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Title XLI CODES AND STANDARDS

Chapter 700

Effective - 28 Aug 1982 bottom

  700.076.  Owner to anchor manufactured home, how, when — commission may promulgate rules — insurers to insure, when, must pay, when — suit against persons anchoring or tying down manufactured home, damages, equitable relief. — 1.  The owner of a manufactured home shall secure the manufactured home to the ground by the use of anchors and tiedowns so as to resist wind overturning and sliding.  However, nothing herein shall be construed as requiring that anchors and tiedowns be installed to secure manufactured homes which are permanently attached to a permanent structure.  A permanent structure shall have a foundation and such other structural elements as assure the rigidity and stability of the manufactured home.

  2.  The commission shall have authority to promulgate regulations relating to manufactured home or modular unit tiedowns or anchors setting minimum standards for both the manufacture and installation of tiedowns and anchors.

  3.  (1)  Persons licensed in this state to engage in the business of insuring manufactured homes that are subject to the provisions of this section against damage from windstorm shall issue such insurance only if the manufactured home has been anchored and tied down in accordance with the provisions of this section.

  (2)  In the event that a manufactured home is insured against damage caused by windstorm and subsequently sustains windstorm damage of a nature that indicates that the manufactured home was not anchored or tied down in the manner required by this section, the person issuing the policy shall not be relieved from meeting the obligations specified in the insurance policy with respect to such damage on the basis that the manufactured home was not properly anchored or tied down.

  4.  Whenever a person who engages in the business of installing anchors, tiedowns, or over-the-roof ties or who engages in the business of manufacturing such devices for use in this state does so in a manner not in accordance with the minimum standards set forth by the commission, a person aggrieved thereby may bring an action in the appropriate court for actual damages and attorney's fees.  In addition, the court may provide appropriate equitable relief including the enjoining of a violator from engaging in further violations.  Whenever it is established to the satisfaction of the court that a willful violation has occurred, the court shall award punitive damages to the aggrieved party.

  5.  Any violation of the provisions of this section shall constitute a violation of the provisions of section 407.020.

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(L. 1976 H.B. 1393, A.L. 1978 S.B. 739, A.L. 1982 S.B. 648)


---- end of effective   28 Aug 1982 ----

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