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HomeMy WebLinkAbout1986 03.31 City Council Work Session Agenda OW:HEJ Gti0 O 4R/ZONP `Oit o Cpache cOunction APACHE JUNCTION CITY COUNCIL WORK SESSION CITY COUNCIL CHAMBERS 1001 N. IDAHO ROAD, APACHE JUNCTION, AZ , MONDAY, MARCH 31, 1986, 7 :00 P .M. TUESDAY, APRIL 1, 1986, 6:00 P.M. ( if required) AGENDA 1. Call to Order 2 . Roll Call 3. Discussion of agenda items for regular meeting of April 1, 1986 4 . Presentation of storm drain and sanitary sewer reports; presentation on state requirements for water quality reports (Public Works ) 5 . Presentation by Mr. John Allanson -- 3rd Quarter Community Foundation Progress Report 6 . Discussion on HUD Study Committee Overview (Planning) 7 . Discussion on special City Council and Planning and Zoning Commission work session on goals and objectives for the General Plan (Planning) 8 . Discussion on planning and zoning recommendations in the zone of influence (Councilman Baljo) 9 . Discussion on utility franchise tax (Vice Mayor Bakkedahl) 10 . City Manager status report 11. Calendar reports 12 . Requests for future agenda items 13 . Reminder of scheduled Executive Session 14 . Adjournment 1001 NORTH IDAHO • APACHE JUNCTION, ARIZONA 85219 • TELEPHONE (602) 982-8002 PQACHF✓G n 2 p 0 .- 3 Yi - z ti 1RIZpNP c6ity 4 04pache 09unctian DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT .mk March 20, 1986 MEMORANDUM T • HONORABLE MAYOR AND CITY COUNCIL THROUGH: `>,'MICHAEL J. MCNULTY, CITY MANAGER THROUGH: CHUCK NEWCOMER, DIRECTOR OF PLANNING FROM: qCx' RODNEY CLASS-ERICKSON, PLANNING ASSISTANT SUBJECT: AGENDA ITEM - CITY COUNCIL WORK SESSION - MARCH 31 , 1986 HUD STUDY COMMITTEE OVERVIEW The HUD Study Committee, as appointed, consists of the following members: Sonny Rickles - Chairman Elect Eldon Cox - Secretary Elect Don Reville George Sproul Richard Buettner Howard Bennett The Study Committee met on February 12th, 21st, and 28th, 1986 in the Planning Department Conference Room. All committee members were present at the meetings. Staff was available and did provide information and assistance as requested by the committee. 'ft' Preliminary to the meetings, staff prepared and/or provided the following for con- sideration and review by the committee: 1 . Task assignment. 2. Memo of October 1 , 1985 to the City Council describing the proposed amendment to the City Code addressing HUD Standard requirements. 3. Table describing restrictive requirements imposed by other political subdivisions in Arizona. 4. Graph detailing the historic issuance of permits for single family and mobile home set-ups between January 1981 and December 1985. 5. Table detailing, by year, the number of permits issued for single family and mobile homes and the resultant yearly and cumulative ratio of single family permits to mobile home permits. 1001 NORTH IDAHO • APACHE JUNCTION, ARIZONA 85220-0190 • TELEPHONE (602) 982-8002 HONORABLE MAYOR AND C. COUNCIL AGENDA ITEM - MARCH 31 , 1986 WORK SESSION HUD STUDY COMMITTEE OVERVIEW MARCH 20, 1986 PAGE TWO 6. Graph detailing the monthly average of permits issued for single family dwellings and mobile homes by year and for the five year period between 1981-1985. 7. Table detailing population projections through 1995 with the projected increase in residential units and the resultant projected number of permits issued for single family and mobile homes (based on 1 :3 ratio) . 8. 1984 and 1985 fire or hazardous condition incidents involving mobile homes. 9. A summary of the Manufactured Home Construction and Safety Standard (HUD Standard) . 10. Pamphlet from the Federal Emergency Management Agency prepared by the National Fire Data Center which cites an in-depth study conducted by the data center; the study concludes that the HUD Standard has been effective in reducing deaths, injuries, and property loss in mobile home fires. 11 . Copies of Arizona Rehabilitation Standards for fire and life safety, effective date June 1 , 1985. The committee chairman, Sonny Rickles, will be present at the March 31 , 1986 City Council Work Session to report on the findings of the committee. MJM:CRN:RC-E:jo p March 10, 1986 ,,\ Dear Council Members: As chairman of the zoning study committee, I wish to assure the council that this committee has diligently applied itself to the task you assigned it. The committee has had three formal meetings, at which time it had the opportunity to examine and review statistical data provided by staff and to take testimony from a variety of sources. The committee focused attention on its main areas of concern which were the health, safety and welfare for the citizens of Apache Junction. On the subject of welfare our interest centered on the availability of affordable housing. We did not want to adversely affect the economy of Apache Junction, or its residents through the possible development of a restrictive ordinance, and which might, additionally, impact on future growth. In the area of health and safety the opportunity to review statistical data, as well as testimony from the fire department, assisted the committee in deliberations. Some of the significant facts made available to the committee were: 1. There has not been a life lost as a result of a fire in either a manufactured/mobile home or site built home in Apache Junction. 2. The number of home fires is in direct proportion to the relationship .►, of manufactured mobile homes to site built homes. (The current ratio is approximately 3 to 1) . 3. The causes of fires reviewed generally were the result of human error, with nothing to distinguish one form of construction over another or the age of the home having any direct bearing on the origin of the fire. 4. The only data available reflecting homes entering the city was for a two week period in February. During this time nine (9) manufactured home installation permits were issued and all of these homes were manu- factured in or after 1976, which would mean that they were all built to the HUD standard. Pra: !:47 p D ' 1ms f r(1 _,f3 !;: .' A;s•,' EL.JT•IY':C��f AN lk p As a result of this and other available information, the one and only recom- mendation of the committee is to take no action. There is no statistical or demonstrated need to draft an ordinance. Consequently, any action taken and based on what is currently known would be inappropriate and unnecessary. In regard to the facts presented, it is recognized by the committee that the actual hard data necessary to provide a more thorough analysis was not available. Staff has already begun to accumulate data in a form that might be used to more effectively evaluate this issue. It is suggested that this addi- tional information could be combined with the environmental study, and be pre- sented to Council this summer for possible revaluation. In addition to the one and only recommendation made by the committee the following options were discussed, and are made available to the Council for their consideration. *1. All mobile homes entering Apache Junction and wishing installa- tion on private land must bear the State of Arizona Rehabilitation Insignia prior to being issued a permit for installation. Mobile homes entering the City and wishing to locate other than on private land will not be required to bear the Rehabilitation Insignia. *2. All mobile homes entering Apache Junction will bear the State of Arizona Rehabilitation Insignia, regardless of where the home is to be installed. * (These options are based on the utilization of state statutes addressing rehabilitation of mobile homes and the definition found in Title 32, Chapter 10.1, Article 1 and 2 as well as the rules and regulations promulgated in support of the statutes located in R4-34-101 thru 1001. A copy of the pertinent portion of these statu- tes and the rules and regulations is attached. As a side note it is suggested that current definitions used by the City be reviewd and changed to be compatible with the State and Federal Government) . The committee felt, that as a part of either option #1 or #2 from above, that '"` any mobile home that can provide evidence they are currently located within Apache Junction, may relocate to either private or non-private land without obtaining a Rehabilitation Insignia. (Grandfather Clause) In addition to the aformentioned options there was an additional area of discussion. This optional issue would have all mobile homes, regardless of where they are currently located or wish to locate, acquire the Rehabilitation Insignia. It was the unanimous opinion of the committee that the negative economic impacts of this position far outweighed any facts available to sup- port it. This is not presented as an option, but is addressed so that the Council would be aware it had been discussed and rejected. Speaking in behalf of my committee I wish to thank the Council for the cooperation and assistance it provided through its staff, and the opportunity of assisting in the review of current or possible ordinance affecting manufac- tured/mobile homes in the City Apache Junction. I and members of the commit- tee will make ourselves available to discuss our report and its findings when this issue is brought before the Council . I again wish to thank the Council for the opportunity of serving with this AM iak committee, and will gladly offer my assistance in the future on similar or other issues affecting the Manufactured Home Industry. Sincerely, S 6-Q-:4-'°-•"46' Sonny Rickles, Chairman HUD Study Committee SR/DAR:cg cc: HUD Committee Members City Manager Building and Zoning Department p AFTER 34 BOARD OF MANUFACTURED HOUSING (Authority A R S §32-1175 et seq ) Laws 1981, Ch 298 establishes the Office of Manufactured Housing and the Board of Manufactured Housing to replace the Division of Mobile and Manufactured Housing Standards formerly within the Office of the Registrar of Contractors ARTICLE 1. MANUFACTURING STANDARDS AND CODES Sec R4-34-101 Manufactured homes R4-34-102 Recreational vehicles and subassemblies R4-34-103. Factory-built buildings and subassemblies R4-34-104 Alterations standards R4-34-105 Reconstruction of units R4-34-106 Rehabilitation of mobile homes ARTICLE 2. INSTALLATION STANDARDS AND CODES A R S §32-1178.01 R4-34-201 General R4-34-202 Manufactured home installation standards and codes R4-34-203 Accessory structures R4-34-204 Copies of referenced codes ARTICLE 3. LICENSE R4-34-301 General R4-34-302 Manufacturers R4-34-303 Dealers and brokers R4-34-304 Installers ARTICLE 4. LICENSE SCOPES R4-34-401 Manufacturers. R4-34-402 Dealers R4-34-403 Installers ARTICLE 5. BOND REQUIREMENTS R4-34-501 Surety bond forms R4-34-502 Cash deposit provisions 1 Supp.85-4 8/31/85 Aisoak ^. COMMERCE, PROFESSIO. AND OCCUPATIONS Title 4 ARTICLE 6. FEES .oft. R4-34-601 License fee and bond amount R4-34-602 Insignia of approval fees R4-34-603 Inspection and technical service fees R4-34-604 Reimbursement of travel cost R4-34-605 Plan and supplement approval fees R4-34-606 Installers permits and insignia fees R4-34-607 HUD monitonng inspection fees R4-34-608 HUD label administrative fees. �^ R4-34-609 Administrative function fees R4-34-610. Mobile home rehabilitation permit, insignia of approval, inspection fee,and waiver fee ARTICLE 7. PLAN APPROVALS R4-34-701 General R4-34-702. Quality assurance manuals R4-34-703 Drawings and specifications R4-34-704. Alteration or reconstruction approvals R4-34-705 Plant certification. R4-34-706. Ground anchonng approvals ARTICLE 8. TRUST OR ESCROW ACCOUNTS R4-34-80 I General R4-34-802 Earnest money deposit requirements R4-34-803 Trust or escrow account controls R4-34-804 Disposition of controls. ARTICLE 9. INSPECTION AND TECHNICAL SERVICE R4-34-901 Manufactunng locations R4-34-902 Dealer facilities. R4-34-903 Installation of manufactured homes and accessory structures R4-34-904 Technical service ARTICLE 10. ADMINISTRATIVE PROCEDURES Article 10 consisting of Section R4-34-1001 adopted eff Apr.4, 1985 R4-34-1001 Reheanng 8/31/85 Supp. 85-4 2 © 1985 Arizona Secretary of State Ch 34 BOARD OF M JFACTURED HOUSING R4-34-105 C. Each unit will be affixed a permanent serial number dunng the first stage of manufacture Location and application shall be shown in the drawing package required pursuant to R4-34-703 B Historical Note Adoptedeff Jan 31, 1979(Supp 79-1) Amended Subsection eff Feb 18,1981(Supp 81-1) Amended Subsection A Paragraph 2 eff Aug 29, 1983(Supp 83-4) Amended A 2 d eff July 18, 1984(Supp 84-4) R4-34-104. Alterations standards A. A complete set of drawings and specifications is required pursuant to R4-34-704 B. Alterations shall be consistent with the applicable standards and codes for the manufacture of such unit set forth in these Rules and Regulations. C. Upon written request,the Director may approve alteration plans of alternate design and specifications which are equivalent to the standards and codes in Subsection B above Historical Note Adoptedeff Jan 31, 1979(Supp 79-1) R4-34-105. Reconstruction of units A. The terms "manufacture", "construction", and "constructed" as used in Title 32, Chapter 10 1, Article 1, A R.S., with reference to manufactured homes, recreational vehicles or factory built buildings, includes the reconstruction of such units as defined herein. "Reconstruction"means- construction work performed on a damaged manufactured home,recreational vehicle,or factory built building,for the purpose of restonng such units to a usable condition, but does not include work limited to remodeling, replacing, or repairing appliances or components which will not significantly alter the systems or the structural integrity of the living areas For purposes of this Rule,a damaged unit means one that has incurred damage rendering the living area or systems of the unit,or any portion thereof,substantially unfit for the original use for which they were intended. B. The standards and codes applicable with respect to the reconstruction of units shall be as follows .�. I Manufactured homes—R4-34-101 2 Recreational vehicles—R4-34-102. 3. Factory-built buildings—R4-34-103 C. Prior to reconstruction a complete set of drawings and specifications, as required pursuant to R4-34-704,shall be approved Historical Note Adoptedeff Jan 31, 1979(Supp 79-1) Amendedeff Apr 23,1981(Supp 81-2) Amendedeff Oct 20, 1981 (Supp 81-5) Correction, Subsection A (Supp 81-6) Amended by adding Subsection C eff Apr 30, 1982(Supp 82-2) 5 Supp 84-4 8/31/84 "4.16"24-34-106 COMMERCE, PROFESSIO' \ND OCCUPATIONS Title 4 R4-34-106. Rehabilitation of mobile homes A. The rehabilitation of mobile homes shall be pursuant to the following requirements 1 A smoke detector (which may be a single station alarm device) shall be installed on any wall in a hallway or space communicating with each bedroom area and the living area on the living area side,and when located in a hallway the detector shall be between the return air intake and the living area Each smoke detector shall be installed in accordance with its listing and the top of the detector shall be located on a wall 4"inches to 12"inches below the ceiling The detector may be battery powered or may be connected to an electrical outlet box by a permanent wiring method into a general electrical branch circuit,without any switch between the over current protec- tion device protecting the branch circuit and the detector 2 The walls and ceilings of each gas fired furnace and water heater compart- ment, including doors, shall be lined with 5/16"inch gypsum board,unless the door opens to the exterior of the unit in which case the door may be all metal construction All extenor compartments must seal to the interior of the unit 3 Each room designated expressly for sleeping purposes, unless it has an extenor exit door, shall have at least one outside egress window or approved exit device with a minimum clear dimension of 22"inches and a minimum clear opening of 5 square feet The bottom of the exit shall not be more than 36"inches above the floor 4 All electrical systems shall be tested for continuity to assure that metallic parts are properly bonded, tested for operation to demonstrate that all equipment is connected and in working order, and given a polarity check to determine that connections are proper The electrical system shall be properly protected for the required amperage load If the unit wiring is of aluminum conductors,all receptacles and switches rated 20 amperes or less directly connected to the aluminum conductors shall be marked CO/ALR Extenor receptacles other than heat tape receptacles,shall be of the ground fault circuit interrupter(GFI)type Conductors of dissimilar metals (Copper/Aluminum/or Copper Clad Aluminum) must be connected in accordance with NEC Section 110-14 5 The unit's gas piping shall be tested with the appliance valves removed from the piping system and piping capped at those areas The piping system shall withstand a pressure of at least 6"inch mercury or 3 psi gauge for a period of not less than 10 minutes without showing any drop in pressure Pressure shall be measured with a mercury manometer or a slope gauge calibrated so as to read in increments of not greater than 1/10 pound or equivalent device The source of normal operating pressure shall be isolated before the pressure test is made After the appliance connections are reinstalled, the piping system and connections shall be tested with line pressure of not less than 10"inches nor more than 14"inches water column air pressure The appliance connections shall be tested for leakage with soapy water or (The next page is 6 1 ) 8/31/85 Supp 85-4 6 © 1985 Arizona Secretary of State Ch 34 BOARD OF . NvUFACTURED HOUSING R4-34-10( ,01%. bubble solution All gas furnaces and water heaters shall be vented to the extenor in accordance with UMC Chapter 9 B. A rehabilitation permit shall be obtained from the Office pnor to any modification of the unit C. The unit will be inspected by the Office to ascertain compliance with Subsection A D. The Office will issue a certificate of compliance for each unit in compliance with Subsection A ,and affix an insignia of approval to the exterior wall nearest the point of entrance of the electrical service i► E. Upon a request the Office will issue a waiver for a unit that does not qualify as a mobile home The category of the unit will be determined by inspection of the unit or presentation of acceptable documents F. A person served with a correction notice shall make the required corrections within the time penod specified in the notice The time penod will be determined by the Office based on the seventy of the hazard or violation in the time reasonably needed to make the correction A minimum of 30 days will be allowed unless an imminent safety hazard is found,or if the correction has been unreasonably delayed In either event an Order to Vacate will be issued to the person occupying the unit G. A person occupying the unit will be served with an Order to Vacate that unit within 5 days if on inspection the unit is found to contain an imminent safety hazard. /1""` Historical Note Adopted as an emergency eff May 20, 1985,pursuant to A R S §41-1003 valid for only ninety days(Supp 85-3) Permanent rule adopted eff Aug 13, 1985(Supp 85-4) (The next page is 6 2 ) Amok 61 Supp. 85-4 8/31/85 A-34-201 COMMERCE, PROFESSIONS .ND OCCUPATIONS Title 4 ARTICLE 2. INSTALLATION STANDARDS AND CODES ,.., R4-34-201. General A. For purposes of this Article the following definitions shall apply. 1. "Committee"means the Installations Standards Committee 2 "Standards" means the state installation standards and codes as they relate to the installation of manufactured homes and accessory structures B. Requests for interpretation of the standards and codes shall be made in writing to the Director Within fifteen working days from receipt of the request an interpretation shall be rendered by the Office or the request shall be forwarded to the Committee for interpretation C. An appeal request of an interpretation by the Office shall be directed in writing to the Chairman of the Committee The Committee shall consider the appeal at its next scheduled meeting and render a decision D. Any interpretation rendered by the Office or the Committee shall be communicated by Office bulletin to all licensed installers and local jurisdictions participating in the Installation Inspection Program E. Copies of all uniform codes referred to in this Article are on file at the Secretary of State's Office Historical Note Adopted eff Jan 31 1979(Supp 79-I) Amended eff May 9, 1980(Supp 80-3) Amended r� Subsection B eff Jan 20 1981 Amended Subsection B eff Feb 18, 1981 (Supp 81-1) Amended Subsection B eff Apr 23, 1981 (Supp 81-2) Amended eff Oct 20, 1981 (Supp 81-5) Correction,B 6 a 1979 Edition(Supp 81-6) Former Section R4-34-201 renumbered and amended as Section R4-34-202,new Section R4-34-20I adopted eff Sept 15,1982(Supp 82-5) R4-34-202. Manufactured home installation standards and codes A. Multi-wide manufactured homes manufactured after June 30, 1977 shall be installed according to the manufacturer's instructions as related to the joining together of the sections,utility cross-over connections,and the requirements of center line and perimeter supports B. The standards for the installation of manufactured homes are as follows. 1 Prefabricated load bearing support a Supports shall be located under the main beams of the chassis at intervals no greater than six feet and no more than two feet from either end of each main beam. When intervals no greater than six feet cannot be complied with due to running gear, supports shall be located as close as practical to the running gear and the remainder of the supports shall conform to the six and two feet requirements b Supports shall bear no greater load than 8,000 pounds c The supports shall have a minimum vertical concentrated load failure rating of 14,000 pounds 6/30/85 Supp. 85-3 6 2 © 1985 Anzona Secretary of State Ch 34 BOARD OF NUFACTURED HOUSING R4-34-61 R4-34-609. Administrative function fees An administrative function fee of$7 00 will be charged for each of the following• 1 Changing name of license 2 Changing name of license location 3 Adding branch location 4 Deleting branch location 5 Reinstatement of bond 6 Changing licensee's telephone number 7 Processing returned checks iosk, Historical Note Adopted eff July 3, 1984(Supp 84-4) R4-34-610. Mobile home rehabilitation permit,insignia of approval,inspection fee,and waiver fee A. The following fees shall be paid for mobile home rehabilitation for purposes of R4-34-106 1. Permit fee—$100.00 2 Insignia fee—$2 00 3. Waiver fee—$7 00 4 Inspection fee—$30 00 per hour B. The permit fee includes the cost of the first two inspections The fee for each subsequent inspection will be$30 00 per hour plus mileage at the rates established for State employee travel C. The waiver fee is applicable if the category of the unit can be determined to qualify for exemption If an inspection of the unit is necessary to determine its category, the inspection fee will be $30 00 per hour plus mileage at the rates established for State employee travel Historical Note Adopted as an emergency eff May 20, 1985,pursuant to A R S §41-1003,valid for only ninety days(Supp 85-3) Permanent rule adopted eff Aug 13 1985(Supp 85-4) (The next page is 22 ) p 21.1 Supp 85-4 8/31/85 !4-34-701 COMMERCE, PROFESSION: .ND OCCUPATIONS Title 4 ARTICLE 7. PLAN APPROVALS �.. R4-34-701. General A. Manufacturers 1 Prior to construction of a unit or subassembly, each manufacturer shall obtain a plan approval 2 Subassemblies which are open do not need a separate plan approval if manufactured as part of a project for which an overall plan approval is on file with the Office. 3 "Open subassembly" means any subassembly where all components thereof can be readily inspected without disassembly, damage to or destruction thereof 4 The plan approval for the manufacture of a unit or subassembly shall consist of the following. a A quality assurance manual pursuant to R4-34-702 b Drawings and specifications pursuant to R4-34-703 c Plant certification pursuant to R4-34-705 B. Dealers Prior to performance of any alteration, each dealer shall obtain approval pursuant to R4-34-704 for such alteration C. Installers Prior to ground anchoring a manufactured home, each installer shall obtain approval pursuant to R4-34-706 for such manufactured home D. Reconstruction manufacturers Prior to performance of any reconstruction each manufacturer shall obtain plan approval pursuant to R4-34-704 for such reconstruction Historical Note Adopted eff Jan 31. 1979(Supp 79-1) Amended Subsections A and C eff Oct 20 1981 (Supp 81-5) Amended by adding Subsection D eff Apr 20 1982(Supp 82-2) R4-34-702. Quality assurance manuals A. Manufactured homes The quality assurance manual shall be pursuant to Federal Manufactured Home Procedural and Enforcement Regulations published pursuant to the Act as defined in A R S §32-1172 2,copies of which are on file at the Secretary of State's office B. Factory-built buildings and subassemblies I Submittals will be in duplicate eff 2 Format shall be as follows a The manual shall be a loose-leaf publication with each page no less than 8 i x l 1 inches in size b An index page shall be provided for original approval certification c The manual shall provide for revision traceability for each revision by numerical or alphabetical identity,the date of revision,and page number revised 3 Contents shall be,as a minimum,as follows a An organization chart,by position,of all quality control personnel responsi- ble for compliance of incoming components and in-plant manufacturing activities 4/30/82 Supp.82-2 22 © 1985 Arizona Secretary of State ik oft. § 32-1171. Purpose A. The office of manufactured housing is established to further the public interests of safety and welfare. The purpose of this article is to maintain standards of quality and safety for manu- factured homes, factory-built buildings, mobile homes and recreational vehicles. The affairs of the office of manufactured housing shall be conducted consistently with minimum standards of the United States department of housing and urban development so as to be designated the "state inspector" for manufactured homes and related industries. The office shall implement all existing laws and regulations mandated by the federal government, its agencies and this state for such purposes. The office shall accomplish such purposes by the enforcement of regu- lations and laws pertaining to the housing quality standards of the manufactured home, factory-built building, mobile home and recreational vehicle manufacturing and construction industries and the enforcement of regulations and laws pertaining to the licensing of manufacturers, dealers, brokers, salespersons and installers. B. It is also the purpose of this article to establish a pro- cedure to protect the consumer of such products and services. § 32-1172. Definitions A. In this article, unless the context otherwise requires: 1. "Accessory structures" means the installation, assembly, connection or construction of any attached item included as part of a sales contract of a new or used manufactured home or mobile home to a purchaser and such item is installed, assembled, connected or constructed as part of the sales or as part of installation contracts for a new or used manufactured home or mobile home. 2. "Act" means the national manufactured home construction and safety standards act of 1971 and title VI of the housing and com- munity development act of 1971, public law 93-383, as amended by public laws 95-128, 95-557, 96-153 and 96-339. 3. "Alteration" means the replacement, addition, modification or removal of any equipment or installation after the sale by a manu- facturer to a dealer or distributor but prior to the sale by a dealer to a purchaser, which may affect compliance with the standards, construction, fire safety, occupancy, plumbing, heat-producing or electrical system. Alteration does not mean the repair or replacement of a component or appliance requiring plug-in to an electrical recep- tacle if the replaced item is of the same configuration and rating as the component or appliance being repaired or replaced. Alteration does not mean the addition of an appliance requiring plug-in to an electrical receptacle if such appliance is not provided with the unit by the manufacturer and the rating of the appliance does not exceed the rating of the receptacle to which such appliance is connected. 4. "Board" means the manufactured housing board. 5. "Broker" means any person who, on behalf of another for compensation, sells, exchanges, buys, offers or attempts to negotiate or acts as an agent for the sale or exchange of a used manufactured home or mobile home excepted as exempted in subsection B of this section. 6. "Component" means any part, material or appliance which is built-in as an integral part of the unit during the manufacturing process. 7. "Consummation of sale" means that a purchaser has received all goods and services that the dealer or broker agreed to provide at the time the contract was entered into. Consummation of sale does not include warranties. 8. "Dealer" means any person who sells, exchanges, buys, offers or attempts to negotiate or acts as an agent for the sale or exchange of recreational vehicles, factory-built buildings, subassemblies, manufactured homes or mobile homes. A lease or rental agreement by which the user acquired ownership of the unit with or without additional remuneration is considered a sale under the provisions of this article. 9. "Defect" means any defect in the performance, construction components or material of a unit that renders the unit or any part of the unit unfit for the ordinary use for which it was intended 10. "Director" means the director of the office of manufactured housing. 11. "Factory-built building" means a single-story nonresi- dential building of less than four thousand five hundred square feet floor space, a temporary or permanent office building constructed to be towed on its own chassis and designed to be installed with or without a permanent foundation, a residential building not exceeding two stories in height, a dwelling unit or habitable room thereof which is either wholly or in substantial part manufactured at an off-site location to be assembled on-site, except that it does not include a manufactured home or mobile home as defined in this section. 12. "HUD" means the United States department of housing and urban development. 13. "Imminent safety hazard" means an imminent and unreaso- nable risk of death or severe personal injury. ,.� 14. "Insignia of approval" means a numbered or serialized label or seal issued by the Director as certification of compliance with the provisions of this article. 15. "Installer" means any person who engages in the business of installing manufactured homes or mobile homes. Installing manufac- tured homes or mobile homes includes pier blocking, prefabricated footings, ground anchoring and the connection to on-site utility ter- minals. 16. "Installer of accessory structures" means any person who engages in the business of installing accessory structures. 17. "Local enforcement agency" means a zoning or building department of a city, town or county or their agents. 18. "Manufactured home" means a structure built in accordance with the act. 19. "Manufacturer" means any person engaged in manufacturing, assembling or reconstruction of any unit regulated by this article. 20. "Mobile home" means a structure built prior to June 15, 1976, on a permanent chassis, capable of being transported in one or more sections and designed to be used with or without a permanent foundation as a dwelling when connected to on-site utilities except recreational vehicles and factory-built buildings. 21. "Office" means the office of manufactured housing. 22. "Purchaser" means a person puchasing a unit in good faith for purposes other than resale. ,,ibk 23. "Qualifying party" means a person who is an owner, employee, corporate officer or partner of the licensed business and who has active and direct supervision of and responsibility for all operations of that licensed business. 24. "Recreational vehicle" means a vehicular type unit which is primarily designed as temporary living quarters for recreational , camping or travel use but which is not designed for permanent resi- dence or commercial purposes. The unit either may have its own motive power or may be mounted on or drawn by another vehicle upon the highway. 25. "Salesperson" means any person who, for a salary, com- mission or compensation of any kind, is employed by or acts on behalf of any dealer or broker of manufactured homes, mobile homes or factory-built buildings to sell , exchange, buy, offer or attempt to negotiate or act as an agent for the sale or exchange of an interest in a manufactured home, mobile home or factory-built building. 26. "Statutory agent" means an adult person who has been a bona fide resident of this state for at least three years and has agreed to act as agent for a licensee. 27. "Subassembly" means a prefabricated wall , floor, ceiling, roof or similar combination of components. 28. "Unit" means a manufactured home, mobile home, recreational vehicle, factory-built building or subassembly. 29. "Unit safety" means the performance of a unit in such a manner that the public is protected against any unreasonable risk of the occurrence of accidents due to the design or construction of such unit, or any unreasonable risk of death or injury to the user or to .-. the public if such accidents occur. 30. "Used unit" means any unit regulated by this article which has been sold, bargained, exchanged or given away from a purchaser who first acquired the unit which was titled in the name of such purchaser. B. The requirements of the article applicable to dealers do not apply to persons performing the following transactions: 1. Real Estate Brokers and Real Estate Salesmen licensed under section 32-2122 who engage in activities proscribed by this chapter with respect to used manufactured homes, mobile homes, factory built buildings or subassemblies if the activity is incidental to the transfer of an interest in real property and the manufactured home, mobile home, factory-built building or subassembly is installed on the real property. 2. Receivers, trustees, administrators, executors, guardians or other persons appointed by or acting under the judgment of any court. 3. Public officers while performing their official duties. 4. Banks or other financial institutions cr din poee gas repossessors or liquidators. 5. A purchaser who sells no more than two recreational vehicles, factory-built buildings, subassemblies, manufactured homes or mobile homes in any twelve month period. § 32-1173. Office of manufactured housing There is established an office of manufactured housing for the regulation and licensing of the construction, manufacturing, sales and alteration of factory-built buildings, manufactured homes, mobile homes, recreational vehicles and subassemblies, and installation of manufactured homes and accessory structures. § 32-1174. Disposition of revenues; report A. At least once each week the director shall transmit all monies received by the office pursuant to this article to the state treasurer who shall deposit all such monies in the general fund. B. The office shall report to the governor and the board semiannually the total amounts of receipts and expenditures of the office for the preceding six months. § 32 -1175. Board of manufactured housing; members; powers and duties A. There is established a state board of manufactured housing. The board shall consist of seven members appointed by the governor pursuant to section 38-211 . One member shall represent the manufactured home industry, one shall represent the factory-built building industry, one shall represent the recreational vehicle industry, one shall represent financial institutions, one shall represent the accessory or home installers industry and two members of the public shall represent the consumers of this state. Each member shall be appointed for a term of three years. The governor may remove any member from the board for incompetency, improper conduct, disability or neglect of duty. Members shall receive no compensation but shall be entitled to �.- be reimbursed for expenses incurred while attending meetings called by the board pursuant to title 38, chapter 4, article 2. B. The board annually shall select from its membership a chairperson for the board. C. The board shall hold regular meetings at least once each month. § 32-1176. Director, qualifications; appointment; salary A. The governor shall appoint a director of the office pursuant to section 38-211. The director shall serve at the pleasure of the governor. B. The director shall be experienced in administration and the technical knowledge necessary to administer this article. C. The compensation of the director shall be as deter- mined pursuant to section 38-611 . § 32-1186. Submission of construction plans by manufacturers; approval ; revocation A. Prior to the construction of any new model of recreational vehicle, factory-built building or subassembly, each manufacturer who intends to manufacture for delivery or sell such unit in this state shall submit to the director for approval detailed plans of each model and shall have obtained such approval . B. A plan approval may be suspended by the director upon a written notice to the licensee by certified mail if the director has reasonable cause to believe from information received by inspec- tion that a manufacturer is not complying with the plan as approved or that such manufacturer has used inferior materials or workmanship in construction. § 32-1187. Preemption of local building codes A. No local enforcement agency may require, as a condition of entry into or sale in any county or municipality, that any unit which has been certified pursuant to this article be subjected to any local enforcement inspection to determine compliance with any standard covering any aspect of the unit which is inspected pursuant to this ar- ticle. B. Except where a local enforcement agency participates in the office permit and insignia issuance program for the installation of manufactured homes, mobile homes and accessory structures and inspec- tion of such installations, no local enforcement agency shall subject any unit installed to any local inspections or charge a fee for any services provided pursuant to this article. C. A local enforcement agency in any county or municipality shall recognize the minimum standards of the act as equal to any nationally accepted or locally adopted building code standard. D. Nothing in subsection A, B or C shall prevent the applica- tion of local codes and ordinances governing zoning requirements, fire zones, building setback, maximum area and fire separation requirements, site development and property line requirements and requirements for on-site utility terminals for factory built buildings, manufactured homes, mobile homes and recreational vehicles. § 32-1188. Violation; classification; penalty A. No person required to be licensed pursuant to this article may sell or offer to sell in this state any manufactured home, recreational vehicle, factory-built building or subassembly after August 27, 1977, unless the proper state insignia or HUD label is affixed to such unit. B. No person required to be licensed pursuant to this article may manufacture for delivery, sell or offer to sell in this state any manufactured home, recreational vehicle, factory-built building or subassembly unless the unit and its components, systems and appliances have been constructed and assembled in accordance with the standards, rules and regulations adopted pursuant to this article. •�. Adak C. A mobile home entering this state for sale or installation must meet standards as adopted pursuant to this article in the following fire and life safety equipment categories and display the proper state insignia before being titled or before an affidavit of affixture is accepted as required by title 42, chapter 3, article 3: 1. Fire detection equipment. 2. Flame-spread for gas furnace and water heater compartments. 3. Egress windows. 4. Electrical system. 5. Gas system. D. No person may remove or cause to be removed an insignia of approval without prior authorization of the Office. E. Except as provided in subsection G of this section, a per- son who violates any provision of this article, or any such rule, regulation or standard is guilty of a class 2 misdemeanor. F. The director may, after notice and hearing pursuant to the provisions of section 32-1189, subsection E and section 32-1191 , deny the issuance of a license or revoke or suspend the license of, impose an administrative penalty on or place on probation any manufacturer, dealer, broker, salesperson or installer who has violated any provision of this article or any standards, rules and regulations issued pur- suant to this article. G. Any manufacturer, dealer, broker, salesperson or installer who knowingly violates any provisions of this article or the rules and regulations promulgated pursuant to section 32-1178, paragraph 1, 2, 3 or 11 is guilty of a class 1 misdemeanor. Each violation of this article shall constitute a separate violation with respect to each failure or refusal to allow or perform an act required by this article, except that the maximum fine may not exceed one million dollars for any related series of violations occurring within one year from the date of the first violation. H. An individual or a director, officer or agent of a cor- poration who knowingly violates the provisions of this article or the .•. rules and regulations promulgated pursuant to this article in a manner which threatens the health or safety of any purchaser is guilty of a class 1 misdemeanor. I. A manufacturer, dealer, salesperson or broker shall not knowingly sell a unit regulated by this article to an unlicensed per- son for the purpose of resale, nor shall a dealer offer for sale or sell a new unit manufactured by an unlicensed person. § 32-1189. Complaints; service of notice; failure to respond A. Upon the filing of a written complaint with the office, the office shall verify such complaint. B. Upon verification of any complaint made within one year from the date of sale the office may serve notice to the dealer, broker, salesperson or manufacturer that such verified complaint shall be satisfied as specified by the office. FY 1985-86 3rd QUARTER PROGRESS REPORT (1/1/86-3/31/86) Apache Junction Area Community Foundation, Inc. John F. Allanson, Executive Director 1. Administration and Office Operation (108 hrs. or 19%) Completed Mid-Year and 3rd Quarter Foundation progress reports and mailed or presented them to all of the Foundation's funding sources; assisted in completing an audit of the Foundation's financial records since its inception in 1982; coordinated and helped to rewrite the Foundation By-Laws and Personnel Rules and Regulations for adoption at annual meeting in May, 1986; plus routine activities associated with monthly Board of Directors meetings and meetings of the Executive, Personnel and Finance Committees. 2. Development of Existing and New Human Service Agencies (176 hrs. or 31%) a. In spite of direct assistance from Congressmen DeConcini's and Kolbe's offices in Arizona and Washington, exhausted all efforts at this time to obtain funds through Industrial Development Agency Bonds to construct a central office complex for 14 of the Apache Junction area's human service agencies. A sublease for 10 acres of BLM land for this project in Apache Junction, approved by the City Council last fall, should be completed in April. In view of the very adverse nationwide effects of the Gramm-Rudman bill in Con- gress, construction funding efforts will now turn to large private foundations in the nation. The Apache Junction Area Community Foundation, as per agreement with the City, has about 22 years to find funds to begin construction. b. Prepared two contract proposals (Final County United Way and City of Apache Junc- tion) for Foundation funding during FY 1986-87. c. On a referral from the City of Apache Junction, began processing of requests from the Phoenix Shelter for the Homeless and the Against Sexual Abuse agency for fund- ing assistance,to at least help with costs of referrals from Apache Junction. d. Reinstituted efforts to recruit a sponsor for the Apache Junction Senior Center and its activities. Contacts were made with the Apache Junction Health Center, Epicenter, John Calvin Presbyterian Church, and the Salvation Army. The Salva- tion Army tried to apply, but delays in reception of proposal forms from the Area Office on Aging (the funding source) prevented submission of a proposal before the required deadline. The other three groups declined to apply. e. Continued to provide support and advocacy efforts for Epicenter in regard to ob- taining a greater share of Title XX funds plus Behavioral Health funds from the Behavioral Health Administrative Entity (BHACA) for FY 1986-87. f. Provided assistance to the Apache Junction Association for Retarded Citizens in identifying and in helping to proceed with efforts to obtain funding from the De- partment of Economic Security and the Final County United Way. Also, began assistance to this group in finding free or low-cost County land near Apache Junction on which to move one or two houses for educating develop- mentally disabled children. g. Served on Title XX Allocations Committee for Pinal/Gila counties, which was formed to determine the most equitable ways to allocate funding losses due to the Gramm- Rudman bill in Congress. The losses will amount to 17%-20% of all current Title XX funds each year for several years. 3. Community Education/Information and Referral Services (108 hrs. or 19%). a. Obtained up-dated "capsule view" information from all of the Apache Junction area's health and social service agencies for republication in the largest local r + -2- c newspaper (to be updated and republished each 3-4 months). b. Updated and had printed the Foundation's pamphlet which summarizes the Founda- tion's goals, functions, accomplishments, and a membership application section. c. Gave the following "talks": (1) about the Foundation at the Apache Junction Kiwanis Club (2) about the Foundation at the Apache Junction Republican Women's Club (3) about priority health and social service problems in the Apache Junction area at the monthly meeting of the Apache Junction Interagency Network d. Developed a report which describes the major differences between community coun- cils and community foundations. e. Participated in a Pinal/Gila county human service problem survey conducted by the Central Arizona Council of Governments (C.A.A.G.). f. Presented the Foundation's Mid-Year and 3rd Quarter progress reports to the Apache Junction City Council and other current Foundation funding sources, in addition to the entire Foundation membership. g. Provided recommendations for school mass disaster plans, as part of the City of Apache Junction's mass disaster plan being proposed. h. Provided a variety of information and referrals via telephone and to "walk-ins," mostly referred to the Foundation by various City of Apache Junction offices. Examples include: need for funds for gas, food, lodging, car repairs, plus need for services for mental illness hospitalization, drug counseling, health counsel- ing, and for teen pregnancy counseling and medical care. 4. Development and Maintenance of a Community Needs/Resources Data System (60 hrs. or 11%) a. Using human "needs" surveys conducted in the past 2-3 years by C.A.A.G. , B.A.H.C.A. , C.A.H.R.A. and the Foundation as a basis, summarized the Apache Junction area's human service problems and needs into nine major categories. In turn, these were assigned priority rankings along with identifying area resources for meeting the needs. This will serve as a basis for Foundation objectives, projects, and ser- vices during coming months. b. Attempted, with only minor success, to survey through a questionnaire all area churches and civic/fraternal organizations to identify and assess available local resources (including funds, equipment, expertise and facilities) for meeting human needs. Alternative methods for obtaining this information are being studied. c. Obtained and assessed, for possible Foundation use, all newly issued Requests for Proposals (RFP's) from D.E.S. , D.H.S. and the Area Office on Aging for FY 1986-87 contracting. None were determined feasible for the Foundation at this time. All of these contracts have been awarded previously to other agencies, which are currently re-applying. 5. Consultation and Technical Assistance (80 hrs. or 14%) a. At the request of the Pinal County United Way Director and Planning Committee, presented information to that committee about the Foundation, its history, oper- ation, and how United Way could benefit from these experiences. b. On a referral from the City of Apache Junction, assisted a visiting physician (general practitioner) in her efforts to obtain demographic data and information about local health problems and resources. This information was needed for her application for a small business loan to possibly establish a low-cost health care service in Apache Junction. -3- c. At the request of the City of Apache Junction's Director of Community Services, participated as a consultant in the first meeting of the Apache Junction Youth Advisory Committee. This function will continue indefinitely, as needed. d. At the request of Congressman James Kolbe (Az. 5th District), participated as a member of his District Advisory Committee on Alcohol and Drug Abuse. First meet- ing held in Tucson. 6. Interagency Cooperation and Coordination (33 hrs. or 6%) a. At the request of the Pinal County Interagency Council, began work with the Council's Task Force on Problems of Children and Youth. Current joint inter- agency projects relate to school programs to prevent child abuse, teen pregnan- cies, and teen suicides. b. Continued participation on the Home Health-Care Steering Committee comprised of representatives of the Pinal County and East Valley Catholic Social Service agen- cies, Mesa Lutheran Hospital's Helping Older Neighbors Program, and the Founda- tion. Purposes: to develop a demonstration program designed to obtain volun- teers to recruit and train other volunteers in the community to provide home health-care services to low-income elderly in Apache Junction and Casa Grande. c. Conferred with the administrator of the Apache Junction Health Center to explore how the Health Center might assist in joint projects with the Foundation and others to help resolve local priority community problems concerning human needs. Three or four such joint projects appear feasible. Such community "self-help" efforts will become increasingly important as federal and State monies for local programs and services to meet human needs continue to be drastically cut. EXECUTIVE DIRECTOR'S ACTIVITY/TIME STUDY TOTALS (1/1/86-3/31/86) Total hours worked = 570 (includes 277.2 hours of unreimbursable overtime hours or 106% more than contracted time at 60% time rate of employment). Also, 10 hours of vacation time were used and there were three holidays in the third quarter. TOTAL MILES TRAVELED (1/1/86-3/31/86) January = 464.5 miles February = 386.2 miles March = 316.2 miles Ceinal