(1) Before beginning the installation of a manufactured home, the owner or registered installer of a manufactured home shall make an application for an installer's certificate from the division.
The division may certify any installer who provides evidence of five or more installations of manufactured homes performed by the installer for which certificates have previously been issued pursuant to this section when, in the judgment of the division, the installer has demonstrated the ability to successfully complete installations of manufactured homes in accordance with the requirements of this part 33. An installer certified by the division may, at the time of obtaining an installation certificate required by subsection (1) of this section, obtain a standard form of certificate of installation to be completed by the certified installer upon completion of the installation of the manufactured home in accordance with the requirements of this part 33. The certified installer shall, upon attachment of the certificate of installation to the manufactured home, transmit a report of the certificate to the division. The division or independent contractor at the request of the division may, at the division's sole discretion, inspect the installation of any manufactured home performed by a certified installer pursuant to this subsection (2) and may require the certified installer to correct, within a period established by rule promulgated by the board, any defects or deficiencies in the installation. The division may revoke the certification of any installer certified pursuant to this subsection (2) when, in the judgment of the division, the installer has performed installations of a manufactured home in violation of the requirements of this part 33. Any installer whose certification has been so revoked may apply for recertification in accordance with rules promulgated by the division.
(a) The division may suspend or revoke the registration of a registered installer if the installer fails to:
(I) Comply with the registration requirements of section 24-32-3315; or (II) Otherwise pay to the owner or occupant of a manufactured home:
The cost of an inspection that fails to meet the requirements of the manufacturer'sinstructions or the standards promulgated by the division;
The cost of any subsequent repairs that are necessary to bring the installation intocompliance with the manufacturer's instructions or the standards promulgated by the division; or (C) The cost of subsequent required inspections.
(b) The division may execute a performance bond on behalf of an owner.
An owner and a registered installer shall display an installer's certificate at the site ofa manufactured home to be installed until a certificate of installation is issued by the division.
(a) The division shall adopt rules that specify a standard form to be used statewide by the division or an independent contractor as a certificate of installation certifying that a manufactured home was installed in compliance with the provisions of this part 33. However, the certificate of installation applies only to installation of a manufactured home built in a factory and components shipped with the manufactured home as reflected in the approved plans for the manufactured home. The certificate of installation shall include but not be limited to the following:
The name, address, and telephone number of the division;
The date the installation was completed; and
The name, address, telephone number, and registration number of the registeredinstaller who performed the installation.
(b) If a vacant manufactured home fails an installation inspection because of conditions that endanger the health or safety of the occupant, the manufactured home shall not be occupied. If a manufactured home fails an installation inspection because of conditions that do not endanger the health or safety of the occupant, the manufactured home may be occupied pending the correction of those defects or deficiencies that served as the basis of the failed inspection.
In addition to inspections performed pursuant to subsection (2) of this section, thedivision or the independent contractor that performs inspections and enforcement of proper installation of manufactured homes may inspect the installation of a manufactured home upon request filed by the owner, installer, manufacturer, or retailer of the manufactured home. The inspection shall be paid for by the party that requested the inspection.
If the installation of a manufactured home by an installer has failed the inspectionconducted by the division or the independent contractor and it is determined by the division or the independent contractor that the installer has violated any of the installation standards promulgated by the division, the installer shall reimburse the party requesting the inspection for the cost of the failed inspection and shall pay for any subsequent repairs necessary to bring the installation into compliance with the manufacturer's instructions or standards promulgated by the division. The installer shall also pay for any subsequent inspections required by the division or the independent contractor. Failure of the installer to pay for any inspections or subsequent repairs deemed necessary by the division or the independent contractor shall result in the forfeiture of the installer's performance bond on behalf of the owner of the manufactured home.
The division may authorize an independent contractor to perform inspections andenforcement of proper installation of manufactured homes. The division may provide training for independent contractors. Independent contractors shall be certified by the division to perform installation inspections. The division shall establish by rule the qualifications of an inspector and the areas of expertise necessary for inspecting manufactured homes. On and after July 1, 2008, a new inspector must pass a division-approved installation test. The qualifications for an inspector include but are not limited to those of a professional civil engineer or local housing inspector or independent contractor. Commencing in 2009, inspectors shall also complete, and maintain records of the completion of, either:
Twelve hours of division-approved education and twelve hours of international codecouncil education every three calendar years; or
Twenty-four hours of division-approved education every three calendar years.
If an installation or subsequent repair of an installation by an installer fails to meetthe standards promulgated by the division within a period determined by the division, the division shall investigate the actions of the installer. The division may revoke, suspend, or refuse to renew the registration or certification of the installer for failing to comply with the division's standards regarding installation of a manufactured home. Any independent contractor that knows of an installer whose installations fail inspection and have not been cured by subsequent repair shall request that the division investigate the installer.
The division shall adopt rules concerning:
A standard installer inspection form to be used statewide by the division or an independent contractor that performs manufactured home installation inspection and enforcement activities;
Certification requirements for independent contractors to use to inspect installations;
Proper installation inspection and enforcement standards;
A standard certificate of installation to be used statewide by the division; and
Any other rule necessary for the implementation of manufactured home installationrequirements in this part 33.
Source: L. 2003: Entire part added, p. 542, § 2, effective March 5. L. 2007: IP(5)(a) amended, p. 435, § 3, effective August 3. L. 2008: (8) amended, p. 1740, § 4, effective June 2. L. 2009: (6) amended, (HB 09-1171), ch. 95, p. 361, § 2, effective April 3.