Assembly Bill No. 262–Assemblymen Manendo, Giunchigliani, Koivisto, McClain, Chowning, Anderson, Arberry, Atkinson, Buckley, Carpenter, Christensen, Claborn, Collins, Conklin, Geddes, Gibbons, Goicoechea, Goldwater, Grady, Horne, Knecht, Leslie, McCleary, Mortenson, Oceguera, Ohrenschall, Parks, Perkins, Pierce, Sherer and Williams

 

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AN ACT relating to housing; providing for the inspection of, and the issuance of certificates of occupancy for, factory-built housing and manufactured buildings by the Manufactured Housing Division of the Department of Business and Industry in certain counties under certain circumstances; authorizing the Division to establish certain fees; providing for the classification of mobile, manufactured and factory-built homes on leased land as real property for purposes of property taxes under certain circumstances; establishing liability for the unlawful removal of a mobile or manufactured home which has been converted to real property; authorizing certain dealers of new manufactured homes to contract with licensed providers of services to perform work pertinent to the sale, installation and occupancy of manufactured homes; revising provisions governing the licensure of limited servicemen who provide services relating to the installation and repair of manufactured homes; clarifying the applicability of certain statutory provisions regarding deceptive trade practices to a mobile or manufactured home; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1. NRS 461.260 is hereby amended to read as follows:

    461.260  1.  [Local] In a county whose population is 400,000

or more, localenforcement agencies shall enforce and inspect the

installation of factory-built housing and manufactured buildings.

    2. In a county whose population is less than 400,000, local

enforcement agencies may enforce and inspect the installation of

factory-built housing and manufactured buildings. If a local

enforcement agency fails or refuses to enforce and inspect the

installation of any factory-built housing or manufactured building

in its jurisdiction within 10 days after receipt of a request to

inspect the installation, the Division shall enforce and inspect the

installation.

    3.  Local use zone requirements, local fire zones, building

setback, side and rear yard requirements, site development and

property line requirements, as well as the review and regulation of

architectural and aesthetic requirements are hereby specifically and

entirely reserved to local jurisdictions notwithstanding any other

requirement of this chapter.

    [3.] 4.  If, upon a final inspection conducted pursuant to

subsection 2, the Division determines that the factory-built

housing or manufactured building meets all requirements

established for the installation of the factory-built housing or

manufactured building and all applicable requirements described

in subsection 3, the Division shall issue a certificate of occupancy

for the factory-built housing or manufactured building. The

Division may adopt such regulations as it determines necessary to

carry out its duties pursuant to this section. The regulations may

establish fees for inspections and the issuance of certificates of

occupancy.

    5.  A local government authority may inspect Nevada

manufacturers of factory-built housing or manufactured buildings to

ensure compliance with all the provisions of NRS 461.170. Before

conducting an initial inspection of any such manufacturer, a local

government authority must give 10 days’ written notice to the

Administrator of the Division. The local government authority is not

required to give notice to the Administrator before conducting

subsequent inspections of the manufacturer.

    Sec. 2.  NRS 361.244 is hereby amended to read as follows:

    361.244  1.  A mobile or manufactured home is eligible to

become real property if it becomes permanently affixed to land

which is [owned] :

    (a) Owned by the owner of the mobile or manufactured home

[.] ; or

    (b) Leased by the owner of the mobile or manufactured home

if the home is being financed in accordance with the guidelines of

the Federal Home Loan Mortgage Corporation, the Federal

National Mortgage Association, the United States Department of

Agriculture, or any other entity that requires as part of its

financing program restrictions on ownership and actions affecting

title and possession similar to those required by the Federal Home

Loan Mortgage Corporation, the Federal National Mortgage

Association and the United States Department of Agriculture.

    2.  A mobile or manufactured home becomes real property

when the assessor of the county in which the mobile or

manufactured home is located has placed it on the tax roll as real

property. Except as otherwise provided in subsection 5, the assessor

shall not place a mobile or manufactured home on the tax roll until:

    (a) He has received verification from the Manufactured Housing

Division of the Department of Business and Industry that the mobile

or manufactured home has been converted to real property;

    (b) The unsecured personal property tax has been paid in full for

the current fiscal year;

    (c) An affidavit of conversion of the mobile or manufactured

home from personal to real property has been recorded in the county

recorder’s office of the county in which the mobile or manufactured

home is located; and

    (d) The dealer or owner has delivered to the division a copy of

the recorded affidavit of conversion and all documents relating to

the mobile or manufactured home in its former condition as personal

property.

    3.  A mobile or manufactured home which is converted to real

property pursuant to this section shall be deemed to be a fixture and

an improvement to the real property to which it is affixed.

    4.  Factory-built housing, as defined in NRS 461.080,

constitutes real property if it becomes, on or after July 1, 1979,

permanently affixed to land which is [owned] :

    (a) Owned by the owner of the factory-built housing[.] ; or

    (b) Leased by the owner of the factory-built housing if the

factory-built housing is being financed in accordance with the

guidelines of the Federal Home Loan Mortgage Corporation,

the Federal National Mortgage Association, the United States

Department of Agriculture, or any other entity that requires as

part of its financing program restrictions on ownership and

actions affecting title and possession similar to those required by

the Federal Home Loan Mortgage Corporation, the Federal

National Mortgage Association and the United States Department

of Agriculture.

    5.  The assessor of the county in which a manufactured home is

located shall, without regard to the conditions set forth in

subsection 2, place the manufactured home on the tax roll as real

property if, on or after July 1, 2001, the manufactured home is

permanently affixed to a residential lot pursuant to an ordinance

required by NRS 278.02095.

    6.  The provisions of subsection 5 do not apply to a

manufactured home located in:

    (a) An area designated by local ordinance for the placement of a

manufactured home without conversion to real property;

    (b) A mobile home park; or

    (c) Any other area to which the provisions of NRS 278.02095 do

not apply.

    7.  For the purposes of this section, “land which is owned”

includes land for which the owner has a possessory interest resulting

from a life estate, lease or contract for sale.

    Sec. 3.  NRS 361.2445 is hereby amended to read as follows:

    361.2445  1.  A mobile or manufactured home which has been

converted to real property pursuant to NRS 361.244 may not be

removed from the real property to which it is affixed unless, at least

30 days before removing the mobile or manufactured home:

    (a) The owner:

        (1) Files with the Division an affidavit stating that the sole

purpose for converting the mobile or manufactured home from real

to personal property is to effect a transfer of the title to the mobile or

manufactured home;

        (2) Files with the Division the affidavit of consent to the

removal of the mobile or manufactured home of each person who

holds any legal interest in the real property to which the mobile or

manufactured home is affixed; and

        (3) Gives written notice to the county assessor of the county

in which the real property is situated; and

    (b) The county assessor certifies in writing that all taxes for the

fiscal year on the mobile or manufactured home and the real

property to which the mobile or manufactured home is affixed have

been paid.

    2.  The county assessor shall not remove a mobile or

manufactured home from the tax rolls until:

    (a) He has received verification that there is no security interest

in the mobile or manufactured home or the holders of security

interests have agreed in writing to the conversion of the mobile or

manufactured home to personal property; and

    (b) An affidavit of conversion of the mobile or manufactured

home from real to personal property has been recorded in the county

recorder’s office of the county in which the real property to which

the mobile or manufactured home was affixed is situated.

    3.  A mobile or manufactured home which is physically

removed from real property pursuant to this section shall be deemed

to be personal property immediately upon its removal.

    4.  The Department shall adopt:

    (a) Such regulations as are necessary to carry out the provisions

of this section; and

    (b) A standard form for the affidavits required by this section.

    5.  Before the owner of a mobile or manufactured home that has

been converted to personal property pursuant to this section may

transfer ownership of the mobile or manufactured home, he must

obtain a certificate of ownership from the Division.

    6.  For the purposes of this section, the removal of a mobile or

manufactured home from real property includes the detachment of

the mobile or manufactured home from its foundation, other than

temporarily for the purpose of making repairs or improvements to

the mobile or manufactured home or the foundation.

    7.  An owner who physically removes a mobile or

manufactured home from real property in violation of this section

is liable for all legal costs and fees, plus the actual expenses,

incurred by a person who holds any interest in the real property to

restore the real property to its former condition. Any judgment

obtained pursuant to this section may be recorded as a lien upon

the mobile or manufactured home so removed.

    8.  As used in this section:

    (a) “Division” means the Manufactured Housing Division of the

Department of Business and Industry.

    (b) “Owner” means any person who holds an interest in the

mobile or manufactured home or the real property to which the

mobile or manufactured home is affixed evidenced by a conveyance

or other instrument which transfers that interest to him and is

recorded in the office of the county recorder of the county in which

the mobile or manufactured home and real property are situated, but

does not include the owner or holder of a right-of-way, easement or

subsurface property right appurtenant to the real property.

    Sec. 4.  Chapter 489 of NRS is hereby amended by adding

thereto a new section to read as follows:

    1.  A dealer of new manufactured homes who is licensed

pursuant to chapter 624 of NRS may enter into written agreements

pursuant to which appropriately licensed providers of service

agree to perform work pertinent to the sale, installation and

occupancy of a manufactured home. If such a dealer enters into

such a written agreement, the dealer is responsible for the

workmanship and completion of all parts of the project involving

the sale, installation and occupancy of the manufactured home,

including, without limitation, any work performed by a provider of

service pursuant to the written agreement.

    2.  A dealer of new manufactured homes, regardless of

whether he is licensed pursuant to chapter 624 of NRS, shall not

require a buyer of a manufactured home to obtain services to be

performed pertinent to the sale, installation or occupancy of the

manufactured home from a specific provider. The dealer shall

disclose to the buyer in writing the fact that the dealer is

prohibited from requiring the buyer to obtain such services from a

specific provider of services.

    3.  As used in this section, “provider of services” means any

person who performs work pertinent to the sale, installation and

occupancy of a new manufactured home.

    Sec. 5.  NRS 489.325 is hereby amended to read as follows:

    489.325  1.  The Administrator may adopt regulations which

provide for the creation of a subclass of licensure for servicemen. A

person licensed as a limited serviceman pursuant to this section

must be limited in the scope of the work he may perform to

installation or repair in one of the following categories:

    (a) Awnings, roofing or skirting;

    (b) Plumbing;

    (c) Heating and air-conditioning systems; [or]

    (d) Electrical systems[.] ; or

    (e) Any other category that may be similarly licensed by the

State Contractors’ Board.

    2.  The Administrator shall provide in those regulations for:

    (a) The imposition of reasonable fees for application,

examination and licensure.

    (b) The creation and administration of a written or oral

examination for each category of limited licensure.

    (c) Minimum qualifications for such a license, including,

without limitation, the passage of the applicable examination.

    3.  A person who is licensed as a limited serviceman shall

comply with each statute and regulation which applies to

servicemen, including, without limitation, the payment of a fee

required pursuant to subparagraph 1 of paragraph (c) of subsection 2

of NRS 489.4971.

    Sec. 6.  Chapter 598 of NRS is hereby amended by adding

thereto a new section to read as follows:

    “Goods” includes, without limitation, a mobile or

manufactured home which:

    1.  Is not affixed to land; or

    2.  Is affixed to land and sold, leased or offered for sale or

lease separately from the land to which it is affixed.

    Sec. 7.  NRS 598.0903 is hereby amended to read as follows:

    598.0903  As used in NRS 598.0903 to 598.0999, inclusive,

unless the context otherwise requires, the words and terms defined

in NRS 598.0905 to 598.0947, inclusive, and section 6 of this act

have the meanings ascribed to them in those sections.

    Sec. 8.  This act becomes effective on July 1, 2003.

 

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