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HomeMy WebLinkAboutA003 - Letter dated June 4, 1992 from Iowa Manufactured Housing Association - Minnesota law on parks IOWA MANUFACTURED HOUSING ASSOCIATION 1400 Dean Avenue • Des Moines, Iowa 50316-3938 . 515-265-1497 . 800-395-6424 • FAX: 515-265-6480 June 4, 1992 Mike Flummerfelt Flummerfelt Properties 1316 South Duff Avenue Ames, Iowa 50010 Dear Mike: As you requested, I have researched the Minnesota law on mandatory storm shelters. My contact for this information was Mark J.Brunner,Executive Vice President of the Minnesota Manufactured Housing Association. The Minnesota law requires all parks, over 10 spaces in size,built after March 1, 1988, to have a storm shelter. Mark has been with the association since 1988, and he tells me there have been no new parks constructed in Minnesota since that time. As you know, building a manufactured housing community is a high cost item, and requiring storm shelters does nothing to alleviate the cost factor. The Minnesota law treats existing parks differently. If the existing park has fewer than 10 spaces,the owner must provide an evacuation plan to tenants for a place of shelter. If the existing park has more than 10 spaces, the owner must have either a shelter or an evacuation plan for tenants. The place of shelter must be within a reasonable distance, although that terminology is not defined. All these plans must be approved by the city. If the city does not approve the evacuation plan, the city can require a shelter to be built in parks of 10 spaces or more. I specifically asked Mark Brunner as to how expansions of parks are dealt with. He said that expansions of parks are not considered to be new construction for the purposes of requiring a shelter. If you would like to visit with Mark yourself, you may reach him at Minnesota Manufactured Housing Association, 555 Park Street, Suite 400, Saint Paul, Minnesota 55103. His phone number is 612-222-6769. I do not want you to interpret this letter as any kind of endorsement of the Minnesota plan. I believe the Minnesota legislature was discriminatory in mandating storm shelters for manufactured homes while not mandating such shelters for all buildings which do not have a basement. The issue of safety goes far beyond the borders of manufactured housing communities. Mark also told me that many cities in Minnesota are not complying with the law for fear of liability exposure. I believe your idea of additional anchoring in order to meet the uniform building code standards is the appropriate approach. If you have any further questions, feel free to contact me. Sincerely, Joe . Ke JMK/dh RECEIVED su,� J2 I CITY OF AMES,IOWA )EPT.OF PLANNING&HOUSING MN ST s 327.20 s�Af 1NN�s�� CUu-N-tIONS PAGE 2 throughout the manufactured home park or recreational camping area. (5) All plumbing shall be installed in accordance with the rules of the state commissioner of health and the provisions of the Minnesota plumbing code. (6) In the case of a manufactured home park with less than 10 manufactured homes, a plan for the sheltering or the safe evacuation to a safe place of shelter of the residents of the park in times of severe weather conditions, such as tornadoes, high winds, and floods. The shelter or evacuation plan shall be developed with the assistance and approval of the municipality where the park is located and shall be posted at conspicuous locations throughout the park. Nothing in this paragraph requires the department of health to review or approve any shelter or evacuation plan developed by a park. Failure-of a municipality to approve a plan submitted by a park shall not be grounds for action against the park by the department of health if the park has made a good faith effort to develop the plan and obtain municipal approval. (7) A manufactured home park with ten or more manufactured homes, licensed prior to March 1, 1988, shall provide a safe place of shelter for park residents or a plan for the evacuation of park residents to a safe place of shelter within a reasonable distance of the park for use by park residents in times of severe weather, including tornadoes and high winds. The shelter or evacuation plan must be approved by the municipality by March 1, 1989. The municipality may require the park owner to construct a shelter if it determines that a safe place of shelter is not available within a reasonable distance from the park. A copy of the municipal approval and the plan shall be submitted by the park owner to the department of health. (8) A manufactured home park with ten or more manufactured homes, receiving a primary license after March 1, 1988, must provide the type of shelter required by section 327.205. Subd. 2. Health and safety. The state department of health may prescribe such regulations for the operation and maintenance of mobile home parks or recreational camping areas and for safe-guarding the health and safety of persons occupying licensed mobile home parks and recreational camping areas as the department shall deem to be necessary and expedient. Such regulations pertaining to health and safety shall have the force and effect of law, and any violation thereof shall constitute a misdemeanor; and upon conviction therefor the offender may be punished as otherwise provided by law. Subd. 3. Streets and roadways. A mobile home park owner shall maintain streets and roadways in the park so as to permit passage of emergency vehicles and normal resident travel. 1981 Main Volume Credit(s) Laws 1951, c. 428, s 7. Amended by Laws 1965, c. 668, s 11; Laws 1969, c. 427, s 12, eff. May 16, 1969; Laws 1977, c. 305, s 45, eff. May 28, 1977; Laws 1979, c. 264, s 1, eff. May 30, 1979. 1992 Pocket Part Credit(s) Amended by Laws 1981, c. 365, s 9; Laws 1982, c. 526, art. 3, s 5, eff. Jan. 1, 1983; Laws 1985, c. 248, s 70; Laws 1987, c. 195, s 1, eff. March 1, 1989. s INIVEE UN7672; HOTELS,PUBLIC RESORTS,MANUFACTURED HOMES 327.24 CI Y OF t pEPT.0 PLA ►dant, caretaker, or' ome parks and recreational camping areas as the department shall nes in case of emer- deem to be necessary and expedient. Such rules pertaining to health and safety shall have the force and effect of law,and any violation thereof shall constitute a misdemea- located so that the nor,and upon conviction therefor the offender may be punished as otherwise provided ste water from man- by law. -d on the surface of Subd. 3.Streets and roadways.A manufactured home park owner shall maintain irged into a munici- streets and roadways in the park so as to permit passage of emergency vehicles and nor- system is not avail- mal resident travel. er of health shall be History: 1951 c 428 s 7; 1965 c 668 s H; 1969 c 427 s 12, 1977 c 305 s 45, 1979 c 264 s 1, 1981 c 365 s 9; 1982 c 526 art 3 s 5; 1985 c 248 s 70, 1987 c 195 s I feet to the side lot 327.205 SHELTER CONSTRUCTION STANDARDS. proved property,or ;hall abut or face on The commissioner of administration shall adopt,by rule, minimum standards for the construction of low cost manufactured home park storm shelters by March 1, 1988. h,which space shall All shelters constructed after March 1, 1988, shall be constructed in accordance with be an open space shall mes including their these standards. when parked end to History: 1987 c 195 s 2 ►e parking of motor ked at least ten feet 327.21 [Repealed, 1965 c 668 s 14] -ements of this para- 327.22 [Repealed, 1961 c 375 s 5] ; may be granted by ,hen the variance is 327.23 CONSTRUCTION OF TERMS; MUNICIPAL PARKS. ie variance will not Subdivision 1.State parks.Nothing in sections 327.10, 327.11, 327.14 to 327.28 ark occupants. should be construed to include any of the state parks in Minnesota. be furnished at each Subd. 2.Manufactured home park.The term"manufactured home park"shall not :of the water supply be construed to include manufactured homes,buildings,tents or other structures tem- ne water supply out- porarily maintained by any individual or company on premises associated with a work .factured home park project and used exclusively to house labor or other personnel occupied in such work project. The state department of health may by rule prescribe such sanitary facilities les of the state com- { as it may deem necessary to provide for the sanitation of such structures and the safety ►g code. of the occupants thereof. n ten manufactured Subd. 3. Municipal parks.Any manufactured home park or recreational camping lace of shelter of the area owned or operated by any municipality or political subdivision of this state shall t lace tornadoes, high meet all sanitary and safety provisions of sections 327.10, 327.11, 327.14 to 327.28, I shall be inspected as herein provided, and make all reports, as herein required of a d with the assistance licensee. ,all be posted at con- .requires the depart- History: 1951 c 428 s 10; 1961 c 375 s 2; 1965 c 668 s 12; 1969 c 427 s 13,14; 1981 developed by a park. c 365 s 9; 1985 c 248 s 70 shall not be grounds �as made a good faith 327.24 ENFORCEMENT. Subdivision 1.Violations.It is the duty of the state department of health to enforce fired homes, licensed the provisions of sections 327.10, 327.1 1,327.14 to 327.28 and the rules of the depart- -k residents or a plan ment applicable to manufactured home parks.The department may request the county tin a reasonable dis- attorney of the county in which a violation occurs to initiate action to abate the unlaw- her,including torna- ful operation of a manufactured home park.Officials of the department may enter upon )e approved by the the premises of such manufactured home parks at any time for the purposes herein set e park owner to con- forth, or for the purpose of enforcing this statute. ailable within a rea- Subd. 2. Penalty.Any person,firm or corporation who shall fail to comply,or who al and the plan shall operates without first complying with the provisions of sections 327.10 to 327.28, is guilty of a misdemeanor. red homes, receiving Subd. 3.Private remedies.Any person injured or threatened with injury by a viola- elter required by sec- tion of sections 327.14 to 327.28 or of the rules of the department of health applicable to manufactured home parks may bring a private action in any court of competent juris- may prescribe such ' diction. parks or recreational History: 1951 c 428 s 11; 1965 c 668 s 13; 1969 c 427 s 15; 1981 c 365 s 9; 1982 c is occupying licensed 526 art 3 s 6; 1985 c 248 s 70 '1` 7 327.20 HOTELS,PUBLIC RESORTS,MANUFACTURED HOMES 7672 7673 manufactured home park containing more than 50 lots, the attendant, caretaker, or manufactured home pa: other responsible park employee,shall be readily available at all times in case of emer- deem to be necessary an have the force and effect gency. nor;and upon convicttoi (2) All manufactured home parks shall be well drained and be located so that the by law. drainage of the park area will not endanger any water supply.No waste water from man- Subd. 3. Streets am _ufactured homes or recreational camping vehicles shall be deposited on the surface of streets and roadways in the ground.All sewage and other water carried wastes shall be discharged into a munici- mal resident travel. pal sewage system whenever available. When a municipal sewage system is not avail- able,a sewage disposal system acceptable to the state commissioner of health shall be History: 1951 c 428 provided. 264 s 1; 1981 c 365 s 9; (3) No manufactured home shall be located closer than three feet to the side lot 327.205 SHELTER CC lines of a manufactured home park, if the abutting property is improved property,or The commissioner closer than ten feet to a public street or alley. Each individual site shall abut or face on the construction of low c a driveway or clear unoccupied space of not less than 16 feet in width,which space shall All shelters constructed have unobstructed access to a public highway or alley.There shall be an open space of these standards. at least ten feet between the sides of adjacent manufactured homes including their attachments and at least three feet between manufactured homes when parked end to History: 1987 c 195 end. The space between manufactured homes may be used for the parking of motor vehicles and other property, if the vehicle or other property is parked at least ten feet 327.21 [Repealed, 19 from the nearest adjacent manufactured home position.The requirements of this para- 327.22 [Repealed, 1,-;* graph shall not apply to recreational camping areas and variances may be granted by the state commissioner of health in manufactured home parks when the variance is 327.23 CONSTRUCT: applied for in writing and in the opinion of the commissioner the variance will not Subdivision 1. Statt endanger the health, safety,and welfare of manufactured home park occupants. should be construed to i (4) An adequate supply of water of safe,sanitary quality shall be furnished at each Subd. 2.Manufactu manufactured home park or recreational camping area.The source of the water supply be construed to include shall first be approved by the state department of health.At least one water supply out- porarily maintained by r: let shall be provided at convenient locations throughout the manufactured home park project and used exclusi or recreational camping area. project. The state depar (5) All plumbing shall be installed in accordance with the rules of the state com- as it may deem necessar missioner of health and the provisions of the Minnesota plumbing code. of the occupants ! (6) In the case of a manufactured home park with less than ten manufactured Subd. 3.Municipal area owned or operated homes,a plan for the sheltering or the safe evacuation to a safe place of shelter of the I meet all sanitary and sa residents of the park in times of severe weather conditions, such as tornadoes, high shall be inspected as he winds,and floods.The shelter or evacuation plan shall be developed with the assistance licensee. and approval of the municipality where the park is located and shall be posted at con- History: 1951 c 42S spicuous locations throughout the park.Nothing in this paragraph requires the depart- c 365 s 9; 1985 c 248 s ment of health to review or approve any shelter or evacuation plan developed by a park. Failure of a municipality to approve a plan submitted by a park shall not be grounds 327.24 ENFORCENIE for action against the park by the department of health if the park has made a good faith effort to develop the plan and obtain municipal approval. Subdivision 1.Viol: (7) A manufactured home park with ten or more manufactured homes, licensed the provisions of sectior- prior to March 1, 1988,shall provide a safe place of shelter for park residents or a plan ment applicable to mangy for the evacuation of park residents to a safe place of shelter within a reasonable dis- attorney of the county i iful operation of manui tance of the park for use by park residents in times of severe weather, including torna- the premises of such m:- does and high winds. The shelter or evacuation plan must be approved by the forth, or for the purpos municipality by March 1, 1989. The municipality may require the park owner to con- Subd. 2. Penalty.A struct a shelter if it determines that a safe place of shelter is not available within a rea- sonable distance from the park. A copy of the municipal approval and the plan shall guilty es a misdemrst o be submitted by the park owner to the department of health. Subd. 3. Private no (8) A manufactured home park with ten or more manufactured homes, receiving rei tion of sections 327.14 a primary license after March 1, 1988;must provide the type of shelter required by sec- to manufactured home E tion 327.205. diction. Subd. 2. Health and safety. The state department of health may prescribe such History: 1951 c 4 rules for the operation and maintenance of manufactured home parks or recreational ry: camping areas and for safeguarding the health and safety of persons occupying licensed 526 art 3 s 6; 1985 c MEMORANDUM TO: Mike Flummerfelt FAX - 515/232-6946 FROM: C. E. Peter Green DATE: June 24 , 1992 SUBJECT: wind Loads required by_ HUD Mike: The wind loads required by HUD on a manufactured home are as follows: 15 psi Horizontal 9 psi Up-Lift In the Uniform Building code wind load approximately 25 psi Horizontal 15 psi Up-Lift Divided the number of anchors into each wind load will give the restraining capability of a single anchor. CEPG/pjs / RECEIVED J "�] UN 14 1992 A