Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This rule outlines the procedure for the
re-inspection of modular homes and third party requests for inspections
pursuant to section
700.040,
RSMo.
(1) Re-inspections
subsequent to routine inspections of new modular homes.
(A) The manager may conduct re-inspections of
new modular homes to verify corrections have been made to address code
violations identified on the initial routine inspection report.
(B) The manager shall not assess the dealer,
installer, or the manufacturer, or each entity, a fee for the first
re-inspection.
(C) The manager, in
consultation with the commission staff director, after attempting to contact
the entity at issue 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) re-inspection fee(s) for any re-inspection subsequent to the first
re-inspection. The fee is charged to the dealer, installer, or the manufacturer
who was responsible for making the corrections and completing the corrections.
The manager will track fees assessed or waived under this provision, along with
any documented consideration, and compile a quarterly report summarizing such
information for review by the commission.
(2) Re-inspections subsequent to a consumer
complaint.
(A) The manager may conduct
re-inspections of new modular homes when the required corrections have not been
completed by the dealer, installer, or manufacturer within sixty (60) days of
the initial inspection.
(B) The
manager in consultation with the commission staff director, after attempting to
contact the entity at issue 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 the dealer,
installer, or the manufacturer, or each entity, a fee for the re-inspection(s)
if the dealer, installer, or the manufacturer responsible for making the
required corrections fails to complete the required corrections within sixty
(60) days of receipt of a consumer complaint. The fee shall not be charged to
the dealer, installer, or the manufacturer who was responsible for making the
required corrections if, during the re-inspection, it is found that the
required corrections have been corrected within sixty (60) days of receipt of
the consumer complaint. The manager will track fees assessed or waived under
this provision, along with any documented consideration, and compile a
quarterly report summarizing such information for review by the
commission.
(3) The
re-inspection shall address all violations listed in the initial inspection
report. A copy of the report shall be forwarded, within ten (10) days of the
re-inspection, to the manufacturer, dealer, or both, and the customer, if
applicable.
(4) The assessed fee
shall be paid to the commission within twenty (20) working days from the date
the re-inspection is completed. Each manufacturer and each dealer shall submit
along with the fee a written plan of action to be taken by each to correct any
remaining violations identified and, unless otherwise approved by the manager,
corrections shall be completed within thirty (30) days of the
reinspection.
(5) The fee for all
inspections requested by third parties four hundred dollars ($400). Requests
for inspections by third parties must be submitted in writing to the
manufactured housing and modular units program along with the associated fee.
Licensed manufacturers or dealers are not considered third parties.
(6) If the manufacturer, installer, or dealer
has not paid the re-inspection fee within thirty (30) days of the prescribed
date, the manager may file a complaint and the commission may suspend the
manufacturer, installer, or dealer certificate or registration.
(7) The following situations constitute
grounds for commission denial, revocation, or placing on probation of a
manufacturer or dealer certificate of registration:
(A) Failure to pay a re-inspection fee by the
prescribed due date for two (2) consecutive months; or
(B) Failure to pay a re-inspection fee by the
prescribed due date for any four (4) of the preceding twelve (12)
months.
*Original authority: 700.040, RSMo, 1973 amended 1976,
1978, 1982, 1984, 1989, 1993, 1995,
1999.
