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 manufactured
homes as suitable and necessary dwelling units in Indiana. The state
department may do the following:
(1) Require reasonable standards of health, sanitation, and
safety in using the dwelling units.
(2) Require:
(A) persons dwelling in mobile homes and manufactured
homes; 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Repealed
(Repealed by P.L.144-1996, SEC.15.)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 agency
of government authorized to enforce the standards of health and
sanitation 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 the
meaning 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 federal
Manufactured Housing Construction and Safety Standards Law
of 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 are
leased or otherwise contracted;
(2) that are owned, operated, or under the control of one (1) or
more persons; and
(3) on which a total of at least five (5) mobile homes or
manufactured homes are located for the purpose of being
occupied as principal residences.
(b) The term includes the following:
(1) All real and personal property used in the operation of the
mobile home community.
(2) A single parcel of land.
(3) Contiguous but separately owned parcels of land that are
jointly 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 the
mobile homes or manufactured homes located on the land are:
(A) accessible from a private road or interconnected private
roads;
(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 state
department 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 concerning
the following:
(1) Public water supplies required for mobile home
communities.
(2) Sewage disposal systems other than septic tank absorption
fields.
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 charge
of an adult attendant or caretaker designated by the owner or
operator of the mobile home community at the times when mobile
homes and manufactured homes in the mobile home community are
occupied by tenants. The caretaker present at the time of a violation
of this chapter is equally responsible with the owner or operator of
the 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 supply
through the use of a public water system if the water supply is
reasonably available within a reasonable distance from the mobile
home community. A mobile home community is not required to use
a public water system if the water system is more than two thousand
(2,000) feet from the mobile home community. If a public water
system is not available, water shall be provided by a system approved
by the environmental commissioner under rules adopted by the water
pollution 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 sewage
through the use of a public sewerage system if the sewerage system
is available within a reasonable distance from the mobile home
community. If a public sewerage system is not available, sewage may
be disposed of in accordance with rules adopted under section 8 of
this chapter. A water carriage system of collecting sewage shall be
used. The mobile home community operator shall require the owner
of a mobile home to provide a watertight and odor-tight connection
of a type acceptable to the state department under rules adopted by
the state department.
(b) All occupied mobile homes and manufactured homes shall be
connected to the sewerage system of the mobile home community at
all times. All sewer connections not in use must be closed in a
manner that does not:
(1) emit odor; or
(2) cause a breeding place for flies.
(c) Sewerage systems other than water carriage systems may not
be approved for a mobile home community, except nonwater carriage
systems may be provided for emergency use only during a temporary
failure 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 system
and trash containers shall be made available in a sanitary manner to
each occupied mobile home and manufactured home. The garbage
and trash of the mobile home community must be disposed of in a
manner 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 sufficiently
wide to prevent vehicular and pedestrian traffic problems. Adequate
area must be provided for the parking of vehicles. All roads in a
mobile home community shall be maintained to be dust proof. Each
mobile home and manufactured home in a mobile home community
shall 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 permitted
to run at large or commit a nuisance within the limits of a mobile
home 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 provide
a written reminder to the owners of all manufactured homes in the
mobile home community to replace the batteries in all weather radios
and smoke detectors contained in their manufactured homes.
(b) Any reminder, assistance, or instructions provided by an
operator of a mobile home community concerning the function of a
weather radio or smoke detector contained in a manufactured home
shall not subject the operator or an owner or employee of the mobile
home community to liability for the functionality of that weather
radio 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 lighted
at 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 without
obtaining 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 be
issued 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 home
community must be made to the state department on a form
prescribed and furnished by the state department, only after plans for
the mobile home community have been approved.
(b) If an operator does not apply for the renewal of a license
before the date the license expires:
(1) the license expires on that date; and
(2) the operator must pay the penalty fee set forth in section
24(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 mobile
home community for a period of six (6) months and waive the
requirements 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 not
jeopardize the health and welfare of the occupants of the mobile
home 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 community
or alteration of an existing mobile home community shall be made
only after plans for the proposed construction or alteration have been
forwarded to and approved by the state department.
(b) A public water system may not be constructed or altered in a
new or existing mobile home community until plans for the
construction or alteration have been forwarded to and approved by
the environmental commissioner under rules adopted by the water
board.
(c) A sewage collection and disposal system may not be
constructed or altered in a new or existing mobile home community
until:
(1) plans for construction or alteration of the sewage collection
system and any septic tank absorption field have been
forwarded to and approved by the state department under rules
adopted by the state department; and
(2) plans for construction or alteration of any sewage disposal
system other than a septic tank absorption field have been
forwarded to and approved by the environmental commissioner
under 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 commissioner
shall, not more than ninety (90) days after filing, approve plans filed
under section 22 of this chapter that comply with this chapter and
rules 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 state
department with each license application. The fee is two hundred
dollars ($200) for a total of not more than fifty (50) mobile home and
manufactured home sites and one hundred fifty dollars ($150) for
each increment of not more than fifty (50) additional sites. Units of
state and local government are exempt from the fee.
(b) This subsection does not apply to an application made after an
enforcement action. A penalty fee of two hundred dollars ($200) for
a total of not more than fifty (50) mobile home and manufactured
home sites and one hundred fifty dollars ($150) for each increment
of not more than fifty (50) additional sites may be imposed by the
state department for an application for license renewal filed after the
license 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 civil
penalties 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 adopted
under 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 penalties
adopted under subsection (a), or both, against a person who:
(1) fails to comply with this chapter or a rule adopted under this
chapter; or
(2) interferes with or obstructs the state department or the state
department's designated agent in the performance of duties
under 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 only
in a proceeding under IC 4-21.5-3-8.
(e) A proceeding to impose a civil penalty may be consolidated
with 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 pollution
control 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 to
a 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 alteration
of 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 failed
to 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 with
this chapter or rules adopted under this chapter. If an operator fails
to comply within the time specified by the order, the state department
may initiate proceedings to force compliance in the circuit court in
the county of the operator's residence or in the county where the
mobile home community is located. The court may grant appropriate
relief to ensure compliance with this chapter and rules adopted under
this 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 state
department may at any reasonable time inspect the premises and take
necessary and reasonable steps in a mobile home community to
determine whether or not a mobile home community is in compliance
with 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 a
hearing upon the revocation of a license or the refusal to grant a
license.
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, or
caretaker of a mobile home community has a lien upon the property
of a guest in the same manner, for the same purposes, and subject to
the 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 interest
under IC 9-17-6-7; and
(2) the lienholder has notified the owner, operator, or caretaker
of the mobile home community of the lienholder's lien by
certified mail;
the maximum amount of the innkeeper's lien may not exceed the
actual late rent owed for not more than a maximum of sixty (60) days
immediately preceding notification by certified mail to the lienholder
that the owner of the property has vacated the property or is
delinquent 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 the
owner, operator, or caretaker of the mobile home community for
payment of rent from the time the notice is received until the mobile
home or manufactured home is removed from the mobile home
community, the lienholder is liable for the payment of rent that
accrues 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 home
community may eject a person from the premises for any of the
following 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 mobile
home communities.
(4) Violation of a rule of the mobile home community that is
publicly 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 a
register open for the inspection of the state department or the state
department's representatives containing the following information for
each mobile home and manufactured home in a mobile home
community:
(1) The names and ages of all occupants.
(2) The name of the owner of the mobile home or manufactured
home.
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 department
of health may not license or regulate mobile home communities,
except for the following:
(1) Local boards may enforce the standards of health and
sanitation prescribed for mobile homes, manufactured homes,
and mobile home communities by the state department.
(2) County and municipal authorities within their respective
jurisdictions have jurisdiction regarding zoning and building
codes and ordinances pertaining to mobile home communities.
(3) Local boards may regulate the construction and operation of
groups of a combined total of not more than four (4) mobile
homes and manufactured homes, in accordance with standards
that are compatible with standards set by the state department
for mobile home communities.
(b) A governmental body other than the state department of health
may not regulate mobile homes or manufactured homes regarding
habitability or minimum housing conditions unless the regulation is
applicable in the same manner to other forms of residential housing
in the jurisdiction.
(c) A governmental body may not regulate or restrict the use,
occupancy, movement, or relocation of a mobile home or
manufactured home based upon the age of the mobile home or
manufactured 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 state
department. The state department may, upon application, cancel a
license issued for the operation of a mobile home community and
issue a new license to the transferee for the balance of the license
period.
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 home
community:
(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.