Kan. Admin. Regs. Agency 127 — Kansas Housing Resources Corporation

Article 1 Dwellings Constructed With Public Financial Assistance; Accessibility Standards

Kan. Admin. Regs. § 127-1-1 Request for waiver from accessibility standards

(a) "Director" means the director of the division of housing in the Kansas development finance authority or a designee.

(b)(1) Each application for a waiver of an accessibility requirement established by K.S.A. 58-1402, and amendments thereto, shall be submitted to the director in writing. The application shall identify the following:

(A) The specific accessibility standard or standards for which the applicant is requesting a waiver;

(B) the street address of the dwelling for which the wavier is requested, as well as the city and county in which the dwelling is located;

(C) the public financial assistance program used to assist in financing the construction of the dwelling; and

(D) the reasons for the requested waiver.

(c)(1) Each application for a waiver based on financial impracticality shall include a notarized estimate of the costs of complying with the accessibility standard or standards for which a waiver is requested. The estimate shall be provided by a residential builder or contractor qualified by experience with projects of a similar size and scope.

(2) Each application for a waiver based on environmental impracticality shall include an official topographical map depicting those natural hazards of the dwelling site that make it impracticable to comply with the accessibility standard or standards for which a waiver is requested. Full compliance shall be considered environmentally impractical only in those rare circumstances when the unique characteristics of terrain prevent the incorporation of accessibility features. If full compliance is determined environmentally impracticable, any portion of the facility that can be made accessible shall continue to be subject to the accessibility standard or standards for which a waiver is requested.

(d) The proceedings for consideration by the director of each request for a waiver shall not be subject to the Kansas administrative procedure act. Following a review of the application for a waiver, additional information and documentation pertaining to the basis for the requested waiver may be requested by the director. Within 60 days of the date on which the director receives the application for a waiver, written notice of the director's determination regarding the waiver application shall be provided to the applicant. The written determination shall provide notice of the applicant's right to review of the determination under K.S.A. 77-601 et seq., and amendments thereto.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 2004 Supp. 58-1405 and 58-1407; implementing K.S.A. 2004 Supp. 58-1405; effective June 3, 2005.)

Article 2 Kansas Manufactured Housing Installation

Kan. Admin. Regs. § 127-2-1 Definitions

As used in K.S.A. 58-4219(a) and amendments thereto, the following phrases shall have the meanings specified in this regulation:

(a) "Installation of heating and air conditioning systems" shall mean the installation of the heating system, the air conditioning unit, and the electrical branch circuit for that air conditioning unit.

(b) The phrase "the hookup of electric, gas and water utilities" shall mean the following:

(1) The installation of the electrical service line from the main service-disconnecting means to the manufactured home;

(2) the installation of a service line from the natural gas meter or the propane fuel tank to the manufactured home; and

(3) the installation of service lines from the water meter to the manufactured home and from the sewer riser to the manufactured home.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 58-4225; implementing K.S.A. 58-4219; effective March 6, 2009.)

Kan. Admin. Regs. § 127-2-2 Installation standards

(a) Except as specified in this regulation, each of the terms defined in K.S.A. 58-4202, and amendments thereto, shall have the meaning specified in that statute.

(b) The definition of "manufactured home" in 24 C.F.R. 3280.2, as promulgated by the U.S. department of housing and urban development and in effect on February 8, 2008, is hereby adopted by reference.

(c) The following federal regulations promulgated by the U.S. department of housing and urban development, as in effect on November 10, 2014, are hereby adopted by reference:

(1) The following provisions of 24 C.F.R. Part 3280:

(A) In 3280.302, the definitions of "anchor assembly," "anchoring equipment," "anchoring system," "diagonal tie," "foundation system," "ground anchor," "stabilizing devices," and "support system"; and

(B) 3280.306(b)(2)(iii) and (iv); and

(2) the following provisions of 24 C.F.R. Part 3285:

(A) The following sections of subpart A:

(i) 3285.2(c) and (d);

(ii) 3285.4(b), (c), (d), (e), (f), (g), (h)(2) and (3), (i), and (j);

(iii) 3285.5; and

(iv) 3285.6;

(B) the following sections or portions of sections of subpart B:

(i) The first sentence of 3285.101;

(ii) 3285.102; and

(iii) 3285.103;

(C) subpart C, except that registered manufacturer's installation instructions may be substituted for 3285.204;

(D) subpart D, except that 3285.302 shall not be adopted and except that registered manufacturer's installation instructions may be substituted for the following:

(i) 3285.301;

(ii) the first sentence of 3285.302;

(iii) tables 1 and 2 to 3285.303;

(iv) figure A, "typical mate-line column pier and mating wall support when frame only blocking is required," to 3285.310;

(v) figure B, "typical mate-line column pier and mating wall support when perimeter blocking is required," to 3285.310(b);

(vi) 3285.312(b); and

(vii) figure A, "typical blocking diagrams for single section homes," and figure B, "typical blocking diagram for multi-section home," to 3285.312;

(E) subpart E, except that registered manufacturer's installation instructions may be substituted for 3285.404;

(F) subpart F;

(G) subpart G;

(H) subpart H; and

(I) subpart I, except that registered manufacturer's installation instructions may be substituted for 3285.802.

(d) Any manufacturer's installation designs and instructions that have been approved by the secretary of the U.S. department of housing and urban development or by a design approval primary inspection agency (DAPIA), as provided in 24 C.F.R. 3285.2, may be filed with the corporation. On and after the date on which designs and instructions are filed, they shall be considered "registered manufacturer's installation instructions" for purposes of subsection (c).

(e)(1) Each addition, modification, replacement, or removal of any equipment that affects the installation of a manufactured home and is made by the installer before completion of the installation of the home shall meet or exceed the protections and requirements of the installation standards specified in this regulation.

(2) An alteration specified in paragraph (e)(1) shall not affect the applicability of the manufactured home construction and safety standards. An alteration specified in paragraph (e)(1) shall not impose additional loads on the manufactured home or its foundation, unless the alteration meets the following requirements:

(A)(i) Is included in the manufacturer's DAPIA-approved designs and installation instructions; or

(ii) is designed by a registered professional engineer or architect and is consistent with the manufacturer's design; and

(B) conforms to the requirements of the manufactured home construction and safety standards.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 58-4218 and 58-4225; implementing K.S.A. 58-4217 and 58-4218; effective March 6, 2009; amended May 1, 2015.)

Kan. Admin. Regs. § 127-2-3 Liability insurance requirement

Each applicant for a manufactured home installer's license shall demonstrate that the applicant carries liability insurance of at least $200,000.

***** Authenticated Kansas Administrative Regulation *****

History

• History: (Authorized by K.S.A. 58-4225; implementing K.S.A. 58-4219; effective March 6, 2009.)