Nebraska
State Statutes (as of
4/18/07)
Uniform Standard Code for Manufactured Homes and Recreational
Vehicles
Contact: Nebraska Public Service Commission
Housing
and Recreational Vehicles Department
(402)
471-0518
___________________________________________________________________
Section 71-4601
Act, how cited.
Sections
71-4601 to 71-4620.01 shall be known and may be cited as the Uniform Standard
Code for Manufactured Homes and Recreational Vehicles.
Source:
Laws 1969, c. 557, ? 1, p. 2272
Laws 1975, LB 300, ? 1
Laws 1985, LB 313, ? 5
Laws 1998, LB 1073, ? 127
Section 71-4602
Uniformity in construction and use of manufactured homes and recreational
vehicles and their systems; purpose.
The
Legislature recognizes that uniformity in the manner of the body and frame
design, construction, assembly, and use of manufactured homes and recreational
vehicles and that of their systems, components, and appliances including their
plumbing, heating, and electrical systems is desirable in order that owners may
not be burdened with differing requirements and in order to promote
construction suitable for the health of the numerous persons living in
manufactured homes and recreational vehicles.
Source:
Laws 1969, c. 557, ? 2, p. 2272
Laws 1975, LB 300, ? 2
Laws 1985, LB 313, ? 6
Section 71-4603
Terms, defined.
For
purposes of the Uniform Standard Code for Manufactured Homes and Recreational
Vehicles, unless the context otherwise requires:
(1)
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 forty body
feet or more in length or when erected on site is three hundred twenty 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 in the structure, except that manufactured home
includes any structure that meets all of the requirements of this subdivision
other than the size requirements and with respect to which the manufacturer
voluntarily files a certification required by the United States Secretary of
Housing and Urban Development and complies with the standards established under
the National Manufactured Housing Construction and Safety Standards Act of
1974, as such act existed on September 1, 2001, 42 U.S.C. 5401 et seq.
Manufactured home also includes any manufactured home designed and manufactured
with more than one separate living unit for the purpose of multifamily living;
(2)
Recreational vehicle means a vehicular type unit primarily designed as
temporary living quarters for recreational, camping, or travel use, which unit
either has its own motive power or is mounted on or towed by another vehicle.
Recreational vehicle includes, but is not limited to, travel trailer, park
trailer, camping trailer, truck camper, motor home, and van conversion;
(3) Travel
trailer means a vehicular unit mounted on wheels, designed to provide temporary
living quarters for recreational, camping, or travel use of such size or weight
as not to require special highway movement permits when towed by a motorized
vehicle and of gross trailer area less than three hundred twenty square feet;
(4)
Camping trailer means a vehicular portable unit mounted on wheels and
constructed with collapsible partial side walls which fold for towing by
another vehicle and unfold at the campsite to provide temporary living quarters
for recreational, camping, or travel use;
(5) Truck
camper means a portable unit constructed to provide temporary living quarters
for recreational, travel, or camping use, consisting of a roof, floor, and
sides and designed to be loaded onto and unloaded from the bed of a pickup
truck;
(6) Motor
home means a vehicular unit primarily designed to provide temporary living
quarters which are built into an integral part of, or permanently attached to,
a self-propelled motor vehicle chassis or van, containing permanently installed
independent life-support systems that meet the state standard for recreational
vehicles and providing at least four of the following facilities: Cooking;
refrigeration or ice box; self-contained toilet; heating, air conditioning, or
both; a potable water supply system including a faucet and sink; separate
one-hundred-twenty-nominal-volt electrical power supply; or LP gas supply;
(7) Park
trailer means a vehicular unit which meets the following criteria:
(a) Built on a single chassis mounted on wheels;
(b)
Designed to provide seasonal or temporary living quarters which
may be connected to utilities necessary for operation of installed fixtures and
appliances;
(c)
Constructed to permit setup by persons without special skills using only hand
tools which may include lifting, pulling, and supporting devices; and
(d) Having
a gross trailer area not exceeding four hundred square feet when in the setup
mode;
(8) Van
conversion means a completed vehicle permanently altered cosmetically,
structurally, or both which has been recertified by the state as a multipurpose
passenger vehicle but which does not conform to or otherwise meet the
definition of a motor home in this section and which contains at least one
plumbing, heating, or one-hundred-twenty-nominal-volt electrical component
subject to the provisions of the state standard for recreational vehicles. Van
conversion does not include any such vehicle that lacks any plumbing, heating,
or one-hundred-twenty-nominal-volt electrical system but contains an extension
of the low-voltage automotive circuitry;
(9) Seal
means a device or insignia issued by the Department of Health and Human
Services Regulation and Licensure prior to May 1, 1998, or by the Public
Service Commission on or after May 1, 1998, to be displayed on the exterior of
a manufactured home or recreational vehicle to evidence compliance with state
standards. The federal manufactured-home label shall be recognized as a seal;
(10)
Dealer means a person licensed by the state pursuant to Chapter 60, article 14,
as a dealer in manufactured homes or recreational vehicles or any other person,
other than a manufacturer, who sells, offers to sell, distributes, or leases
manufactured homes or recreational vehicles primarily to persons who in good
faith purchase or lease a manufactured home or recreational vehicle for
purposes other than resale;
(11)
Distributor means any person engaged in the sale and distribution of
manufactured homes or recreational vehicles for resale;
(12)
Manufacturer means any person engaged in manufacturing, assembling, or completing
manufactured homes or recreational vehicles;
(13)
Manufactured-home construction means all activities relating to the assembly
and manufacture of a manufactured home, including, but not limited to,
activities relating to durability, quality, and safety;
(14)
Manufactured-home safety means the performance of a manufactured home in such a
manner that the public is protected against any unreasonable risk of the
occurrence of accidents due to the design or construction of such manufactured
home or any unreasonable risk of death or injury to the user or to the public
if such accidents do occur;
(15)
Defect means a failure to conform to an applicable construction standard that
renders the manufactured home or recreational vehicle or any component of the
manufactured home or recreational vehicle not fit for the ordinary use for
which it was intended but does not result in an unreasonable risk of injury or
death to occupants;
(16)
Imminent safety hazard means a hazard that presents an imminent and unreasonable
risk of death or severe personal injury;
(17)
Purchaser means the first person purchasing a manufactured home or recreational
vehicle in good faith for purposes other than resale;
(18)
Person means any individual, partnership, limited liability company, company,
corporation, or association engaged in manufacturing, selling, offering to
sell, or leasing manufactured homes or recreational vehicles;
(19)
Commission means the Public Service Commission;
(20)
Serious defect means a failure to conform to an applicable construction
standard that renders the manufactured home or recreational vehicle or any
component of the manufactured home or recreational vehicle not fit for the
ordinary use for which it was intended and which results in an unreasonable
risk of injury or death to the occupants;
(21)
Noncompliance means a failure to comply with an applicable construction
standard that does not constitute a defect, a serious defect, or an imminent
safety hazard;
(22)
Failure to conform means a defect, a serious defect, noncompliance, or an
imminent safety hazard related to the code;
(23)
Fifth-wheel trailer means a unit mounted on wheels, designed to provide
temporary living quarters for recreational, camping, or travel use, of such
size or weight as not to require a special highway movement permit, of gross
trailer area not to exceed four hundred square feet in the setup mode, and
designed to be towed by a motorized vehicle that contains a towing mechanism
that is mounted above or forward of the tow vehicle's rear axle; and
(24) Gross
trailer area means the total plan area measured on the exterior to the maximum
horizontal projections of exterior wall in the setup mode and includes all
siding, corner trims, moldings, storage spaces, expandable room sections
regardless of height, and areas enclosed by windows but does not include roof
overhangs. Storage lofts contained within the basic unit shall have ceiling
heights less than five feet and shall not constitute additional square footage.
Appurtenances, as defined in subdivision (2)(k) of
section 60-6,288, shall not be considered in calculating the gross trailer area
as provided in such subdivision.
Source:
Laws 1969, c. 557, ? 3, p. 2272
Laws 1975, LB 300, ? 3
Laws 1985, LB 313, ? 7
Laws 1993, LB 121, ? 435
Laws 1993, LB 536, ? 86
Laws 1996, LB 1044, ? 675
Laws 1998, LB 1073, ? 128
Laws 2001, LB 376, ? 6
Section 71-4604
Plumbing, heating, and electrical systems; body and frame design and construction;
installed equal to standards approved by commission; exemption.
(1) All
body and frame design and construction and all plumbing, heating, and
electrical systems installed in manufactured homes or recreational vehicles
manufactured more than four months after May 27, 1975, and before May 1, 1998,
and sold, offered for sale, or leased in this state shall comply with the
standards of the state agency responsible for regulation of manufactured homes
or recreational vehicles as such standards existed on the date of manufacture.
(2) All
body and frame design and construction and all plumbing, heating, and
electrical systems installed in manufactured homes or recreational vehicles
manufactured on or after May 1, 1998, and sold, offered for sale, or leased in
this state shall be at least equal to the standards adopted and approved by the
commission by its rules and regulations. The standards pertaining to
manufactured homes shall conform to the Manufactured Home Construction and
Safety Standards, 24 C.F.R. 3280, and the Manufactured Home Procedural and
Enforcement Regulations, 24 C.F.R. 3282, adopted by the United States
Department of Housing and Urban Development pursuant to the National
Manufactured Housing Construction and Safety Standards Act of 1974, as amended,
42 U.S.C. 5401 et seq. Manufactured homes and recreational vehicles destined
for sale outside the United States shall be exempt from such regulations if
sufficient proof of such delivery is submitted to the commission for review.
The commission may adopt standards pertaining to manufactured homes designed
and manufactured for the purpose of multifamily living, which standards shall
protect the health and safety of persons living in multifamily manufactured
homes and may include, but need not be limited to, requirements for fire
safety, thermal protection, water and fuel shutoff valves, fuel supply inlets,
circulation air systems, and electrical systems. Multifamily manufactured homes
manufactured in this state solely for purposes of sale in any other state or
jurisdiction shall be exempt from the requirements of the Uniform Standard Code
for Manufactured Homes and Recreational Vehicles. The standards pertaining to
recreational vehicles shall (a) protect the health and safety of persons living
in recreational vehicles, (b) assure reciprocity with other states that have
adopted standards which protect the health and safety of persons living in
recreational vehicles the purpose of which is to make uniform the law of those
states which adopt them, and (c) allow variations from such uniform standards
as will reduce unnecessary costs of construction or increase safety,
durability, or efficiency, including energy efficiency, of the recreational
vehicle without jeopardizing such reciprocity.
Source:
Laws 1969, c. 557, ? 4, p. 2273
Laws 1971, LB 654, ? 1
Laws 1975, LB 300, ? 4
Laws 1985, LB 313, ? 8
Laws 1993, LB 536, ? 87
Laws 1996, LB 1044, ? 676
Laws 1998, LB 1073, ? 129
Section 71-4604.01
Manufactured home or recreational vehicle; seals certifying compliance with
standards; exemption; rules and regulations; fees; Manufactured Homes and
Recreational Vehicles Cash Fund; created; investment.
(1)(a)
Every manufactured home or recreational vehicle manufactured more than four
months after May 27, 1975, and before May 1, 1998, which is sold, offered for
sale, or leased in this state shall comply with the seal requirements of the
state agency responsible for regulation of manufactured homes or recreational
vehicles as such requirements existed on the date of manufacture.
(b) Every
manufactured home or recreational vehicle manufactured on or after May 1, 1998,
which is sold, offered for sale, or leased in this state shall bear a seal issued
by the commission certifying that the body and frame design and construction
and the plumbing, heating, and electrical systems of such manufactured home or
recreational vehicle have been installed in compliance with the standards
adopted by the commission, applicable at the time of manufacture. Manufactured
homes destined for sale outside the United States shall be exempt from
displaying the seal issued by the state if sufficient proof of such delivery is
submitted to the commission for review. Recreational vehicles destined for sale
or lease outside this state or the United States shall be exempt from
displaying the seal issued by the state if sufficient proof of such delivery is
submitted to the commission for review. The commission shall issue the recreational-vehicle
seal upon an inspection of the plans and specifications for the recreational
vehicle or upon an actual inspection of the recreational vehicle during or
after construction if the recreational vehicle is in compliance with state
standards. The commission shall issue the manufactured-home seal in accordance
with the National Manufactured Housing Construction and Safety Standards Act of
1974, 42 U.S.C. 5401 et seq., as such act existed on
January 1, 2005. Each seal issued by the state shall remain the property of the
commission and may be revoked by the commission in the event of a violation of
the conditions of issuance.
(2) The
commission shall charge a fee of not less than ten dollars nor
more than fifty dollars, as determined annually by the commission after
published notice and a hearing, for seals issued by the commission. A seal
shall be placed on each living unit within a multifamily manufactured home, and
the seal fee assessed for each living unit shall be one-half of the seal fee
for a single-family manufactured home. Inspection fees shall be paid for all
inspections by the commission of manufacturing plants located outside of the
State of Nebraska. Such fees shall consist of a reimbursement by the
manufacturer of actual travel, personnel, and inspection expenses only and
shall be paid prior to any issuance of seals.
(3) The
commission shall adopt and promulgate rules and regulations governing the
submission of plans and specifications of manufactured homes and recreational
vehicles. A person who submits recreational-vehicle plans and specifications to
the commission for review and approval shall be charged for engineering
services of the commission provided for performing the review of the plans and
specifications and related functions at a rate of not less than fifteen dollars
per hour nor more than fifty dollars per hour as determined annually by the
commission after published notice and hearing based on the number of hours of
review time as follows:
(a) New model,
one hour;
(b)
Quality control manual, two hours;
(c) Typicals, one-half hour;
(d)
Revisions, three-fourths hour;
(e)
Engineering calculations, three-fourths hour;
(f)
Initial package, fifteen hours; and
(g) Yearly
renewal, two hours plus the three-fourths hour for revisions.
(4) The
commission shall charge each manufacturer a fee of seventy-five dollars for
each inspection of any new recreational vehicle manufactured by such
manufacturer and not bearing a seal issued by the State of Nebraska or some reciprocal
state.
(5) All
fees collected pursuant to the Uniform Standard Code for Manufactured Homes and
Recreational Vehicles shall be remitted to the State Treasurer for credit to
the Manufactured Homes and Recreational Vehicles Cash Fund which is hereby created.
Money credited to the fund pursuant to this section shall be used by the
commission for the purpose of administering the code. Any money in the
Manufactured Homes and Recreational Vehicles Cash Fund available for investment
shall be invested by the state investment officer pursuant to the Nebraska
Capital Expansion Act and the Nebraska State Funds Investment Act.
Source:
Laws 1975, LB 300, ? 5
Laws 1983, LB 617, ? 24
Laws 1985, LB 313, ? 9
Laws 1991, LB 703, ? 50
Laws 1993, LB 536, ? 88
Laws 1996, LB 1044, ? 677
Laws 1996, LB 1155, ? 33
Laws 1998, LB 1073, ? 130
Laws 2003, LB 241, ? 2
Laws 2005, LB 319, ? 1
Cross References:
Nebraska Capital Expansion Act,see section 72-1269.
Nebraska State Funds Investment Act,see
section 72-1260.
~Revised Statutes Cumulative
Supplement, 2006
Section 71-4605
Standards; compliance prior to sale, offer for sale, or lease.
Except as
provided in section 71-4606, no dealer shall sell, offer for sale, or lease in
this state any new or used manufactured home or recreational vehicle
manufactured more than four months after May 27, 1975, unless such manufactured
home or recreational vehicle meets or exceeds the standards with respect to
body and frame design and construction and plumbing, heating, and electrical
systems established under the Uniform Standard Code for Manufactured Homes and
Recreational Vehicles.
Source:
Laws 1969, c. 557, ? 5, p. 2273
Laws 1971, LB 654, ? 2
Laws 1975, LB 300, ? 6
Laws 1985, LB 313, ? 10
Section 71-4606
Standards; exception; reciprocity with other states; effect; seal of state
on reciprocity list; federal manufactured-home label; validity; restrictions on
sale.
If any
other state has plumbing, heating, electrical, or body and frame design and
construction codes for recreational vehicles at least equal to those
established under the Uniform Standard Code for Manufactured Homes and
Recreational Vehicles, the commission, upon determining that such standards are
being enforced by such other state, shall place such other state on a
reciprocity list, which list shall be available to any interested person. Any
recreational vehicle which bears the seal of any state which has been placed on
the reciprocity list shall not be required to bear the seal issued by this
state. A manufactured home manufactured more than four months after May 27,
1975, which does not bear the federal manufactured-home label issued by this
state or by a state which has been placed on the reciprocity list shall not be
permitted to be manufactured, offered for sale, sold, or leased by a
manufacturer, dealer, or any other person anywhere within this state nor
delivered from this state into any other state or jurisdiction unless destined
for sale outside the United States. A recreational vehicle manufactured in this
state, which is offered for sale, sold, or leased by a manufacturer, dealer, or
other person anywhere outside this state, shall not be required to bear the
seal issued by this state. If a recreational vehicle has a certificate of title
or other certification from a state on the reciprocity list, a dealer may sell
it unless he or she has actual knowledge that the recreational vehicle does not
meet the standards of the state which has issued a certificate of title or
other certification for it, so long as it bears the seal issued by this state
or a state on the reciprocity list. No dealer or distributor shall sell a
manufactured home or recreational vehicle if it contains a defect, a serious
defect, or an imminent safety hazard.
Source:
Laws 1969, c. 557, ? 6, p. 2273
Laws 1971, LB 654, ? 3
Laws 1975, LB 300, ? 7
Laws 1985, LB 313, ? 11
Laws 1993, LB 536, ? 89
Laws 1996, LB 1155, ? 34
Laws 1998, LB 1073, ? 131
Section 71-4607
Repealed. Laws 1985, LB 313, s. 31.
Section 71-4608
Violations; penalties.
(1) Any
person who is in violation of any provision of the Uniform Standard Code for
Manufactured Homes and Recreational Vehicles regarding a used manufactured home
or new or used multifamily manufactured home or recreational vehicle or who
manufactures unless destined for sale outside the United States, sells, offers
for sale, or leases in this state any used manufactured home or new or used
multifamily manufactured home or recreational vehicle manufactured more than
four months after May 27, 1975, which does not bear the federal
manufactured-home label or the recreational-vehicle seal issued by this state
or by a state which has been placed on the reciprocity list as required by the
code shall be guilty of a Class I misdemeanor. Nothing in the Uniform Standard
Code for Manufactured Homes and Recreational Vehicles shall be construed to
require a seal for any recreational vehicle manufactured in this state which is
sold or leased outside this state.
(2) No
person shall:
(a)
Manufacture for sale, lease, sell, offer for sale or lease, or introduce,
deliver, or import into this state any manufactured home or recreational
vehicle which is manufactured on or after the effective date of any applicable
standard of the commission which does not comply with such standard;
(b) Fail
or refuse to permit access to or copying of records, fail to make reports or
provide information, or fail or refuse to permit entry or inspection as
provided in section 71-4610;
(c) Fail
to furnish notification to the purchaser of any manufactured home of any defect
as required by 42 U.S.C. 5414 or to the purchaser of any recreational vehicle
as provided in section 71-4616;
(d) Fail
to issue a certification required by 42 U.S.C. 5415 or issue a certification to
the effect that a manufactured home conforms to all applicable Manufactured
Home Construction and Safety Standards, 24 C.F.R. 3280, if such person in the
exercise of due care has reason to know that such certification is false or
misleading in a material respect;
(e) Fail
to establish and maintain such records, make such reports, and provide such
information as the commission may reasonably require to enable it to determine
whether there is compliance with the National Manufactured Housing Construction
and Safety Standards Act of 1974, as amended, 42 U.S.C. 5401 et seq., or the
standards adopted by the commission for recreational-vehicle construction or
fail to permit, upon request of a person duly authorized by the commission,
inspection of appropriate books, papers, records, and documents relative to
determining whether a manufacturer, distributor, or dealer has acted or is
acting in compliance with the Uniform Standard Code for Manufactured Homes and
Recreational Vehicles or with the National Manufactured Housing Construction
and Safety Standards Act of 1974, as amended, 42 U.S.C. 5401 et seq.; or
(f) Issue
a certification pursuant to 42 U.S.C. 5403(a) if such person in the exercise of
due care has reason to know that such certification is false or misleading in a
material respect.
(3)
Subdivision (2)(a) of this section shall not apply to the sale or the offer for
sale of any manufactured home or recreational vehicle after the first purchase
of it in good faith for purposes other than resale.
(4)
Subdivision (2)(a) of this section shall not apply to any person who
establishes that he or she did not have reason to know in the exercise of due
care that such manufactured home or recreational vehicle was not in conformity
with applicable Manufactured Home Construction and Safety Standards, 24 C.F.R.
3280, or the standards adopted by the commission for recreational-vehicle
construction or any person who, prior to such first purchase, holds a
certificate by the manufacturer or importer of such manufactured home or
recreational vehicle to the effect that such manufactured home conforms to all
applicable Manufactured Home Construction and Safety Standards, 24 C.F.R. 3280,
or that such recreational vehicle conforms to the standards adopted by the
commission for recreational-vehicle construction unless such person knows that
such manufactured home or recreational vehicle does not so conform.
(5) Any
person or officer, director, or agent of a corporation who willfully or
knowingly violates subsection (2) of this section in any manner which threatens
the health or safety of any purchaser shall be guilty of a Class I misdemeanor.
Source:
Laws 1969, c. 557, ? 8, p. 2274
Laws 1975, LB 300, ? 20
Laws 1977, LB 39, ? 176
Laws 1985, LB 313, ? 12
Laws 1993, LB 536, ? 90
Laws 1996, LB 1155, ? 35
Laws 1998, LB 1073, ? 132
Laws 2005, LB 319, ? 2
~Revised Statutes Cumulative
Supplement, 2006
Section 71-4609
Commission; duties; rules and regulations; refusal to issue seal; grounds;
hearing; appeal; commission; powers; disciplinary actions; fee.
(1) The
commission shall administer the Uniform Standard Code for Manufactured Homes
and Recreational Vehicles. The commission may adopt and promulgate, amend, alter,
or repeal general rules and regulations of procedure for (a) administering the
provisions of the code, (b) issuing seals, (c) obtaining statistical data
respecting the manufacture and sale of manufactured homes and recreational
vehicles, and (d) prescribing means, methods, and practices to make effective
such provisions.
(2) The
commission shall refuse to issue a seal to any manufacturer or other person for
any manufactured home or recreational vehicle found to be not in compliance
with its standards governing body and frame design and construction or
plumbing, heating, or electrical systems for manufactured homes or recreational
vehicles or for which fees have not been paid. Except in case of failure to pay
the required fees, any such manufacturer or other person may request a hearing
before the commission on the issue of such refusal. Procedures for notice and
opportunity for a hearing before the commission shall be pursuant to the
Administrative Procedure Act. The refusal by the commission may be appealed,
and the appeal shall be in accordance with the act.
(3) The
issuance of seals may be suspended or revoked as to any manufacturer or other
person who has not complied with any provision of the code or with any rule,
regulation, or standard adopted and promulgated under the code or who is
convicted of violating section 71-4608, and issuance of the seals shall not be
resumed until such manufacturer or other person submits sufficient proof that
the conditions which caused the lack of compliance or the violation have been
remedied. Any manufacturer or other person may request a hearing before the
commission on the issue of such suspension or revocation. Procedures for notice
and opportunity for a hearing before the commission shall be pursuant to the
Administrative Procedure Act. The suspension or revocation by the commission
may be appealed, and the appeal shall be in accordance with the act.
(4) The
commission may conduct hearings and presentations of views consistent with the
regulations adopted by the United States Department of Housing and Urban
Development and adopt and promulgate such rules and regulations as are
necessary to carry out this function.
(5) The
commission shall establish a monitoring inspection fee in an amount approved by
the United States Secretary of Housing and Urban Development, which fee shall
be an amount paid to the commission by the manufacturer for each
manufactured-home seal issued in the state. An additional monitoring inspection
fee established by the United States Secretary of Housing and Urban Development
shall be paid by the manufacturer to the secretary who shall distribute the
fees collected from all manufactured-home manufacturers based on provisions
developed and approved by the secretary.
Source:
Laws 1969, c. 557, ? 9, p. 2274
Laws 1975, LB 300, ? 21
Laws 1981, LB 545, ? 25
Laws 1985, LB 313, ? 13
Laws 1988, LB 352, ? 134
Laws 1993, LB 536, ? 91
Laws 1998, LB 1073, ? 133
Laws 2002, LB 93, ? 16
Cross References:
Administrative Procedure Act,see section 84-920.
Section 71-4610
Commission; inspections and investigations; purpose; notice of
noncompliance.
(1) The
commission may conduct inspections and investigations as may be necessary to
enforce the standards adopted under the Uniform Standard Code for Manufactured
Homes and Recreational Vehicles or to carry out its duties pursuant to the
code. The commission shall furnish the appropriate state and county officials
any information obtained indicating noncompliance with such standards for
appropriate action.
(2) For
purposes of enforcement of the code and the rules, regulations, and standards
adopted and promulgated by the commission pursuant to the code, persons duly
designated by the commission, upon presenting appropriate credentials to the
owner, operator, or agent in charge, may:
(a) Enter,
at reasonable times and without advance notice, any factory, warehouse, or
other establishment or place in which manufactured homes or recreational
vehicles are manufactured, stored, offered for sale, or held for lease or sale;
and
(b)
Inspect, at reasonable times and within reasonable limits and in a reasonable
manner, any such factory, warehouse, or other establishment or place and inspect
such books, papers, records, and documents as are set forth in section 71-4611.
Each such inspection shall be commenced and completed with reasonable
promptness.
Source:
Laws 1975, LB 300, ? 9
Laws 1985, LB 313, ? 14
Laws 1993, LB 536, ? 92
Laws 1998, LB 1073, ? 134
Section 71-4611
Commission; powers and duties.
For
purposes of carrying out the Uniform Standard Code for Manufactured Homes and
Recreational Vehicles, the commission may:
(1) Hold
such hearings, take such testimony, act at such times and places, administer
such oaths, and require, by subpoena or otherwise, the attendance and testimony
of such witnesses and the production of such books, papers, correspondence, memoranda,
contracts, agreements, or other records as the commission deems advisable.
Witnesses summoned pursuant to this section shall be paid the same fees as are
paid witnesses in the district courts of the state and mileage as provided in
section 81-1176;
(2)
Examine and copy any documentary evidence of any person having materials or
information relevant to any function of the commission under the code;
(3)
Require, by general or special orders, any person to file, in such form as the
commission may prescribe, reports or answers in writing to specific questions
relating to any function of the commission under the code. Such reports and
answers shall be made under oath or otherwise and shall be filed with the
commission within such reasonable period as the commission may prescribe; and
(4) Make
available to the public any information which may indicate the existence of a
failure to comply which relates to manufactured-home or recreational-vehicle
construction or safety or of the failure of a manufactured home or recreational
vehicle to comply with applicable standards. The commission shall disclose so
much of other information obtained under this subdivision to the public as it
determines will assist in carrying out the code, but it shall not under the
authority of this subdivision make available or disclose to the public any
information which contains or relates to a trade secret or any information the
disclosure of which would put the person furnishing such information at a
substantial competitive disadvantage, unless the commission determines that it
is necessary to carry out the purposes of the code.
Source:
Laws 1975, LB 300, ? 10
Laws 1981, LB 204, ? 129
Laws 1985, LB 313, ? 15
Laws 1993, LB 536, ? 93
Laws 1998, LB 1073, ? 135
Section 71-4612
District court; enforcement.
Any
district court of this state in which any action is instituted in the case of
any willful or negligent refusal to obey a subpoena or order of the commission
issued pursuant to section 71-4611, may issue an order requiring compliance
therewith. Any person who fails to obey such order of the court shall be guilty
of contempt of court and may be punished by such court accordingly.
Source:
Laws 1975, LB 300, ? 11
Laws 1998, LB 1073, ? 136
Section 71-4613
Manufacturer of manufactured homes; duties.
Each
manufacturer of manufactured homes which selects the commission to perform plan
review shall:
(1)
Submit, in accordance with regulations and standards adopted by the United
States Secretary of Housing and Urban Development, the building plans for every
model of its manufactured homes to the commission for the purpose of inspection.
The manufacturer shall certify that each building plan meets the standards in
force at that time before the respective model is produced;
(2)
Establish and maintain records, make reports, and provide information as the
commission may reasonably require to enable it to determine whether such
manufacturer or any distributor or dealer has acted or is acting in compliance
with the Uniform Standard Code for Manufactured Homes and Recreational Vehicles
and standards adopted pursuant thereto;
(3) Upon request
of a person duly designated by the commission, permit such person to inspect
appropriate books, papers, records, and documents relevant to determining
whether such manufacturer or any distributor or dealer has acted or is acting
in compliance with the code and standards adopted pursuant to the code; and
(4)
Provide to the commission all performance data and other technical data related
to performance and safety as may be required by the commission to carry out the
purposes of the code. Such data shall include records of tests and test results
which the commission may require to be performed.
Source:
Laws 1975, LB 300, ? 12
Laws 1985, LB 313, ? 16
Laws 1993, LB 536, ? 94
Laws 1998, LB 1073, ? 137
Section 71-4614
Commission; require manufacturer to supply information to purchaser; manner.
The
commission may require the manufacturer to give notification of performance and
technical data to:
(1) Each
prospective purchaser before the first sale for purposes other than resale at
each location where any such manufacturer's manufactured homes or recreational
vehicles are offered for sale by a person with whom such manufacturer has a
contractual, proprietary, or other legal relationship and in a manner
determined by the commission to be appropriate, which notification may include,
but need not be limited to, printed matter that is both available for retention
by such prospective purchaser and sent by mail to such prospective purchaser
upon his or her request; and
(2) The
first person who purchases a manufactured home or recreational vehicle for
purposes other than resale, at the time of such purchase or in printed matter
placed in the manufactured home or recreational vehicle.
Source:
Laws 1975, LB 300, ? 13
Laws 1985, LB 313, ? 17
Laws 1993, LB 536, ? 95
Laws 1998, LB 1073, ? 138
Section 71-4615
Trade secret information; confidential; exceptions.
All information
reported to or otherwise obtained by the commission or its duly authorized
representatives pursuant to the Uniform Standard Code for Manufactured Homes
and Recreational Vehicles which contains or relates to a trade secret, or
which, if disclosed, would put the person furnishing such information at a
substantial competitive disadvantage, shall be considered confidential, except
that such information may be disclosed to other officers or employees concerned
with carrying out the code or, when relevant, in any proceeding under the code.
Source:
Laws 1975, LB 300, ? 14
Laws 1985, LB 313, ? 18
Laws 1998, LB 1073, ? 139
Section 71-4616
Manufacturer; notification of failure to conform; method; contents.
(1) Every
manufacturer shall furnish notification of any failure to conform in any
manufactured home or recreational vehicle produced by such manufacturer which
the manufacturer determines, in good faith, violates a standard adopted by the
commission or which constitutes an imminent safety hazard or serious defect in
a single manufactured home or recreational vehicle or noncompliance determined
to be in a class of manufactured homes or recreational vehicles to the
purchaser of such manufactured home or recreational vehicle, within a
reasonable time after such manufacturer has discovered the failure to conform.
(2) The
notification required by this section shall be accomplished:
(a) By
certified mail to the first purchaser, not including any dealer or distributor
of such manufacturer, of the manufactured home or recreational vehicle
containing the failure to conform and to any subsequent purchaser to whom any
warranty on such manufactured home or recreational vehicle has been
transferred;
(b) By
certified mail to any other person who is a registered owner of such
manufactured home or recreational vehicle and whose name and address has been ascertained
pursuant to procedures established under section 71-4619; and
(c) By
certified mail or other more expeditious means to the dealer or dealers of such
manufacturer to whom such manufactured home or
recreational vehicle was delivered.
(3) The
notification required by subsection (1) of this section shall contain a clear
description of such failure to conform, an evaluation of the risk to occupant
safety reasonably related to such failure to conform, and a statement of the
measures needed to repair the failure to conform. The notification shall also
inform the owner whether the failure to conform is a construction or safety
failure to conform which the manufacturer will have corrected at no cost to the
owner of the manufactured home or recreational vehicle or a failure to conform
which must be corrected at the expense of the owner.
Source:
Laws 1975, LB 300, ? 15
Laws 1985, LB 313, ? 19
Laws 1993, LB 536, ? 96
Laws 1998, LB 1073, ? 140
Section 71-4617
Manufacturer; furnish commission with
information regarding hazards, defects, and noncompliance; disclosure to
public; limitation; exception.
Every
manufacturer shall furnish to the commission a true or representative copy of all
notices, bulletins, and other communications sent to the dealers of the
manufacturer or to purchasers of manufactured homes or recreational vehicles of
the manufacturer regarding any imminent safety hazard or serious defect in a
single manufactured home or recreational vehicle or a noncompliance determined
to be in a class of manufactured homes or recreational vehicles produced by the
manufacturer. The commission shall disclose to the public so much of the
information contained in such notices or other information obtained pursuant to
the Uniform Standard Code for Manufactured Homes and Recreational Vehicles as
it deems will assist in carrying out the purposes of the code, but it shall not
disclose any information which contains or relates to a trade secret or which,
if disclosed, would put the manufacturer at a substantial competitive
disadvantage, unless the commission determines that such disclosure is
necessary to carry out the purposes of the code.
Source:
Laws 1975, LB 300, ? 16
Laws 1985, LB 313, ? 20
Laws 1993, LB 536, ? 97
Laws 1998, LB 1073, ? 141
Section 71-4618
Commission; notice to manufacturers concerning nonconformance; opportunity
for evidence; determination by commission; effect.
(1) If the commission determines that any manufactured home or recreational vehicle (a) does not comply with an applicable standard adopted by the commission or (b) contains a failure to conform which constitutes an imminent safety hazard or serious defect in a single manufactured home or recreational vehicle or a noncompliance determined to be in a class of manufactured homes or recreational vehicles, it shall immediately notify the manufacturer of such failure to conform. The notice shall contain the findings of the commission and shall include al