73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1375
House Bill 2389
Sponsored by Representative HANSEN; Representatives BERGER, DALTO
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Prohibits Director of Department of Consumer and Business
Services and Department of Consumer and Business Services from
authorizing person other than director or department to perform
inspection, investigation or approval under manufactured housing
construction and safety standards program. Specifies minimum
content for manufactured housing construction and safety
standards program. Requires director to take all practicable
actions to ensure continuation of state administration and
enforcement of manufactured housing construction and safety
standards.
A BILL FOR AN ACT
Relating to manufactured housing; creating new provisions; and
amending ORS 446.160 and 446.225.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + To the extent authorized under any plan
approved by the Secretary of Housing and Urban Development, the
Director of the Department of Consumer and Business Services
shall conduct inspections of manufactured housing manufacturers
in this state for the purpose of administering and enforcing
federal manufactured housing construction and safety standards
adopted under the National Manufactured Housing Construction and
Safety Standards Act of 1974 (P.L. 93-383). Unless the plan
approved by the secretary provides otherwise, the inspection
program conducted by the director shall, at a minimum, include
the following for each manufacturer:
(1) An approval process to ensure that manufactured housing
designs comply with federal construction and safety standards.
(2) An approval process to ensure that quality control programs
are compatible with approved manufactured housing designs.
(3) An approval process for manufacturing processes and for
each manufactured housing facility, to ensure that the
manufacturer can perform the approved quality control program and
produce manufactured housing that conforms to approved
manufactured housing designs.
(4) An ongoing inspection process for each manufactured housing
facility to ensure that the manufacturer is continuing to perform
the approved quality control program and to produce manufactured
housing that conforms to federal construction and safety
standards and approved manufactured housing designs. + }
SECTION 2. ORS 446.160 is amended to read:
446.160. (1) The Department of Consumer and Business Services
may cause { - such - } inspections to be made, approve plans
and specifications, provide technical services, issue insignia of
compliance, collect fees provided by ORS 446.176 and, in
compliance with ORS chapter 183, { - promulgate and enforce
such rules and regulations as are reasonably necessary to carry
out its duties and insure compliance with those parts of - }
{ + adopt rules to carry out the duties of the department under
+ }ORS 446.003 to 446.200, 446.225 to 446.285, 446.310 to
446.350 and 446.395 to 446.440 { - within the jurisdiction of
the department - } .
(2) The Director of the Department of Consumer and Business
Services shall adopt rules { - pursuant to - } { + under + }
ORS chapter 183 to
{ - insure - } { + ensure + } that manufacturers,
distributors and dealers comply with the reporting requirements
of the department { - of Consumer and Business Services of this
state - } and { + of + } the Secretary of Housing and Urban
Development as required by the National Manufactured Housing
Construction and Safety Standards Act of 1974 (Public Law
93-383).
(3) The director { - is authorized to - } { + may + }
conduct { - such - } inspections and investigations { - as
may be necessary - } to administer and enforce any federal
manufactured dwelling construction and safety standards adopted
under ORS 446.155 or the National Manufactured Housing
Construction and Safety Standards Act of 1974 (Public Law
93-383). The director shall furnish to the secretary
{ - of Housing and Urban Development - } or { - a - } { +
the secretary's + } designee any information obtained indicating
noncompliance with { - such - } { + the + } standards for
appropriate action.
(4) The director or { - a designee is authorized to
enter, - } { + the department may + } at reasonable times and
without advance notice { - , - } { + enter + } any factory,
warehouse or establishment { + of a manufacturer, distributor or
a licensed or unlicensed dealer + } in which a manufactured
structure or equipment is manufactured, stored or held for sale
{ - ; and to inspect at reasonable times within reasonable
limits in a reasonable manner, any such - } { + for the purpose
of:
(a) Conducting reasonable inspections of the + } factory,
warehouse or establishment { - , and to - } { + ; and
(b) + } { - Inspect such - } { + Inspecting + } products,
books, papers, records and documents { - which - } { +
that + } are relevant to the manufacture of a manufactured
structure or equipment and the manufacturer's, distributor's or
dealer's compliance with ORS 446.155 { + and section 1 of this
2005 Act + } and the National Manufactured Housing Construction
and Safety Standards Act of 1974 (Public Law 93-383).
{ + (5) The director or the department may not appoint,
contract with or otherwise authorize a person other than the
director or the department to perform any inspection,
investigation or approval under section 1 of this 2005 Act or
subsection (3) or (4) of this section. + }
SECTION 3. ORS 446.225 is amended to read:
446.225. (1) The Legislative Assembly intends to provide a
procedure to { - assure - } { + ensure + } that Oregon
assumes fullest responsibility for administration and enforcement
of federal manufactured housing { - safety and - }
construction { + and safety + } standards in Oregon in
accordance with the National Manufactured Housing Construction
and Safety Standards Act of 1974 (Public Law 93-383).
(2) The Director of the Department of Consumer and Business
Services { - is authorized to - } { + may + } apply for and
receive grants from the Secretary of Housing and Urban
Development for implementation and development of a plan for
{ + the administration and + } enforcement
{ - and administration - } of federal manufactured housing
{ - safety and - } construction { + and safety + } standards
for manufactured housing { + manufactured or + } offered for
sale or lease in this state.
(3) The director { - is authorized to - } { + may + } adopt
rules pursuant to ORS chapter 183 to { - insure - } { +
ensure + } acceptance by the Secretary of Housing and Urban
Development of Oregon's plan for administration and enforcement
of federal manufactured housing
{ - safety and - } construction { + and safety + } standards
in accordance with the National Manufactured Housing Construction
and Safety Standards Act of 1974 (Public Law 93-383).
{ + (4) The director shall take all practicable actions to
ensure the continuation of federal authorization for the state to
administer and enforce federal manufactured housing construction
and safety standards. + }
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