Current through Register Vol. 50, No. 6, December 1, 2023
RELATES TO:
KRS
227.550,
227.570,
227.590,
227.660,
227.990, 24 C.F.R.
3285,
24 C.F.R.
3286.7
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
227.570 requires the Department of Housing,
Buildings and Construction to establish and enforce standards and requirements
for installation of plumbing, heating, and electrical systems in manufactured
homes or mobile homes as it determines are reasonably necessary to protect
public health and safety.
KRS
227.590(1) requires the
department to establish administrative regulations reasonably necessary to
effectuate the provisions of
KRS
227.550 to
227.660. This
administrative regulation establishes minimum requirements for the installation
and inspection of manufactured homes or mobile homes on permanent
foundations.
Section 1. Minimum Site
Preparation and Installation Standards.
(1)
Site preparation, installation, and ground anchoring shall be performed for:
(a) A new manufactured home in accordance
with the manufacturer's instructions, if available, or 24 C.F.R. Part 3285 ;
and
(b) A used manufactured home or
a mobile home in accordance with the manufacturer's instructions, if available,
or ANSI A225.1, Manufactured Home Installation, as established by
KRS
227.570(3).
(2) The permanent foundation shall
be installed:
(a) In accordance with the
manufacturer's installation instructions;
(b) In accordance with the following methods
and materials designed to protect from the effects of frost heave:
1. With conventional footings below the frost
line depth;
2. As a monolithic slab
system in accordance with accepted engineering practice and approved by the
manufacturer and its associated DAPIA; or
3. As an insulated foundation system in
accordance with accepted engineering practice and approved by the manufacturer
and its associated DAPIA; and
(c) Using the following materials and
methods:
1. Piers set partially or completely
below grade;
2. Footers and
perimeter blocking, if required;
3.
ABS pads;
4. Ground anchors,
concrete anchors, or other anchoring systems approved by the manufacturer and
its associated DAPIA;
5. Concrete
block;
6. Concrete slab;
7. Continuous and spot footings;
8. Pile or post systems;
9. Steel supports;
10. Concrete, concrete block, or other load
bearing perimeter walls; or
11.
Another foundation system approved by a licensed engineer as well as the
manufacturer and its associated DAPIA.
(3) The following parts of the chassis of a
manufactured home shall be removed after the on-site construction of a
permanent foundation:
(a) Towing
hitch;
(b) Running gear;
(c) Axles;
(d) Brakes;
(e) Wheels; and
(f) Other parts that operate only during
transport.
(4) Only a
certified installer shall install a manufactured home or mobile home.
(5) All exterior electric, water, and sewer
connections and additions to a manufactured home or mobile home shall be
performed in accordance with the Kentucky Residential Code, as incorporated by
reference in
815 KAR
7:125.
(6)
(a) Underpinning shall be installed on a
manufactured home or mobile home if required by the manufacturer's
instructions.
(b) If underpinning
is installed on a manufactured home or mobile home, the underpinning shall
include at least one (1) access panel or door that shall:
1. Be at least eighteen (18) inches in width
and twenty-four (24) inches in height;
2. Be at least three (3) square feet in
dimension;
3. Be located so that
all utility connections under the home are accessible;
4. Be clearly labeled for identification;
and
5. Not be obstructed.
(c) An access panel required by
this subsection shall not be permanently secured to the home.
Section 2. Site
Preparation and Installation Responsibility.
(1) Responsibility for site preparation. A
retailer shall:
(a) Perform site
preparation;
(b) Contract with an
independent certified installer to perform site preparation; or
(c) Assist a requesting purchaser in
documenting the purchaser's voluntary responsibility, if any, to perform site
preparation functions specified in Form HBC MH-10 and the contract by:
1. Providing, explaining, and assisting in
the completion of Form HBC MH-10; and
2. Determining the readiness of the
site.
(2)
Responsibility for installation services. A retailer shall:
(a) Perform installation services, if the
retailer is a certified installer or employs a certified installer;
or
(b) Contract with an independent
certified installer to perform installation services.
(3) Responsibilities upon the execution of a
contract of sale of a new manufactured home. A retailer shall:
(a) Submit an application to the department
that contains the following information:
1.
Name, address, and telephone number of the purchaser;
2. Address of the manufactured home, if
different from the purchaser's address;
3. Date of purchase;
4. United States Department of Housing and
Urban Development certification label (HUD tag) number;
5. Serial number of the new manufactured
home;
6. Date of installation;
and
7. Name and certification
number of the certified installer;
(b) Supply the purchaser with Form HBC MH-17;
and
(c) Include in its closing
documents for the sale of a new manufactured home the following:
1. A notice, on a form provided by the
department, advising the purchaser that inspection of the new manufactured
home's installation is required; and
2. The consumer disclosure as required by 24
C.F.R. Part 3286.7 .
(4) Unlicensed retailers.
(a) An unlicensed retailer shall not sell or
offer for sale more than one (1) manufactured home or mobile home in any
consecutive twelve (12) month period.
(b) By no later than ten (10) days after the
sale of a manufactured home or mobile home by an unlicensed retailer, the
unlicensed retailer shall notify the department in writing of the following:
1. Name, address, and telephone number of the
unlicensed retailer;
2. Name,
address, and telephone number of the purchaser;
3. Date of purchase;
4. United States Department of Housing and
Urban Development certification label (HUD tag) number, if any;
5. Serial number of the new manufactured
home; and
6. Date of
installation.
Section 3. Inspections of New Manufactured
Home Installations.
(1) Site and footer
inspection.
(a) The retailer shall do the
following:
1. Coordinate with the department
to schedule the site and footer inspection.
2. Provide the manufacturer's footing design
to the department for review at least five (5) working days prior to the
department's inspection of the site and footer location,
3. Not commence, or cause to commence, any
installation services other than the site and footer location preparation until
the department has completed its inspection and issued approval of the site
preparation and footer location preparation.
(b) Before the new manufactured home is set,
the department shall inspect:
1. The site
preparation; and
2. The location
intended for the methods and materials used to protect against frost heave in
accordance with the manufacturer's installation instructions and this
administrative regulation.
(c) The site and footer inspection shall be
made by a state inspector.
(d) The
site and footer inspection may be completed by a physical inspection or an
electronic inspection.
(e) A site
and footer inspection shall be scheduled with the retailer, certified
installer, or property owner at least one (1) business day in advance and shall
be completed by the department within three (3) business days of the scheduled
inspection.
(2)
Installation inspection.
(a) The department
shall inform the installer, purchaser, and, if applicable, the retailer, at
least one (1) day prior to the intended inspection of the installation of a new
manufactured home.
(b) A person
shall not obstruct, hinder, or delay a state inspector in the performance of
his or her duty.
(c)
1. Upon completion of the inspection of a new
manufactured home, the state inspector shall:
a. Issue a report to the installer,
purchaser, and, if applicable, the retailer verifying that the installation
complies with the minimum installation requirements of Section 2(1) of this
administrative regulation; or
b.
Issue a report to the installer and, if applicable, the retailer identifying
all deficiencies and the corrective action required to ensure the installation
complies with the minimum installation requirements of Section 2(1) of this
administrative regulation.
2.
a. The
installer shall correct all deficiencies and take all corrective action
identified by the state inspector's report of deficiency within thirty (30)
days of the date of issuance of the report.
b. If all required corrections have been made
within the period established in paragraph (b)2.a. of this subsection, the
state inspector shall issue a report to the installer, purchaser, and if
applicable, the retailer verifying that the installation complies with the
minimum installation requirements of Section 2(1) of this administrative
regulation.
c. If any of the
required corrections have not been made within the period established in
paragraph (b)2.a. of this subsection, the state inspector shall issue a report
to the installer, purchaser, and if applicable, the retailer identifying:
(i) All deficiencies that were corrected in
compliance with the report established in paragraph (b)1.b. of this subsection;
and
(ii) All remaining deficiencies
and the remaining corrective action required to ensure the installation
complies with the minimum installation requirements of Section 2(1) of this
administrative regulation.
Section 4. Inspection Fees.
(1) Installation inspection fee.
(a) The retailer shall pay the department an
installation inspection fee of $110 prior to the site and footer inspection
conducted by the department.
(b)
One (1) site and footer inspection and one (1) installation inspection shall be
included by the payment of the installation inspection fee.
(2) Re-Inspection fees.
(a) A retailer shall pay a $100 re-inspection
fee to the department for additional inspections needed to determine if
deficiencies found during the site and footer inspection or the installation
inspection were corrected.
(b) The
re-inspection fee shall be paid before or at the time of any subsequent
inspection.
Section
5. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "ANSI A225.1, Manufactured Home
Installations", 1994 Edition;
(b)
"Form HBC MH-10, Consumer Protection Notice", May 2020; and
(c) "Form HBC MH-17 Site Preparation and Post
Installation Guidelines", 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.
27 Ky.R. 2979;
3261; eff. 6-8-2001; 29 Ky.R. 571; 965; eff. 10-16-2002; 34 Ky.R. 876; 1436;
eff. 1-4-2008; 45 Ky.R. 832, 1563; eff. 1-4-2019; TAm eff.
5-29-2020.
STATUTORY AUTHORITY:
KRS
227.570,
227.590(1)