PLEASE NOTE: A modular home is considered a manufactured home. There are two types of manufactured homes... mobile/trailer homes and modular homes. Mobile/trailer homes are governed by HUD. Modular homes are stick built homes that are built inside a controlled environment; they are built in modular sections. These sections are placed on, and joined together on a permanent foundation. Modular homes are built according to state regulations/codes, and are not governed by HUD in any way. In ILLINOIS, modular housing is approved and overseen by the IL Department of Public Health in Springfield (IDPH). For a manufacturer to sell a particular "model of home" in IL, they must submit plans for that model to IDPH. Once IDPH approves those plans, that manufacturer can build as many of that "model of home" as they want without any additional approval to build that "model of home". After plan approval, when a manufacturer builds the approved "model of home", each modular section goes through a multiple stage inspection process to ensure that it is built to the codes specified by IDPH, AND that there are no quality control issues. After the home is built AND inspected, the manufacturer can then submit a request for the IL Safety Certification Seal and Code Compliance Certificate. A MANUFACTURER IS NOT ENTITLED TO RECEIVE THE "IL SAFETY CERTIFICATION SEAL" AND THE "CODE COMPLIANCE CERTIFICATE" PRIOR TO THAT "MODEL OF HOME" EVEN BEING APPROVED FOR ILLINOIS. That is like getting a driver's license just because you ask for it.
After my home was placed on the foundation last year, I had problems getting the manufacturer and the dealer to come out and inspect all of the code violations, serious quality control issues and serious structural defects. I complained to the Illinois Department of Public Health in Springfield because they are responsible for ALL modular home model approvals and regulations for Illinois. John Reilly, the Plan Review Engineer, had managed to get the manufacturer and the dealer to come to my home and do a walkthrough inspection on March 2, 2006. The ONLY thing that IDPH ever did was set up that walkthrough inspection. Why? Isn't IDPH there to protect the consumer?
What possible reasons could the IL Department of Public Health have for completely ignoring their very own codes and regulations, and NOT help the consumer?
IDPH spokeswoman Melaney Arnold indicates, "IDPH has done everything that we can."
Justin DeWitt, Chief of Engineering at IDPH indicates,"We did go, we did look, we did respond to the homeowner's request."
My request from the beginning was to have the home replaced.
IDPH told myself and State Representative Mike Tryon (IL District 64) that they are limited to what they can do because they have no authority. This is not the case! I found out that IDPH has an Administrative Code and a Safety Act that set the guidelines for what they can do.
IDPH chose to ignore their own standards and guidelines set by them to protect the consumer.
What the IL Dept of Public Health (IDPH) Could or Should Have Done
They SHOULD HAVE done their job to PROTECT THE CONSUMER.
They SHOULD HAVE demanded that a new replacement home be brought in immediately based on all of the below.
They SHOULD NOT HAVE issued the IL Safety Certification Seal and Code Compliance Certificate specifically for my home when that "model of home" was not yet even approved for IL. According to 430 ILCS 115 Section 5, what "application supported by affidavit or such other evidence did the Department find to satisfy itself that the seals shall be affixed only to manufactured housing units which comply with the applicable safety code"?
They SHOULD NOT HAVE approved my home when IDPH specifically states that approvals are not retroactive... especially when John Reilly of IDPH saw the condition of the home. And, it turned out that this home was built for Indiana, NOT ILLINOIS. Why would John Reilly go against IDPH policy and retroactively approve this home?
They SHOULD HAVE repossessed the IL Safety Certification Seal and Code Compliance Certificate based on these items being requested by Gary Alberson of Liberty Homes, Inc. prior to that "MODEL OF HOME" ever being approved for IL, AND because the IL Department of Public Health issued these items prior to that "MODEL OF HOME" ever being approved for IL, AND because this home was built for Indiana and NOT ILLINOIS, AND also because of the serious code violations and serious structural irregularities. 430 ILCS 115 Section 9, (e) specifically states that IDPH can repossess the Certification Seal.
They SHOULD HAVE been doing inspections at the manufacturers facilities as their Administrative Code 880.50 dictated... this was repealed and amended on July 28, 2006.
They SHOULD HAVE demanded that certain walls be taken down to verify that "what cannot be seen" is built to code because of the initial water damage the home was delivered with and the obvious code violations... this authority is stated in the IDPH Administrative Code 880.50... this was repealed and amended on July 28, 2006.
They SHOULD HAVE investigated NTA, Inc., and more importantly how they inspected the building of this home, and why NTA, Inc. approved this home at the manufacturer's facility with all of these problems... again this is cited in the IDPH Administrative Code 880.50... this was repealed and amended on July 28, 2006.
They SHOULD HAVE contacted the IL Attorney General's office and the OGLE County State's Attorney's office and asked that criminal charges be filed against Liberty Homes, Inc., and Woodale Homes, Inc because it is AGAINST THE LAW to sell a modular home in IL that has not been approved for IL... also because it turned out the home was originally built for Indiana.
They SHOULD HAVE filed charges against Liberty Homes, Inc. because it is against the law to manufacture a modular home for IL which does not conform to IDPH's very own Safety Codes and Regulations.
They SHOULD NOT HAVE misrepresented the truth by telling Representative Mike Tryon and me that they have limited authority, when their Safety ACT 430 ILCS 115 and their Administrative Code 880 indicate otherwise.
Why would IDPH not do what they are supposed to do? They are part of the IL Government and are there to govern and protect the people with laws and regulations that they put in place.
Why would IDPH not go after the manufacturer and the dealer, or repossess the Safety Certification Seal, or demand a new home be built?
During the March 2, 2006 walkthrough, why would John Reilly of IDPH NOT tell the manufacturer that certain walls have to be torn down to see how severe the water damage is on the other side? This is completely within reason based on the apparent code violations, and the initial water damage the home arrived with. This is also well within IDPH's authority based on their Administrative Code, Section 880.50 (a). (One thing to note here is that on July 28, 2006, IDPH amended and repealed certain parts of their Administrative Code 880.)
Why did IDPH not follow and enforce their regulations and rules as outlined in their Safety Act 430 ILCS 115, and their Administrative Code Section 880 and do something? It is well over a year now.
This is about a division of our IL government that is there to protect the consumer, yet turns their back on the consumer.
What did IDPH do to protect the consumer?
This is about what the Illinois Department of Public Health did not do!
Who is ultimately responsible for the home not being built to code and for IL? It is Liberty Homes, Inc.’s responsibility to build the home to code and for IL.
Who was responsible for overseeing modular home production to code, enforcing rules and regulations at that time? IDPH was responsible.
McHenry County Planning & Development has seen the home last year and indicates...
"our inspectors, and indeed the County, must have some confidence in the Illinois Department of Public Health's inspection process and its approval seal".
April 22, 2005 – NEW modular home purchased from Robb Robbins of Woodale Homes, Inc. of Oregon, Illinois. It turned out that my home was not even built for IL.
April 25, 2005 – on the very next business day after I purchased this home, Gary Alberson, the General Manager of Liberty Homes, Inc. is requesting an IL
April 29, 2005 – John Reilly of IDPH is sending Liberty Homes, Inc. an IL Safety Certification Seal and Code Compliance Certificate for my home… serial numbers 36240 and 35707 respectively. THIS IS HAPPENING ALMOST 2 MONTHS BEFORE THIS “MODEL OF HOME” EVEN GETS IDPH APPROVAL TO BE BUILT. How can this be? Why is John Reilly doing this?
Mid-May of 2005 – I found out by calling McHenry County Planning & Development and then calling John Reilly at IDPH, that my “model of home” M4R52-S04 was not approved for Illinois. The same day I spoke with Mr. Reilly, I then called Robb Robbins and told him. Robb Robbins said he would take care of it.
June 16, 2005 – John Reilly of IDPH approved Liberty Homes, Inc.’s M4R52-S04 plans (my model of home)… approval number F-88R30. This is the approval number that Gary Alberson should have referenced in his April 25th letter, but he could not, because this "model of home" was not yet even approved to be built for IL.
January 13, 2006 – modular sections were delivered with wrapping not secured flapping around, or wrapping that was torn, and a window and patio door open, allowing water to enter.
January 14, 2006 – home was set on the foundation, and it immediately became apparent that the home had very serious issues.
February 9, 2006 – I emailed John Reilly asking him if approvals are retroactive. I also spoke with Mr. Reilly indicating that I had very serious CODE and STRUCTURAL issues with my new home.
February 15, 2006 – John Reilly emailed me indicating that APPROVALS ARE NOT RETROACTIVE.
March 2, 2006 – This is the day that John Reilly scheduled for the walkthrough inspection. ON THIS DAY… John Reilly told me that approvals are not retroactive, but since my modular home was at the manufacturer’s facility, he will approve it. Keep in mind that John Reilly's “retroactive approval” of my home was after he had seen the home and its code violations, and very serious structural irregularities, and knowing that the home was not built for IL.
IDPH changed parts of their Administrative Code 880 on July 28, 2006... Title 77, Chapter 1, Subchapter q, Part 880.
Prior to this change, the following was in effect...
1) Under Section 880.50… “Representatives of the Department shall perform inspections necessary to assure compliance of
manufactured housing units and mobile structures with the requirements of this Part and the Act.” This was obviously not done.
2) Under Section 880.50… “The Department shall have the authority to require the manufacturer to remove at his expense building
materials which prevent the Department from inspecting the entire unit. Such removal can be requested only if the unit has been
determined to be in violation of this Part or the Act.”
This should have been demanded immediately by John Reilly of IDPH during the March 2, 2006 inspection walkthrough. Yet, John Reilly
did not request removal of anything. There was obvious initial water damage that the home incurred when the home was delivered.
McHenry County Health Dept noted the home having water damage, and issued a corrections notice. Besides the home being delivered
with obvious code violations, there were potential violations that could not be seen behind the walls. With the amount of visible water damage,
visible code violations and visible structural defects, it would not have been unreasonable for John Reilly to have asked Liberty Homes, Inc. to
tear down some drywall… especially in areas where there was obvious water entry.
3) Under Section 880.50… “The Department may approve or hire an authorized agency to inspect manufactured housing units and
mobile structures. Such approval shall be based on an evaluation of the qualifications of agency personnel to perform the particular
inspection and shall be in writing.”
IDPH told Representative Mike Tryon and me that THEY DID NOT HAVE ANY AUTHORITY in place at the time of my complaint to
them in February 2006. The above is very clear. If IDPH is not going to do the inspections, then they can hire an outside company if this
company qualifies... IDPH has to approve this company. IDPH relied on Liberty's hired inspection company, NTA, Inc., to do the inspections
on my home at the time it was built. Yet, according to John Reilly, IDPH did not have anything set up to confirm or verify approval of any
inspection companies at that time... not until July 28, 2006. Well, which one is it?
When an IL Government agency does not govern... then what is their purpose?
When an IL Government agency completely ignores their own rules, regulations and standards... then what is their purpose?
The full current Section 880 with IDPH's July 28, 2006 revisions can be found here...
http://www.ilga.gov/commission/jcar/admincode/077/07700880sections.html
The proposed amendments and repeals to Section 880 can be found here...
You can see the crossed out/repealed parts in 880.50, and 880.60, and 880 Appendix.
Below is the Paraphrased IDPH Safety Act (430 ILCS 115)
(430 ILCS 115 Section 2)
(b) “person” means a person, partnership, corporation, or other legal entity.
(h) "Seal" means a device or insignia issued by the Department to evidence compliance with the applicable safety code.
(m) "Code compliance certificate" means the certificate provided by the manufacturer to the Department that warrants that the manufactured
housing unit or mobile home complies with the applicable code.
(430 ILCS 115 Section 3)
(a) It is unlawful for any person to sell, or offer for sale within this State any manufactured housing, unless such unit complies with the applicable
safety code.
(b) No person shall manufacture for shipment into this State any manufactured housing unit which does not comply with the applicable safety code.
(430 ILCS 115 Section 4)
No person may sell, or offer for sale to anyone within this State any manufactured housing unit manufactured after July 1, 1976, unless it bears a
seal issued by the Department and a certification by the manufacturer or dealer, that the manufactured housing unit complies with the applicable
safety code.
(430 ILCS 115 Section 5)
The Department shall issue seals to any manufacturer or dealer upon application supported by affidavit or such other evidence which the Department
shall deem necessary to satisfy itself that the seals shall be affixed only to manufactured housing units which comply with the applicable safety code.
(430 ILCS 115 Section 9)
(d) The Department is authorized to perform necessary inspection of manufacturing facilities and products to implement the provisions of this Act. If the
Department appoints non-governmental inspectors or inspection agencies, the Department shall at all times exercise supervisory control over such
inspectors or agencies to insure effective and uniform enforcement of the Code consistent with rules, regulations and interpretations promulgated by the
Department.
(e) Seals may be repossessed if a manufacturer is found by the Department to have affixed a seal in violation of the Code.
(430 ILCS 115 Section 10)
(a) The seal shall remain the property of the Department, and may not be placed upon a manufactured housing unit which is in violation of the
applicable safety code. Compliance with the safety code is the responsibility of a manufacturer.
(b) Class B misdemeanor... Each day of violation constitutes a separate offense. The State's Attorney of the county in which the violation
occurred or the Attorney General shall bring such action in the name of the People of the State of Illinois.
(430 ILCS 115 Section 11)
The notice of hearing, complaint and all other documents in the nature of pleadings and written motions filed in the proceedings, the transcript of
testimony, the report and orders of the Department shall be the record of such proceedings. The Department shall furnish a transcript of such
record to any person or persons interested in such hearing upon payment.
The full “Safety Act” 430 ILCS 115 can be found here...
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1667&...d+Mobile+Home+Safet