CHAPTER 34-34A
MANUFACTURED HOME CONSTRUCTION
34-34A-1 Definition of terms.
34-34A-1.1 Manufactured home defined.
34-34A-2 34-34A-2 to 34-34A-8. Repealed by SL 1990, ch 278, §§ 3 to 9.
34-34A-9 34-34A-9 to 34-34A-9.2. Repealed by SL 1982, ch 267, §§ 11 to 13.
34-34A-9.3 Construction and safety standards--Promulgation of rules.
34-34A-9.4 Prohibited acts.
34-34A-9.5 Transactions exempt from application of statutory manufacture or sale provisions.
34-34A-9.6 Violation of prohibitions by persons not licensed under federal act.
34-34A-9.7 Violation of manufacture or sale prohibitions--Misdemeanor.
34-34A-10 34-34A-10. Repealed by SL 1982, ch 267, § 14.
34-34A-10.1 Inspection of manufacturing and sales facilities.
34-34A-10.2 Records and reports required of manufacturers, distributors, and dealers.
34-34A-10.3 Monitoring inspection fee.
34-34A-11 Interference with departmental representative as misdemeanor.
34-34A-12 34-34A-12. Repealed by SL 1982, ch 267, § 15.
34-34A-12.1 Hearings on violations.
34-34A-13 34-34A-13 to 34-34A-15. Repealed by SL 1982, ch 267, §§ 16 to 18.
34-34A-16 Additional construction requirements not applicable--Zoning and tax laws applicable.
34-34A-17 34-34A-17. Repealed by SL 1982, ch 267, § 19.
34-34A-18 34-34A-18. Transferred to § 34-34A-11.
34-34A-19 Standards for installation--Rules.
34-34A-20 Severability of provisions.
34-34A-21 Citation of chapter.
34-34A-1. Definition of terms.
Terms used in this chapter mean:
(1) "Dealer," any person engaged in the sale, leasing, or distribution of new manufactured homes primarily to persons who in good faith purchase or lease a manufactured home for purposes other than resale;
(2) "Department," the Department of Public Safety;
(3) "Distributor," any person engaged in the sale and distribution of manufactured homes for resale;
(4) Deleted by SL 2004, ch 17, § 213;
(5) "Federal manufactured home construction and safety standard," any reasonable standard established by the federal government for the construction, design, and performance of a manufactured home that meets the needs of the public, including the needs for quality, durability and safety;
(6) "Manufactured home construction," all activities relating to the assembly and manufacture of a manufactured home, including those relating to durability, quality and safety;
(7) "Manufactured home safety," through the performance of a manufactured home, the protection of the public against any unreasonable risk of the occurrence of accidents due to the design or construction of the manufactured home or any unreasonable risk of death or injury to the user or to the public if such accidents do occur;
(8) "Manufacturer," any person engaged in manufacturing or assembling manufactured homes, including any person engaged in importing manufactured homes for resale;
(9) "Purchaser," the first person purchasing a manufactured home in good faith for purposes other than resale;
(10) "Secretary," the secretary of the Department of Public Safety;
(11) "State administrative agency," a state agency that has been approved or conditionally approved by the federal government to carry out the state plan for enforcement of the federal standards.
Source: SL 1973, ch 216, § 1; SL 1982, ch 267, § 1; SL 1985, ch 15, § 42; SL 1990, ch 278, § 1; SL 2003, ch 272, §§ 20, 121; SL 2004, ch 17, § 213.
34-34A-1.1. Manufactured home defined.
A manufactured home is a structure that meets the following requirements:
(1) It is transportable in one or more sections;
(2) Its body is eight or more feet wide or forty or more feet long in the traveling mode or it occupies three hundred twenty or more square feet when erected on a site;
(3) It is built on a permanent chassis;
(4) It is designed to be used as a dwelling with or without a permanent foundation when it is connected to the required utilities.
The term includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. The term also includes any structure that meets all of the requirements of this section except the size requirements and for which the manufacturer voluntarily files a certification required by the secretary and complies with the standards established under this chapter.
Source: SL 1990, ch 278, § 2.
34-34A-9.3. Construction and safety standards--Promulgation of rules.
The state fire marshal is responsible for the adoption, administration, and enforcement of manufactured home construction and safety standards. The state fire marshal shall promulgate, pursuant to chapter 1-26, the standards and any rules necessary to administer and enforce the standards. The standards promulgated shall be identical to the standards promulgated pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq. and set forth in 24 C. F.R. § 3280 as of January 1, 2020. The state fire marshal shall discharge this duty consistent with the rules promulgated by the United States Department of Housing and Urban Development and set forth in 24 C.F.R. § 3282 as of January 1, 2020.
Source: SL 1977, ch 286, § 4; SL 1982, ch 267, § 2; SL 1990, ch 278, § 10; SL 1991, ch 284, § 1; SL 2004, ch 17, § 214; SL 2020, ch 146, § 1.
34-34A-9.4. Prohibited acts.
No person may:
(1) Manufacture for sale, lease, sell, offer for sale or lease, introduce or deliver, or import into the State of South Dakota any home which is manufactured on or after the effective date of any applicable federal manufactured home construction and safety standard and does not comply with that standard;
(2) Fail or refuse to permit access to or copying of records, or fail to make reports or provide information or fail or refuse to permit entry or inspection as required by § 34-34A-10.1;
(3) Fail to furnish notification of any defect as required by 42 U.S.C. § 5414;
(4) Fail to issue a certification required by 42 U.S.C. § 5415;
(5) Issue a certification to the effect that a manufactured home conforms to all applicable federal manufactured home construction and safety standards if the person, exercising due care, has reason to know that the certification is false or misleading in a material respect;
(6) Fail to establish and maintain records, to make reports or to provide information that the division may reasonably require to determine if there is compliance with this chapter and with the National Manufactured Housing Construction and Safety Standards Act of 1974; or fail to permit, upon request of a person authorized by the division, inspection of appropriate books, papers, records and documents to determine if a manufacturer, distributor or dealer has acted or is acting in compliance with this chapter or with the National Manufactured Housing Construction and Safety Standards Act of 1974; or
(7) Issue a certification pursuant to 42 U.S.C. § 5403(h) if that person knows that the certification is false or misleading in a material respect.
Source: SL 1982, ch 267, § 4; SL 1990, ch 278, § 11; SL 2020, ch 146, § 2.
34-34A-9.5. Transactions exempt from application of statutory manufacture or sale provisions.
Subdivision 34-34A-9.4(1) does not apply:
(1) To the offer for sale or to the sale of any manufactured home after the first purchase of it in good faith for purposes other than resale; or
(2) To any person who establishes that he did not have reason to know, exercising due care, that the manufactured home does not conform with applicable federal manufactured home construction and safety standards.
Source: SL 1982, ch 267, § 6; SL 1990, ch 278, § 12.
34-34A-9.6. Violation of prohibitions by persons not licensed under federal act.
A person who violates any of the provisions of § 34-34A-9.4 relating to manufactured homes or any rule promulgated by the State Fire Marshal to administer the provisions of this chapter is liable for a civil penalty not exceeding one thousand dollars for each violation. Each violation is a separate offense with respect to each manufactured home, except that the maximum penalty may not exceed one million dollars for any related series of violations occurring within one year from the date of the first violation.
Source: SL 1982, ch 267, § 3; SL 2004, ch 17, § 215.
34-34A-9.7. Violation of manufacture or sale prohibitions--Misdemeanor.
A person or an officer, director, or agent of a corporation who knowingly violates the provisions of § 34-34A-9.4 in any manner which threatens the health or safety of a purchaser is guilty of a Class 1 misdemeanor.
Source: SL 1982, ch 267, § 5; SL 1990, ch 278, § 13.
34-34A-10.1. Inspection of manufacturing and sales facilities.
A representative of the State Fire Marshal may enter, at reasonable times and without advance notice, a factory, warehouse, or establishment in which manufactured homes are manufactured, stored, or held for sale, to inspect, at reasonable times, in a reasonable manner and within reasonable limits, such place, and to inspect the books, papers, records, and documents relating to the construction of manufactured homes or the failure of a manufactured home to comply with applicable manufactured home construction and safety standards.
Source: SL 1982, ch 267, § 7; SL 2004, ch 17, § 216.
34-34A-10.2. Records and reports required of manufacturers, distributors, and dealers.
Each manufacturer, distributor, and dealer of manufactured homes shall establish and maintain records, make reports and provide information as the State Fire Marshal or the secretary of the United States Department of Housing and Urban Development may reasonably require for the State Fire Marshal or the United States secretary to determine whether the manufacturer, distributor, or dealer has acted or is acting in compliance with this chapter or with the National Manufactured Housing Construction and Safety Standards Act of 1974; and, upon request of a person designated by the State Fire Marshal or the United States secretary, shall permit that person to inspect appropriate books, papers, records, and documents relevant to determining whether a manufacturer, distributor, or dealer has acted or is acting in compliance with this chapter or with the National Manufactured Housing Construction and Safety Standards Act of 1974.
Source: SL 1982, ch 267, § 8; SL 2004, ch 17, § 217.
34-34A-10.3. Monitoring inspection fee.
The State Fire Marshal shall establish a monitoring inspection fee in an amount determined by the secretary of the United States Department of Housing and Urban Development. The monitoring inspection fee is an amount paid by the manufacturer for each manufactured home produced in South Dakota to the secretary of the United States Department of Housing and Urban Development. The United States secretary distributes the fees collected from all manufactured home manufacturers among the approved and conditionally approved states, based on the number of new manufactured homes whose first location, after leaving the manufacturing plant, is on the premises of a distributor, dealer, or purchaser in that state.
Source: SL 1982, ch 267, § 9; SL 2004, ch 17, § 218.
34-34A-11. Interference with departmental representative as misdemeanor.
No person may interfere with, obstruct, or hinder an authorized representative of the department in the performance of its duties under this chapter. Any person who violates this section is guilty of a Class 1 misdemeanor.
Source: SL 1973, ch 216, §§ 14, 16; SDCL Supp, § 34-34A-18; SL 1977, ch 190, § 90.
34-34A-12.1. Hearings on violations.
The State Fire Marshal may conduct hearings on matters relating to violations or consumer complaints, including the holding of formal and informal presentation of views, of this chapter consistent with the regulations adopted by the Department of Housing and Urban Development. The division shall hold hearings in accordance with chapter 1-26.
Source: SL 1982, ch 267, § 10; SL 1990, ch 278, § 14; SL 2004, ch 17, § 219.
34-34A-16. Additional construction requirements not applicable--Zoning and tax laws applicable.
If a manufactured home complies with the standards, neither this state nor any political subdivision thereof may require such manufactured home to comply with any additional building, plumbing, heating, or electrical requirements. However, the State Fire Marshal may promulgate rules for fire safety pursuant to §§ 13-25-1 and 13-25-2. The provisions of this section do not apply to zoning or taxation.
Source: SL 1973, ch 216, § 9; SL 1976, ch 226; SL 1990, ch 278, § 15; SL 2004, ch 17, § 220.
34-34A-19. Standards for installation--Rules.
The State Fire Marshal shall establish standards for the installation of manufactured homes and may adopt rules pursuant to chapter 1-26 in the following areas:
(1) Definitions;
(2) Siting and foundation systems;
(3) Exterior plumbing;
(4) Exterior mechanical equipment (heating and cooling);
(5) Exterior fuel supply;
(6) Exterior electrical;
(7) Life and fire safety;
(8) Anchoring for wind upset and sliding;
(9) Other rules necessary to implement the provisions of 24 C.F.R. § 3283, as of April 1, 1990.
Source: SL 1973, ch 216, § 11; SL 1986, ch 22, § 9; SL 1990, ch 278, § 16; SL 1991, ch 284, § 2; SL 2004, ch 17, § 221.
34-34A-20. Severability of provisions.
If a part of this chapter is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this chapter is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.
Source: SL 1973, ch 216, § 17.
34-34A-21. Citation of chapter.
This chapter may be cited as the South Dakota Manufactured Home Construction and Safety Standard Act.
Source: SL 1973, ch 216, § 18; SL 1990, ch 278, § 17.
