Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This rule sets forth the extent to which
manufactured home dealers are responsible for proper initial setup of new
manufactured homes.
(1)
Manufactured Home Dealer Setup.
(A) A dealer
who sells a new manufactured home shall arrange for the proper initial setup of
the manufactured home unless the dealer obtains from the purchaser or the
purchaser's authorized agent a written waiver of that service as described in
section 700.100.3(6), RSMo.
(B) As
used in this rule, "proper initial setup" means installation and setup of the
home in accordance with the installation manual provided by the manufacturer of
the home and in complete compliance with 24 CFR section 3285 and with all of
the provisions regarding setup in sections
700.010 to
700.115,
RSMo.
(C) If a dealer fails to
arrange for the proper initial setup of a manufactured home, the commission may
discipline the dealer's registration by suspending, revoking, or placing the
registration on probation, pursuant to the provisions of section
700.100,
RSMo, if the manager provides evidence to the commission, incident to an
inspection, under subsections (2)(B) or (2)(C) of this rule, of set up
deficiencies.
(D) The manager, in
consultation with the commission staff director, after attempting to contact
the entity involved and documenting consideration of potential mitigating
factors, including, but not limited to, the number of similar non-compliance
issues, circumstances beyond the entity's control, and the entity's
responsiveness to commission requirements, may assess a two hundred dollar
($200) inspection fee to dealers that fail to hire commission licensed
installers to set up a home. The manager will track fees assessed or waived
under this provision, along with any documented consideration of mitigating
factors, and compile a quarterly report summarizing such information for review
by the commission.
(2)
Manufactured Home Inspections.
(A) A dealer
who sells a new manufactured home shall submit to the manufactured housing and
modular units program a property locator indicating the destination of the home
within five (5) business days of the date the home leaves the dealer's location
or the manufacturer's location if the home is shipped directly to the consumer.
For multi-section homes the five (5) business days begins when the first
section leaves the dealer's or manufacturer's location. The dealer shall use
the property locator form provided by the commission.
1. The manager, in consultation with the
commission staff director, after attempting to contact the entity involved and
documenting consideration of potential mitigating factors, including, but not
limited to, the number of similar non-compliance issues, circumstances beyond
the entity's control, and the entity's responsiveness to commission
requirements, may assess a fifty dollar ($50) per home inspection fee to
dealers who fail to submit the property locator within five (5) business days
from the due date. The manager will track fees assessed or waived under this
provision, along with any documented consideration of mitigating factors, and
compile a quarterly report summarizing such information for review by the
commission.
2. The manager may
commence an action to discipline a dealer's registration for failure to timely
report property locators or make payment upon property locator home inspection
fees if the commission has assessed no fewer than two (2) property locator home
inspection fees against the dealer within the previous twelve (12) months of
the due date of the property locator at issue.
(B) The manager will have a period of no more
than one (1) year from the delivery date of the home to the consumer to conduct
the initial inspection of the home setup.
(C) Within two (2) years of the delivery date
of the home to the consumer, if no initial inspection was performed pursuant to
subsection (2)(B) of this rule, the manager may conduct an inspection of the
home for code violations upon the receipt of a formal written complaint by the
consumer.
(D) A copy of an
inspection report from a routine inspection of the setup of a manufactured
home, which does not arise from a consumer complaint, shall be transmitted to
the manufacturer, installer, or dealer, or each responsible entity, within ten
(10) days from the date of the inspection. Should an inspection occur as a
result of a consumer complaint, copies of the inspection report will be
provided to the complainant, and shall be transmitted to the manufacturer,
installer, or dealer, or each responsible entity, within ten (10) days from the
date of the inspection.
(E) Should
an initial inspection identify no code violations, or any re-inspection verify
that corrections have been made to address code violations identified on an
initial inspection report, the manager shall issue a notice of completion
indicating no outstanding issues remain to be addressed. Such notice shall be
issued to each responsible entity. A complainant shall also be issued a notice
of completion should an initial inspection occur subsequent to a consumer
complaint. Such notice shall be issued within twenty (20) days from the date of
the final inspection or re-inspection. This notice is intended to notify
parties when the manager has completed an inspection process, and will not
serve to indemnify any responsible party from any future liability.
(F) The manager shall submit to the
commission any written request for a waiver of fees identified in this
subsection, and the commission may grant such a waiver for good cause
shown.
(3) Manufacturers
shall mail or deliver to the manager by the tenth day of each month a report
that identifies, by make, model, and serial number, the new manufactured homes
to which certification labels have been affixed since the previous report. Such
report shall also include the certification label number for each such
manufactured home.
*Original authority: 700.040, RSMo 1973, amended 1976,
1978, 1982, 1984, 1989, 1993, 1995,
1999.