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Mr. Virgil C. Merrick <br />Page 2 <br />the "Department ") to review or approve the plan. Failure of a municipality to approve <br />the plan is not grounds for action against the park by the Department "if the park has <br />made a good faith effort to develop the plan and obtain municipal approval." Thus, <br />while failure to have an approved plan in place at the present time may be seen as a <br />prima facie "violation," the violation would appear to be excused if the park has made <br />a good faith effort to comply. Whether the park has made such a good faith effort is a <br />question of fact. We do not, by opinion, attempt to make factual determinations. Op. <br />Atty. Gen. 629 -a (May 9, 1975). <br />QUESTION TWO <br />Is the park required by Minn. Stat. 5 327.20, subd. 1(7) (1986) to have <br />the plan approved or the shelter constructed by March 1, 1989? <br />OPINION <br />Effective March 1, 1989, Minn. Laws 1987, ch. 195, 5 1 adds a new paragraph to <br />Minn. Stat. 5 327.20, which will apply to the park: <br />A manufactured home park with ten or more manufactured homes, <br />licensed prior to March 1, 1988, shall provide a safe place of shelter for <br />park residents or a plan for the evacuation of park residents to a safe place <br />of shelter within a reasonable distance of the park for use by park residents <br />in times of severe weather, including tornadoes and high. winds. The <br />shelter or evacuation plan must be approved by the municipality by <br />March 1, 1989. The municipality may require the park owner to construct <br />a shelter if it determines that a safe place of shelter is not.available within <br />a reasonable distance from the park. A copy of the municipal approval and <br />the plan shall be submitted by•the park owner to the department of health. <br />Minn. Stat. 5 327.20, subd. 1(7) (Supp. 1987). The provision requires that by March 1, <br />1989, the park shall either provide a shelter or a plan of evacuation. "The shelter or <br />evacuation plan must be approved by the municipality by March 1, 1989." <br />Therefore, there are two ways the park can seek to comply with the law: either <br />build a shelter on its own site or have an evacuation plan to a safe site approved by the <br />Page 22 <br />