
7 development pursuant to the national manufactured housing
8 construction and safety standards act of 1974, 42 U.S.C. 5401 to
9 5426.
10 (5) In the absence of any setup or installation
11 specifications or standards for foundations as set forth in
12 subsection (4)(a) or (b), the local government standards for
13 site-built housing shall apply.
14 (6) A local government ordinance shall not contain roof
15 configuration standards or special use zoning requirements that
16 apply only to, or excludes, mobile homes. A local government
17 ordinance shall not contain a manufacturing or construction
18 standard that is incompatible with, or is more stringent than, a
19 standard promulgated by the federal department of housing and
20 urban development pursuant to the national manufactured housing
21 construction and safety standards act of 1974, 42 U.S.C. 5401 to
22 5426.
23 (7) A local government ordinance may include reasonable
24 standards relating to mobile homes located outside of mobile home
25 parks or seasonal mobile
home parks which that ensure that
26 mobile homes compare aesthetically to site-built housing located
27 or allowed in the same residential zone.
1 Sec. 16. (1) A person shall not operate a mobile home park
2 or seasonal mobile home park without a license.
3 (2) Upon completion, review, and approval of certifications,
4 the department shall grant a license to operate a mobile home
5 park or seasonal mobile home park.
6 (3) An annual license shall be granted and renewed by the
7 department based upon the certifications and recommendations of
8 the appropriate agencies and local governments.
9 (4) If a person submits a timely application for renewal of a
10 license and pays the appropriate fee, the person may continue to
11 operate a mobile home park or seasonal mobile home park unless
12 notified that the application for renewal is not approved.
13 (5) A campground which is currently licensed under sections
14 12501 to 12516 of the
public health code, Act No. 368 of the
15 Public Acts of 1978, being
sections 333.12501 to 333.12516 of the
16 Michigan Compiled Laws 1978
PA 368, MCL 333.12501 to 333.12516,
17 was previously
licensed under the licensing provisions of Act
18 No. 243 of the Public
Acts of 1959, being sections 125.1035 to
19 125.1043 of the
Michigan Compiled Laws as a seasonal trailer park
20 and which and currently meets the seasonal trailer park
21 construction standards
under Act No. 243 of the Public Acts of
22 1959 1959 PA 243, MCL 125.1001 to 125.1051, may
apply for and
23 shall be licensed as a seasonal mobile home park under this act
24 if the campground meets all other requirements for licensure
25 under this act as a seasonal mobile home park.
26 (6) A person operating a licensed mobile home park or
27 seasonal mobile home park shall annually provide to the local
1 government within which the park is located a list of the names
2 of the residents and mobile homes in the park.
3 Sec. 17. (1) The
department of public health A local
4 government within which a mobile home park or seasonal mobile
5 home park is located or its authorized representative shall
6 conduct an annual
physical inspection of the mobile home parks
7 and park or seasonal mobile home parks park
in accordance with
8 standards established by
the department of public health
9 environmental quality. If the mobile home park or seasonal
10 mobile home park is
approved, the department of public health
11 local government shall issue a certification of compliance to the
12 department of
commerce that the park is licensable.
13 (2) Except for
purposes of issuing a license or renewing a
14 license pursuant to
this act, a local government may not make an
15 inspection unless it
has reason to believe that this act, the
16 code, or rules
promulgated pursuant to this act were violated.
17 Sec. 45. (1) This act shall not be construed to prohibit
18 the prosecution or
punishment of a person for conduct which
19 that constitutes a crime by statute or at common law.
20 (2) This act shall not be construed to prohibit a
21 municipality from enforcing
doing any of the following:
22 (a) Enforcing its
local ordinances. or from taking any
23 other
24 (b) Taking appropriate action to protect the public health,
25 safety, or welfare as authorized by law or its charter.
26 (c) Placing restrictions on nonpermanent residents.