This article shall be known and may be cited as 'The Uniform Standards Code for Mobile Homes Act.'

A license to sell to licensed dealers or to the public of this state shall be issued for a fee in an amount as established by the commission by rule pursuant to Section 24-6-4.

(a) The commission shall maintain a system by which accurate statistics regarding the disposition of all mobile homes by licensees may be obtained.

(b) The commission shall require that each licensee in this state maintain adequate records so as to ascertain:

(1) The total number of mobile homes manufactured;

(2) The total number of mobile homes delivered to dealers within and without the state;

(3) The total number of mobile homes sold to individuals within and without the state, including name, address and county; and

(4) Specific information about each mobile home, including serial number, manufacturer's name, model name and/or number and size unit.

The commission is hereby charged with the administration of this article. It shall make and amend, alter or repeal general rules and regulations of procedure for carrying into effect all provisions of this article and prescribe means, methods and practices to make effective such provisions.

The commission shall be authorized to enter into contracts with any private or public agency which is under contract with the United States Department of Housing and Urban Development to provide services in the enforcement of the Uniform Standards Code.

(a) No person may interfere, obstruct or hinder an authorized representative of the commission who displays proper commission credentials in the performance of his duties as set forth in the provisions of this article.

(b) In the performance of its duties, the commission or any of its duly authorized representatives is hereby authorized to enter and inspect, at any reasonable time, any place or establishment where mobile homes are manufactured, sold or offered for sale, for the purpose of ascertaining whether the requirements of this article and the regulations of the commission have been met.

(c) Nothing in this article shall prevent the governing authority of any county or municipal corporation from adopting ordinances or resolutions providing for the inspection of mobile homes sold or placed within its limits and to provide penalties for violations thereof, but no such ordinance or resolution shall conflict with any power or authority of the commission or its duly authorized representatives. Any mobile home which has been inspected and approved in accordance with the provisions of this article shall not be required to comply with any local ordinances in conflict with this article.

(a) Whoever violates any provision of this article or any regulation or order issued under the provisions of this article shall be liable for a civil penalty of not to exceed $1,000 for each such violation. Each violation of any section of this article or regulation or order shall constitute a separate violation with respect to each mobile home or with respect to each failure or refusal to allow or perform an act required thereby, except that the maximum civil penalty may not exceed $1,000,000.00 for any related series of violations occurring within one year from the date of the first violation. Before the commission shall impose a civil penalty it shall first advise the violator of its intention to do so and hold a hearing on said violation no sooner than two weeks after notification to the person of the commission's intent to impose civil penalties and the indicated violations.

(b) Any individual or a director, officer or agent of a corporation who knowingly and willfully violates any of the provisions set out in subsection (a) of this section, in a manner which threatens the health or safety of any purchaser, shall be fined not more than $1,000.00 or sentenced to the county jail for not more than one year or both.

(c) Any fines collected under the provisions of subsections (a) and (b) of this section shall be paid into the Fire Marshal's Fund set up by the provisions of this article.

Unless clearly indicated otherwise by the context, the following words when used in this article, for purposes of this article, shall have the meanings respectively ascribed to them in this section:

(1) MOBILE HOME. A structure, transportable in one or more sections, which when erected on site measures eight body feet or more in width and thirty-two body feet or more in length, 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 therein. A mobile home can be new. A new mobile home is a mobile home which is still in the possession of the manufacturer, dealer or first purchaser of the mobile home.

(2) UNIFORM STANDARDS CODE. The federal mobile home construction or safety standards promulgated pursuant to Section 604 of the National Mobile Home Construction and Safety Standards Act of 1974 published in Public Law 93-383, 42 U.S.C. § 5401 et seq. as amended from time to time.

(3) MOBILE HOME CONSTRUCTION. All activities relating to the assembly and manufacture of a mobile home including but not limited to those relating to durability, quality and safety.

(4) LABEL. The approved form of certification by the manufacturer under the provisions of the National Mobile Home Construction and Safety Standards Act of 1974 that is permanently affixed to each mobile home or transportable section thereof, and which serves as the certification by the manufacturer of conformance with the applicable federal mobile home construction and safety standards in effect the date of manufacture.

(5) MANUFACTURER. Any person who manufactures mobile homes and shall include the manufacturer, factory branch or factory representative.

(6) DEALER. Any person other than a manufacturer, as defined in this section, who is duly licensed to sell mobile homes in this state.

(7) PERSON. A person, firm, partnership, company, corporation or association engaged in manufacturing or selling mobile homes.

(8) MARSHAL. The Alabama State Fire Marshal.

(9) COMMISSION. The Alabama Manufactured Housing Commission.

(10) STATE FIRE MARSHAL's FUND. The fund established to provide necessary revenue for the enforcement of this article.

All construction of mobile homes manufactured after May 28, 1980, in this state must meet the standards of the Uniform Standards Code.

This article shall be known and may be cited as the 'Uniform Code for the Anchoring of Mobile Homes Act.'

When used in this article, unless the context plainly indicates otherwise, the following words and phrases shall have the meanings respectively ascribed to them in this section:

(1) ANSI. The American National Standards Institute or its successor.

(2) GROUND ANCHOR. Any device at the mobile home stand designed for the purpose of securing a mobile home to the ground.

(3) MARSHAL. The Alabama State Fire Marshal.

(4) NFPA. The National Fire Protection Association or its successor.

(5) TIEDOWN. Any device designed to anchor a mobile home to ground anchors.

(6) COMMISSION. The Alabama Manufactured Housing Commission.

(7) INSTALL or INSTALLATION. Siting, placing or anchoring a manufactured home or manufactured building, either one or more units, to land, upon footings, piers or foundations, or connecting the home or building to public or private utilities. Public or private utilities shall not be classified as installers under this section.

(8) INSTALLER. Any person who sites, anchors, places, connects, sets up or installs a manufactured home or manufactured building upon land, footings, piers or foundations.

(9) MANUFACTURED BUILDING. A closed structure, building assembly or systems of subassemblies which may include structural, electrical, plumbing, heating, ventilating, utility service lines, footings, foundations, porches or other service systems manufactured in manufacturing facilities, for installation or erection, with or without other specified components, as a finished building or as a part of a finished building, which shall include, but not be limited to, residential dwelling units, commercial, institutional, storage and industrial structures. 'Mobile homes' or 'manufactured homes' are excluded. 'Manufactured building' may also mean, at the option of the manufacturer, any building of open construction made or assembled in manufacturing facilities away from the building site, for installation, or assembly and installation on the building site. Excluded from the definition of 'manufactured building' shall be any temporarily placed building, trailer, or structure maintained by a licensed general contractor or subcontractor for purposes of storage, office space, or any other construction related function at a project site.

(10) MANUFACTURED HOME. As defined by the United States Department of Housing and Urban Development.

(a) After January 1, 1976, it shall be unlawful for any person to install, allow to be installed, occupy or allow to be occupied any new or used manufactured home or manufactured building unless the home or building is tied down to properly installed ground anchors so as to be able to resist wind loads as specified in the rules and regulations adopted by the commission. The Counties of Mobile and Baldwin are designated as hurricane wind zones. All installers of manufactured homes and manufactured buildings must be certified by the commission to install such structures.

(b) Any manufactured home or manufactured building sold after January 1, 1976, shall comply with the requirements of subsection (a) immediately upon location on the new site. Any existing manufactured home or manufactured building relocated to a new site after January 1, 1976, shall comply with the code requirements of subsection (a) immediately upon location on the new site.

(c) The commission shall promulgate rules and regulations setting forth uniform standards for the manufacture and installation of ground anchors and blocking to be compatible with ANSI A 119.1/NFPA 501B, in order to accomplish the intent of this section. Local building inspectors shall, when required by local jurisdiction, enforce rules and regulations promulgated by the commission to accomplish the intent of this section.

(d) Prior to adoption of the initial rules and regulations and in the event it becomes necessary to make changes in or additions to the rules and regulations adopted in subsection (a), the commission, at least 30 days prior to adopting or promulgating any such rules and regulations or changes or additions, shall mail to all manufacturers and service organizations doing business in Alabama and to the Alabama Manufactured Housing Institute a notice which shall include a copy of the rules and regulations or additions and changes thereto, and a designation of the time and place that the commission will hear and consider any objections to the proposed rules and regulations or additions and changes thereto. The commission shall afford any interested party an opportunity to be heard orally or in writing with respect to the proposed rules and regulations or additions and changes thereto. Sixty days after date of notice and hearing, any rules and regulations or changes and additions thereto shall become effective.

(e) This section shall not apply to any mobile home which is in transit between sites.

(f) The commission shall establish by rule a schedule of fees to pay for the administration of this article.

(a) It is a misdemeanor for any person to install, allow to be installed, occupy, or allow to be occupied, any manufactured home or manufactured building in this state which is not in accordance with the uniform standards and the rules and regulations adopted and set forth by the commission pursuant to this article.

(b) The commission is authorized to suspend the tag issued under Section 40-12-255 of any person violating either subsection (a) or (b) of Section 24-5-32, and shall be authorized to levy a civil penalty up to $500.00 against any person found in violation of subsection (a) of Section 24-5-32. The commission is moreover authorized to levy a civil penalty up to $500.00 against any installer or installation personnel violating either subsection (a) or (b) of Section 24-5-32 or the rules and regulations adopted and set forth by the commission pursuant to this article. Persons subjected to the operation of this subsection shall be given a hearing by the commission on application therefor, and shall be notified of the availability of a hearing by the commission on imposition of a penalty.

(c) In addition to other penalties provided by law, the commission and district attorneys are authorized to apply to the circuit courts within their respective jurisdictions, and such courts shall have jurisdiction, upon hearing and for cause shown, to grant appropriate additional relief to prevent or restrain violations of this article.

This article shall not repeal any local act, general law of local application or municipal ordinance where provisions thereof have standards, qualifications and requirements for the anchoring of mobile homes equal to or higher than those provided in this article, and such laws, acts or ordinances shall remain entirely in full force and effect.

No person may sell or offer to sell in the state any new mobile home for use in this state manufactured after May 28, 1980, unless:

(1) A label of approval has been permanently affixed to the mobile home; and

(2) It bears a certification by the manufacturer that the new mobile home to which the label is attached meets or exceeds the Uniform Standards Code.

No person may manufacture in this state any mobile home after May 28, 1980, unless it bears a label and certification, certifying that the mobile home meets or exceeds the Uniform Standards Code.

(a) Any manufacturer or dealer within or without this state shall apply for a license to sell mobile homes in this state.

(b) Applications shall be obtained from and submitted to the commission.

(c) The original license fee and the renewal fee shall be established by the commission by rule pursuant to Section 24-6-4. Each sales or manufacturing location shall be required to be licensed at the same rate and basis as others. The license shall be valid from January 1 until December 31 of the year in which the license was issued or until revoked as provided in this section.

(d) Any license may be revoked or suspended by the commission for violation of the provisions of this article, or rules and regulations or standards or codes or specifications adopted pursuant hereto. The commission shall notify the licensee in writing of the reasons why the commission intends to revoke or suspend the license, and the licensee shall be entitled to a hearing before the commission within 10 days after receipt of the notice of intention to revoke or suspend. At the hearing the commission shall consider the circumstances and shall give the licensee reasonable time, but not less than 30 days, to correct the conditions or circumstances that caused the notice of intention to revoke or suspend the license to be given.

A new mobile home which does not bear the label required by this article shall not be offered for sale by any manufacturer or dealer anywhere within the geographical limits of this state.

(a) The commission shall cause to be inspected, at such times as it may deem proper, any place or establishment within this state where mobile homes are manufactured, sold or offered for sale, for the purpose of ascertaining whether the requirements of this article and the regulations of the commission have been met.

(b) The commission or its duly authorized representatives, may cause products or parts or portions thereof to be analyzed or tested by the state agent or its duly authorized agency. Such analysis or test records may be preserved by the commission, and when sworn to by the state testing agent or its duly authorized agency, shall be prima facie evidence of violations of this article or rules and regulations or standards or codes or specifications adopted pursuant to this article.