reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 535 - ALABAMA MANUFACTURED HOUSING COMMISSION › Chapter 535-X-10 - RESALE OF MANUFACTURED HOMES › Section 535-X-10-.08 - Penalties

Current through Register Vol. 42, No. 9, June 28, 2024
A person who violates any of the provisions of this rule shall
						be guilty of a misdemeanor, punishable by a fine not to exceed $1000.00 or by
						imprisonment for 30 days or both. A separate violation shall be deemed to have
						occurred with respect to each home involved.
Author:
Harold A. Hendrix
Emergency rules
							535-X-10-.01 -.01
							"Purpose,"535-X-10-.02 -.02
							"Standards Requirements,"535-X-10-.03 -.03
							"Certification Requirements,"535-X-10-.04 -.04 "Inspection,"535-X-10-.05 -.05 "Penalties" filed February 27, 1987. Emergency amendment of above listed
							emergency rules filed March 6, 1987. Emergency amendment of above listed
							emergency rules filed April 7, 1987.
Statutory Authority:
Code of Ala.
							1975
, §§
										24-5-1 -
							24-5-14,
							24-5-30 -
							24-5-34,
							24-6-1 -
							24-6-4.
Alabama Administrative Code › Title 535 - ALABAMA MANUFACTURED HOUSING COMMISSION › Chapter 535-X-11 - REGULATIONS FOR MANUFACTURED BUILDINGS › Section 535-X-11-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The provisions
					of these rules and regulations are adopted for the implementation of Act No.
					81-706 of the 1981 Regular Legislative Session and are intended to provide
					uniform standards for the construction of manufactured buildings.
(2) Rules and regulations provided herein are
					applicable to all manufactured buildings as defined herein and any other type
					of prefabricated building which is wholly or in substantial part manufactured
					at a manufacturing facility or site.
(3) Mobile homes as defined by the United
					States Department of Housing and Urban Development are specifically excluded
					from the provisions of these rules and regulations.
(4) Pre-engineered metal buildings as defined
					herein are excluded from these rules and regulations.
Author:
Harold A. Hendrix
Statutory Authority:
Code of Ala.
							1975
, §§
										24-4A-3,
							24-6-4.
Alabama Administrative Code › Title 535 - ALABAMA MANUFACTURED HOUSING COMMISSION › Chapter 535-X-11 - REGULATIONS FOR MANUFACTURED BUILDINGS › Section 535-X-11-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) As used in this
					regulation the Commission hereby adopts and incorporates by reference thereto
					the definitions in
Code of Ala. 1975
, §
								24-4A-2(1) -(19).
(2) In addition, the
					following terms shall have the meaning ascribed to them by this section:
(a) Commission - The Alabama Manufactured
					Housing Commission or its delegate.
(b) Modular Manufacturer - Any person who
					manufactures manufactured buildings and shall include the manufacturer, factory
					branch, or factory representative.
(c) Modular Retailer - Any person other than
					a modular manufacturer, as defined in this section, who is duly licensed to
					sell or lease manufactured buildings.
(d) Park Model - A recreational park trailer,
					built on a single chassis, and having a gross trailer area of 400 square feet
					or less in the set-up mode when measurements are taken on the exterior of the
					trailer. The square footage includes all the siding, corner trim, molding,
					storage space, and area enclosed by windows, but not the roofing overhang. A
					park model is not a permanent dwelling. It is temporary living quarters for
					recreational, camping, travel, or seasonal use.
(e) Installation Site - The location where
					the manufactured building is installed after it has been purchased and/or
					leased by a consumer from the retailer.
(f) Modular Installer - A person certified by
					the Commission to install a manufactured building.
(g) Pre-Engineered Metal Building - A small
					metal building used for residential storage of open construction without
					insulation, electrical, plumbing, heating or utility service lines.
Alabama Administrative Code › Title 535 - ALABAMA MANUFACTURED HOUSING COMMISSION › Chapter 535-X-11 - REGULATIONS FOR MANUFACTURED BUILDINGS › Section 535-X-11-.03 - Code Adoption

Current through Register Vol. 42, No. 9, June 28, 2024
In order to provide uniformity in the construction of
						manufactured buildings, the Commission will adopt building codes as established
						by the Alabama Energy and Residential Codes Board according to the
Code of Ala. 1975
, §
								41-23-80.
(a) Building Code - The design and
					fabrication of a manufactured building shall comply with the International
					Building Code.
(b) Electrical Codes
					- The design, fabrication, and installation of electrical systems and equipment
					in or on manufactured buildings shall comply with the National Electrical
					Code.
(c) Gas Codes - The design,
					fabrication, and installation of gas piping systems and equipment in or on
					manufactured buildings shall comply with the International Fuel Gas Code.
					Systems and equipment of L. P. Gas shall comply with Act No. 220, Alabama
					Legislature (Regular Session 1965), as amended by Act No. 435 (Regular Session
					1979). Where reference is made to the administrative authority in the
					International Fuel Gas Code, it shall mean the principal officer of an approved
					agency or designated personnel of the department.
(d) Plumbing Code - The design, fabrication,
					and installation of plumbing systems in or on manufactured buildings shall
					comply with the International Plumbing Code.
(e) Mechanical Code - The design,
					fabrication, and installation of mechanical systems and equipment in or on
					manufactured buildings shall comply with the International Mechanical
					Code.
(f) The International Fire
					Code, the International Residential Code, the International Energy Conservation
					Code, the ANSI/ASHRAE/IESNA Standard 90.1-Energy Standard, the Americans with
					Disabilities Act (ADA) Standards for Accessible Design, FEMA 320, 361 and the
					ICC/NSSA Standard for the Design and Construction of Storm Shelters are also
					applicable.
(g) Section R313 of the
					International Residential Code or any other requirement for residential fire
					sprinkler systems in one-family or two-family dwellings are excluded from all
					of the above codes by Act No. 2010-185 of the
Code of Ala.
					1975
.
Author:
Jim Sloan
Statutory Authority:
Code of Ala.
							1975
, §§
										24-4A-3,
							24-6-4.
Alabama Administrative Code › Title 535 - ALABAMA MANUFACTURED HOUSING COMMISSION › Chapter 535-X-11 - REGULATIONS FOR MANUFACTURED BUILDINGS › Section 535-X-11-.04 - Administration

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Commission
					shall enforce the rules and regulations adopted pursuant hereto and may
					delegate enforcement authority to a local government provided the local
					government's inspection requirements conform with the requirements of the
					Commission.
(2) The Commission may
					issue insignias of compliance for manufactured buildings of another state
					provided that the standards for manufactured buildings of another state by
					statute or rule are reasonably consistent with and at least equal to standards
					adopted by the Commission.
(3) The
					Commission may obtain injunctive relief from the proper circuit court to enjoin
					the sale, delivery, or installation of any manufactured building upon an
					affidavit specifying the manner in which the building does not conform to the
					requirements of this act or rules issued pursuant thereto.
(4) The Commission shall issue an insignia of
					compliance to all manufactured buildings, equipment, components, custom-built
					units, and systems that have been manufactured or products to be manufactured
					or installed; provided the plans have been reviewed by the Commission or
					inspected by an approved agency delegated by the Commission and are found to be
					in compliance with the rules and regulations adopted pursuant hereto.
(5) Any modular manufacturer or modular
					retailer (dealer) within or without this state shall apply for a license to
					sell or lease manufactured buildings in this state. The license fee and bonding
					and insurance requirements will be at the same rate and basis as pertains to
					manufactured home (mobile home) licensees. If the licensee also manufactures
					and/or sells manufactured homes, there will be no additional requirement for
					bonding and insurance.
Authors:
Harold A. Hendrix, Jim
						Sloan
Statutory Authority:
Code of Ala.
							1975
, §§
										24-4A-3,
							24-6-4.
Alabama Administrative Code › Title 535 - ALABAMA MANUFACTURED HOUSING COMMISSION › Chapter 535-X-11 - REGULATIONS FOR MANUFACTURED BUILDINGS › Section 535-X-11-.06 - Quality Control Procedures And Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All manufacturers must submit a quality
					control manual to the Commission. The manufacturer shall designate an officer
					within the organization to be responsible for maintaining records to
					substantiate that each manufactured building has been inspected according to
					the control procedures set out in the manual, and that each unit is in
					compliance with the plans submitted to the Commission.
(2) The quality control manual must be
					submitted in duplicate and shall include in addition to the requirements of
					paragraph (1) of this rule the following:
(a)
					An index.
(b) The name of the
					company or corporate officer of the manufacturer to be responsible for the
					quality control program.
(c)
					Procedures for maintaining a record system indicating the type and date of
					inspections performed on each unit, accompanied by copies of forms to be
					used.
(d) The place and method of
					storage of materials and components, indicating the degree of protection from
					weather and capacity to control such factors as temperature and humidity where
					required to prevent deterioration of materials.
(e) A general outline and/or scheme
					indicating the sequence of the manufacturing and assembly process, indicating
					the sequence, type, and frequency of quality control procedures to be
					instituted, and the type and frequency of those inspections to be performed by
					the manufacturer.
(f) Sufficient
					information to substantiate the performance of prefabricated structural
					components and assemblages. If the components are not approved by a recognized
					listing organization, the following should be submitted:
1. A report on required tests performed by an
					approved quality assurance agency.
2. Complete details of the components and
					their incorporation in the building.
3. Verification of approved quality control
					during fabrication of the test specimens and during factory production of the
					components. Approval by a listing organization does not guarantee that some or
					all of the above information will not be required.
(g) Method of storage of completed
					units.
(h) Method of and manner of
					transporting units to storage area and installation site and also the method of
					placing units on site. The following calculations must be included:
1. Calculations or tests to show that the
					unit will perform under transportation stresses.
2. Show in sketch form proven methods of
					placing units on site. These designs should include lift point designation(s),
					jacking stresses, etc.
Alabama Administrative Code › Title 535 - ALABAMA MANUFACTURED HOUSING COMMISSION › Chapter 535-X-11 - REGULATIONS FOR MANUFACTURED BUILDINGS › Section 535-X-11-.08 - Plumbing Plan And Drawing Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
The plumbing plans submitted pursuant to Rule
						535-X-11-.07 of this chapter must:
(a) Provide plan
					and riser diagram of the plumbing layout showing size of piping, fittings,
					traps and vents, cleanouts and valves, etc., for gas, water, drainage, waste,
					and vent systems.
(b) Indicate
					plumbing materials to be used and approvals, as well as for fired appliances
					and equipment. Show make, model, rating/capacity.
(c) Indicate make and model of safety
					controls and their location, such as for water heaters, etc.
(d) Indicate how piping is to be supported
					and intervals of support.
(e)
					Indicate how piping, valves, and risers are to be supported such as by backing,
					as necessary.
(f) Show location of
					flues and vents above roofs and required clearances, such as from air intakes,
					and other vents and flues, etc.
(g)
					Indicate method of testing.
Author:
Harold A. Hendrix
Statutory Authority:
Code of Ala.
							1975
, §§
										24-4A-3,
							24-6-4.
Alabama Administrative Code › Title 535 - ALABAMA MANUFACTURED HOUSING COMMISSION › Chapter 535-X-11 - REGULATIONS FOR MANUFACTURED BUILDINGS › Section 535-X-11-.09 - Heating And/Or Air Conditioning Plan Drawing Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
The heating and air conditioning plans submitted pursuant to
						Rule
						535-X-11-.07 of this chapter must:
(a) Show
					location of all equipment, appliances, and installations.
(b) Indicate that appliances, units, or
					equipment are listed or labeled by an approved listing agency.
(c) Provide heat loss calculations.
(d) Provide manufacturer's name, make, model
					number, BTU, and input rating of all appliances and equipment.
(e) Indicate duct and register locations,
					size, and materials, including ducts for air-conditioning units.
(f) Indicate clearances from combustible
					material or surfaces for all appliances, equipment, ducts, flues, and
					chimneys.
(g) Show method of
					providing required combustion air and return air.
(h) Show location of flues, vents, and
					chimneys and clearances for air intakes, and other vents, flues, etc.
(i) Provide details and indicate approvals
					for damper in ducts penetrating fire separation walls, floors, and ceilings,
					etc.
(j) Indicate method of
					testing.
(k) Specify method of
					securing every appliance and their components to avoid displacement and
					movement from vibration and shock.
Author:
Harold A. Hendrix
Statutory Authority:
Code of Ala.
							1975
, §§
										24-4A-3,
							24-6-4.
Alabama Administrative Code › Title 535 - ALABAMA MANUFACTURED HOUSING COMMISSION › Chapter 535-X-11 - REGULATIONS FOR MANUFACTURED BUILDINGS › Section 535-X-11-.10 - Electrical Plan Drawing Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
The electrical plans submitted pursuant to Rule
						535-X-11-.07 of this chapter must:
(a) Provide plan
					and detail of service equipment, including service entrance, conductors,
					service raceway and clearances above ground and above structures.
(b) Indicate method and detail for ground
					service equipment.
(c) Provide a
					single line diagram of the entire electrical installation.
(d) Provide complete load calculations for
					service and feeders.
(e) Identify
					and show sizes of all feeders and branch circuits.
(f) Show size, rating, and location of main
					disconnect/over-current protective devices.
(g) Detail method of interconnection between
					modules or units and location of connections.
(h) Show location of all outlets and junction
					boxes.
(i) Indicate how
					nonmetallic-sheathed cable in locations subject to mechanical damage is to be
					protected.
(j) Indicate method of
					backing mounting and stapling of fixtures and wiring.
(k) Provide details showing mounting of
					nontypical fixtures, if any.
(l)
					Provide name plate rating of all appliances and equipment.
(m) Indicate method of testing.
(n) Indicate that all wiring, fixtures, and
					equipment are listed or labeled.
Author:
Harold A. Hendrix
Statutory Authority:
Code of Ala.
							1975
, §§
										24-4A-3,
							24-6-4.
Alabama Administrative Code › Title 535 - ALABAMA MANUFACTURED HOUSING COMMISSION › Chapter 535-X-11 - REGULATIONS FOR MANUFACTURED BUILDINGS › Section 535-X-11-.11 - Schedule Of Fees

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
					plan and system filing fees for three-dimensional modules or component/core
					unit systems that either individually or when joined together form a
					manufactured building shall be established or revised in accordance with
					Section
					24-6-4 of the Code of Alabama and Chapter 535-X-16 of the AMHC Rules and
					Regulations
(2) The fees are
					payable at the time of submittal of the application. All filing fees are
					nonrefundable.
(3) The work
					involved in reviewing and evaluating the submittal data will vary considerably
					depending on the complexity and sophistication of the system. Therefore, the
					Commission may charge an hourly rate to cover the costs of such review and
					evaluation when the time involved exceeds the filing fee rate.
(4) The minimum renewal fee for any system
					shall be 50 percent of the initial plan and system filing fees.
(5) The insignia fee for a manufactured
					building shall be based on the square footage of floor area.
Author:
Harold A. Hendrix, Jim
						Sloan
Statutory Authority:
Code of Ala.
							1975
, §§
										24-4A-3,
							24-6-4.
Alabama Administrative Code › Title 535 - ALABAMA MANUFACTURED HOUSING COMMISSION › Chapter 535-X-11 - REGULATIONS FOR MANUFACTURED BUILDINGS › Section 535-X-11-.12 - Exemptions

Current through Register Vol. 42, No. 9, June 28, 2024
To further clarify the modular rules and regulations adopted by
						the Alabama Manufactured Housing Commission, and make more specific Rule
						535-X-11, the Commission defines a vehicle as follows:
(a) "Any device or structure on wheels or
					runners for the purpose of carrying, conveying, or moving such device or
					structure from one location to another location."
(b) In order for a vehicle to be exempt from
					the rules and regulations adopted and set forth by the Commission, (Rule
					535-X-11) the vehicle must meet all of the following criteria:
1. Not require a moving permit from the State
					of Alabama Highway Department.
2.
					Be designed for living, sleeping, cooking and eating.
3. Be designed to be towed by another motor
					vehicle.
4. Be 8'6" or less in
					width, measured horizontally at the widest projection on the outside of the
					vehicle.
5. May be approved and
					issued a label of approval by the Recreation Vehicle Industry Association
					(RVIA). Such label must be permanently affixed to the vehicle.
Alabama Administrative Code › Title 535 - ALABAMA MANUFACTURED HOUSING COMMISSION › Chapter 535-X-11 - REGULATIONS FOR MANUFACTURED BUILDINGS › Section 535-X-11-.13 - Used Manufactured Buildings

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The following
					procedure may be used for a used manufactured (modular) building not in
					compliance with this Chapter and/or that has not previously received an Alabama
					insignia of compliance to obtain approval for the unit to be sited in Alabama:
(a) Plans for used units to be sited in
					Alabama shall be submitted to the Alabama Manufactured Housing Commission for
					plan review. Plans for used units must be accompanied by the appropriate fees,
					a registered architect's, and a licensed professional engineer's certification
					that the unit's current condition meets or exceeds Alabama standards. The
					certification must include the model number, serial number, and a statement
					that the building meets or exceeds the Alabama standards for the construction
					of manufactured buildings at the time of construction.
Alabama Administrative Code › Title 535 - ALABAMA MANUFACTURED HOUSING COMMISSION › Chapter 535-X-11 - REGULATIONS FOR MANUFACTURED BUILDINGS › Section 535-X-11-.15 - Penalties

Current through Register Vol. 42, No. 9, June 28, 2024
As used in this regulation, the Commission hereby adopts and
						incorporates by reference thereto the provisions of Sections
						24-4A-6 and
						24-5-33 of the
Code of Ala. 1975
.
Author:
Jim Sloan
Statutory Authority:
Code of Ala.
							1975
,
							24-4A-6,
							24-5-33,
							24-6-4.
Alabama Administrative Code › Title 535 - ALABAMA MANUFACTURED HOUSING COMMISSION › Chapter 535-X-12 - CERTIFICATION OF INSTALLATION PERSONNEL › Section 535-X-12-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
As used in this chapter, the following terms shall have the
						meanings ascribed to them by this section:
(1) Approved Installation Plans - Plans which
					conform to the recognized codes and regulatory requirements of the Commission
					and which provide for (1) the assembly of a manufactured home or manufactured
					building or the components of a manufactured home or manufactured building on
					site, and (2) the process of affixing a manufactured home or manufactured
					building to land, a foundation, footing, or an existing building and service
					connections which are a part thereof.
(2) Certified Installer - A person certified
					by the Commission to install a manufactured home or manufactured
					building.
(3)
					Transporter/Carrier/Mover - A person who transports, hauls or moves a
					manufactured home or manufactured building.
(4) Commission - The Administrator, an
					Advisory Board and other staff and personnel.
(5) Installation - The locating, setting up,
					siting, installing, tying down, anchoring, or placing a manufactured home or
					manufactured building on the lot or site of installation. To eliminate
					questions and concerns about whether a carrier installed a home or building,
					the carrier will be required to furnish, upon a request from the Commission, a
					signed and witnessed statement from the owner of the home or building that the
					carrier did not participate or contribute in any manner to the installation of
					the home or building. Carriers will only be allowed to block said units for the
					sole purpose of removing wheels and axles from the home or building. Any
					further blocking of the home or building by the carrier will be considered as
					an installation of the unit. The connection of gas, electrical, central heat
					and air conditioning, sewer, and water services shall be connected by licensed
					and/or certified contractors who are otherwise regulated by law.
(6) Manufactured Building - See Section
					24-4A-2.
(7) Manufactured Home - Any residential
					dwelling unit constructed to standards and codes as promulgated by the United
					States Department of Housing and Urban Development.
(8) Modular Home - A manufactured building
					built and inspected in accordance with a national building code and in
					compliance with the provisions of
Code of Ala. 1975
,
					Title 24, Chapter 4A.
(9) Person -
					As defined in the
Code of Ala. 1975
, Section
					24-5-2.
Author:
Jim Sloan
Statutory Authority:
Code of Ala.
							1975
, §§
										24-4A-3,
							24-5-31,
							24-5-32,
							24-6-4.
Alabama Administrative Code › Title 535 - ALABAMA MANUFACTURED HOUSING COMMISSION › Chapter 535-X-12 - CERTIFICATION OF INSTALLATION PERSONNEL › Section 535-X-12-.03 - Certification

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Each applicant for certification as an
			 installer must complete the Commission application form and submit it to the
			 Commission for approval along with a certification fee.
(2) Each applicant shall satisfactorily
			 complete an installer's course conducted by the Commission and pass a written
			 or oral test prior to being issued a certification to install manufactured
			 homes or manufactured buildings (modulars). The Commission will offer the
			 course on various dates during the year at locations throughout the state. Each
			 applicant, once certified, may thereafter renew their certification with
			 Commission approval and the payment of an annual certification fee.
(3) Each certified installer shall be
			 required to satisfactorily complete a refresher course on installation every
			 two years after completion of the initial course.
(4) Failure to satisfactorily complete in a
			 timely manner, any of the installer courses described herein may result in the
			 revocation of an installer's certification.
(5) The spouse of active duty military
			 personnel may apply for a license or provisional license pursuant to the
			 Military Family Jobs Opportunity Act codified in Section 31-1-16,
Code of Ala. 1975
.
Author:
Elwyn Thomas
Statutory Authority:
Code of Ala.
				  1975
, §§
										24-4A-3,
				  24-6-4.
Alabama Administrative Code › Title 535 - ALABAMA MANUFACTURED HOUSING COMMISSION › Chapter 535-X-12 - CERTIFICATION OF INSTALLATION PERSONNEL › Section 535-X-12-.05 - Reporting Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All
					installers shall complete a monthly installation report on a form provided by
					the Commission and file it with the Commission no later than the tenth day of
					the month denoting the previous month's installations. Failure to submit the
					report may result in revocation of the installer's certification. This report
					shall include the name of the installer, the name and the address of the owners
					of the home (and location of home if different), and the name of the person or
					persons who hired the installer.
(2) The installation report shall also
					include an affidavit stating that the installer has installed said homes in
					accordance with the manufacturer's plans or the minimum Commission standards,
					or plans drawn and approved by a registered engineer which are in accordance
					with minimum Commission standards. If a home is installed in accordance with
					the plans provided by an engineer, a copy of those plans must be attached to
					the report.
Author:
Jim Sloan
Statutory Authority:
Code of Ala.
							1975
, §§
										24-4A-3,
							24-5-31,
							24-5-32,
							24-6-4.
Alabama Administrative Code › Title 535 - ALABAMA MANUFACTURED HOUSING COMMISSION › Chapter 535-X-12 - CERTIFICATION OF INSTALLATION PERSONNEL › Section 535-X-12-.07 - Inspection Of Installation

Current through Register Vol. 42, No. 9, June 28, 2024
The Commission may inspect, or cause to be inspected, the
						installation of all manufactured homes or manufactured buildings. The
						Commission shall prepare a written report of its inspection. The installer
						shall correct all installation deficiencies within 30 days. The failure to make
						required corrections may result in suspension or revocation of the installer's
						license.
Author:
Elwyn Thomas
Statutory Authority:
Code of Ala.
							1975
, §§
										24-4A-3,
							24-5-31,
							24-5-32,
							24-6-4.
Alabama Administrative Code › Title 535 - ALABAMA MANUFACTURED HOUSING COMMISSION › Chapter 535-X-12 - CERTIFICATION OF INSTALLATION PERSONNEL › Section 535-X-12-.08 - Penalties And Appeals

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
					Commission may deny or revoke certification or re-certification for failure to
					maintain certification requirements, for improper installations, for failure to
					meet Commission reporting requirements, or for such other reasons as the
					Commission may determine from time to time which may affect the public health,
					safety, or welfare.
(2) Any person
					who violates the installation requirements of this article shall be guilty of a
					misdemeanor punishable by a fine not to exceed $500.00 or by imprisonment for
					up to 30 days or both.
(3) Each
					applicant who has been refused certification or re-certification, has been
					assessed a fine, or has had his certification revoked by the Commission's
					Administrator may appeal the decision by filing a request for a hearing in
					writing with the Commission at its office within ten days from receipt of the
					adverse notice. The Commission shall then notify the person within ten days
					from receipt of the notice of the date, time, and place of the hearing, which
					hearing shall not be more than 30 days from the date of the request for
					hearing. The hearing shall afford the applicant an opportunity to be heard. The
					Commission's Administrator or designee and the applicant will be allowed to
					present evidence. The applicant may be represented by a person of his or her
					own choosing. The hearing officer shall issue a written decision within ten
					days of the conclusion of the hearing.
Author:
Jim Sloan
Statutory Authority:
Code of Ala.
							1975
, §§
										24-4A-3,
							24-5-31,
							24-5-32,
							24-6-4.
Alabama Administrative Code › Title 535 - ALABAMA MANUFACTURED HOUSING COMMISSION › Chapter 535-X-12T - TRANSPORTATION OF MANUFACTURED HOMES/BUILDINGS › Section 535-X-12T-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
Code of Ala. 1975
, Section
						24-6-2 provides that the Alabama Manufactured Housing Commission "...shall function as
						the principal executive branch agency with powers to provide for a
						comprehensive manufactured and modular housing and building program with
						respect to construction, transportation, site location, or manufacturing
						standards for such structures." Under the same Section, the AMHC is further
						authorized and empowered to create and enforce regulations pertaining to the
						transportation of manufactured and modular housing and buildings in Alabama.
						This Chapter sets out the regulations pertaining to the transportation of
						manufactured and modular housing and buildings in Alabama.
Author:
Jim Sloan
Statutory Authority:
Code of Ala.
							1975
, §§
										24-4A-2,
							et seq. ;24-6-4.
Alabama Administrative Code › Title 535 - ALABAMA MANUFACTURED HOUSING COMMISSION › Chapter 535-X-12T - TRANSPORTATION OF MANUFACTURED HOMES/BUILDINGS › Section 535-X-12T-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
As used in this Chapter, the following terms shall have the
						meaning set out below:
(1) AMHC - The
					Alabama Manufactured Housing Commission.
(2) Certified Installer - A person or
					business entity certified by the AMHC to install a manufactured housing
					unit.
(3) Commission - The Alabama
					Manufactured Housing Commission.
(4) Manufactured Housing Unit - A
					manufactured home, manufactured house, manufactured building, modular home,
					modular house, modular building, or any portion of said structures. Consistent
					with the
Code of Ala. 1975
, Section
					24-4A-2,
					this includes any residential dwelling unit constructed to standards and codes
					as promulgated by the United States Department of Housing and Urban Development
					("HUD").
(5) Roadways - Public
					roads, streets, and highways in Alabama.
(6) Unit - A manufactured housing
					unit.
(7) Transporter - A person or
					business entity who transports, hauls, or moves a manufactured housing
					unit.
Author:
Jim Sloan
Statutory Authority:
Code of Ala.
							1975
, §§
										24-4A-2,
							et seq. ;24-6-4.
Alabama Administrative Code › Title 535 - ALABAMA MANUFACTURED HOUSING COMMISSION › Chapter 535-X-12T - TRANSPORTATION OF MANUFACTURED HOMES/BUILDINGS › Section 535-X-12T-.03 - Scope

Current through Register Vol. 42, No. 9, June 28, 2024
This Chapter applies to all persons and business entities that
						prepare for transport or transport manufactured housing units into or within
						the State of Alabama. It is for the protection of the motoring public,
						pedestrians, and end-users of manufactured housing units.
Author:
Jim Sloan
Statutory Authority:
Code of Ala.
							1975
, §§
										24-4A-2,
							et seq. ;24-6-4.
Alabama Administrative Code › Title 535 - ALABAMA MANUFACTURED HOUSING COMMISSION › Chapter 535-X-12T - TRANSPORTATION OF MANUFACTURED HOMES/BUILDINGS › Section 535-X-12T-.04 - Manufactured Housing Units That Shall Not Be Transported

Current through Register Vol. 42, No. 9, June 28, 2024
The following manufactured housing units shall not be
						transported into Alabama unless the transporter has obtained a letter of
						exception from the AMHC:
(a) Any
					manufactured home manufactured before June 15, 1976;
(b) Any pre - HUD manufactured home;
(c) Any manufactured housing unit
					without a valid HUD label; and,
(d)
					Any manufactured housing unit set out in Section
					535-X-12-.04(5)
					and (6) as not to be transported into Alabam
					a, that is:
1. Any manufactured housing unit
					that does not have a HUD label indicating federal construction and safety
					standards were met during construction;
2. Any manufactured housing unit that has
					been altered structurally from the manufacturer's design approval
					plan;
3. Any manufactured housing
					unit that has been damaged by flood, wind, and/or fire;
4. Any manufactured housing unit that has
					been denied siting in another State for reasons other than the federal zone
					requirements for wind, therma l, and/or roof load protection.
Alabama Administrative Code › Title 535 - ALABAMA MANUFACTURED HOUSING COMMISSION › Chapter 535-X-12T - TRANSPORTATION OF MANUFACTURED HOMES/BUILDINGS › Section 535-X-12T-.05 - Preparation Of Manufactured Housing Units For Transport That Originates Outside Of Alabama

Current through Register Vol. 42, No. 9, June 28, 2024
Preparation of the manufactured housing unit for transport
						where transportation originates outside of Alabama shall be in accordance with
						the laws and applicable rules for the State of origin.
Author:
Jim Sloan
Statutory Authority:
Code of Ala.
							1975
, §§
										24-4A-2,
							et seq. ;
							24-6-4.
Alabama Administrative Code › Title 535 - ALABAMA MANUFACTURED HOUSING COMMISSION › Chapter 535-X-12T - TRANSPORTATION OF MANUFACTURED HOMES/BUILDINGS › Section 535-X-12T-.06 - Preparation Of Manufactured Housing Units For Transport That Originates Within Alabama

Current through Register Vol. 42, No. 9, June 28, 2024
Only AMHC licensed manufacturers, AMHC licensed retailers, and
						AMHC certified installers may prepare a manufactured housing unit located in
						Alabama for transport.
(a) Only AMHC
					licensed manufacturers and AMHC licensed retailers may prepare a new
					manufactured housing unit located in Alabama for transport.
(b) In the case of used manufactured housing
					units that have been occupied and where an AMHC licensed manufacturer or
					retailer is not involved, the following tasks must be completed:
1. Anchoring systems and devices must be
					carefully removed in the reverse order from which they were
					installed.
2. Ridge Caps must be
					removed from multi-section homes or buildings.
3. Multi-section homes or buildings must be
					carefully separated following the reverse procedure used to connect homes or
					buildings together.
4. The
					furnishings and contents must be either secured or removed.
5. Plumbing, electrical, heat-producing
					equipment and air-conditioning must be properly disconnected by Alabama
					licensed/certified contractors who are otherwise regulated by State
					law.
6. Wheels and axles must be
					properly installed to the frame of the home or building.
7. All piers must be removed from under the
					home or building.
8. The bottom
					board must be secured for movement.
9. The unit must be secured to protect the
					inside of the home or building from moisture and wind damage.
Alabama Administrative Code › Title 535 - ALABAMA MANUFACTURED HOUSING COMMISSION › Chapter 535-X-12T - TRANSPORTATION OF MANUFACTURED HOMES/BUILDINGS › Section 535-X-12T-.07 - Certification Before Transport That Originates Within Alabama

Current through Register Vol. 42, No. 9, June 28, 2024
(a) Where transport
					is to be performed by transporters who are not AMHC licensed manufacturers,
					AMHC licensed retailers, or AMHC certified installers:
If a manufactured housing unit has been prepared for
						transportation in accordance with
						535-X-12T-.06 above and is to be transported by a federal motor carrier who is not an AMHC
						licensed manufacturer (or under written contract with said manufacturer), an
						AMHC licensed retailer (or under written contract with said retailer), or an
						AMHC certified installer, then the certified installer who prepared the unit
						for transport shall certify that, providing the transporter obeys speed
						restrictions and exercises ordinary care, the unit (1) has been properly
						prepared to prevent its components and contents from falling off during
						transportation; (2) is in such condition that it may safely be transported from
						its origin site over roadways without damage to the unit in transit and without
						causing a hazard to the motoring public; and, (3) is unlikely to be damaged in
						its being delivered to the destination site and disconnected from the
						delivering power unit. The certified installer shall notify the AMHC by
						priority mail, fax, or e-mail at least 72 hours before scheduled transport
						indicating that the home/building meets the three above conditions. An AMHC
						inspector will inspect the unit prior to its transportation and, if the unit is
						determined to be fit for transport, issue a decal authorizing its transport.
						The decal shall be valid for ten (10) days after issuance. The federal motor
						carrier will affix the decal in a position near the center of the back of the
						unit so it can be seen by an enforcement official.
(b) Where transport is to be performed by
					AMHC certified installers:
If a manufactured housing unit has been prepared for
						transportation in accordance with
						535-X-12T-.06 above and is to be transported by an AMHC certified installer, then the
						certified installer shall ensure that the unit (1) has been properly prepared
						to prevent its components and contents from falling off during transportation;
						(2) is in such condition that it may safely be transported from its origin site
						over roadways without damage to the unit in transit and without causing a
						hazard to the motoring public; and, (3) is unlikely to be damaged in its being
						delivered to the destination site and disconnected from the delivering power
						unit.
Author:
Jim Sloan
Statutory Authority:
Code of Ala.
							1975
, §§
										24-4A-2,
							et seq. ;24-6-4.
Alabama Administrative Code › Title 535 - ALABAMA MANUFACTURED HOUSING COMMISSION › Chapter 535-X-12T - TRANSPORTATION OF MANUFACTURED HOMES/BUILDINGS › Section 535-X-12T-.08 - Delivery Of Manufactured Housing Units For Occupancy Within Alabama

Current through Register Vol. 42, No. 9, June 28, 2024
(a) When an AMHC
					licensed retailer, person or business entity under contract with said retailer,
					or an AMHC certified installer transports a manufactured housing unit to its
					installation site in Alabama, the licensed retailer or the certified installer
					shall notify the AMHC by priority mail, fax, or e-mail within 72 hours of the
					delivery. Units not to be immediately installed shall be properly blocked until
					installation by an AMHC certified installer.
(b) When a federally certified motor carrier
					transports a manufactured housing unit for installation in Alabama, he or she
					must give the AMHC at least 72 hours advance notice of the date, time, and
					place of delivery at its installation site. Such notice shall be provided by
					certified mail, fax, or e-mail. In order to minimize down time for the
					federally certified motor carrier, any variation from the date, time, or place
					originally given to the AMHC shall be communicated by fax or e-mail to AMHC as
					soon as practicable.
An AMHC inspector will meet the federally certified motor
						carrier at the delivery site at the appointed time. The federally certified
						motor carrier may not detach the manufactured housing unit unless an AMHC
						inspector has placed on the unit a dated decal identifying the unit and the
						inspector who conducted the inspection. The AMHC inspector shall note any
						safety-related transportation damage visible on the unit, including any unit
						damage that may have caused damage to roadways, flying debris on the roadways,
						or part of the unit protruding beyond the unit's normal frame or body. If the
						AMHC inspector observes or notes damage that may be the result of a possible
						criminal violation (such as unreported motor vehicle accident damage such as
						from a hit and run), the inspector may notify law enforcement officials. The
						inspector's reports will become a part of the Commission's public
						records.
Once the decal has been affixed, the federally certified motor
						carrier may then disconnect the unit, remove the wheels and axles, and
						temporarily secure the unit. Units not to be immediately installed shall be
						properly blocked until installation by a certified installer. The federally
						certified motor carrier may not install or attempt to install the unit unless
						the federally certified motor carrier is also an AMHC certified
						installer.
Author:
Jim Sloan
Statutory Authority:
Code of Ala.
							1975
, §§
										24-4A-2,
							et seq. ;24-6-4.
Alabama Administrative Code › Title 535 - ALABAMA MANUFACTURED HOUSING COMMISSION › Chapter 535-X-12T - TRANSPORTATION OF MANUFACTURED HOMES/BUILDINGS › Section 535-X-12T-.09 - Authorized Transporters Of Manufactured Housing Units In Alabama

Current through Register Vol. 42, No. 9, June 28, 2024
Only the following persons or business entities may lawfully
						transport manufactured housing units into Alabama or on its roadways:
(a) AMHC licensed manufacturers, and persons
					or business entities under written contract with them, provided that they
					comply with all applicable federal and state statutes and
					regulations.
(b) AMHC licensed
					retailers, and persons or business entities under written contract with them,
					provided that they comply with all applicable federal and state statutes and
					regulations.
(c) AMHC certified
					installers, provided that they comply with all applicable federal and state
					statutes and regulations.
(d)
					Federally certified motor carriers, provided that they otherwise meet all
					applicable Federal and State licensure requirements (i.e. licenses,
					registrations, certificates, and insurance policies are all current and meet
					all applicable regulations) and all provisions of this Chapter. Nothing in this
					Chapter shall be interpreted to in any way limit the power of the Alabama
					Department of Transportation, the Alabama Public Service Commission, or the
					Alabama Department of Public Safety to regulate motor vehicles or their
					drivers.
(e) Federal, State, or
					local emergency services personnel, provided that such transportation is for
					the limited purpose of remedying an immediate hazard to the public.
Author:
Jim Sloan
Statutory Authority:
Code of Ala.
							1975
, §§
										24-4A-2,
							et seq. ;24-6-4.
Alabama Administrative Code › Title 535 - ALABAMA MANUFACTURED HOUSING COMMISSION › Chapter 535-X-12T - TRANSPORTATION OF MANUFACTURED HOMES/BUILDINGS › Section 535-X-12T-.10 - Transportation Damage

Current through Register Vol. 42, No. 9, June 28, 2024
(a) If
					an AMHC inspector determines a manufactured housing unit has been prepared for
					transport in violation of the applicable State laws, rules, or regulations (as
					defined elsewhere in this Chapter) and such violation has caused damage to, or
					flying debris on, roadways, or protrusion of a part of the unit beyond the
					unit's normal frame or body (where such protrusion existed in Alabama), then
					the penalty provisions of
					535-X-12T-.11 apply.
(b) Where a manufactured
					housing unit being transported in Alabama causes damage to, or flying debris
					on, roadways, or there is a protrusion of a part of the unit beyond the unit's
					normal frame or body (where such protrusion existed in Alabama), then the
					penalty provisions of
					535-X-12T-.11 apply.
(c) Where a manufactured
					housing unit to be installed in Alabama receives transportation damage that
					creates a serious defect or imminent safety hazard that takes the unit out of
					compliance with federal and/or State safety-related standards, the transporter
					shall be liable for such damage to the full extent permitted by State and
					federal law. In such cases, the penalty provisions of
					535-X-12T-.11 apply.
(d) Where a manufactured
					housing unit to be installed in Alabama receives other transportation damage,
					the transporter shall be liable for such damage to the full extent permitted by
					the State and federal law.
(e)
					Nothing herein shall be construed to limit the rights of the State, any county
					or local government, any business entity, any person, or any property owner
					from asserting rights or recovering damages arising from improper
					transportation of a manufactured housing unit.
Author:
Jim Sloan
Statutory Authority:
Code of Ala.
							1975
, §§
										24-4A-2,
							et seq. ;24-6-4.
Alabama Administrative Code › Title 535 - ALABAMA MANUFACTURED HOUSING COMMISSION › Chapter 535-X-12T - TRANSPORTATION OF MANUFACTURED HOMES/BUILDINGS › Section 535-X-12T-.11 - Penalties

Current through Register Vol. 42, No. 9, June 28, 2024
(a) Any violation
					of this Chapter may be prosecuted criminally with a maximum penalty of $1,000
					or one year imprisonment.
(b) In
					lieu of prosecution under Subsection (a) above, and only with the consent of
					the AMHC, a violator may elect to receive an administrative fine of up to
					$1,000.
(c) Any AMHC certified
					installer who violates this Chapter may, in addition to sections (a) and (b)
					above, have his or her certification suspended or revoked.
(d) In the case of a federally certified
					motor carrier who violates this Chapter, and in addition to sections (a) and
					(b) above, the AMHC may send an official complaint to the Federal Motor Carrier
					Safety Administration with a request that it take official action against the
					carrier.
Author:
Jim Sloan
Statutory Authority:
Code of Ala.
							1975
, §§
										24-4A-2,
							et seq. ;24-6-4.
Alabama Administrative Code › Title 535 - ALABAMA MANUFACTURED HOUSING COMMISSION › Chapter 535-X-12T - TRANSPORTATION OF MANUFACTURED HOMES/BUILDINGS › Section 535-X-12T-.12 - Enforcement

Current through Register Vol. 42, No. 9, June 28, 2024
In addition to the AMHC and AMHC personnel, the provisions of
						this Chapter may be enforced by Alabama Department of Transportation, the
						Alabama Public Service Commission, and the Alabama Department of Public
						Safety.
Author:
Jim Sloan
Statutory Authority:
Code of Ala.
							1975
, §§
										24-4A-2,
							et seq. ;24-6-4.
Alabama Administrative Code › Title 535 - ALABAMA MANUFACTURED HOUSING COMMISSION › Chapter 535-X-12T - TRANSPORTATION OF MANUFACTURED HOMES/BUILDINGS › Section 535-X-12T-.13 - Administrative Costs

Current through Register Vol. 42, No. 9, June 28, 2024
The Commission may establish a schedule of fees to pay the
						costs of implementing and enforcing these rules.
Author:
Jim Sloan
Statutory Authority:
Code of Ala.
							1975
, §§
										24-4A-2,
							et seq. ;24-6-4.
Alabama Administrative Code › Title 535 - ALABAMA MANUFACTURED HOUSING COMMISSION › Chapter 535-X-13 - REGULATIONS FOR THE INSTALLATION OF MANUFACTURED HOMES AND MANUFACTURED BUILDINGS AND THE MANUFACTURE OF GROUND ANCHORS AND TIEDOWN DEVICES › Section 535-X-13-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
The provisions of these Rules and Regulations are adopted for
						the implementation of Act No. 91-642 of the 1991 regular legislative session
						and are intended to provide uniform safety standards for the anchoring and
						blocking of manufactured homes and manufactured buildings. To further provide
						for the uniform standards for the manufacture of ground anchors and tiedown
						devices. Provide for the health, safety, and welfare of people who utilize
						manufactured homes and buildings for their personal residences and providing
						safety for other adjacent properties.
Author:
Jim Sloan
Statutory Authority:
Code of Ala.
							1975
, §§
										24-4A-3,
							24-5-31,
							24-5-32,
							24-6-4.