Minnesota Mobile Homes Code Compliance

Minnesota Mobile Homes Code Compliance

Minnesota Mobile Homes Code Compliance

Minnesota statutes effectively provide that Used Manufactured Homes must be maintained in accordance with applicable Manufactured Home Building Code requirements before title to the Used Manufactured Home can be transferred to a new owner.

Minnesota Mobile Homes Code Compliance History

Before 2010, Minnesota law prohibited the sale of any manufactured home which did not meet the requirements of the Manufactured Home Building Code.

However, in 2010, the Minnesota Legislature changed the Minnesota Mobile Homes Code Compliance law to identify that only the sale of new manufactured homes must meet the requirements of the Manufactured Home Building Code.

Nevertheless, since 2011, sellers of Used Manufactured Homes manufactured after June 14, 1976, may not sell a Used Manufactured Home unless the requirements of a statutory Notice of Compliance Form have been satisfied.

Minnesota Mobile Homes Code Compliance Building Code Requirements

Minnesota Statutes, Section 327.31, Subd 3 defines a Manufactured Home Building Code as follows:

Manufactured Home Building Code” means, for manufactured homes constructed after June 14, 1976, the manufactured home construction and safety standards promulgated by the United States Department of Housing and Urban Development which are in effect at the time of the manufactured home’s manufacture.

In Minnesota, no person shall sell, or offer for sale, a “Used Manufactured Home” manufactured after June 14, 1976, unless the Used Manufactured Home complies with the Notice of Compliance Form identified in the statute.

Minnesota Mobile Homes Code Compliance Manufactured Home

Minnesota Statutes, Section 327.31, Subd 6 defines a Manufactured Home as follows:

Manufactured home” means a structure, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that the term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary and complies with the standards established under this chapter.

Minnesota Mobile Homes Code Compliance Used Manufactured Home

Minnesota Statutes, Section 327.31, Subd 21 defines a Used Manufactured Home as follows:

Used manufactured home” means a home being offered for sale not less than 24 months after the first purchaser took legal ownership or possession of the home.

Minnesota Mobile Homes Code Compliance Purchaser

Minnesota Statutes, Section 327.31, Subd 15 defines a purchaser as follows:

“Purchaser” means the first individual purchasing a manufactured home in good faith for purposes other than resale.

Minnesota Mobile Homes Code Compliance Seller

Minnesota Statutes, Section 327.31, Subd 22 defines a seller as follows:

Seller” means either the homeowner, manufactured home retailer or dealer, broker, or limited dealer or retailer.

Therefore, any Minnesota Manufactured Home manufactured after June 14, 1976, which is offered for sale more than two years after the closing of the initial purchase of the home is subject to the Notice of Compliance Form requirements.

Minnesota Mobile Homes Code ComplianceNotice of Compliance Form

The Notice of Compliance Form must:

  • be signed by the seller and purchaser, and
  • indicate which party will be responsible for either making, or paying for, any necessary corrections prior to the sale and transferring ownership of the Used Manufactured Home.

The Notice of Compliance Form must be substantially in the form identified below.

The Notice of Compliance Form must be signed by the seller and purchaser, and must indicate which party will be responsible for either making, or paying for, any necessary corrections prior to the sale and transferring ownership of the Minnesota Used Manufactured Home.

The following provisions of the Notice of Compliance Form shed light on the duties of the parties with respect to meeting the statutory code compliance requirements:

This notice must be completed and signed by the purchaser(s) and the seller(s) of the used manufactured home described in

  • the purchase agreement and
  • on the bottom of this notice

 before the parties transfer ownership of a used manufactured home constructed after June 14, 1976.

The parties to this agreement

  • have initialed all required sections and
  • agree by their signature to complete any necessary corrections prior to the sale or transfer of ownership of the home described below as listed in the purchase agreement.

The state of Minnesota or a local building official has the authority to inspect the home in the manner described in Minnesota Statutes, section 327.33, prior to or after the sale to ensure compliance was properly executed as provided under the Manufactured Home Building Code.

Minnesota Mobile Homes Code Compliance Duties

While the statutory provisions of the Minnesota Notice of Compliance Form alone do not appear to require that code compliance repairs be performed before title is transferred, the language of the Notice of Compliance Form itself – which is listed in the statuteappears to establish such a requirement.

Since a buyer would not normally be expected to make expenditures for repairs on a Used Manufactured Home the buyer does not yet own, it is likely that the seller will always be responsible for:

  • making such repairs, and
  • ensuring that the condition of the Used Manufactured Home meets code requirements prior to the sale or transfer of ownership.

Minnesota Mobile Homes Code Compliance Notice of Compliance Form Contents

The actual content of the Notice of Compliance Form is as follows (bold face type added):

“Notice of Compliance Form as required in Minnesota Statutes, section 327.32, subdivision 1

This notice must be completed and signed by the purchaser(s) and the seller(s) of the used manufactured home described in the purchase agreement and on the bottom of this notice before the parties transfer ownership of a used manufactured home constructed after June 14, 1976.

Electric ranges and clothes dryers must have required four-conductor cords and plugs. For the purpose of complying with the requirements of section 327B.06, a licensed retailer or limited retailer shall retain at least one copy of the form required under this subdivision.

Complies ……….     Correction required ……….

Initialed by Responsible Party: Buyer ……….    Seller ……….

Solid fuel-burning fireplaces or stoves must be listed for use in manufactured homes, Code of Federal Regulations, title 24, section 3280.709 (g), and installed correctly in accordance with their listing or standards (i.e., chimney, doors, hearth, combustion, or intake, etc., Code of Federal Regulations, title 24, section 3280.709 (g)).

Complies ……….     Correction required ……….

Initialed by Responsible Party: Buyer ……….    Seller ……….

Gas water heaters and furnaces must be listed for manufactured home use, Code of Federal Regulations, title 24, section 3280.709 (a) and (d)(1) and (2), and installed correctly, in accordance with their listing or standards.

Complies ……….     Correction required ……….

Initialed by Responsible Party: Buyer ……….    Seller ……….

Smoke alarms are required to be installed and operational in accordance with Code of Federal Regulations, title 24, section 3280.208.

Complies ……….     Correction required ……….

Initialed by Responsible Party: Buyer ……….    Seller ……….

Carbon monoxide alarms or CO detectors that are approved and operational are required to be installed within ten feet of each room lawfully used for sleeping purposes.

Complies ……….     Correction required ……….

Initialed by Responsible Party: Buyer ……….    Seller ……….

Egress windows are required in every bedroom with at least one operable window with a net clear opening of 20 inches wide and 24 inches high, five square feet in area, with the bottom of windows opening no more than 36 inches above the floor. Locks, latches, operating handles, tabs, or other operational devices shall not be located more than 54 inches above the finished floor.

Complies ……….     Correction required ……….

Initialed by Responsible Party: Buyer ……….    Seller ……….

The furnace compartment of the home is required to have interior finish with a flame spread rating not exceeding 25, as specified in the 1976 United States Department of Housing and Urban Development Code governing manufactured housing construction.

Complies ……….     Correction required ……….

Initialed by Responsible Party: Buyer ……….    Seller ……….

The water heater enclosure in this home is required to have interior finish with a flame spread rating not exceeding 25, as specified in the 1976 United States Department of Housing and Urban Development Code governing manufactured housing construction.

Complies ……….     Correction required ……….

Initialed by Responsible Party: Buyer ……….    Seller ……….

The home complies with the snow load and heat zone requirements for the state of Minnesota as indicated by the data plate.

Complies ……….     Correction required ……….

Initialed by Responsible Party: Buyer ……….    Seller ……….

The parties to this agreement have initialed all required sections and agree by their signature to complete any necessary corrections prior to the sale or transfer of ownership of the home described below as listed in the purchase agreement.

The state of Minnesota or a local building official has the authority to inspect the home in the manner described in Minnesota Statutes, section 327.33, prior to or after the sale to ensure compliance was properly executed as provided under the Manufactured Home Building Code.

Signature of Purchaser(s) of Home        

…………………………date…………………………  …………………………date…………………………

………………………………………………………….          ………………………………………………………….

Print name as appears on purchase agreement Print name as appears on purchase agreement

Signature of Seller(s) of Home    

…………………………date…………………………  …………………………date…………………………

………………………………………………………….          ………………………………………………………….

Print name and license number, if applicable    Print name and license number, if applicable

(Street address of home at time of sale)

(City/State/Zip)

Name of manufacturer of home

Model and year

Serial number “

Conclusion – Minnesota Mobile Homes Code Compliance

Please contact Minnesota Attorney Gary C. Dahle for assistance with:

  • Minnesota in park sale – in certain Minnesota counties,
  • the preparation of any Minnesota Manufactured Home resale purchase agreement or lease,
  • issues relating to seller financing of a Home resale, or
  • other title or security interest concerns.

Legal fees will be applicable – and advance payment may be required.

Copyright 2017 – All Rights Reserved.

Gary C. Dahle – Attorney at Law

2704 County Road 10, Mounds View, MN 55112

Phone:  763-780-8390  Fax: 763-780-1735

gary@dahlelaw.com

Legal Disclaimer

Information provided herein is only for general informational and educational purposes. Minnesota Mobile Home laws involve many complex legal issues.

If you have a specific legal problem about which you are seeking advice, please consult with a Minnesota attorney at law.

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