This Part 2 shall be known as "Housing Standards
Applicable to Manufactured Homes and Manufactured Home Courts."
The purpose of this Part 2 is to provide basic
and uniform standards, in terms of performance objectives, implemented
by specific requirements governing the construction, occupancy and
maintenance of manufactured homes and manufactured home courts, and
to establish reasonable safeguards for the safety, health and welfare
of the occupants and users thereof.
This Part 2 shall apply to manufactured homes
used, or intended to be used, for year-round dwelling accommodations
in fixed locations and to manufactured home courts.
A.
The provisions of this Part 2 shall supersede local
laws, ordinances, codes or regulations to the extent that such laws,
ordinances, codes or regulations are inconsistent with the provisions
of this Part 2, provided that nothing herein contained shall be construed
to prevent the adoption and enforcement of a law, ordinance or regulation
which is more restrictive or establishes a higher standard than those
provided in this Part 2, and such more restrictive requirement or
higher standard shall govern during the period in which it is in effect.
B.
In a case where a provision of this Part 2 is found
to be in conflict with a provision of a Zoning, Building, Electrical,
Plumbing, Fire, Safety, Health, Water Supply or Sewage Disposal Law
or Ordinance, or regulation adopted pursuant thereto, or other local
law, ordinance, code or regulation, the provision or requirement which
is the more restrictive or which establishes the higher standard shall
prevail.
A.
Installations, alterations and repairs to manufactured
homes and manufactured home courts and materials, assemblies and equipment
utilized in connection therewith shall be reasonably safe to persons
and property and shall comply with applicable statutes of the State
of New York and orders, rules and regulations issued by authority
thereof.
B.
Except as otherwise provided in this Part 2, conformity
of installations, alterations and repairs of manufactured home court
buildings and their accessory structures, and of materials, assemblies
and equipment utilized in connection with such buildings and structures,
with the applicable requirements of the New York State Uniform Fire
Prevention and Building Code shall be prima facie evidence that such
work, material, assembly or equipment is reasonably safe to persons
and property.
No person shall maintain or operate a manufactured
home court which falls within the purview of Chapter VII of the New
York State Sanitary Code without first having obtained a permit from
the State or County Health Department office having jurisdiction.
The following definitions shall apply in the
interpretation of this Part 2:
A structure, the use of which is incidental to that of the
manufactured home and which is attached thereto or located on the
same manufactured home lot. "Accessory structures" include, but are
not limited to, portable, demountable or permanent enclosures, shade
structures and carports.
Approved by the administrative officer under the regulations
of this Part 2, or approved by an authority designated by law or this
Part 2.
An area or space within a manufactured home court, including
fences, walls and other minor constructions, which is designed for
joint use of occupants or restricted to nonresidential use.
A structure within a manufactured home court providing laundry,
toilet, recreation, parking or other common facilities, including
management office and storage buildings.
A specification, code, rule, guide or procedure in the field
of construction of manufactured homes or manufactured home courts
or related thereto, recognized and accepted as authoritative.
Space used for living, sleeping, eating or cooking purposes,
excluding kitchenettes, bathrooms, toilet rooms, storage spaces and
enclosures for equipment installations.
A factory-manufactured dwelling unit built on or after June
15, 1976, and conforming to the requirements of the Department of
Housing and Urban Development (HUD), Manufactured Home Construction
and Safety Standards, 24 CFR Part 3208, 4/1/93, transportable in one
or more sections, which in the traveling mode is eight feet (2,438
mm) or more in width or 40 feet (12,192 mm) or more in length or,
when erected on site, is 320 square feet (29.7 m2) minimum, constructed on a permanent chassis and designed to be
used with or without a permanent foundation when connected to the
required utilities and includes the plumbing, heating, air-conditioning
and electrical systems contained therein. The term "manufactured home"
shall also include any structure that meets all the requirements of
this definition except the size requirements and with respect to which
the manufacturer voluntarily files a certification required by the
Federal Department of Housing and Urban Development and complies with
the standards established under the national Manufactured Housing
Construction and Safety Act of 1974, as amended. The term "manufactured
home" shall not include any self-propelled recreational vehicle.
A parcel of land which has been planned and improved for
the placement of two or more manufactured homes.
A designated site within a manufactured home court for the
exclusive use of the occupants of a single manufactured home.
That part of an individual manufactured home lot which has
been reserved for the placement of the manufactured home.
Manufactured home electrical, plumbing, heating, ventilating
and air-conditioning systems and equipment used for living purposes,
including cooking and refrigeration equipment.
A paved outdoor living space designed to supplement the manufactured
home living area.
A movable unit designed for short-term occupancy and frequent
travel, equipped with a chassis, which either has its own motive power
or is mounted on or drawn by another vehicle.
An enclosed space designed to provide auxiliary general storage
space for an individual manufactured home.
