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Office of Manufactured Housing & Building

Revision Date

Agency Contact Information

Authority

The Office of Manufactured Housing traces its origins to several predecessor agencies. The Office is currently located within the Arizona Department of Housing. Statutory authority specifically related to the Office of Manufactured Housing is found at A.R.S. §§41-4001 through 41-4010. The Arizona Mobile Home Parks Residential Landlord and Tenant Act is found at A.R.S. §§33-1401 et seq.

Predecessor agencies

The Division of Building Codes within the Office of the Registrar of Contractors was established in 1972 to regulate construction and installation of factory-built buildings and mobile housing. Statutory authority was initially found in A.R.S. Title 44, Chapter 11, Article 7 (A.R.S. §§44-1701 through 44-1714).

In 1977, authority was transferred to the Division of Mobile and Manufactured Housing Standards within the Office of the Registrar of Contractors. The State Board of Mobile and Manufactured Standards Board was created that year as well. Statutory authority was transferred to A.R.S. Title 32, Chapter 10.1, Article 1 (A.R.S. §§32-1171 et seq.)

Laws 1986, Chapter 330 created the Department of Building and Fire Safety, combining the functions of the Office of Manufactured Housing and the Office of Fire Marshal into one department. The measure transferred and renumbered related statutory provisions, placing them in A.R.S. Title 41, Chapter 16, Articles 1 through 4. (A.R.S. §§41-2141 et seq.)

In 2016, the duties, responsibilities, and programs of the Office of Manufactured Housing were transferred to the Department of Housing. Current statutory authority for the Department of Housing is found at A.R.S. §§41-4001 through 41-4048. (Title 41, Chapter 37, Articles 2 through 5.) Laws 2016, Chapter 128.

Function

The purpose of the Office of Manufactured Housing is to maintain and enforce standards of quality and safety for manufactured homes, factory-built buildings, mobile homes, and accessory structures and their installation. The Office follows minimum federal standards established by the U.S. Department of Housing and Urban Development in order to be designated as the state inspector for manufactured homes and related industries. The Office also implements related laws and regulations mandated by the federal government, its agencies, and the state. (See A.R.S. §41-4002.)

The Board of Manufactured Housing consists of nine members, appointed by the Governor, to three-year terms. The Board is authorized to adopt rules for factory-built buildings, manufactured homes, and accessory structures; systems related to construction, design, and installation; inspections and enforcement; fire and life safety requirements; workmanship standards; and permits. The Board is authorized to establish: a schedule of fees for inspections, licenses, permits, plan reviews, administrative functions and certificates; licensing and bonding requirements; and standards for permanent foundations for manufactured homes, mobile homes, and factory-built buildings. (See A.R.S. §41-4010.)

History

Background

The Office of Manufactured Housing traces its origins to several predecessor agencies. Statutory references for each are listed in the “Authority” section, above. Specific responsibilities and details for the various agencies are organized by date and described in the following paragraphs.

Session Laws

Laws 1972, Chapter 143 established the Division of Building Codes within the Office of the Registrar of Contractors and provided for the regulation of the manufacture and sale of mobile homes, recreational vehicles, and factory-built homes. The measure provided for the appointment of a division director by the Registrar of Contractors with the approval of the Governor, outlined the responsibilities of the position, and created a seven-member Building Codes Hearing Board. The measure also provided for licensing requirements, standards, fees, and inspections.

Laws 1973, Chapter 74 established the Division of Building Codes Fund consisting of inspection fees to cover expenses incurred in the course of administering laws related to building codes. The measure also modified provisions relating to installation requirements and inspections and authorized local enforcement agencies to charge inspection fees.

Laws 1977, Chapter 126 repealed the Division of Building Codes within the Office of the Registrar of Contractors and established the Division of Mobile and Manufactured Housing Standards within the Office of the Registrar of Contractors, created the State Board of Mobile and Manufactured Standards Board and provided for a Director of the Division. The measure outlined the duties and responsibilities of the Board and the Director and also transferred personnel, equipment, furnishing, and records from the Division of Building Codes to the Division of Mobile and Manufactured Housing Standards. The purpose clause explained the new Division was created to address public interests of safety and welfare, to maintain standards of quality and safety of mobile homes, factory-built buildings, and recreational vehicles. The measure transferred statutory authority from A.R.S. Title 44, Chapter 11, Article 7 to A.R.S. Title 32, Chapter 10.1 (Note: The sections enacted in 1977 as A.R.S. §§32-1171 through 32-1171.25 were renumbered by Legislative Council as A.R.S. §§ 32-1171 through 32-1196.)

Laws 1978, Chapter 132 expanded regulatory authority to include manufacturing and installation of factory-built buildings, mobile homes, and recreational vehicles; modified qualifications to serve the Board; modified enforcement powers of the Director; and classified certain criminal offenses.

Laws 1980, Chapter 135 established the Trust Account Recovery Fund consisting of fees, established by the Board, paid by a dealer of mobile homes or factory-built buildings. The measure prescribed a process for a person who is damaged as a result of an act or omission by a licensed dealer of mobile homes or factory-built buildings to file a claim for damages. The Fund was renamed in 1987.

Laws 1981, Chapter 298 established the Office of Manufactured Housing, replacing the Division of Mobile and Manufactured Housing Standards (Division) formerly within the Office of the Registrar of Contractors. The purpose of the Article, powers and duties of the Board, licensing requirements, and enforcement provisions remained essentially the same. The Board of Manufactured Housing was established, consisting of seven members appointed by the Governor to three-year terms, and the Installation Standards Committee was established, consisting of three members appointed by the Governor to three-year terms. The measure provided for transfer of funds, records, equipment, contracts and employees from the Division to the Office of Manufactured Housing.

Laws 1982, Chapter 32 required the Director to provide a report to the Governor and the Board describing the receipts and expenditures of the Office for the preceding six months. The measure also addressed uses of the Trust Account Recovery Fund.

Laws 1984, Chapter 224 was an omnibus measure that addressed licensing requirements, penalties, hearings, enforcement, and claims made by purchasers.

Laws 1985, Chapter 284 modified the authority of the Office to regulate mobile homes; required the Board to adopt regulations for minimum fire and life safety requirements, inspections, and permits for mobile homes; and modified enforcement authority. The measure also authorized establishment of fees for mobile homes entering the state for sale or installation, and outlined requirements regarding a title or affidavit of affixture for mobile homes.

Laws 1986, Chapter 330 established the Department of Building and Fire Safety to combine the functions of the Office of Manufactured Housing and the Office of Fire Marshal into one department with administrative support to further the public interest of building and fire safety. (Legislative intent, Section 1). The measure removed fire prevention and control authority from the Division of Emergency Services of the Department of Emergency and Military Affairs; modified the duties of the Board of Manufactured Housing; established a State Fire Safety Committee; modified licensing requirements; and addressed disciplinary actions, violations, penalties, and hearings. The measure transferred and renumbered statutory provisions, placing them in A.R.S. Title 41, Chapter 16, Articles 1 through 4 (A.R.S. §§41-2141 et seq.). The measure also provided for transfer of personnel, records, furnishings, equipment, unexpended monies, powers, duties, rules and regulations of the Board of Manufactured Housing, the Installation Standards Committee, the Office of Manufactured Housing, the Office of Fire Marshal and the Fire Advisory Council. An appropriation of $40,400 was included for use in fiscal year 1986-1987 to pay relocation and operating costs.

Laws 1987, Chapter 126 renamed the Trust Account Recovery Fund as the Consumer Recovery Fund and modified procedures and expenditures made from the Fund.

Laws 1989, Chapter 164 modified the qualifications to serve on the Board of Manufactured Housing and increased the number of members on the Board from seven to nine. The measure made a number of modifications to the Office of Manufactured Housing statutes relating to the powers and duties of the Board and Director, licensing, disciplinary actions, reporting, records, trust and escrow requirements, and the Consumer Recovery Fund.

Laws 2005, Chapter 245 changed the name of the Department of Building and Fire Safety to the Department of Fire, Building and Life Safety (DFBLS), effective July 1, 2006. The measure also created the positions of the State Fire Training Officer and the Fire Resource Coordinator and made various other changes.

Laws 2016, Chapter 128 abolished the DFBLS and divided its duties among three existing state agencies (the Department of Housing, the State Forester, and the Department of Real Estate). The measure transferred the duties, responsibilities, and programs of the Office of Manufactured Housing to the Department of Housing, including administration of the Mobile Home Parks Residential Landlord and Tenant Act.

Laws 2017, Chapter 335 made additional changes to the authority of the Department of Housing in order to accommodate the transfer of responsibilities from the Office of Manufactured Housing prescribed by the Legislature in 2016. The measure specifically addressed Department of Housing authority relating to manufactured housing standards, safety, inspections, licensing, complaints, enforcement, civil penalties, and disciplinary action. In addition, the Department of Housing was authorized to administer the Consumer Recovery Fund and required to provide staff support for the Board of Manufactured Housing.

Laws 2021, Chapter 31 modified statutory provisions relating to the Arizona Mobile Home Parks Residential Landlord and Tenant Act, administered by the Office in accordance with state and federal housing laws. The measure eliminated certain conditions and limitations that apply to disabled mobile home residents who require live-in health care, personal care, or supportive services.

Laws 2023, Chapter 16 requires, rather than allows, the Director of the Arizona Department of Housing to adopt administrative rules for the Mobile Home Relocation Fund and modifies compensation amounts for relocation and moving expenses.

Sources

  • Arizona Revised Statutes §§ 41-4001 et seq.
  • Arizona Revised Statutes §§ 33-1401 et seq.
  • Arizona Administrative Code §§ R4-34-101 et seq.
  • Session Laws
    • Laws 1972, Chapter 143
    • Laws 1973, Chapter 74
    • Laws 1977, Chapter 126
    • Laws 1978, Chapter 132
    • Laws 1980, Chapter 135
    • Laws 1981, Chapter 298
    • Laws 1982, Chapter 32
    • Laws 1984, Chapter 224
    • Laws 1985, Chapter 284
    • Laws 1986, Chapter 330
    • Laws 1987, Chapter 126
    • Laws 1989, Chapter 164
    • Laws 2005, Chapter 245
    • Laws 2016, Chapter 128
    • Laws 2017, Chapter 335
    • Laws 2021, Chapter 31
    • Laws 2023, Chapter 16

Arizona Department of Housing website

Manufactured Housing & Building Division website

Arizona Memory Project Arizona Department of Housing agency collection

Arizona Memory Project Arizona Office of Manufactured Housing agency collection

Arizona Memory Project Arizona Department of Building and Fire Safety collection

Arizona Memory Project Arizona Registrar of Contractors agency collection

Arizona Memory Project Arizona Department of Fire, Building and Life Safety agency collection

Performance audit and sunset review, Arizona Department of Housing, 2010

Additional sources related to mobile homes and mobile home spaces

Arizona Mobile Home Parks Residential Landlord and Tenant Act was enacted to simplify, clarify and establish laws governing rental of mobile home spaces and the rights and obligations of landlord and tenant and to encourage landlord and tenant to maintain and improve the quality of mobile home housing. See Laws 1975, Chapter 142, Purpose clause. See A.R.S. §§ 33-1401 et seq.

The Mobile Home Relocation Fund covers cost of relocation due to rental increases and to pay premiums and other costs of purchasing insurance coverage for tenant relocation costs due to a change in property use. The fund can be used to make direct payments for relocation costs if insurance is not available or if the cost of insurance exceeds a certain amount. See A.R.S. §33-1401 et seq.

The Consumer Recovery Fund covers damage claims filed by consumers of manufactured homes, mobile homes or factory-built buildings designed for residential use. See A.R.S. § 41-4041. Applicants for a license must submit a cash deposit or proof of a surety bond to be deposited into the consumer recovery fund in the event of consumer claims or failure to pay fees or costs to the Department. See A.R.S. §41-4029.

Related Collections at Arizona State Archives

  • Record Group 182 – Department of Fire, Building and Life Safety
  • Record Group 187 – Department of Housing