Current through Register Vol. 49, No. 9, September, 2024
CHAPTER 1.
AUTHORITY
Act 419 of 1977 created the Arkansas Manufactured Home Commission
and set forth the powers and duties of the Commission, the Director and other
personnel of the Agency to: administer the Federal Manufactured Home
Construction and Safety Standards; promulgate and enforce state standards for
manufactured home installation; require certification and/or licensing of
manufacturers, retailers, installers and salespeople; and to promulgate and
enforce rules and regulations governing the construction and installation of
manufactured homes manufactured, sold or offered for sale in the state of
Arkansas.
The following rules and regulations pertaining to the
manufacture, sale and installation of manufactured homes are duly adopted and
promulgated by the Arkansas Manufactured Home Commission pursuant to the
authority expressly conferred by Act 419 of 1977 as amended.
Repealing Clause: All previous rules and regulations pertaining
to the manufacture, sale, and installation of manufactured homes are hereby
repealed.
CHAPTER 2.
DEFINITIONS
The following terms are defined for the purpose of these
regulations. No attempt is made to define ordinary words which are used in
accordance with the established dictionary meaning except when the word has
been loosely used and it is necessary to define its meaning as used in these
regulations to avoid a misunderstanding.
Because the purpose is to define terms rather than words, the
definitions are alphabetical using the first word of the term rather than by
the noun.
A.
Agency:
The Director of the Arkansas Manufactured Home Commission or other personnel
authorized to act on behalf of the Director.
B.
Anchoring: A combination
of external ties, cables, straps and ground anchors or alternative systems
certified by an engineer used to secure the home to the ground to resist
displacement and movement by natural forces.
C.
Auction: Means the
selling or offering for sale of manufactured homes to manufactured home
retailers or to the public, by a person, firm or corporation not otherwise
certified or licensed, in an auction or liquidation format or on
consignment.
D.
Certification: Means the act of certifying or a state of being
certified.
E.
Commission: Means Arkansas Manufactured Home
Commission.
F.
"Defect" means any defect in the performance, construction,
components or material of a manufactured home that renders the manufactured
home or any part thereof not fit for the ordinary use for which it was
intended.
G.
Director: Means the Director of the Arkansas Manufactured Home
Commission.
H.
"Federal Standards" means the National Manufactured Housing Construction
and
Safety Standards Act of 1974 (42 U.S.C. §
§
5401 et seq) and applicable regulations
promulgated by the United States Department of Housing and Urban Development,
as and when adopted by the Commission.
I.
HUD: Means the U.S.
Department of Housing and Urban Development.
J.
"Installation" means
work done to stabilize, support or anchor a manufactured home or to join
sections of a multi-section manufactured home when any such work is governed by
regulations adopted by the Commission.
K.
Installer: Means any
person, firm or corporation not otherwise certified, engaged in the business of
installing manufactured homes for himself or on behalf of any other person not
certified under this Act.
L.
Manufacturer: Means any person who manufactures manufactured
homes.
M.
Multi-Section: Means more than one unit of a manufactured home
when joined together form a single entity, a livable home.
N.
Quality Control: Means
in-plant inspection by the manufacturer to assure that all units meet the
National Manufactured Housing Construction and Safety Standards and the
approved DAPIA Manual for each plant.
O.
Retailer: Means any
person, firm or corporation in the business of accepting on consignment, buying
for resale, selling or exchanging manufactured homes or offering same to the
public for sale, exchange or lease-purchase, whether for himself or on behalf
of any other person not certified as a retailer under this Act.
P.
Revocation: Means the
repeal or reversal of the rights of the manufacturer or retailer to sell or
distribute units in the State of Arkansas. Means the repeal or reversal of the
rights of the installer to set-up or anchor manufactured homes.
Q.
Salesperson: Means any
person employed by the retailer or manufacturer who is engaged in either the
wholesale or retail sale of manufactured homes.
R.
Separate Entity: Means
each individual location of a manufacturing plant or each individual retail
location.
S.
Site:
Means actual location of the manufactured home upon a plot of ground.
T.
Standards: Means the
National Manufactured Housing Construction and Safety Standards.
U.
Statement of Compliance:
Means the manufacturer or retailer certified and the installer licensed by the
Arkansas Manufactured Home Commission will comply with Act 419 of 1977 as
amended, the Arkansas Manufactured Home Commission's rules and regulations, the
National Manufactured Housing Construction and Safety Standards Act of 1974 and
the DAPIA Manual approved by HUD.
V.
Suspension: Means to
cease or stop temporarily the right to manufacture, sell, or install
manufactured homes within the State of Arkansas.
CHAPTER 3.
CERTIFICATION AND
LICENSING
Section
300.
Certification and Licensing -
GeneralA.
Types of
Certification and License
Any person, firm or corporation which acts in one or more of the
following capacities shall be required to certify or license with the Arkansas
Manufactured Home Commission:
1.
Manufacturer - Each manufacturer, in or out of state,
delivering or shipping manufactured homes into the State for sale,
2.
Retailer - Any person,
firm or corporation in the business of accepting on consignment, buying for
resale, selling or exchanging manufactured homes or offering same to the public
for sale, exchange or lease-purchase, whether for himself or on behalf of any
other person not certified as a retailer.
3.
Installer - Any person,
firm or corporation not otherwise certified, installing and anchoring
manufactured homes,
4.
Salesperson - Any person engaged in the selling of
manufactured homes (either as a manufacturer' representative or retailer
salesperson) must apply for a license within 30 days of beginning to sell
manufactured homes in the state of Arkansas.
B.
Annual Certification or License
Renewal Required1. Each person, firm
or corporation certified or licensed by the Commission shall apply for renewal
of their certification or license annually and must meet all the criteria for
original certification or license.
2. Certifications or licenses shall expire
one (1) year from the date of the original certification or license, and must
be renewed annually.
3. The
Director may authorize the renewal of a certification or license made after the
original date upon payment of a late fee of $10.00 per calendar day of
delinquency not to exceed thirty (30) days. After 30 days, the certification or
license shall be suspended. Suspension of certification or license may be
appealed in accordance with Section
306(A) (4) of
these regulations. Continuing to operate after the suspension of certification
or license is in violation of this Act.
C.
Separate Entity
For certification/licensing and compliance purposes,
manufacturers, retailers and installers that occupy more than one location
shall have each location treated as a separate entity and adhere to all
requirements for certification or licensing.
D.
Statement Of Compliance
The Statement of Compliance shall be signed by the person or
responsible officer having full authority to commit his firm to the conditions
of compliance and shall not be transferable. Violation of the Statement of
Compliance shall be considered grounds for suspension of the certification or
license.
E.
Failure To Obtain Certification or License
1. No person, firm or corporation shall act
as a manufacturer, retailer or installer without having first secured the
required certification or license from the Commission.
2. The Commission shall have the authority to
collect fees and assessments from any person, firm or corporation found to be
acting as a manufacturer, retailer or installer without having first secured
the required certification or license from the Commission.
3. The Commission shall have the authority to
impose a monetary penalty not to exceed one thousand dollars ($1,000.00) for
each violation of any provision of Act 419 of 1977 as amended or the rules and
regulations promulgated thereunder.
4. The Commission shall have the authority to
file suit in Circuit Court to enjoin any person, firm or corporation acting as
a manufacturer, retailer or installer without having first secured the required
certification or license from the Commission
Section 301.
Certification of
ManufacturersA.
Requirements For Manufacturer Certification
1. Application shall be on forms supplied by
the Agency.
2. Each application
shall be accompanied by the following before certification is granted:
(a) Statement of Compliance;
(b) Fees set forth for
certification,
(c) The required
deposit in the Manufactured Housing Recovery Fund; and
(d) A copy of the Manufacturer's Homeowner
and Installation manual(s).
3. Applicant shall be in good standing with
the Commission and shall not have any unpaid civil penalties or outstanding
obligations to the Commission.
B.
Certification Fee and Recovery
Fund Deposit1. Original
certification fee shall be $1,000.00. Annual renewal fee shall be
$625.00.
2. An assessment fee of
ten thousand dollars ($10,000) per plant location to be deposited in the
Manufactured Housing Recovery Fund.
C.
Violation
Any in-state or out of state person, firm or corporation that
manufactures homes and offers them for sale or use in the State without being
properly certified with the Commission; or any manufacturer selling or offering
manufactured homes for sale to a person, firm or corporation not certified as a
retailer as required under Section
300 shall be considered to be in
violation of this Act.
SECTION
302.
Certification of Retailers
A.
Requirements For Certification of
Retailers1. Application forms shall
be supplied by the Agency.
2. Each
application shall be accompanied by the following before certification is
granted:
(a) Statement of
Compliance;
(b) Fees set forth for
certification;
(c) The required
deposit in the Manufactured Housing Recovery Fund;
(d) Proof of installation, anchoring and
service capabilities, including compliance with installation testing and
continuing education requirements set forth in Section
303(A)(3) of
these regulations or provision of a written contract with a licensed installer
to perform installation and anchoring of manufactured homes;
(e) A photograph of entire retail location
including, but not limited to, the front of the office and primary business
sign;
(f) Salespersons' license
applications with fees other than the owner(s) of the retail location;
and
(g) A list of the principal
owners of the retail location on a form provided by the Agency.
3. Applicants for retailer
certification must maintain:
(a) A business
office with all utilities including public rest room and a business telephone;
and,
(b) A permanent business sign
in view of public traffic bearing the name of the firm and identifying the firm
with the housing industry.
4. Applicant shall be in good standing with
the Commission and shall not have any unpaid civil penalties or outstanding
obligations to the Commission.
5.
Any person applying for an initial certification with the Arkansas Manufactured
Home Commission shall be cleared by the Arkansas State Police. If the Arkansas
State Police report shows that the person involved has been convicted of a
felony, the certification will not be granted without a hearing before the
Commission and approval by the Commission.
B.
Certification Fee and Recovery
Fund Deposit1. Original
certification fee shall be $1,000.00. Annual renewal fee shall be
$250.00.
2. An assessment fee of
five thousand dollars ($5,000.00) per location to be deposited in the
Manufactured Housing Recovery Fund.
C.
Sales or Auction To
Retailers1. Any person, firm or
corporation engaged in the sale of manufactured homes to certified retailers in
the State in an auction or liquidation format or on consignment, other than
manufacturers, shall be not be required to become certified, and shall not be
subject to the requirements for certification set forth in these
regulations.
2. Any person, firm or
corporation engaged in the sale of manufactured homes to certified retailers in
the State in an auction or liquidation format or on consignment, shall submit
to the Commission, immediately following such auction or sale, a report on
forms provided by the Commission, including the following information:
(a) a complete list of the homes sold,
auctioned or consigned;
(b) the
manufacturer, model and size of each home;
(c) the serial number and HUD label number of
each home; and
(d) the name and
license number of the retailer purchasing the home.
D.
Violation
Any person, firm or corporation acting as a retailer without
being properly certified with the Commission; any retailer accepting a
manufactured home, directly or indirectly, from a manufacturer not certified
with the Commission; any retailer using an installer not licensed with the
Commission; or any retailer failing to license a salesperson with the
Commission within 30 days of hiring is in violation of this Act.
SECTION 303.
Licensing of Installers
A.
Requirements For Installer
Licensing1. Application forms shall
be supplied by the Agency.
2. Each
application shall be accompanied by the following before license is granted:
(a) Statement of Compliance;
(b) Fees set forth for licensing;
and
(c) The required deposit in the
Manufactured Housing Recovery Fund.
3. Testing and Continuing Education
(a) Applicants for
initial license shall complete
a training and education course presented or approved by
the Commission and pass an examination
presented or approved by the
Commission based on knowledge of laws, rules and regulations, and basic skills
pertaining to the installation of manufactured homes. No applicant who has
failed to complete such training and
pass such examination shall be eligible to receive an
initial license.
(b) Applicants for license renewal must have
successfully completed a continuing education course
presented or approved by the Commission to be eligible
for license renewal.
4.
Applicant shall be in good standing with the Commission and shall not have any
unpaid civil penalties or outstanding obligations to the Commission.
B.
License Fees And
Expiration1. Original license and
annual renewal fees shall be $250.00.
2. An assessment fee of two thousand five
hundred dollars ($2,500.00) to be deposited in
the Manufactured Housing Recovery Fund.
C.
Violation
Any in state or out of state person, firm or corporation that
installs manufactured homes for use in the State without being properly
certified with the Commission; or any retailer or installer who does not
install manufactured homes according to the regulations is in violation of this
Act.
SECTION 304.
Licensing of Manufactured Home Salespeople
A.
Requirement For Salesperson's
License
1. Application forms shall
be supplied by the Agency.
2. Each
application shall be accompanied by the following before the license is
granted:
(a) Fees set forth for
licensing.
3. The
Commission may require an examination of applicants for manufactured home
salespeople based on knowledge of laws, rules and regulations pertaining to
manufactured homes.
4. Applicant
shall be in good standing with the Commission and shall not have any unpaid
civil penalties or outstanding obligations to the Commission.
B.
License Fee
1. Original license and annual renewal fees
shall be $50.00, payable by the
manufacturer or retailer. Licenses shall remain the property of
the manufacturer or retailer, and shall not be able to be transferred to
individuals other than the original licensee.
C.
Violation
Any in state or out of state person engaged in selling
manufactured homes in the State without being properly licensed with the
Commission, shall be considered to be in violation of this Act.
Section 305.
Sales or Auctions to the Public
A.
Sales or Auctions to The
Public1. Any person, firm or
corporation engaged in the auction or consignment of five (5) or more
manufactured homes to the public shall be considered a retailer, and shall be
subject to the requirements for certification of retailers set forth in Section
302 of these
regulations.
2. Any person, firm or
corporation engaged in the auction or consignment of five (5) or more
manufactured homes to the public shall submit to the Commission, immediately
following such auction, a report on forms provided by the Commission, including
the following information:
(a) a complete
list of the homes sold, auctioned or consigned;
(b) the manufacturer, model and size of each
home;
(c) the serial number and HUD
label number of each home;
(d) the
name, address and phone number of the consumer purchasing each home,
and
(e) a written contract with a
licensed installer to perform installation and anchoring of manufactured homes
sold at auction to the public according to the Arkansas Manufactured Home
Commission's installation specifications, as set forth in these
regulations.
B.
Violation
Any person, firm or corporation auctioning homes to the public
without being properly certified with the Commission is in violation of this
Act.
SECTION 306.
Action Against Certification or License
A.
Suspension, Revocation Of License
And Other Penalties1. The Commission
shall have the power to suspend, revoke or refuse to renew the certification or
a manufacturer or retailer or the license of an installer or salesperson who is
found to have been guilty of:
(a) Fraud,
misrepresentation or deception in obtaining a license;
(b) Failure to comply with any valid
directive of the Director or rules and regulations of the Arkansas Manufactured
Home Commission; and
(c) Violating
any provision of Act 419 of 1977 as amended or the rules and regulations
promulgated thereunder.
2. In lieu of suspension, revocation, or
refusal to renew a license or certification, the Commission shall have the
authority to impose a monetary penalty not to exceed one thousand dollars
($1,000) for each violation and may suspend, refuse to renew, or revoke the
license or certification until the penalty is paid to the Commission. Such a
penalty shall be imposed only if the Commission formally finds that the public
welfare would not be impaired by the imposition of a monetary penalty rather
than suspension, refusal to renew, or revocation and that payment of same
should achieve the desired disciplinary purpose.
(a) The Commission shall not impose a civil
penalty upon any person, firm or corporation whose certification or license is
suspended, revoked or not renewed under this section.
3. Any individual who knowingly and willfully
violates the provisions of the Act in a manner which threatens the health or
safety of any purchaser shall be deemed guilty of a misdemeanor and upon
conviction therefore fined not more than one thousand dollars ($1,000.00) or
imprisoned for not more than one (1) year or both for each violation.
4. Suspension Appeal
(a) Any suspension may be appealed to the
Manufactured Home Commission by a written request within ten (10) days.
Suspension shall remain in effect until a speedy hearing by the Commission or
Compliance Sub-Committee of the Commission. The Chairman of the Commission may
waive the suspension after review of the facts pending the hearing. After the
revocation hearing, the Commission may revoke the certification or
license.
(b) A manufacturer,
retailer, installer or salesperson may be represented by legal Counsel and
present any evidence and/or witnesses in his behalf against any
charges.
(c) The Commission shall
not revoke any manufacturer or retailer's certification, or installer or
salesperson's license without a hearing.
CHAPTER IV.
COMPLAINTS, INSPECTIONS AND DISPUTE
RESOLUTION
The Arkansas Manufactured Home Commission, in its capacity as a
state administrative agency (SAA) under the Federal standards enforcement
program and under authority granted by Arkansas law, may investigate, make
determinations relating to, and require correction of noncompliances, defects,
serious defects and imminent safety hazards occurring in manufactured homes
manufactured or installed in the state of Arkansas.
Implementation of the Commission's inspection
programs, complaint resolution programs and dispute resolution programs shall
be in accordance with these regulations and applicable laws and regulations
governing manufactured homes.
Section 400.
Complaints Against
Manufacturers, Retailers or Installers
A.
Standard Forms Required;
Information Requested
All complaints against manufacturers, retailers or installers
shall be submitted to the Commission on forms supplied by the Agency.
Information requested on the complaint form shall include, but not be limited
to:
1. Name and complete mailing
address of manufactured home owner;
2. Physical address of home, if different
from mailing address;
3. Telephone
number(s) of home owner;
4. Date of
purchase or installation;
5. Year
of manufacture and size of home;
6.
Name and location of manufacturer;
7. Name and location of retailer;
8. Name and location or installer, if
applicable; and
9. Specific items
of complaint.
Section
401.
Compliance With Subpart I of HUD
RegulationsA. All complaints
concerning units constructed in compliance with the National Manufactured
Housing Construction and Safety Standards Act of 1974 shall be handled in
compliance with Subpart I of the regulation established pursuant to the Act and
state regulations.
1. Upon receipt of a
consumer complaint or other information indicating the possible existence of a
noncompliance, defect, serious defect, or imminent safety hazard, the Arkansas
Manufactured Home Commission will review the complaint or information and
forward the complaint or other information to the manufacturer of the
manufactured home in question. When it appears from the complaint or other
information that more than one manufactured home may be involved, the complaint
will simultaneously be forwarded to HUD and to the SAA of the State where the
manufactured home was manufactured.
2. When the complaint is forwarded to the
manufacturer, the manufacturer will be requested, in writing, to investigate
the complaint within twenty (20) days after receipt of the information and
carry out any necessary investigations and inspections to determine whether the
manufacturer is responsible.
3.
Where the manufacturer has determined and reports that no imminent safety
hazard, serious defect, defect or noncompliance exists and the Arkansas
Manufactured Home Commission is able to concur from all available information,
the Commission will consider the complaint closed and so inform the
manufacturer and complainants; however, if the Commission is unable to concur
with the manufacturer's report, a SAA investigation will be made and a copy of
the investigation will be sent to the manufacturer and complainants. If it is
found that the manufacturer's report was correct, the Commission will consider
the matter closed.
4. Where, upon
investigation, the Commission determines that an imminent safety hazard,
serious defect, defect or noncompliance may exist, it will notify the
manufacturer and request the manufacturer to take necessary action. Where the
manufacturer does not take action after notification by the Arkansas
Manufactured Home Commission and it appears that an imminent safety hazard or
serious defect may exist, the Commission will inform the manufacturer of its
opinion and simultaneously forward to HUD documentation of the factual basis
upon which an opinion was made, for administrative determination by HUD,
pursuant to
24
C.F.R., Section 3282.407(a).
Where the manufacturer does not take action after notification by the Arkansas
Manufactured Home Commission and it appears that a defect or noncompliance may
exist, the Commission will so notify the manufacturer. The notice shall be sent
to the manufacturer by certified mail and will include:
(a) The preliminary determination by the
Arkansas Manufactured Home Commission;
(b) The factorial basis for the
determination;
(c) The identifying
criteria of the manufactured homes known to be affected;
(d) Notice to the manufacturer that a hearing
or presentation of views may be requested pursuant to 24 C.F.R. Part 3282, Subpart D, to establish that there is no such defect or
noncompliance;
(e) Notice to the
manufacturer that the preliminary determination shall become final unless the
manufacturer responds within fifteen (15) days after receipt of such notice and
requests a hearing or presentation of views; and
(f) Notice to the manufacturer that any
information upon which the determination has been based, such as test results,
records of inspection, etc., shall be available for inspection by the
manufacturer.
5. Where
the manufacturer requests a hearing or presentation of views, one shall be held
pursuant to
24 C.F.R. Section
3282.152.
6. Where the manufacturer fails to respond to
the notice of preliminary determination or if the Arkansas Manufactured Home
Commission decides that the views and evidence presented by the manufacturer or
others are insufficient to rebut the preliminary determination, the Commission
may make a final determination that a defect or noncompliance exists and will
notify the manufacturer to make a notification and submit a plan in accordance
with
24 C.F.R. Section
3282.409. Within ten (10) days after receipt
of the notice of final determination, the manufacturer may appeal to the
Secretary of the United States Department of Housing and Urban
Development.
7. The manufacturer's
plan for notification and correction, including contents of notice, time for
implementation and completion of actions and reports, shall be made in
accordance with the provisions of
24 C.F.R. Section
3282.409 through
3282.413.
When the manufactured home is in the hands of a distributor or retailer, it
shall be handled in accordance with
24
C.F.R. Section 3282.414.
SECTION 402.
Notification and Correction Procedures Required of Manufacturers
and IPIAS.
A.
Manufacturer's Determination.
When a consumer complaint is referred to the manufacturer and the
manufacturer determines that an imminent safety hazard, serious defect, defect
or noncompliance may exist and the manufacturer does not correct the imminent
safety hazard or failure to conform within thirty (30) days of the date on
which the manufacturer determined the existence of an imminent safety hazard or
failure to conform, the manufacturer shall prepare and submit a plan as
provided for in
24 C.F.R. Section
3282.409, to the Arkansas Manufactured Home
Commission.
B.
Notification.
The plan, including a copy of the Notice as required by
24 C.F.R. Section
3282.410, shall be submitted to the Arkansas
Manufactured Home Commission by the manufacturer and shall provide for
notification by mail, to the first purchaser of each manufactured home
containing an imminent safety hazard, serious defect, defect or noncompliance
and any subsequent purchaser to whom any warranty provided by the manufacturer
or required by Federal, State or Local Law has been transferred, to the extent
feasible; by mail to any other person who is a registered owner of each
manufactured home containing an imminent safety hazard, serious defect, defect
or noncompliance and whose name has been ascertained pursuant to 24 C.F.R. Section 3282.211.
C.
Review.
1. The Arkansas
Manufactured Home Commission will review the plan submitted by the
manufacturer, including the contents of the notice and either approve the plan
as submitted or make modifications to the plan for compliance with the
requirements of
24 C.F.R. Section
3282.409 and notify the manufacturer of the
approval or modification. The manufacturer may contest the modification within
five (5) days of the approval of the plan of modification.
2. If the Arkansas Manufactured Home
Commission does not accept the manufacturer's position as to the modification,
it shall act as follows:
(a) If the
manufacturer contends that the manufactured home contains a defect rather than
an imminent safety hazard or serious defect as the Arkansas Manufactured Home
Commission contends, the Arkansas Manufactured Home Commission shall refer the
matter to the Secretary /for determination under
24
C.F.R.
3282.407(a).
3. The formal notification
requirements which would result from any determination by the manufacturer
under
24 C.F.R.
Section 3282.404 may be waived by the
Commission that would otherwise review the plan upon receipt of satisfactory
assurances from the manufacturer that:
(a) The
manufacturer has identified the class of possibly affected manufactured homes
in accordance with
24 C.F.R. Section
3282.409;
(b) The manufacturer will correct at the
manufacturer's expense, all affected manufactured homes; and
(c) The repairs, in the Commission's
judgment, are adequate to remove the imminent safety hazard or failure to
conform.
Section
403.
Compliance With Federal Construction and Safety
Standards Program
A. All
manufactured homes manufactured in the State, sold, or offered for sale in this
state, shall be in strict compliance with the Standards.
1. A HUD Certification label will be affixed
to the home as required.
2. The
retailer shall inspect every new manufactured home unit prior to selling to
determine that all appliances, fixtures and systems are not damaged and are in
place and operable.
3. Whenever a
retailer finds a nonconformance or an imminent safety hazard in a manufactured
home, the retailer shall contact the manufacturer, provide full information
concerning the problem, and request appropriate action by the manufacturer. No
retailer may sell a new manufactured known by the retailer not to be in
conformance with the Standards.
4.
If a retailer alters a manufactured home in such a way as to create an imminent
safety hazard or to create a condition which causes a failure to conform with
applicable Federal Standards, the manufactured home may not be sold, leased or
offered for sale. Retailers shall maintain complete records of all alterations
and/ or corrections of failures to
conform or imminent safety hazards made to homes.
B. The manufacturer's quality assurance
program shall be set forth by the plant's Design Approval Primary Inspection
Agency (DAPIA) and its quality assurance manual, and will be monitored by the
plant's Production Inspection Primary Inspection Agency (IPIA).
C. All plans, specifications and engineering
data shall be approved by a qualified Design Approval Primary Inspection Agency
(DAPIA) which has been approved by HUD.
Section 404.
Complaints and
Inspections Under State Authority
A.
Consumer
Complaints
This section establishes procedures for the
investigation and timely resolution of construction or installation defects in
manufactured homes that are reported to the Commission during the one-year
period beginning on the date of installation of the home,
including:
1.
violations of the National Manufactured Home Construction
and Safety Standards Act of 1974, 42 U.S.C. 5401-5425 or regulations
promulgated by the United States Department of Housing and Urban Development;
and
2.
violations of the rules and regulations governing the
installation of manufactured homes promulgated by the
Commission.
B.
Dispute
Resolution
This section establishes procedures for the
investigation and timely resolution of disputes among manufacturers, retailers
and installers of manufactured homes regarding responsibility for the
correction or repair of construction or installation defects in manufactured
homes that are reported to the Commission during the one-year period beginning
on the date of installation of the home.
C.
Receipt of Complaint;
Notice Required
Upon receipt of a consumer complaint or other information
indicating the possible violation of any provision of the Code or the rules and
regulations promulgated thereunder, the Agency shall review the complaint or
information and forward the complaint or other information to the manufacturer,
retailer and installer of the manufactured home in question.
D.
Corrective Action and Dispute
Resolution
When the complaint is forwarded, the manufacturer, retailer and
installer will be requested, in writing, to investigate the complaint within
twenty (20) days after receipt of the information and to carry out any
necessary investigations and inspections to determine the origin of the
complaint.
1. When, upon investigation
or inspection, the manufacturer, retailer or installer finds a violation of the
Code or the rules and regulations promulgated thereunder, then the party
responsible for the violation shall take the appropriate corrective action and
notify the Agency of any actions taken to bring the home into compliance with
the Code or the regulations.
2.
When there is a dispute among the manufacturer, retailer and installer as to
which party is responsible for the violation, then the Agency shall schedule an
inspection of the home in order to determine the nature of the violation and
assign responsibility for corrective action. The Agency shall provide notice of
such an inspection, including information about the home in question and the
date and approximate time of the inspection, in writing, to the manufacturer,
retailer and installer.
E.
Inspection By Commission; Notice
Required
When the manufacturer, retailer or installer reports that
corrective action has been taken to bring the home into compliance with the
Code or the regulations, the Commission will consider the complaint closed and
so inform the manufacturer, retailer or installer and the complainants;
however, when items included on the original complaint remain unresolved, the
Commission may schedule an inspection of the home in order to determine the
nature of the violation, if any, and assign responsibility for corrective
action. The Commission shall provide notice of such an inspection, including
information about the home in question and the date and approximate time of the
inspection, in writing, to the manufacturer, retailer and installer.
F.
Determinations By
Commission; Time Frame For Corrective Action
A copy of the Agency's inspection report, including
determinations of unresolved items and responsibility for corrective action
will be sent to the manufacturer, retailer, installer and the complainants. In
the report, the Director may order the manufacturer, retailer or installer to
correct the violation within a reasonable time, not to exceed ninety (90) days.
Should the Director determine that the violation poses a serious threat to the
health and safety of the purchaser of the home, the Director may order the
manufacturer, retailer or installer to correct the violation within five (5)
working days.
A manufacturer, retailer or installer may request additional time
to correct the violation. The request must be made in writing, and may be
granted by the Director only when the extension will not pose a serious threat
to the health and safety of the purchaser of the home.
G.
Appeal of Agency's
Determination
Should a manufacturer, retailer or installer dispute any
determination made by the Director or Agency staff, the manufacturer, retailer
or installer may appeal that determination to the Manufactured Home Commission.
Such an appeal must be received by the Agency in writing, postmarked not more
than ten (10) days following receipt of a determination issued by the Director.
The determination will be held in effect until a timely hearing by the
Commission or a Sub-Committee of the Commission. The Chairman of the Commission
may stay the determination after review of the facts pending the
hearing.
H.
Closing of Complaints1. When the
manufacturer, retailer or installer reports that corrective action ordered by
the Director has been taken to bring the home into compliance with the Code or
the regulations, the Commission will consider the complaint closed and so
inform the manufacturer, retailer or installer and the complainants.
2. When the manufacturer, retailer or
installer reports that the purchaser refuses to allow corrective action as
ordered by the Director to bring the home into compliance with the Code or the
regulations, the Commission will consider the complaint closed and so inform
the manufacturer, retailer or installer and the complainants.
I.
Administrative Action
by Commission; Notice of Hearing Required; Penalties
1. When items included in the Agency's
inspection report remain unresolved, the Commission may schedule a hearing to
consider administrative action against the manufacturer, retailer or installer.
The Commission shall provide notice of such a hearing, including information
about the home in question and the date and approximate time of the hearing, in
writing, to the manufacturer, retailer and installer.
2. The Commission shall have the power to
suspend, revoke, or refuse to renew the license or certification under this
chapter of any person who is found to have been guilty of violating any
provision of the Code or the rules or regulations promulgated
thereunder.
3. In lieu of
suspension, revocation, or refusal to renew a license or certification, the
Commission shall have the authority to impose a monetary penalty not to exceed
one thousand dollars ($1,000) for each violation and may suspend, refuse to
renew, or revoke the license or certification until the penalty is paid to the
commission. Such a penalty shall be imposed only if the Commission formally
finds that the public welfare would not be impaired by the imposition of a
monetary penalty rather than suspension, refusal to renew, or revocation and
that payment of same should achieve the desired disciplinary purpose.
4. Each violation of the Code or any
regulation or order issued pursuant to it shall constitute a separate violation
with respect to each manufactured home or with respect to each failure or
refusal to allow or perform an act required thereby.
J.
Appeal of Commission Decision or
Penalty
Should a manufacturer, retailer or installer dispute any decision
made or penalty imposed by the Commission, the licensee may appeal that
decision to the Circuit Court in accordance with the Arkansas Administrative
Procedure Act. Such an appeal shall stay that portion of the Commission order
which directs corrective action or the payment of any penalty. The licensee
shall not be required to act on the decision until such time as a final order
of the Circuit Court, Court of Appeals or Supreme Court is issued.
Section 405.
Inspections and Fee
Structure
The Director of the Arkansas Manufactured Home Commission, with
the approval of the Commission, shall establish inspection and monitoring fees,
and provide for participation in the fee distribution system.
A.
State Label
Fee
Beginning October 15, 2007, there shall be a
fee of $50.00 per home for each new manufactured home shipped into the State of
Arkansas. This fee shall be paid to the Commission by the home manufacturer.
Manufacturers shall also file a report of all manufactured homes shipped into
the state per month. This report shall be filed on a form provided by or
approved by the Commission. Shipment reports and payment of required fees shall
be made no later than the 15th day of the month following the reporting period.
It shall be a violation of these regulations for a manufacturer to fail to
comply with the provisions of this paragraph.
B.
Installation Permit Fee and Random Sample Compliance Assurance
Inspections
Beginning October 15,2007, licensed
installers and installing retailers shall be required to affix an installation
permit decal to each new manufactured home installed in the State. Permit
decals shall be purchased from the Commission and affixed to the home at the
point where electrical power is connected to the home. Permit decals shall be
affixed to the home within ten (10) days of delivery to the
site.
There shall be a fee of $10.00 per each
installation permit decal. This fee shall be paid to the Commission by the home
installer. Installers and installing retailers shall also file a report of all
new homes installed in the state per month. This report shall be filed on a
form provided by or approved by the Commission. Installation reports and shall
be made no later than the 15th day of the month following the reporting period.
It shall be a violation of these regulations for an installer or installing
retailer to fail to comply with the provisions of this
paragraph.
The Commission shall approve a procedure for
the timely inspection and certification of a percentage of the initial
installations of new manufactured homes installed in the state on a
random-sample basis to assure compliance with installation standards adopted by
the Commission. The percentage of homes inspected shall be set by the
Commission, and shall be determined based on requirements of the Federal
Standards program, as and when adopted by the Commission. The procedure shall
place priority on inspecting homes installed in all regions of the state by all
participating installers and installing retailers on a fair and equitable
basis.
Compliance assurance inspections may be
scheduled without notice. Defects found in compliance assurance inspections may
be processed in accordance with these regulations, beginning with Section
404(F).
Determinations made by an authorized representative of the Commission may be
appealed in accordance with Section
404(G).
C.
Initial 100%
Inspection Fees/Certification
There shall be a fee of $30.00 per hour for conducting initial
100% inspections at manufacturer locations when the Commission acts as a
Production Inspection Primary Inspection Agency for the purpose of certifying
the manufacturer as required under Title VI of the Housing and Community
Development Act of 1974. This fee shall be paid to the Commission by the
manufactured housing manufacturer for whom the inspection is conducted. The
manufacturer shall also be charged for reimbursement of mileage and per diem
incurred by Commission personnel to and from the location of the
manufacturer.
The above procedures will be followed in the event it becomes
necessary to withhold HUD labels from the manufacturer because of continued
failures to comply with the approved design or when there is evidence that the
manufactured housing manufacturer is not performing under its approved quality
control manual.
D.
Plant Inspection Fee
There shall be a fee of $25.00 per unit for the inspection of all
manufactured homes manufactured within the State of Arkansas. This fee shall be
paid to the Commission. The manufacturer shall also be charged for
reimbursement of mileage and per diem incurred by Commission personnel to and
from the location of the manufacturer.
E.
Special Request for
Inspection.
When requests are made for inspections other than the regular
monitoring plant inspections, a fee of $30.00 per hour shall be charged to the
manufacturer and paid to the Commission. The manufacturer shall also be charged
for reimbursement of mileage and per diem incurred by Commission personnel to
and from the location of the manufacturer.
F.
Increased Frequency Inspection
Fee
There shall be a fee of $25.00 per unit for each reinspection for
increased frequency inspections. An increased frequency inspection shall be
scheduled by the Commission when inspections at a manufacturing facility reveal
repeated failures to conform to the approved designs or when there is evidence
that the manufactured home manufacturer is not performing under its approved
quality control manual. The Commission may advise the manufacturer prior to the
date of the scheduled inspection and the manufacturer shall comply with
instructions, if any, relative to the increased frequency inspection. The
manufacturer shall also be charged for reimbursement of mileage and per diem
incurred by Commission personnel to and from the location of the
manufacturer.
G.
Monitoring Inspection Fee
There shall be a fee established by the Secretary of the
Department of Housing and Urban Development in compliance with
24
C.F.R. 3282.302(b)(6) to be
paid by each manufacturer in this state for each manufactured home produced in
this State. The monitoring inspection fee shall be distributed according to
federal regulations.
H.
Other Special Inspections
When special inspections are requested by an unlicensed or
uncertified person or company, a fee of twenty dollars ($20.00) per hour may be
charged to the company or person requesting the inspection and paid to the
Commission. The company or person shall also be charged for reimbursement of
mileage and per diem incurred by Commission personnel to and from the location
of the inspection.
CHAPTER V.
MANUFACTURED HOUSING RECOVERY
FUND
The Manufactured Housing Recovery Fund shall consist of trust
fund receipts derived from fees assessed by the Arkansas Manufactured Home
Commission under the authority of Arkansas law and shall be used for such
purposes as are set out in this section. The Commission shall collect such
assessments from manufacturers, retailers and installers.
Section 500.
Assessments and
RefundsA.
Initial
Assessments
The Commission shall collect the following assessment fees at the
time of submission of initial certification or licensure applications:
1. Installers - $2,500.00 per
location
2. Retailer - $5,000.00
per location
3. Manufacturer -
$10,000.00 per location
B.
Special Assessments
If the balance of the Manufactured Housing Recovery Fund falls
below two hundred fifty thousand dollars ($250,000), then the Commission may
collect an annual assessment from each manufacturer of manufactured homes in
this state, manufacturer of manufactured homes in other states selling
manufactured homes in this state, and installers and retailers. The annual
assessment shall continue until such time as the fund is restored to a minimum
level of two hundred fifty thousand dollars ($250,000).
Such annual assessments collected shall not exceed the following
amounts:
1. Installers - $500.00 per
location
2. Retailer - $1,000.00
per location
3. Manufacturer -
$3,000.00 per location
C.
Refund
1. Any participant shall receive a refund of
its initial assessment after a two (2) year waiting period after it ceases
operation of its business in this State provided there are no claims pending
against such participant, provided:
(a) The
participant shall notify the Arkansas Manufactured Home Commission by certified
mail within forty-five (45) days after the two (2) year waiting period and
request the refund or the assessment fee shall be forfeited; and,
(b) The two (2) year waiting period shall
begin on the participant's next certification or licensing anniversary date
after the participant ceases operation of its business in this state.
2. If the participant fails to
satisfy the provisions found in B(1)(A) and (B), the assessment fee shall
remain in the Manufactured Housing Recovery Fund.
3. No interest will accrue to the benefit of
such participant.
Section
501.
Claims, Eligibility and Administration of
FundA.
Complaints/Claims
All consumer, licensee, installer, retailer or manufacturer
complaints shall be filed with the Commission. The Commission shall determine
by hearing or whatever procedure it establishes first, if any, standard adopted
by the Commission has been violated and, if so, the actual cost of repairs to
the manufactured home, if any, suffered by the aggrieved party or
parties.
B.
Eligibility
For a claim against the fund to be considered, the Commission
must determine the following:
1. That
the home in question is located and occupied in the state of
Arkansas,
2. That, at the time of
the claim, the manufacturer, retailer or installer involved in the claim has an
assessment on deposit in the fund, and
3. That the manufacturer, retailer or
installer is unwilling or unable to take corrective action as directed by the
Commission.
C.
Amount Of Damages Awarded1. The
amount of damages awarded by the Commission shall be limited to the actual cost
of repairs to the manufactured home and shall not include attorneys' fees. On
appeal to Circuit Court from an award of the Commission, the jurisdiction of
the Circuit Court shall be limited to the actual cost of repairs to the
manufactured home. The Circuit Court shall not have jurisdiction to award
punitive or exemplary damages for claims covered by the provisions of Act 419
of 1977 as amended, attorneys' fees or costs.
2. Upon a finding by the Commission that a
standard has been violated, the Commission shall direct the respondent
licensee, retailer, installer or manufacturer to correct the violation within a
reasonable time, not to exceed ninety (90) days following the written decision
of the Commission. If the violation is not corrected within ninety (90) days
following the written decision of the Commission and no appeal has been filed
in Circuit Court of the decision, the Commission shall, upon request, pay from
the Manufactured Housing Recovery Fund the actual cost of repairs to the
manufactured home, if:
(a) The amount is not
in excess of $10,000.00 for any one violation of the respondent licensee,
installer, retailer or manufacturer;
(b) The fund balance is sufficient to pay the
award;
(c) The complainant has
assigned to the Commission all rights and claims that they have against the
respondent; and,
(d) The
complainant agrees to subrogate the Commission to all rights of the complainant
to the extent of the payment.
3. The question of what constitutes a
continuing series of violations shall be a matter solely within the discretion
and judgment of the Commission.
4.
Nothing herein shall obligate the fund for any amount in excess of the
following with respect to the actions of any one licensee, installer, retailer
or manufacturer:
(a) $12,500.00 per
installer;
(b) $25,000.00 per
retailer; and
(c) $75,000.00 per
manufacturer.
D.
Appeals
1. Appeals from a decision of the Commission
shall be to the Circuit Court in accordance with the Arkansas Administrative
Procedure Act. Such appeal shall stay that portion of the Commission order
which directs payment of the damage. Neither the respondent nor the Commission
shall be required to pay damages to the complainant until such time as a final
order of the Circuit Court, Court of Appeals or Supreme Court is
issued.
2. On appeal, the Circuit
Court jurisdiction in awarding damages to be paid from the fund shall be
limited in amount to:
(a) the amount
determined by the Commission, or
(b) the limits set forth herein. The Court
shall not award attorneys' fees or court costs to be paid by the
fund.
E.
Suspension1. The Commission
shall suspend the license or certificate of each licensee, installer, retailer
or manufacturer until such time as same reimburses award amounts paid on its
behalf to the fund plus interest at a rate to be determined by the Commission
but not to exceed ten percent (10%) per annum.
2. The Commission may permanently suspend the
license or certificate of the respondent upon failure to pay an order of the
Commission or court.
3. The
Commission may move the Circuit Court to suspend the license or certificate of
the respondent during pendency of an appeal from a Commission order.
F.
Establishment of
Training and Educational Programs
On January 1 of any year, if the fund established in this chapter
exceeds four hundred thousand dollars ($400,000.00), the Arkansas Manufactured
Home Commission may approve the use of up to five percent (5%) of the fund
balance above that amount for training and education programs; including but
not limited to: workshops, instruction manuals, audio and video tapes, and
presentations.
CHAPTER VI.
INSTALLATION AND ANCHORING
SPECIFICATIONS
Section
600.
Installation Standards for New Homes, Used
Homes
The Arkansas Manufactured Home Commission by
regulation shall set uniform reasonable standards for the proper initial
installation of new manufactured homes installed in this state, provided that
such installation standards equal or exceed installation standards promulgated
under the Federal standards
The commission by regulation shall set
uniform reasonable standards for the proper secondary installation of used
manufactured homes installed in this state.
The person, firm or corporation providing the installation of a
manufactured home shall be responsible for making sure the installation and
anchoring of such manufactured home meets the manufacturer's installation
requirements or the Commission's installation regulations, as follows:
A.
New Manufactured Homes
New single section and multi-section manufactured homes shall be
installed according to the manufacturer's installation instructions.
B.
Used Manufactured
Homes
Used single section and multi-section manufactured homes shall be
installed according to the Arkansas Manufactured Home Commission's installation
specifications, as set forth in these regulations.
C.
Alternative Systems
Allowed
It is not the intent of these regulations to prohibit the
installation of any manufactured home in which the methods or materials used in
the installation of the support system meets or exceeds the requirements of the
manufacturer's installation instructions or the Arkansas Manufactured Home
Commission's installation specifications, as set forth in these regulations, as
related to foundation stability and/or load bearing capacity.
Section 601.
Elements of Installation
As used in these regulations, 'Installation' shall
include:
1. The requirements for I-beam, center-line,
and perimeter pier support columns and footings;
2. Marriage line, utility and other
cross-over connections (if applicable);
3. Anchoring systems and equipment, as
prescribed in the manufacturer's installation instructions or the Arkansas
Manufactured Home Commission's installation specifications; and
4. Any other installation requirements
outlined in the manufacturer's installation instructions for new homes or the
Arkansas Manufactured Home Commission's installation specifications for used
homes.
Section 602.
State Installation Specifications
A.
Site Preparation
1. All decayable materials, including grass,
leaves, roots and wood, shall be removed from under the locations of footings
and foundations. Manufactured home purchasers shall provide a site suitable for
the placement of a home.
2.
Footings and foundation base blocks shall rest on undisturbed or minimum ninety
percent (90%) compacted soil of uniform density and thickness or equivalent
base material.
B.
Pier Foundations - Footings
1. Support foundations for each pier shall be
concrete, either site built or pre-cast, having minimum dimensions sixteen
inches by sixteen inches by four inches
(16" x 16" x 4").
Other pier support materials may be used if accepted by the manufacturer and
the Commission.
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2.
The surface texture of poured concrete footings at each pier location shall be
such that the first pier block placed at these locations shall sit firmly and
evenly. If a firm, level contact between the first pier block and the surface
of the footing is not possible because of surface irregularities in the
footing; masonry mortar shall be used between the entire bottom surface of the
first pier block and the footing to establish a solid interface contact which
is level.
3. Pre-cast concrete
footings (solid pad blocks) shall be installed in a level position with the
entire bottom surface in contact with the site surface
C.
Piers - Support Columns
1.
Piers - General
Constructiona. All piers shall be
installed on footings or foundations and shall be centered under the I-beam.
All pier columns shall be centered on the footing or foundation.
b. No manufactured home piers shall be
located more than eight feet (8') apart on center. The first pier shall be
located within two feet (2') from either end of each I-beam.
c. The installation of foundations and piers
shall be constructed in a manner that shall demonstrate acceptable workmanship.
Each course of all piers shall be laid level and true to the vertical and
horizontal line.
d. Upon completion
of the pier support system, the manufactured home shall be reasonably level in
the longitudinal and side-to-side directions.
2.
Piers - Block
Requirements
Piers shall be constructed of eight inches by eight inches by
sixteen inches (8" x 8" x 16") concrete building blocks, open
celled, solid, or equivalent which meet or exceed the specifications per ASTM
C90. Open celled blocks shall be installed with the open cells vertical.
3.
Piers - Height
Regulationsa. No pier shall be
installed which is less than twelve inches (12") in
height.
b. Piers of three courses
of blocks or less shall be of single block construction. All piers of single
block construction installed under the main I-beam shall be installed
perpendicular to the I-beam.
c.
Piers that consist of more than three courses of blocks shall be of doubled
block construction and alternate courses shall be interlocking.
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d.
When the total height of a support column, including footing pier blocks, and
wood, exceed fifty two inches (52"), the interlocking blocks
shall be filled with concrete and reinforced with three-eighths inch
(3/8") rebar.
e.
When the footings, piers and wood exceed eighty inches (80")
in height, the pier construction must be designed by a professional engineer or
architect and submitted to the Arkansas Manufactured Home Commission for
approval prior to installation.
4.
Piers - Cap Blocks, Top Plates and
Shims
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a. A
combination of not more than two (2") solid concrete cap blocks two inches
(2"), three inches (3") or four inches
(4") by eight inches by sixteen inches (8" x 16")
may be installed on top of the uppermost pier block. No combination
of cap blocks may exceed seven inches (7") in
height.
b. A two inches by eight
inches by sixteen inches (2" x 8" x 16")(nominal) pressure
preservative treated wood plate(s) shall completely cover the top of the
uppermost concrete building unit(s) of each pier.
c. Additional wooden shims with a minimum
width of five and one-half inches (5 1/2") and a minimum
length of twelve inches (12") and a minimum thickness of
one-quarter inch (1/4") and a maximum thickness of one inch
(1") may be used between the wood plate and the
I-beam.
d. Hardwood wedges with a
minimum width of four inches (4") and a minimum length of six
inches (6") and a maximum installed thickness of one inch
(1") may be used if placed directly between the last wooden
member of the pier and the point of support. Wedges shall be centered and
driven tight from both sides of the I-beam or marriage line perimeter
joists.
5.
Piers - Marriage Line and Perimeter Blocking
a. The marriage line of multi-section
manufactured homes shall be supported by piers located no more than eight feet
(8') apart on center and shall have piers located within two
feet of each end of the marriage line. In addition to these piers,
multi-section homes shall have piers located under the jamb studs or ridge beam
column posts for openings in the marriage wall of four feet (4')
or greater. Openings of fifteen feet (15') or
greater in the marriage wall and/or any exterior wall shall require blocking at
each end of the opening with three (3) pier support pads of
the type described in section
602(B) of these
regulations.
b. Piers shall also be
located on each side of any exterior door, fireplace, bay window or any other
opening of forty-eight inches (48") or more.
D.
Multi-Section Homes - Marriage Line and Utility Connections
1.
Multi-Section Homes - Sealing of
Marriage Line
a. All weatherproofing
material (fir strips, plastic or vinyl sheeting) shall be removed from floor
joints, marriage walls and end walls.
b. Sill sealer strips, expanding foam or
other insulating material shall be installed along the ceiling, floor and end
wall marriage lines to prevent air infiltration. Such strips or material (other
than foam) shall be secured in place with staples or nails.
c. Gaps between floor sections or ridge
beams, which do not extend the full length of the home, may be sealed with
plywood, lumber or other building material.
2.
Multi-Section Homes - Lag Bolting
and Roof Ridge Connections
a. Floor
sections shall be connected with lag bolts of at least five-sixteenths inch
(5/16"), and of sufficient length to penetrate into the
opposing floor joist at least three-quarters inch (3/4"). Lag
bolts shall be installed no more than twenty inches (20")
apart on center, alternating sides. Bolting must not dislodge the rim
joist.
b. Holes in bottom board
caused by lag bolt installation must be sealed.
c. The roof ridge shall be connected with:
1. lag bolts installed no more than twenty
inches (20") apart on center, alternating sides, or
2. at least one and one-half inch (1
1/2") twenty six gauge (26 Ga.) metal straps or
equivalent, secured with staples, nails or screws. A strap shall be installed
at each truss, extending at least six inches (6") on each side
of the ridge.
3.
Multi-Section Homes - Utility and Air Conditioning Cross-Over
Connections
a. All utility
connections made by the installing retailer or installer shall be protected
from weather or other elements.
b.
Electrical connections shall be made inside a junction box. Cross-over wiring
shall be covered with access panels or be protected by conduit attached with
clamps to junction boxes.
c. The
chassis of each section of the home shall be electrically bonded to one
another.
d. Air conditioning
cross-over ducts shall be attached to each plenum with screws and wire ties,
and taped to prevent air loss. The duct shall be suspended above the ground and
fastened in place. Ties or straps used to suspend the duct shall not crush or
crimp the duct in a manner that substantially reduces airflow.
Section 603.
Anchoring
Standards for New Homes, Used Homes
Anchoring is a mandatory requirement for any manufactured home
installed in the State of Arkansas.
A.
Anchoring - New Manufactured Homes
All new manufactured homes sold by certified retailers and
installed in the State of Arkansas shall be anchored according to the home
manufacturer's instructions.
Manufacturers shall file with the Commission the anchoring
instructions as approved by the manufacturer's Design Approval Primary
Inspection Agency and shall provide prompt notification of changes,
modifications or updates relating to installation and anchoring.
B.
Anchoring - Used
Manufactured Homes
Used manufactured homes installed in the State of Arkansas shall
be anchored according to the Arkansas Manufactured Home Commission's anchoring
specifications, as set forth in this section.
C.
Alternative Systems
Allowed
It is not the intent of these regulations to prohibit the
anchoring of any manufactured home in which the methods or materials used in
the anchoring system meets or exceeds the requirements of the manufacturer's
anchoring instructions or the Arkansas Manufactured Home Commission's anchoring
specifications, as set forth in these regulations, as related to resistance of
overturning or lateral movement as imposed by respective design loads. Such
alternative systems shall be certified by a professional engineer, architect or
nationally recognized testing laboratory as to their resistance to overturning
or lateral movement of the home.
Section 604.
State Anchoring
SpecificationsA.
Anchoring Equipment
The following criteria shall be used in the anchoring of any
manufactured home installed in the state of Arkansas:
1. Anchoring equipment shall be capable of
resisting an allowable working load equal to or exceeding 3,150 lbs. and shall
be capable of withstanding a 50% overload (4,725 lbs. total) without failure of
either the anchoring equipment or the attachment point on the home. Ground
anchors shall be capable of resisting these loads in the soil in which the
anchors are installed.
2. Anchoring
equipment exposed to weathering shall have a resistance to weather
deterioration at least equivalent to that provided by a coating of zinc on
steel of not less than 0.30 ounces per square foot of surface coated.
3. Type 1, Finish B, Grade 1 steel strapping,
one and one-quarter inches (1-1/4") wide and 0.035 inch thick,
conforming with ATSM Standards Specification D3953-91 is judged to conform with
the provisions of this section and paragraph (1) of this section.
4. Cable used as tiedown straps shall be of
either galvanized steel or stainless. Steel cable shall be a minimum of
three-eighths inch (3/8") in diameter. Aircraft cable shall be
one-quarter inch (1/4") or larger in diameter.
5. Protection shall be provided at sharp
corners where the anchoring systems requires the use of external cables or
straps.
6. Each manufactured ground
anchor shall be listed and installed in accordance with its listing and the
anchor manufacturer's instructions.
B.
Anchoring - Single Section
Homes1. All single-section
manufactured homes shall be anchored with diagonal anchoring straps attached to
the frame in addition to the anchoring of the home by means of the over the top
straps which may be supplied and built in by the manufacturer. The number of
diagonal frame anchors required shall be as follows:
a. The diagonal frame anchors shall be
located no more than two feet (2') from either end of the home
on both I-beams and the additional anchors shall be located no more than ten
feet (10') apart along each I-beam.
b. Frame ties shall be installed according to
the component manufacturer's instructions.
c. If eye bolts are utilized as the frame
attachment component, they shall be at least five-eighths inch (5/8")
in diameter and shall be bolted through the vertical portion of the
I-beam.
d. All the vertical tie
straps that are built into the home by the manufacturer shall be used to anchor
the home in addition to the frame anchors which are required by this
section.
C.
Anchoring - Multi-Section Homes
1. Multi-section manufactured homes require
only diagonal frame ties and anchoring. Such ties shall be installed according
to the manufacturer's DAPIA approved anchoring instructions. In the case of
used multi-section homes, the anchoring shall be done according to the
regulations and specifications set forth in this section.
2. The number and spacing of frame ties and
anchors required for multi-section manufactured homes shall be based upon the
length of the home and shall be the same spacing as that specified or
single-section manufactured homes in Section (B)(1)(a).
D.
Anchoring - Installation of
Ground, Rock and Concrete Anchors1.
All ground anchor systems and each component as used in each ground system
(soil, gravel, rock, etc.) shall be capable of withstanding without failure a
vertical and diagonal pull of 4,725 pounds at each tie for single-headed
anchors or 9,450 pounds for double-headed anchors. Any anchor installed shall
be used in the ground system for which it was designed and listed.
2. Ground and rock anchors shall be at least
eleven-sixteenths inch (11/16") thick and be buried to a depth
of at least three feet (3'). If longer anchors are used, they
shall be buried to full depth.
3.
Concrete slab anchors shall be installed according to the anchor manufacturer's
instructions and shall be capable of withstanding without failure a vertical
and diagonal pull of 4,725 pounds for each separate anchoring strap
attached.
4. After the anchors have
been properly installed, all anchoring straps shall be tensioned according to
the home manufacturer's installation instructions or the anchor manufacturer's
instructions.
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