Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
227.550 - 227.665
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
227.590(1) requires the
Department of Housing, Buildings and Construction to promulgate administrative
regulations reasonably required to effectuate the provisions of
KRS
227.550 to
227.660.
KRS
227.570(1)(a) requires the
department to promulgate administrative regulations establishing a process for
licensing retailers and issuing certificates of acceptability to qualifying
manufacturers. KRS
227.620(2) requires the
department to promulgate administrative regulations establishing application
and fee requirements for a retailer's license.
KRS
227.620(4)(a) requires the
department to establish fees for a retailer's license, a manufacturer's
certificate of acceptability, and Class B, Class B1, and Class B2 seals, in
accordance with KRS
227.620(4)(a), 1. to 4. This
administrative regulation establishes the requirements for retailers to obtain
a license to sell recreational vehicles and the standards for issuing a
certificate of acceptability to manufacturers of recreational vehicles.
Section 1. Standard for Recreational
Vehicles.All recreational vehicles manufactured for sale within the
Commonwealth of Kentucky shall comply with the applicable standards set forth
in the NFPA 1192 Standard on Recreational Vehicles.
Section 2. Licensed Retailers.
(1) Application. An applicant for a
recreational vehicle retailer license shall submit to the department:
(a) A completed Form HBC RV-2 Recreational
Vehicle Retailer Application;
(b) A
fee in the amount of $200 for one (1) full year, or a reduced amount prorated
on a monthly basis for a period of less than a full year, payable to the
Kentucky State Treasurer; and
(c)
Proof of liability insurance naming the department as the certificate holder in
the minimum amount of at least:
1. $200,000
bodily injury or death for each person;
2. $300,000 bodily injury or death for each
accident; and
3. $100,000 property
damage.
(2)
Application review period. All licenses shall be granted or denied in
accordance with KRS
227.620(3).
(3) Certified Retailer. A licensed retailer
may complete inspections for the public if the retailer qualifies as a
certified retailer.
(a) An applicant to
become a certified retailer shall complete and submit to the department Form
HBC MH/RV-2 Request for Approval to Inspect.
(b) A certified retailer shall not:
1. Perform negligent inspections or repairs
on a unit; or
2. Apply the wrong
seal to a unit.
(4) Out-of-state retailers. To inspect and
apply Kentucky seals for used recreational vehicles that are sold by
out-of-state retailers for delivery into Kentucky, an out-of-state retailer
shall be a Kentucky certified retailer.
(5) Periodic reports.
(a) A retailer shall maintain a record of all
new or used units sold to include the:
1.
Serial numbers;
2. B seal
numbers;
3. Date
manufactured;
4. Make of
recreational vehicle; and
5. Name
and address of the purchaser.
(b) The retailer shall make the report
available to any department employee upon request.
Section 3. Certificate of
Acceptability.
(1) Certificate of
acceptability requirement. A manufacturer shall not manufacture, import, or
sell any recreational vehicle in the Commonwealth unless the manufacturer has
received a certificate of acceptability issued by the department.
(2) Requirements for issuance. An applicant
for a certificate of acceptability shall submit to the department:
(a) A completed Form HBC MH/RV-1 Application
of Certificate of Acceptability;
(b) Its in-plant quality control
systems;
(c) An affidavit
certifying compliance with the applicable standards, such as NFPA 1192 as
adopted through REVA;
(d) A $500
certification of acceptability fee for a full year, or a reduced amount
prorated on a monthly basis for a period of less than a full year, by check or
money order, made payable to the Kentucky State Treasurer; and
(e) Proof of general liability insurance to
include lot and completed operations insurance in the minimum amount of at
least:
1. $300,000 bodily injury or death for
each person;
2. $400,000 bodily
injury or death for each accident; and
3. $100,000 property damage.
(3) In-plant quality
control. To obtain in-plant quality control approval, a manufacturer shall
submit to an inspection by the department for field certification of
satisfactory quality control. Applications for approval of in-plant quality
control systems shall contain:
(a) A certified
copy of the plans and specifications of a model or model-group for electrical,
heating, and plumbing systems. All plans shall be submitted on sheets, the
minimum possible size of which is eight and one-half (8 1/2) inches by eleven
(11) inches, and the maximum possible size of which is twenty-four (24) inches
by thirty (30) inches.
(b) The
manufacturer's certification that the systems comply with:
1. NFPA 1192 Standards on Recreational
Vehicles; or
2. ANSI A119.5 Park
Trailers.
(c) A copy of
the procedure that directs the manufacturer to construct recreational vehicles
in accordance with the plans, specifying:
1.
Scope and purpose;
2. Receiving and
inspection procedure for basic materials;
3. Material storage and stock rotation
procedure;
4. Types and frequency
of product inspection;
5. Sample of
inspection control form used;
6.
Responsibility for quality control programs, indicating personnel, their
assignments, experience, and qualifications;
7. Test equipment;
8. Control of drawings and material
specifications; and
9. Test
procedures.
(4)
Manufacturer and retailer. If the manufacturer is also a retailer, the
manufacturer shall comply with retailer licensing provisions pursuant to
Section 1 of this administrative regulation.
(5) Trade show. A certificate of
acceptability shall not be required for manufacturers attending a recreational
vehicle trade show within the Commonwealth of Kentucky if they do not sell
recreational vehicles to Kentucky licensed retailers.
(6) Incorrect or Incomplete applications.
(a) If the department receives an incorrect
or incomplete application, the department shall issue a correction notice
specifying the defect to the applicant within thirty (30) days of receiving the
application. If no corrected application is filed within thirty (30) days, the
department shall deem the application abandoned and the fee
forfeited.
(b) A corrected
application submitted after the thirty (30) day period shall be processed as a
new application.
(7)
Proprietary information.
(a) The manufacturer
shall label as proprietary any information relating to building systems or
in-plant quality control systems that the manufacturer considers
proprietary.
(b) The department,
the inspection and evaluation personnel, and local enforcement agencies shall
maintain and treat the designated information as proprietary unless the
department determines that disclosure is necessary to carry out the purposes of
KRS
227.550 through
KRS
227.665 and 815 KAR Chapter
25.
(8) Alternative
standards. A manufacturer may submit an alternative standard for recreational
vehicles established by another state, federal government, or other independent
third party for review by the department. If the department finds that the
alternative standard for recreational vehicles is applicable to the standard
adopted by this administrative regulation, then a certificate of accessibility
shall be issued for those recreational vehicles.
Section 4. License and Certificate Renewals.
(1) Expiration of a license and certificate.
A license and a certificate of acceptability shall expire on:
(a) For individuals, the last day of the
licensee's or certificate holder's birth month in the following year;
or
(b) For business entities:
1. The last day of the licensee's or
certificate holder's month of incorporation in the following year; or
2. The last day of the birth month of the
principal officer of the firm.
(2) Renewal procedure. A retailer and a
manufacturer holding a certificate of acceptability wishing to renew a license
or certificate shall submit to the department:
(a) A completed Form HBC MH/RV-3 License and
Certification Renewal Application;
(b) Proof of continuing general liability
insurance coverage; and
(c) A check
or money order for the annual license fee payable to the Kentucky State
Treasurer, in the amount of:
1. $200 for a
licensed retailer; or
2. $500 for a
certificate of acceptability.
Section 5. Recreational Vehicles in
Manufacturers' or Retailers' Possession.
(1)
Used recreational vehicle inspection.
(a)
Prior to the offering for sale of any used recreational vehicle, or a
recreational vehicle taken in trade, the retailer shall first certify that the
electric, heating, plumbing, and fire and life safety systems are in a safe
working condition.
(b) The retailer
shall make any necessary repairs prior to offering the recreational vehicle for
sale.
(c) The retailer shall affix
a B seal to the recreational vehicle once any repairs have been made.
(d) If a seal is on the recreational vehicle
prior to the inspection, the existing seal shall be removed and a new B seal
placed on the recreational vehicle.
(2) Salvage units.
(a) A B2 seal shall be required if the
retailer submits to the department an affidavit that the unit is a salvage
unit.
(b) A salvage unit shall not
be sold until it has been authorized, in writing, by the department to be
labeled "salvage only" and the label has been affixed to the unit by the
retailer.
(3) Sales
between retailers.
(a) A seal shall not be
required if a licensed retailer sells any unit to another licensed
retailer.
(b) The retailer selling
the unit shall submit prior notice of the sale to the department.
(4) All used recreational vehicles
purchased outside the Commonwealth not bearing a Kentucky B seal shall be
inspected as a used recreational vehicle by a certified retailer or the
department.
(5)
(a) A recreational vehicle that is not in
compliance with the requirements of this administrative regulation shall be:
1. Corrected prior to the retailer certifying
the recreational vehicle or offering the recreational vehicle for sale;
or
2. Classified as a salvage unit
and issued a salvage label in accordance with this administrative
regulation.
(b) All
recreational vehicles requiring repairs or corrections prior to recreational
vehicle certification shall be reported to the department specifying the
repairs required to correct the deficiencies.
(6) A retailer shall submit a completed Form
HBC RV-7 Recreational Vehicle Unit Certification Format to the department no
later than the first week of each month.
(7) Fees for inspections. The fees for the
inspection of recreational vehicles shall be:
(a) If performed by a certified retailer:
1. Twenty (20) dollars per hour;
2. Twenty-two (22) cents per mile, measured
from the place of the certified retailer's place of business; and
3. Twenty-five (25) dollars for the
seal.
(b) If performed by
the department:
1. Thirty-five (35) dollars;
and
2. Twenty-five (25) dollars for
the seal.
Section
6. Serial Numbers, Model Numbers, and Date Manufactured. A clearly
designated serial number, model number, and date manufactured shall be stamped
into the tongue or front cross member of the frame at the lower left hand side
(while facing the unit) and if there is no tongue or cross member, then a data
plate with this information shall be affixed on the outside in a conspicuous
place.
Section 7. Change of
Information.
(1) Manufacturers or retailers
shall notify the department in writing within thirty (30) days of a change in
the:
(a) Company or corporate name;
(b) Address of the company;
(c) Ownership interest of twenty-five (25)
percent or more of the company within a twelve (12) month period; or
(d) Principal officers of the
company.
(2)
Manufacturers shall notify the department in writing within thirty (30) days of
a change in the:
(a) Location of any
manufacturing facility; or
(b)
Location of a new manufacturing facility.
(3) If the business location of a retailer is
changed, the department shall reissue the license to reflect the change of
location without charge if it is located within the same county. A change of
location to another county, which is not adjacent to the initial county, shall
require a new license.
Section
8. Temporary Licenses.
(1) An
unlicensed retailer may offer for sale recreational vehicles within the
Commonwealth of Kentucky if the retailer purchases a temporary license from the
department.
(2) Temporary license
requirements. An out-of-state applicant for a temporary license shall:
(a) Be a duly licensed retailer in a state
other than Kentucky;
(b) Furnish to
the department proof of liability insurance in the minimum amount of at least:
1. $200,000 bodily injury or death for each
person;
2. $300,000 bodily injury
or death for each accident; and
3.
$100,000 property damage;
(c) Provide documentation to the department
of a physical inspection by an authorized representative of the department that
confirms that a B seal is attached to each new unit the retailer proposes to
display, show, or offer for sale;
(d) Submit to the department Form HBC RV-6
Temporary RV Retailer's License;
(e) Provide the department with the name,
location, and time of the proposed event;
(f) Pay by check or money order a temporary
license fee of $100 made payable to the Kentucky State Treasurer;
(g) Certify to the department that the event
shall comply with the Kentucky Fire code,
815 KAR 10:060;
(h) Possess a valid Kentucky sales tax
certificate; and
(i) Be licensed in
a state that has reciprocal provisions for temporary licensing of Kentucky
retailers.
(3) An
application for a temporary license shall be submitted to the department at
least thirty (30) days prior to an event at which the retailer intends to offer
for sale or sell recreational vehicles.
(4) A retailer shall not be issued more than
two (2) temporary licenses per calendar year.
(5) Used recreational vehicles. A temporary
license retailer shall not display, show, or offer for sale within the
Commonwealth any used recreational vehicles except for used recreational
vehicles with a Kentucky seal.
(6)
Duration of temporary license. A temporary license shall not exceed fifteen
(15) days.
(7) Temporary licenses
shall be prominently displayed at the location where the applicant is
transacting business. The license shall be valid only for the location stated
on the application.
Section
9. Seals.
(1) Application for
seals. For B seals, a licensed retailer shall submit to the department:
(a) A completed Form HBC MH-12, Application
for Purchasing B Seals; and
(b) A
fee of twenty-five (25) dollars for each B Seal requested, payable by check or
money order to the Kentucky State Treasurer.
(2) Alteration or conversion of a unit
bearing a seal.
(a) Any alteration of the
plumbing, heat-producing equipment, electrical equipment installations or fire
and life safety in a recreational vehicle which bears a seal, shall void the
approval and the seal shall be returned to the department.
(b) The following shall not constitute an
alteration or conversion:
1. Repairs with
approved component parts by the manufacturer;
2. Conversion of listed fuel-burning
appliances in accordance with the terms of the manufacturer's
listing;
3. Adjustment and
maintenance of equipment;
4.
Replacement of equipment in kind; or
5. Any change that shall not affect those
areas regulated by the NFPA 1192.
(c) Any retailer proposing an alteration to a
recreational vehicle bearing a seal shall apply to the department. The
application shall include:
1. The make and
model of the recreational vehicle;
2. The serial number;
3. The state seal number;
4. A complete description of the work to be
performed together with plans and specifications if required; and
5. The location of the recreational vehicle
where work is to be performed.
(d) Upon completion of the alteration, the
applicant shall request the department to make an inspection.
(e) Based on inspection of the alteration,
the applicant shall purchase a replacement seal for a fee of twenty-five (25)
dollars.
(3) Placement of
B seals.
(a) Each B seal shall be assigned and
affixed to a specific recreational vehicle.
(b) Assigned B seals shall not be
transferable except upon prior approval of the department.
(c) A B seal that is not affixed as assigned
shall be void, and the B seal shall be returned to or confiscated by the
department.
(d) A B seal shall
remain the property of the department and shall be seized by the department if
there is of a violation of
KRS
227.550 to
227.665 or this administrative
regulation.
(e) A B seal shall be
securely affixed by the door on the handle side at approximately handle
height.
(f) Other seals, stamps,
covers, or other markings shall not be placed within two (2) inches of the B
seal.
(4) Lost or damaged
seals.
(a) If a B seal becomes lost or
damaged, the owner shall immediately notify the department in writing,
specifying:
1. The manufacturer;
2. The recreational vehicle serial number;
and
3. When possible, the B seal
number.
(b) All damaged B
seals shall be returned to the department.
(c) Damaged and lost B seals shall be
replaced by the department after an inspection and payment of the appropriate
fee under Section 3(10) of this administrative regulation.
(5) Denial and repossession of seals.
(a) If the department discovers that a
retailer fails to repair a used recreational vehicle under the standards and
procedures set forth in
KRS
227.550 to
227.665 and this administrative
regulation or fails to comply with any provision for placement of B seals, the
department shall provide notice to the retailer of the violations.
(b) The retailer shall fix the violations,
and the retailer shall submit proof to the department that the violations were
fixed.
(c) If the retailer
continues to offer for sale recreational vehicles in violation of
KRS
227.550 to
227.665 or this administrative
regulation, applications for new seals shall be denied and the seals previously
issued and unused shall be confiscated. The department shall reimburse the
retailer for the price of the confiscated unused seals.
(d) After the retailer submits proof that the
violations have been fixed, the retailer shall resubmit an application for B
seals.
(6) Red Tagging.
(a) If any recreational vehicle bearing a B
seal is found to be in violation of
KRS
227.550 to
227.665 or this administrative
regulation, the department shall attach to the vehicle a red tag and furnish
the retailer a copy of same.
(b)
The department, a retailer, or a manufacturer shall not remove the red tag
until the necessary corrections have been made and approved by an inspection
conducted by the department or a certified
retailer.
Section
10. Incorporation by reference.
(1) The following material is incorporated by
reference:
(a) "Form HBC MH/RV-1, Application
of Certificate of Acceptability", April 2023;
(b) "Form HBC MH/RV-2, Request for Approval
to Inspect", May 2020;
(c) "Form
HBC MH/RV-3, License and Certification Renewal Application", April
2023;
(d) "Form RV-2, Recreational
Vehicle Retailer Application", April 2023;
(e) "Form HBC RV-6, Temporary RV Retailer's
License", May 2020;
(f) "Form HBC
MH-12, Application for Purchasing Seals", May 2020;
(g) "Form HBC RV-7, Recreational Vehicle Unit
Certification Format", November 2018;
(h) "NFPA 1192, Standard on Recreational
Vehicles", 2018; and
(i) "ANSI
A119.5, Park Trailers", 2015.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Department of Housing,
Buildings and Construction, Division of Building Code Enforcement, Manufactured
Housing Branch, 500 Mero Street, Frankfort, Kentucky 40601, Monday through
Friday, 8 a.m. to 4:30 p.m. and is available online at
http://dhbc.ky.gov.
STATUTORY AUTHORITY:
KRS
227.570,
227.590,
227.620