IL Dept of Public Health
PLEASE NOTE: At the time this modular home was built and sold, the IL Dept of Public Health (IDPH) noted that a modular home is considered a manufactured home. IDPH inducated there were 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 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 this home was placed on the foundation in January 2006, 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 approvals and regulations for Illinois. Through John Reilly, the Plan Review Engineer, a walkthrough inspection was set up with Liberty Homes Inc. (manufacturer) and the dealer to come to this home 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? The IDPH website said that they were!
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 indicated... "IDPH has done everything that we can."
Justin DeWitt, Chief of Engineering at IDPH indicated... "We did go, we did look, we did respond to the homeowner's request."
IDPH told me 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 this home when the plans for this "model of home" were not yet even approved for IL. According to 430 ILCS 115 Section 5, IDPH should have received... "an 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 this 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 Certification Seal and Code Compliance Certificate based on these items being requested by Gary Alberson, general manager of Liberty Homes, Inc., prior to that "MODEL OF HOME" ever being approved to be built in 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 defects. 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/or 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 visible code violations... this authority is stated in the IDPH Administrative Code 880.50... this was repealed and/or amended on July 28, 2006.
• They SHOULD HAVE investigated NTA, Inc., (the 3rd party inspection company) and more importantly how they inspected the construction process of this home, and why NTA, Inc. approved this home at the manufacturer's facility despite all of these problems being in plain sight... again this is cited in the IDPH Administrative Code 880.50... this was repealed and/or 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 brought 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 IL State 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 helped 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 visible code violations, and the visible 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. So, much of what I am referring to with Section 880 is no longer in affect.)
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 4.5 years now.
McHenry County Planning and Development has seen the home in 2006 and indicated...
"our inspectors, and indeed the County, must have some confidence in the Illinois Department of Public Health's inspection process and its approval seal".
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 had 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 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 this 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...
http://www.idph.state.il.us/rulesregs/77-880proposed.pdf
You can see the crossed out/repealed parts in 880.50, and 880.60, and 880 Appendix.
Below is a portion of the 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