CHAPTER 27. HEALTH, SANITATION, AND SAFETY: MOBILE HOMES
IC 16-41-27
Chapter 27. Health, Sanitation, and Safety: Mobile Homes
IC 16-41-27-1
Authority of state department of health
Sec. 1. This chapter recognizes mobile homes and manufacturedhomes as suitable and necessary dwelling units in Indiana. The statedepartment may do the following:
(1) Require reasonable standards of health, sanitation, andsafety in using the dwelling units.
(2) Require:
(A) persons dwelling in mobile homes and manufacturedhomes; and
(B) mobile home community operators;
to comply with the standards.
(3) Authorize local boards to enforce the standards adopted.
As added by P.L.2-1993, SEC.24. Amended by P.L.87-2005, SEC.4.
IC 16-41-27-2
Repealed
(Repealed by P.L.144-1996, SEC.15.)
IC 16-41-27-3
Local board
Sec. 3. As used in this chapter, "local board" means a local agencyof government authorized to enforce the standards of health andsanitation prescribed for:
(1) mobile homes and manufactured homes; and
(2) mobile home communities by the state department.
As added by P.L.2-1993, SEC.24. Amended by P.L.87-2005, SEC.5.
IC 16-41-27-3.5
Manufactured home
Sec. 3.5. As used in this chapter, "manufactured home" has themeaning set forth in IC 22-12-1-16.
As added by P.L.87-2005, SEC.6.
IC 16-41-27-4
Mobile home
Sec. 4. As used in this chapter, "mobile home" means a dwelling,including the equipment sold as a part of the dwelling, that:
(1) is factory assembled;
(2) is transportable;
(3) is intended for year-round occupancy;
(4) is designed for transportation on its own chassis; and
(5) was manufactured before the effective date of the federalManufactured Housing Construction and Safety Standards Lawof 1974 (42 U.S.C. 5401 et seq.).
As added by P.L.2-1993, SEC.24. Amended by P.L.87-2005, SEC.7.
IC 16-41-27-5
Mobile home community
Sec. 5. (a) As used in this chapter, "mobile home community"means one (1) or more parcels of land:
(1) that are subdivided and contain individual lots that areleased or otherwise contracted;
(2) that are owned, operated, or under the control of one (1) ormore persons; and
(3) on which a total of at least five (5) mobile homes ormanufactured homes are located for the purpose of beingoccupied as principal residences.
(b) The term includes the following:
(1) All real and personal property used in the operation of themobile home community.
(2) A single parcel of land.
(3) Contiguous but separately owned parcels of land that arejointly operated.
(4) Parcels of land:
(A) that are separated by other parcels of land; and
(B) that are:
(i) jointly operated; and
(ii) connected by a private road.
(5) One (1) or more parcels of land, if at least two (2) of themobile homes or manufactured homes located on the land are:
(A) accessible from a private road or interconnected privateroads;
(B) served by a common water distribution system; or
(C) served by a common sewer or septic system.
As added by P.L.2-1993, SEC.24. Amended by P.L.87-2005, SEC.8;P.L.1-2007, SEC.140.
IC 16-41-27-6
Repealed
(Repealed by P.L.87-2005, SEC.40.)
IC 16-41-27-7
Repealed
(Repealed by P.L.87-2005, SEC.40.)
IC 16-41-27-8
Rules
Sec. 8. (a) Except as provided in subsection (b), the statedepartment may adopt rules under IC 4-22-2 to carry out this chapter,including rules for the following:
(1) Health, sanitation, and safety.
(2) Sewage collection.
(3) Sewage disposal through septic tank absorption fields.
(b) The water board shall adopt rules under IC 4-22-2 concerningthe following:
(1) Public water supplies required for mobile home
communities.
(2) Sewage disposal systems other than septic tank absorptionfields.
As added by P.L.2-1993, SEC.24. Amended by P.L.87-2005, SEC.9.
IC 16-41-27-9
Mobile home community attendants and caretakers
Sec. 9. A mobile home community must be in the personal chargeof an adult attendant or caretaker designated by the owner oroperator of the mobile home community at the times when mobilehomes and manufactured homes in the mobile home community areoccupied by tenants. The caretaker present at the time of a violationof this chapter is equally responsible with the owner or operator ofthe mobile home community for a violation of this chapter.
As added by P.L.2-1993, SEC.24. Amended by P.L.87-2005, SEC.10.
IC 16-41-27-10
Mobile home community water supplies
Sec. 10. A mobile home community shall provide a water supplythrough the use of a public water system if the water supply isreasonably available within a reasonable distance from the mobilehome community. A mobile home community is not required to usea public water system if the water system is more than two thousand(2,000) feet from the mobile home community. If a public watersystem is not available, water shall be provided by a system approvedby the environmental commissioner under rules adopted by the waterpollution control board.
As added by P.L.2-1993, SEC.24. Amended by P.L.184-2002,SEC.27; P.L.87-2005, SEC.11.
IC 16-41-27-11
Mobile home community sewage disposal
Sec. 11. (a) A mobile home community shall dispose of sewagethrough the use of a public sewerage system if the sewerage systemis available within a reasonable distance from the mobile homecommunity. If a public sewerage system is not available, sewage maybe disposed of in accordance with rules adopted under section 8 ofthis chapter. A water carriage system of collecting sewage shall beused. The mobile home community operator shall require the ownerof a mobile home to provide a watertight and odor-tight connectionof a type acceptable to the state department under rules adopted bythe state department.
(b) All occupied mobile homes and manufactured homes shall beconnected to the sewerage system of the mobile home community atall times. All sewer connections not in use must be closed in amanner that does not:
(1) emit odor; or
(2) cause a breeding place for flies.
(c) Sewerage systems other than water carriage systems may notbe approved for a mobile home community, except nonwater carriage
systems may be provided for emergency use only during a temporaryfailure of a water or an electric system.
As added by P.L.2-1993, SEC.24. Amended by P.L.87-2005, SEC.12.
IC 16-41-27-12
Mobile home community garbage disposal
Sec. 12. Suitable garbage containers or a garbage disposal systemand trash containers shall be made available in a sanitary manner toeach occupied mobile home and manufactured home. The garbageand trash of the mobile home community must be disposed of in amanner approved by the state department.
As added by P.L.2-1993, SEC.24. Amended by P.L.142-1995,SEC.25; P.L.87-2005, SEC.13.
IC 16-41-27-13
Repealed
(Repealed by P.L.142-1995, SEC.32.)
IC 16-41-27-14
Repealed
(Repealed by P.L.142-1995, SEC.32.)
IC 16-41-27-15
Streets and parking
Sec. 15. Streets must be at least ten (10) feet wide and sufficientlywide to prevent vehicular and pedestrian traffic problems. Adequatearea must be provided for the parking of vehicles. All roads in amobile home community shall be maintained to be dust proof. Eachmobile home and manufactured home in a mobile home communityshall have ready and free access to the road in a community.
As added by P.L.2-1993, SEC.24. Amended by P.L.87-2005, SEC.14.
IC 16-41-27-16
Animal control
Sec. 16. Domestic animals and house pets may not be permittedto run at large or commit a nuisance within the limits of a mobilehome community.
As added by P.L.2-1993, SEC.24. Amended by P.L.87-2005, SEC.15.
IC 16-41-27-16.6
Mobile home park weather radios and smoke detectors
Sec. 16.6. (a) Each year during National Fire Prevention Week,the operator of a mobile home community is encouraged to providea written reminder to the owners of all manufactured homes in themobile home community to replace the batteries in all weather radiosand smoke detectors contained in their manufactured homes.
(b) Any reminder, assistance, or instructions provided by anoperator of a mobile home community concerning the function of aweather radio or smoke detector contained in a manufactured homeshall not subject the operator or an owner or employee of the mobile
home community to liability for the functionality of that weatherradio or smoke detector.
As added by P.L.31-2007, SEC.1.
IC 16-41-27-17
Lighting
Sec. 17. Every part of a mobile home community must be lightedat night.
As added by P.L.2-1993, SEC.24. Amended by P.L.142-1995,SEC.26; P.L.87-2005, SEC.16.
IC 16-41-27-18
License requirement
Sec. 18. A mobile home community may not be operated withoutobtaining a license from the state department.
As added by P.L.2-1993, SEC.24. Amended by P.L.87-2005, SEC.17.
IC 16-41-27-19
License duration
Sec. 19. A license to operate a mobile home community shall beissued for four (4) years and expires at midnight on December 31.
As added by P.L.2-1993, SEC.24. Amended by P.L.87-2005, SEC.18.
IC 16-41-27-20
License application
Sec. 20. (a) An application for a license to operate a mobile homecommunity must be made to the state department on a formprescribed and furnished by the state department, only after plans forthe mobile home community have been approved.
(b) If an operator does not apply for the renewal of a licensebefore the date the license expires:
(1) the license expires on that date; and
(2) the operator must pay the penalty fee set forth in section24(b) of this chapter to obtain a new license.
As added by P.L.2-1993, SEC.24. Amended by P.L.87-2005, SEC.19.
IC 16-41-27-21
Temporary license
Sec. 21. The state department may license a temporary mobilehome community for a period of six (6) months and waive therequirements of this chapter if:
(1) the failure to comply with this chapter is:
(A) for a temporary period of time; and
(B) required by public convenience; and
(2) the operation of the mobile home community will notjeopardize the health and welfare of the occupants of the mobilehome community or the public.
As added by P.L.2-1993, SEC.24. Amended by P.L.87-2005, SEC.20.
IC 16-41-27-22 Mobile home community construction and alteration
Sec. 22. (a) The construction of a new mobile home communityor alteration of an existing mobile home community shall be madeonly after plans for the proposed construction or alteration have beenforwarded to and approved by the state department.
(b) A public water system may not be constructed or altered in anew or existing mobile home community until plans for theconstruction or alteration have been forwarded to and approved bythe environmental commissioner under rules adopted by the waterboard.
(c) A sewage collection and disposal system may not beconstructed or altered in a new or existing mobile home communityuntil:
(1) plans for construction or alteration of the sewage collectionsystem and any septic tank absorption field have beenforwarded to and approved by the state department under rulesadopted by the state department; and
(2) plans for construction or alteration of any sewage disposalsystem other than a septic tank absorption field have beenforwarded to and approved by the environmental commissionerunder rules adopted by the water board.
As added by P.L.2-1993, SEC.24. Amended by P.L.184-2002,SEC.28; P.L.87-2005, SEC.21.
IC 16-41-27-23
Mobile home park construction and alteration plan approval
Sec. 23. The state department or the environmental commissionershall, not more than ninety (90) days after filing, approve plans filedunder section 22 of this chapter that comply with this chapter andrules adopted under this chapter.
As added by P.L.2-1993, SEC.24.
IC 16-41-27-24
Inspection; penalties
Sec. 24. (a) An inspection fee must be submitted to the statedepartment with each license application. The fee is two hundreddollars ($200) for a total of not more than fifty (50) mobile home andmanufactured home sites and one hundred fifty dollars ($150) foreach increment of not more than fifty (50) additional sites. Units ofstate and local government are exempt from the fee.
(b) This subsection does not apply to an application made after anenforcement action. A penalty fee of two hundred dollars ($200) fora total of not more than fifty (50) mobile home and manufacturedhome sites and one hundred fifty dollars ($150) for each incrementof not more than fifty (50) additional sites may be imposed by thestate department for an application for license renewal filed after thelicense has expired.
As added by P.L.2-1993, SEC.24. Amended by P.L.168-2003, SEC.2;P.L.87-2005, SEC.22.
IC 16-41-27-25
Civil penalties and compliance orders
Sec. 25. (a) The state department shall adopt a schedule of civilpenalties that may be levied in an action to enforce the following:
(1) This chapter.
(2) The rules of the state department.
(3) The rules adopted under this chapter by the water board.
(b) A penalty included in the schedule of civil penalties adoptedunder subsection (a) may not exceed one thousand dollars ($1,000)per violation per day.
(c) The state department may issue an order of compliance,impose a civil penalty included in the schedule of civil penaltiesadopted under subsection (a), or both, against a person who:
(1) fails to comply with this chapter or a rule adopted under thischapter; or
(2) interferes with or obstructs the state department or the statedepartment's designated agent in the performance of dutiesunder this chapter.
(d) An order of compliance may be issued under IC 4-21.5-3-6,IC 4-21.5-3-8, or IC 4-21.5-4. A civil penalty may be imposed onlyin a proceeding under IC 4-21.5-3-8.
(e) A proceeding to impose a civil penalty may be consolidatedwith any other proceedings to enforce any of the following:
(1) This chapter.
(2) The rules of the state department.
(3) The rules adopted under this chapter by the water pollutioncontrol board.
As added by P.L.2-1993, SEC.24.
IC 16-41-27-26
Notice of adverse actions on licenses; enforcement proceedings
Sec. 26. (a) The state department shall provide a written notice toa mobile home community operator of the following:
(1) The revocation of the operator's license.
(2) The denial of the operator's application for a license.
(3) The denial of the approval of the construction or alterationof a mobile home community.
(b) The notice under subsection (a) must contain the following:
(1) A statement of the manner in which the operator has failedto comply with the law or rules of the state department.
(2) The length of time available to correct the violation.
(c) The state department may order an operator to comply withthis chapter or rules adopted under this chapter. If an operator failsto comply within the time specified by the order, the state departmentmay initiate proceedings to force compliance in the circuit court inthe county of the operator's residence or in the county where themobile home community is located. The court may grant appropriaterelief to ensure compliance with this chapter and rules adopted underthis chapter.
As added by P.L.2-1993, SEC.24. Amended by P.L.87-2005, SEC.23.
IC 16-41-27-27
Inspections
Sec. 27. The state department or a person designated by the statedepartment may at any reasonable time inspect the premises and takenecessary and reasonable steps in a mobile home community todetermine whether or not a mobile home community is in compliancewith this chapter and rules adopted under section 8 of this chapter.
As added by P.L.2-1993, SEC.24. Amended by P.L.144-1996, SEC.6;P.L.87-2005, SEC.24.
IC 16-41-27-28
Compliance with administrative adjudication procedures
Sec. 28. The state department shall comply with IC 4-21.5-3 in ahearing upon the revocation of a license or the refusal to grant alicense.
As added by P.L.2-1993, SEC.24.
IC 16-41-27-29
Liens
Sec. 29. (a) Subject to subsection (b), the owner, operator, orcaretaker of a mobile home community has a lien upon the propertyof a guest in the same manner, for the same purposes, and subject tothe same restrictions as an innkeeper's lien or a hotel keeper's lien.
(b) With regard to a lienholder:
(1) if the property has a properly perfected secured interestunder IC 9-17-6-7; and
(2) the lienholder has notified the owner, operator, or caretakerof the mobile home community of the lienholder's lien bycertified mail;
the maximum amount of the innkeeper's lien may not exceed theactual late rent owed for not more than a maximum of sixty (60) daysimmediately preceding notification by certified mail to the lienholderthat the owner of the property has vacated the property or isdelinquent in the owner's rent.
(c) If the notification to the lienholder under subsection (b)informs the lienholder that the lienholder will be responsible to theowner, operator, or caretaker of the mobile home community forpayment of rent from the time the notice is received until the mobilehome or manufactured home is removed from the mobile homecommunity, the lienholder is liable for the payment of rent thataccrues after the notification.
As added by P.L.2-1993, SEC.24. Amended by P.L.182-1993, SEC.1;P.L.87-2005, SEC.25.
IC 16-41-27-30
Ejections from mobile home communities
Sec. 30. The owner, operator, or caretaker of a mobile homecommunity may eject a person from the premises for any of thefollowing reasons:
(1) Nonpayment of charges or fees for accommodations. (2) Violation of law or disorderly conduct.
(3) Violation of a rule of the state department relating to mobilehome communities.
(4) Violation of a rule of the mobile home community that ispublicly posted within the mobile home community.
As added by P.L.2-1993, SEC.24. Amended by P.L.87-2005, SEC.26.
IC 16-41-27-31
Mobile home community register
Sec. 31. Each mobile home community operator shall maintain aregister open for the inspection of the state department or the statedepartment's representatives containing the following information foreach mobile home and manufactured home in a mobile homecommunity:
(1) The names and ages of all occupants.
(2) The name of the owner of the mobile home or manufacturedhome.
As added by P.L.2-1993, SEC.24. Amended by P.L.144-1996, SEC.7;P.L.87-2005, SEC.27.
IC 16-41-27-32
Licensing and regulation by local authorities prohibited
Sec. 32. (a) A governmental body other than the state departmentof health may not license or regulate mobile home communities,except for the following:
(1) Local boards may enforce the standards of health andsanitation prescribed for mobile homes, manufactured homes,and mobile home communities by the state department.
(2) County and municipal authorities within their respectivejurisdictions have jurisdiction regarding zoning and buildingcodes and ordinances pertaining to mobile home communities.
(3) Local boards may regulate the construction and operation ofgroups of a combined total of not more than four (4) mobilehomes and manufactured homes, in accordance with standardsthat are compatible with standards set by the state departmentfor mobile home communities.
(b) A governmental body other than the state department of healthmay not regulate mobile homes or manufactured homes regardinghabitability or minimum housing conditions unless the regulation isapplicable in the same manner to other forms of residential housingin the jurisdiction.
(c) A governmental body may not regulate or restrict the use,occupancy, movement, or relocation of a mobile home ormanufactured home based upon the age of the mobile home ormanufactured home.
As added by P.L.2-1993, SEC.24. Amended by P.L.87-2005, SEC.28.
IC 16-41-27-33
Transfer of licenses
Sec. 33. A license to engage in the operation of a mobile home
community is transferable only with the consent of the statedepartment. The state department may, upon application, cancel alicense issued for the operation of a mobile home community andissue a new license to the transferee for the balance of the licenseperiod.
As added by P.L.2-1993, SEC.24. Amended by P.L.87-2005, SEC.29.
IC 16-41-27-34
Unlicensed operation penalty
Sec. 34. A person who maintains or operates a mobile homecommunity:
(1) without a license; or
(2) after the revocation of a license;
commits a Class B misdemeanor.
As added by P.L.2-1993, SEC.24. Amended by P.L.87-2005, SEC.30.