Manufactured home modeling repairs and alterations

Manufactured Structures Memorandum

To:

Doug Nord, Charlie Durenberger, Jerry Norman, Mike Godfrey, Randy Ellingboe, Jim Peterson, John Schultz, Steve Hernick, Manufactures Structures staff

From:

Scott McLellan, Assistant Director
Plan Review & Regional Services

Date:

October 5, 2007

Subject:

Manufactured Home: Remodeling, Repairs, and Alterations

Current Minnesota law leaves areas of confusion regarding which license type is required or allowed to install, repair, and alter manufactured homes. Here are the relevant sections of statute and rules that we look at when making determinations in this area:

Definitions:
Minnesota Statute (MS) 327.31 subdivision 11, defines "Manufactured Home Installer" as "any person, firm, corporation that installs or repairs a manufactured home for others at the site of occupancy."

MS 326.83 subdivision 15, defines "Residential building contractor" as "a person in the business of building residential real estate, or contracting or offering to contract with an owner to build residential real estate, by providing two or more special skills. A residential building contractor may also contract or offer to contract with an owner to improve existing residential real estate."

MS 326.83 subdivision 16, defines "Residential remodeler" as "a person in the business of contracting or offering to contract with an owner to improve existing residential real estate by providing two or more skills."

MS 326.83 subdivision 17, defines "Residential real estate" as "a new or existing building constructed for habitation by one to four families, and includes detached garages." CCLD has taken the position that a manufactured home does meet the definition of residential real estate.

MS 326.83 subdivision 18, defines "Roofer" as "a person in the business of contracting, or offering to contract with an owner, to complete work on residential real estate in roof coverings, roof sheathing, roof weatherproofing and insulation, and repair of roof systems, but not construction of new roofs."

Minnesota State Building Code (MSBC) 1350.3800 states that alterations to manufactured homes shall void the original construction certificate label. Replacement of equipment in kind, or repairs with approved components or parts, or adjustment of and maintenance of equipment to manufactured homes are not alterations. Alterations if approved and inspected may be completed on a manufactured home.

MSBC 1300.0700 subpart 14, defines manufactured home as to the meaning in MS 327.31 and states for the purpose of occupancy separation that manufactured homes are to be considered as Group IRC-1 occupancy.

Clarifications:
The goal of the state laws for licensing of installers, contractors, remodelers, and roofers is to protect the consumer public. Our licensing programs provide consumer protection by requiring all licensees to carry liability insurance, in addition to the bond requirement for licensed installers and roofers, and the Contractor's Recovery Fund, which is supported by fees from licensed building contractors and remodelers. In connection with work performed on manufactured homes, consumers are protected regardless of whether the work is performed by a licensed installer, licensed building contractor, licensed remodeler, or licensed roofer. The main distinction among the protection provided by the different license types is that installers carry only a $2,500 bond, roofers a $5,000 bond (to increase to $15,000 on December 1, 2007), while the Recovery Fund can pay up to $75,000 (to increase to $150,000 on December 1, 2007) on behalf of licensed building contractors and remodelers.

CCLD staff will respond to questions concerning construction alteration, remodeling, or roofing on manufactured homes in the following manner:

1.	Alterations to manufactured homes must be reviewed and approved by the authority having jurisdiction prior to alteration work commencing. Permits and inspections must be obtained for all alterations to manufactured homes. Alterations are to be reviewed, inspected, and completed to the manufactured home in compliance with Code of Federal Regulations (CFR) 3280 construction standards.
	a.	Alterations may be completed by a licensed installer, licensed residential remodeler or licensed residential building contractor.
	b.	A licensed roofer may only perform alterations to the roof of a manufactured home.

2.	Manufactured home repairs with materials and equipment in like kind may be completed by licensed installers, licensed residential remodelers, or licensed residential building contractors with the following exceptions:
	a.	In the case of mechanical equipment, the installer is required to be approved by the equipment manufacturer to change out items such as furnaces or furnace equipment.
	b.	Electrical equipment repairs or alterations must be completed by MN licensed electrical contractors or their employees.
	c.	Plumbing replacement equipment (water heaters, water softener systems, etc.) shall be completed by licensed plumbing contractors or their employees.
	d.	If the manufactured home is under warranty (MS 327B.02 & .03), repairs to construction, mechanical, plumbing, and electrical systems may be completed by manufacturers (employees of the manufacturer) service personnel who possess proper Minnesota licenses.