21.8121.01000
Sixty-seventh
Legislative Assembly HOUSE BILL NO. 1103
of North Dakota
Introduced by
Human Services Committee
(At the request of the State Department of Health)
1 A BILL for an Act to create and enact sections 23-10-06.1 and 23-10-06.2 of the North Dakota
2 Century Code, relating to mobile home park, recreational vehicle park, and campground license
3 renewals and transfers; to amend and reenact sections 23-10-01, 23-10-02, 23-10-02.1,
4 23-10-03, 23-10-04, 23-10-06, 23-10-07, 23-10-07.1, 23-10-09, 23-10-10, 23-10-10.1, 23-10-11,
5 and 23-10-12 of the North Dakota Century Code, relating to mobile home parks, recreational
6 vehicle parks, and campgrounds; and to provide a penalty.
7 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
8 SECTION 1. AMENDMENT. Section 23-10-01 of the North Dakota Century Code is
9 amended and reenacted as follows:
10 23-10-01. Definitions.
11 In this chapter, unless the context or subject matter otherwise requires:
12 1. "Campground" means any parcel of land containing three or more lots intended for
13 occupancy by travel trailersrecreational vehicles or tents.
14 2. "Department" means the state department of health.
15 3. "Lot" means any piece of land of required size intended for occupancy by a mobile
16 home, travel trailerrecreational vehicle, or tent.
17 4. "Mobile home" means any relocatable manufactured, modular, or prefabricated
18 structure or unit whichthat is designed to be used as residential living quarters. The
19 term does not include a recreational vehicle.
20 5. "Mobile home park" means any parcel of land containing three or more lots intended
21 for occupancy by mobile homes.
22 6. "Person" means any individual, firm, trust, partnership, public or private association,
23 corporation, or limited liability company.
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1 7. "Trailer park" means any parcel of land containing three or more lots intended for
2 occupancy by travel trailers.
3 8. "Travel trailer"Recreational vehicle" means any portable unita vehicular-type unit
4 primarily designed to be used as a temporary dwellingliving quarters for travel or
5 recreational purposes, camping, or travel use, which either has its own mode of power
6 or is mounted on or towed by another vehicle. The term travel trailer includes the
7 following:
8 a. An independent travel trailerrecreational vehicle, which is a travel trailer
9 containing toilet and lavatory facilities.
10 b. A dependent travel trailerrecreational vehicle, which is a travel trailer
11 containingcontains either toilet or lavatory facilities or having neither facility.
12 8. "Recreational vehicle park" means a parcel or tract of land under the control of a
13 person, organization, or government entity where three or more lots are offered for use
14 by members of the public or an organization for rent or lease, including park-owned
15 recreational vehicles held out for rent or lease. A recreational vehicle park is primarily
16 designed to accommodate recreational vehicles.
17 SECTION 2. AMENDMENT. Section 23-10-02 of the North Dakota Century Code is
18 amended and reenacted as follows:
19 23-10-02. Department to make regulations - Compliance.
20 The department shall have general supervision over the health, safety, sanitary condition,
21 and legal compliance as outlined in this chapter of all mobile home parks, trailerrecreational
22 vehicle parks, and campgrounds in this state and may promulgate and enforce appropriate
23 rules and regulations in accordance with chapter 28-32. All mobile home parks,
24 trailerrecreational vehicle parks, and campgrounds constructed after July 1, 1977, must be
25 constructed in accordance with the requirements of this chapter and the rules and regulations
26 promulgated at the time of construction. All mobile home parks, trailerrecreational vehicle parks,
27 and campgrounds constructed before July 1, 1977, shall meet the requirements of this chapter
28 by July 1, 1985. All mobile home parks, trailerrecreational vehicle parks, and campgrounds shall
29 meet rules and regulations duly promulgated after construction of the park or campground
30 within eight years after the effective date of the rule or regulation.
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1 SECTION 3. AMENDMENT. Section 23-10-02.1 of the North Dakota Century Code is
2 amended and reenacted as follows:
3 23-10-02.1. Department authorized to accept local enforcement and inspection.
4 The department shall accept state, federal, city, or county enforcement of local sanitation,
5 safety, zoning, and inspection requirements in lieu of the enforcement of sanitation, safety, and
6 inspection requirements of the department under this chapter if the department determines that
7 the state, federal, city, or county requirements meet or exceed the requirements of this chapter
8 and any rules and regulations promulgated under this chapter. Prior toBefore accepting state,
9 federal, city, or county enforcement of local requirements, the department shall determine that
10 the state, federal, city, or county requirements meet or exceed the requirements of this chapter
11 and any rules and regulations promulgated under this chapter.
12 SECTION 4. AMENDMENT. Section 23-10-03 of the North Dakota Century Code is
13 amended and reenacted as follows:
14 23-10-03. License required - Application.
15 A person may not establish, maintain, change use, mix use, or enlarge a mobile home park,
16 trailerrecreational vehicle park, or campground in this state without first obtaining a license from
17 the department. The application for the license must be made in writing to the department and
18 must state the location and type of the mobile home park, trailerrecreational vehicle park, or
19 campground, the proposed water supply, the proposed method of sewerage and garbage
20 disposal, and such other information as may be required by the department. Application forms
21 must be prepared by the department and distributed upon request. The department shall waive
22 the license fee for any mobile home park, trailerrecreational vehicle park, or campground owned
23 by the state, a municipality, or a nonprofit organization. The department shall waive all or a
24 portion of the license fee for any mobile home park, trailerrecreational vehicle park, or
25 campground that is subject to local sanitation, safety, and inspection requirements accepted by
26 the department under section 23-10-02.1. A prorated annual license fee may be charged for
27 new mobile home parks, trailerrecreational vehicle parks, and campgrounds. The
28 departmenthealth council may adopt rules establishing the amount and the procedures for the
29 collection of annual license fees. The fees must be based on the cost of reviewing construction
30 plans, conducting routine and complaint inspections, reinspection, and necessary enforcement
31 action. License fees collected pursuant to this section must be deposited in the department's
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1 operating fund in the state treasury and any expenditure from the fund is subject to
2 appropriation by the legislative assembly.
3 SECTION 5. AMENDMENT. Section 23-10-04 of the North Dakota Century Code is
4 amended and reenacted as follows:
5 23-10-04. Inspection.
6 The department shall inspect the premises as soon as practical after receiving an
7 application for a mobile home park, trailerrecreational vehicle park, or campground license. If
8 the department is satisfied from the application and inspection that the mobile home park,
9 trailerrecreational vehicle park, or campground will not be a source of danger to the health and
10 safety of the occupants or the general public, itthe department shall notify the applicant of its
11 approval of the application and of the amount of the license fee. The department shallmust have
12 access to and may inspect mobile home parks, trailerrecreational vehicle parks, and
13 campgrounds at reasonable times. The department shallmay inspect each mobile home park,
14 trailerrecreational vehicle park, and campground at least once every two yearsin response to a
15 complaint, violation of state law, or on a routine schedule determined by the department.
16 SECTION 6. AMENDMENT. Section 23-10-06 of the North Dakota Century Code is
17 amended and reenacted as follows:
18 23-10-06. License issuance - TransferabilityFee.
19 An applicant seeking licensure shall apply to the department on forms prescribed by the
20 department. The applicant shall enclose with the application an application fee as determined
21 by rule. The department shall issue a license to thean applicant upon approving the application
22 and receiving the license fee. The license must be upon a form prescribed by the department,
23 must be for a term of one year from January first to December thirty-first, and must be
24 renewable upon the same basis as that upon which it was originally issued. A penalty of
25 twenty-five percent of the license fee must be imposed if the license is not renewed on or before
26 January thirty-first following the expiration date. The license must be transferred without charge
27 if the proposed new owner applies in writing for a transfer of the license and certifies that the
28 mobile home park, trailer park, or campground will be operated in accordance with this
29 chapterwho meets all of the requirements of this chapter and any rules adopted by the health
30 council.
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1 SECTION 7. Section 23-10-06.1 of the North Dakota Century Code is created and enacted
2 as follows:
3 23-10-06.1. License renewal.
4 1. A license issued under this chapter expires on December thirty-first of each year.
5 2. A license may be renewed by December thirty-first by submitting a renewal
6 application, a renewal fee established rule, provided the licensee is in compliance with
7 this chapter and any rules established by the health council.
8 3. If the renewal application and renewal fee are not received by December thirty-first,
9 the license expires and the licensee may not operate.
10 4. Within sixty days after December thirty-first, an expired license may be renewed by
11 submitting the renewal application, renewal fee, and a late fee. The late fee is equal to
12 fifty percent of the license fee.
13 5. If the renewal application, renewal fee, and late fee are not received within sixty days
14 after December thirty-first, the department may not renew the license, and the
15 applicant shall apply and meet the requirements for licensure to be granted a license.
16 6. The department may extend the renewal deadline for applications providing proof of
17 hardship rendering the applicant unable to meet the deadline.
18 SECTION 8. Section 23-10-06.2 of the North Dakota Century Code is created and enacted
19 as follows:
20 23-10-06.2. License transferability.
21 The department shall transfer a license without charge if the proposed new owner applies in
22 writing for a transfer of the license and certifies that the mobile home park, recreational vehicle
23 park, or campground will be operated in accordance with this chapter.
24 SECTION 9. AMENDMENT. Section 23-10-07 of the North Dakota Century Code is
25 amended and reenacted as follows:
26 23-10-07. Sanitation and safety.
27 Every mobile home park, trailerrecreational vehicle park, and campground must be
28 operated with strict regard for the health, safety, and comfort of its occupants. The following
29 sanitary and safety regulations must be followed:
30 1. Location: Every mobile home park must be established and maintained upon dry,
31 well-drained ground. Any natural sinkholes or collection or pool of water must be
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1 artificially drained and filled. TrailerRecreational vehicle park and campground lots
2 must be established and maintained upon dry, well-drained spaces.
3 2. Drinking water supply: An adequate supply of potable and safe drinking water must be
4 provided. Water from other than a municipal supply may not be used until inspected,
5 tested, and certified by the departmentThe operator of a mobile home park,
6 recreational vehicle park, or campground shall supply drinking water at the mobile
7 home park, recreational vehicle park, or campground which is obtained from an
8 approved source that is a public water system or a nonpublic water system that is
9 constructed, maintained, and operated according to law.
10 3. Towels: The placing of roller cloth towels for public use in any washroom or place
11 within a mobile home park, trailerrecreational vehicle park, or campground is
12 prohibited. Individual cloth towels, cloth towels provided in mechanical dispensers,
13 individual paper towels, or roller paper towels must be placed for use.
14 4. Toilets: Modern sanitary flush toilets must be provided where a sewer connection is
15 available. If a sewer connection is not available, sanitary flyproof privies must be
16 maintained. All toilets and privies must be kept in a clean, sanitary condition. Separate
17 toilets and privies must be provided for each sex. No privy or cesspool may be located
18 less than one hundred feet [30.48 meters] from any well, kitchen, or sleeping quarters.
19 5. Garbage: All garbage and refuse must be stored in metal flyproofdurable, cleanable,
20 insect- and rodent-resistant containers, and the contents removed and disposed of on
21 a regular basisat a frequency that will minimize the development of objectionable
22 odors and other conditions that attract or harbor insects and rodents. All buildings
23 within the mobile home park, trailerrecreational vehicle park, or campground must be
24 screened against flies and kept in a clean and sanitary condition.
25 6. Plumbing installations: All plumbing installations in a mobile home park,
26 trailerrecreational vehicle park, or campground must be made in accordance with the
27 state plumbing code and state laws.
28 7. Electrical installations: All electrical installations in a mobile home park,
29 trailerrecreational vehicle park, or campground must be made in accordance with the
30 state electrical code.
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1 8. Streets and roadways: Each mobile home park, trailerrecreational vehicle park, and
2 campground shallmust have roadways or streets wide enough to facilitate the
3 movement of traffic within the park or campground.
4 9. Lighting: Each mobile home park must be well-lighted, recreational vehicle park, and
5 campground must have adequate lighting as set forth in rule.
6 10. Fire protection: Each mobile home park shall, recreational vehicle park, and
7 campground must have adequate fire protection in accordance with the state fire code.
8 11. Playgrounds: Each mobile home park containing twenty-five or more lots shall provide
9 playground space equivalent to one lot for every twenty-five lots in the park.
10 12. Multiple-story parks: A multiple-story mobile home park or trailer park may not be
11 constructed in this state.
12 SECTION 10. AMENDMENT. Section 23-10-07.1 of the North Dakota Century Code is
13 amended and reenacted as follows:
14 23-10-07.1. Service fees.
15 Service fees that reasonably reflect the cost of the service provided in a mobile home park,
16 trailerrecreational vehicle park, or campground may be charged. Fees may not be charged
17 unless a service is actually provided.
18 SECTION 11. AMENDMENT. Section 23-10-09 of the North Dakota Century Code is
19 amended and reenacted as follows:
20 23-10-09. Occupancy record.
21 The owner or manager of a mobile home park, trailerrecreational vehicle park, or
22 campground shall maintain a current record of the names of the occupants of the park or
23 campground.
24 SECTION 12. AMENDMENT. Section 23-10-10 of the North Dakota Century Code is
25 amended and reenacted as follows:
26 23-10-10. Posting rules and regulations.
27 The owner or manager of a licensed mobile home park, recreational vehicle park, or
28 campground conspicuously shall post or distribute a digital or hard copy of this chapter and the
29 relevant rules and regulations to each tenant in the park. The owner or manager of a trailer park
30 or campground shall conspicuously post a copy of this chapter and the relevant rules and
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1 regulations in the trailer park or campground. Material required to be distributed or posted under
2 this section must be provided by t