Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
227.550 - 227.665, 227.990, 227.992, 42
U.S.C. Chapter 70
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
227.590 requires the Department of Housing,
Buildings and Construction to promulgate administrative regulations governing
the standards for the manufacture and sale of manufactured homes and mobile
homes.
KRS
227.600 requires the department to establish
forms for application for seals of approval for previously owned manufactured
homes or mobile homes which are not covered by the National Manufactured
Housing Construction and Safety Standards Act and for previously owned
recreational vehicles. This administrative regulation establishes standards for
the design, manufacture, installation, and sale of new and used manufactured
homes and mobile homes, and for B seal application requirements.
Section 1. Limitations on the Conversion or
Alteration of a Home.
(1) Retailer repairs. A
retailer shall not make any of the following changes to a manufactured home or
mobile home without the written approval of the manufacturer or the
manufacturer's agent:
(a) The addition or
deletion of a window, door, or partition;
(b) The addition of an electrical circuit to
accommodate a washer or dryer;
(c)
The conversion of a heating, cooling, or fuel burning system from one (1) fuel
to another, such as electric to gas, or gas to electric or oil;
(d) The use of improperly listed materials
for the repair of a unit; or
(e)
The installation of an unlisted heating, cooling, or fuel burning
appliance.
(2) Certified
retailer repairs. A certified retailer may alter or convert equipment and make
repairs associated with the sale of a used manufactured home or mobile home in
accordance with this administrative regulation.
(3) Changes requested by the purchaser. A
change to the equipment, an appliance, or the interior or exterior furnishings
of the home shall be made only with the written agreement of the
purchaser.
(4) Other changes. The
following actions shall be consistent with the sales contract in quality and
quantity:
(a) Replacement or removal of
equipment or an appliance listed on the data plate;
(b) Change or removal of furniture;
or
(c) Other cosmetic
changes.
Section
2. Retailer Lot Inspections. An employee of the department may
enter a retailer's place of business to inspect:
(1) Each manufactured home or mobile home to
ensure compliance with state and federal law; and
(2) All records a retailer is required to
maintain in accordance with Section 3(1) through (3) of this administrative
regulation.
Section 3.
Required Records. The following records shall be maintained on the business
premises from which the manufactured home or mobile home was sold or at
corporate headquarters, if the headquarters are located in the Commonwealth,
for at least three (3) years:
(1) Sales or
purchase agreements, including Forms HBC MH-10, HBC MH-11, and HBC
MH-8;
(2) Unit Inspection, Form HBC
MH-16; and
(3) Monthly Manufactured
Home Dealer Certification Form, Form HBC MH-7.
Section 4. Consumer Complaints.
(1) Upon written complaint and request by an
owner or occupant, and to determine compliance with applicable law, a state
inspector from the department may enter a privately-owned manufactured home or
mobile home sold by a retailer.
(2)
The department shall instruct the responsible party, either retailer, certified
installer, or manufacturer, to correct a violation if the state inspector
determines that:
(a) The home is in violation
of construction standards contained in the federal act;
(b) The home has been damaged in transit;
or
(c) The installation violates
installation standards contained in the federal act.
(3) Failure of the retailer, certified
installer, or manufacturer to correct a violation of safety standards shall
subject the responsible licensee or certificate holder to the penalties
established in
KRS
227.630.
Section 5. Installation Inspections for used
homes. The department may make random inspections, prior to or after
installation of a used home, to:
(1)
Determine compliance with the minimum installation requirements contained in
the federal act;
(2) Ensure the
used home is properly sealed;
(3)
Ensure that the used home has not been damaged in transit; or
(4) Ensure the used home is correctly
installed.
Section 6.
Certified Retailer.
(1) A certified retailer
shall meet the following requirements:
(a)
Employ at least one (1) installer certified in accordance with
815
KAR 25:080;
(b) Certify to the department that the
dealership is capable of performing minor maintenance to the following systems
of manufactured homes:
1. Plumbing;
2. Heating;
3. Cooling;
4. Fuel-burning; and
5. Electrical; and
(c) Complete and submit Form HBC MH/RV-2 to
the department.
(2) A
certified retailer shall not:
(a) Perform
negligent inspection or repair of a unit; or
(b) Apply the wrong seal to a unit.
(3) The department shall maintain
a list of certified retailers qualified to practice in Kentucky.
Section 7. Inspection of Used
Manufactured Homes or Mobile Homes.
(1) A used
manufactured home or mobile home requiring a new seal shall be inspected by a
state inspector or a certified retailer. The state inspector or certified
retailer shall affix a B1 seal indicating the manufactured home's or mobile
home's compliance or noncompliance with the federal act under which the home
was constructed. A state inspector or certified retailer shall inspect:
(a) The plumbing and waste systems to
determine if the systems are operable and free of leaks;
(b) The cooling system and heating or
fuel-burning system to determine if they are operational;
(c) The electrical system, including the main
circuit box, each outlet, and each switch to detect:
1. A damaged covering;
2. A missing screw; or
3. Improper installation;
(d) The presence of adequate and
operable smoke detection equipment;
(e) The doors, windows, and general
structural integrity of the unit;
(f) The existence of two (2) exits;
(g) Storm windows in a manufactured home, but
not in a mobile home; and
(h) The
sealing of all exterior holes to prevent the entry of rodents.
(2) A unit that is not in
compliance with the applicable federal standards under which it was constructed
shall be issued a B2 seal unless brought into compliance.
Section 8. Application for Seals.
(1) A retailer who possesses a used
manufactured home or mobile home without a B seal, shall apply to the
department for a B seal prior to offering the manufactured home or mobile home
for resale. The application shall be:
(a)
Filed on Form HBC MH-12; and
(b)
1. Accompanied by a request for an
inspection; or
2. Accompanied by
notification that a certified retailer will conduct the inspection.
(2) Placement of B
seals.
(a) Each B seal shall remain the
property of the department and be:
1. Assigned
and affixed to a specific manufactured home or mobile home;
2. Transferable only if assigned between
retailers;
3. Void if not affixed
as assigned;
4. Returned to the
department if unused; and
5. Seized
for a violation of
KRS
227.550 to
227.665
or this administrative regulation.
(b) The B seal shall be securely affixed on
or next to the main entry door on the handle side at approximately handle
height.
(c) Other seals, stamps,
covers, or other markings shall not be placed within two (2) inches of the
seal.
(3) Lost or
damaged B seals.
(a) If a B seal is lost or
damaged, the owner shall notify the department immediately, in writing,
specifying:
1. The manufacturer;
2. The manufactured home serial number;
and
3. The seal number, if
known.
(b) A damaged B
seal shall be promptly returned to the department.
(c) A lost or damaged B seal shall be
replaced by the department after an inspection and payment of the appropriate
fee under Section 10 of this administrative regulation.
Section 9. Inspection of Used
Homes in Manufacturer's or Retailer's Possession.
(1) A retailer or manufacturer shall
re-inspect and place a new B seal on a repossessed home or a home taken in
trade or purchased by a retailer or manufacturer before the manufactured home
or mobile home is offered for sale.
(2) A retailer or manufacturer shall submit
to the department on a completed Form HBC MH-16 prior to placing a B seal on
the used manufactured home or mobile home to certify compliance with Section
7(1)(a) through (h) of this administrative regulation.
(3) A retailer shall remove any existing B
seal upon taking possession of a used home.
Section 10. Fees for inspections of used
homes.
(1) The fee for an inspection of a used
home shall be:
(a) If performed by a certified
retailer:
1. Seventy-five (75)
dollars;
2. Thirty-two (32) cents
per mile traveled, measured from the place of the certified retailer's place of
business; and
3. Twenty-five (25)
dollars for the seal; and
(b) If performed by the department:
1. Seventy-five (75) dollars; and
2. Twenty-five (25) dollars for the
seal.
(2) The
department shall charge no fee for random inspections conducted pursuant to
Section 5 of this administrative regulation.
Section 11. Prohibition of Sales.
(1) A home shall not be sold or transferred
for use as human habitation or occupancy without:
(a) A current, valid, marketable title;
and
(b) A HUD label or a B1
seal.
(2) A used home
with a B2 seal shall not be resold unless the purchaser executes Form HBC
MH-8.
(3) Sales between retailers.
The requirement that a retailer inspect and apply B seals to each home before
it is sold shall not apply if the resale is between retailers.
(4) As a condition of continued licensure, a
retailer shall:
(a) Not sell or offer for sale
a manufactured home or mobile home for which marketable title cannot be
conveyed to the purchaser;
(b)
Provide an application for title as soon as possible; and
(c) Demonstrate good cause for delay in
providing an application for title, upon purchaser complaint.
Section 12. Red
Tagging.
(1) The department shall:
(a) Attach a red tag to a manufactured home
or mobile home found in violation of
KRS
227.550 to
227.665
or this administrative regulation; and
(b) Furnish the retailer with a copy of the
red tag.
(2) The red tag
shall not be removed and the home shall not be sold unless:
(a) The department approves the correction of
each violation and the red tag removal; or
(b) The sale is from an unlicensed retailer
to a certified retailer, who applies a B seal and resells the manufactured home
or mobile home.
Section
13. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "ANSI A225.1, Manufactured Home
Installations", 1994 Edition;
(b)
"Form HBC MH-7, Monthly Manufactured Home Retailer Certification Form", May
2020;
(c) "Form HBC MH-8, Affidavit
of Sale (Salvage Only)", May 2020;
(d) "Form HBC MH-10, Consumer Protection
Notice", May 2020;
(e) "Form HBC
MH-11, Release for Delivery", August 2018;
(f) "Form HBC MH-12, Application Form for
Purchasing Seals", May 2020;
(g)
"Form HBC MH/RV-2, Request for Approval to Inspect", May 2020; and
(h) "Form HBC MH-16, Unit Inspection for
B-Seal", May 2020.
(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 Section, 101 Sea
Hero Road, Suite 100, Frankfort, Kentucky 40601-5412, Monday through Friday, 8
a.m. to 4:30 p.m. and is available online at
http://dhbc.ky.gov.
STATUTORY AUTHORITY:
KRS
227.590,
227.600