An Act To Amend the Laws Governing the Manufactured Housing Board
Maine Legislature, Session 122, LD 1509
Committee: Business, Research and Economic Development
Sponsors: HASTINGS, MILLETT, HAMPER
Amends: 10 MRSA §9002, 10 MRSA §9006-C, 10 MRSA §9006-D, 10 MRSA §900, 10 MRSA §9009, 10 MRSA §9011, 10 MRSA §9021, 10 MRSA §9022, 10 MRSA §9042, 10 MRSA §9045, 10 MRSA §9046, 10 MRSA §9047, 10 MRSA §9051

Legislative Document 
No. 1509 
S.P.525 
In Senate, March 30, 2005 
An Act To Amend the Laws Governing the Manufactured Housing 
Board 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Senator HASTINGS of Oxford. 
Cosponsored by Representative MILLETT of Waterford and 
Representative: HAMPER of Oxford. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 10 MRSA §9002, sub-§2, as repealed and replaced by PL 
1981, c. 152, §Z, is amended to read: 
2. 
Dealer. 
"Dealer" means 
aBY 
.a person engaged in the 
~e~ai~-~~~~~~-~~~~~~-~9~ sale, offering for sale, brokering 
or distribution of manufactured Reme6T-p£4ma£4~y-~~~~~~a-wReT 
iB-~-~~~~--p~~eRa6e6--~-~-~e~-~~~&&&-~~--~RaR 
~e6a±e housing to a licensed dealer, developer dealer or consumer. 
Sec. 2. 10 MRSA §9002, sub-§2-A is enacted to read: 
2-A. 
Developer dealer. 
"Developer dealer" means a person 
who 
purchases 
§tate certified 
manufactured 
housing 
from 
a 
licensed manufacturer or dealer for placement on property owned 
by the developer dealer and who offers the manufactured housing 
for sale to the initial purchaser of the manufactured housing. 
The developer dealer may not install such manufactured housing 
but 
may 
contract with 
the 
manufacturer 
or 
dealer 
for 
the 
installation of such manufactured housing. 
Sec. 3. 10 MRSA §9002, sub-§6-A, as enacted by PL 1993, c. 
642, §9, is amended to read: 
6-A. 
Installer. 
"Installer" means aBY 
.Q 
personT-4ll.€J.~e.iR~ 
9~~-ll.e~-~~~~~~~~~~~-e~-me€RaRi€7-~~~~1~~~~-&~&&-~P 
maR~~ae&~F~e-he~64R~-~~--&-9~ye~ engaged in the installation or 
servicing of §tate-certified manufactured housing. 
Sec. 4. 10 MRSA §9002, sub-§7, as repealed and replaced by PL 
1981, c. 152, §4, is amended to read: 
7. 
Manufactured housing. 
"Manufactured housing" 
means 
a 
structural unit or units designed ~e~-e€€~paReYT to be used as a 
dwelling or dwellings and constructed in a manufacturing facility 
and then transported by the use of its own chassis or placement 
on an independent chassis to a building site. The term includes 
any type of building wRieR ~ 
is constructed at a manufacturing 
facility and then transported to a building site where it is 
utilized for housing and that may be purchased eF~ sold, offered 
for sale or broke red by a 
e.ea±e~ licensee in the interim. For 
purposes 
of 
this 
Act, 
types 
of 
manufactured 
housing 
are 
included. They are: 
A. 
~Rese HUD code homes, which are those units constructed 
after June 15, 1976 T-wh4€R that the manufacturer certifies 
are constructed in compliance with the HUD standard, meaning 
structures, transportable in one or more 
sectionsT--wRieR 
that, in the traveling mode, 
are 8 body feet or more in 
width and 40 body feet or more in length or, when erected on 
site, are 320 or more square feet, and whieh are built on a 
permanent chassis and designed to be used as dwellings, with 
or without permanent foundations, 
when 
connected to the 
required 
utilities, 
including 
the 
plumbing, 
heating, 
air-conditioning and electrical systems contained therein; 
except that such term shall include any structure whish ~ 
meets all the requirements of this paragraph except the size 
requirements 
and with respect to which the manufacturer 
voluntarily files a certification required by the Secretary 
of 
the 
United 
States 
Department 
of 
Housing 
and 
Urban 
Development 
and 
complies 
with 
the 
standards established 
under 
the National Manufactured Housing Construction and 
Safety Standards Act of 1974, 42 United States Code 5401, et 
seq; 
B. 
±hese State-certified modular homes. 
which are those 
uni ts whish .tlli:!..t the manufacturer certifies are constructed 
in compliance with the 
s~a~e~s State's Manufactured Housing 
Act and regulations, meaning structures, transportable in 
one or more sections, whish that are not constructed on a 
permanent chassis and are designed to be used as dwellings 
on 
foundations 
when 
connected 
to 
required 
utilities, 
including 
the 
plumbing, 
heating, 
air-conditioning 
or 
electrical systems contained therein; 
C. 
±hese 
Pre-HUD-code 
homes. 
which 
are 
those 
units 
constructed prior to 
June 
15, 
1976, 
meaning structures, 
transportable in one or more sections, whish ~ 
are 8 body 
feet or more in width and are 32 
body feet or more in 
lengthT 
and whish are built on 
a 
permanent chassis and 
designed to be used as dwellings, with or without permanent 
foundations, 
when 
connected 
to 
the 
required utilities, 
including 
the 
plumbing, 
heating, 
air-conditioning 
or 
electrical systems contained therein. 
Sec. 5. 10 MRSA §9002, sub-§8-A is enacted to read: 
8-A. 
Manufacturer's agent. 
"Manufacturer's agent" means an 
individual. not an employee of a manufacturer. who represents one 
or more manufacturers and who is engaged in the sale, offering 
for 
sale. 
brokering 
or 
distribution 
of 
HUD-code 
homes 
or 
state-certified manufactured housing to 
a 
licensed dealer or 
developer dealer. 
Sec. 6. 10 MRSA §9002, sub-§9, as amended by PL 1981, c. 152, 
§5, is further amended to read: 
9. 
Mechanic. 
"Mechanic" 
means 
aRy--~-6~-~--iR 
seFvieiR~--eF--ias~a±±ia~--maaYEae~YFea--heHsiR~T--as--aeEiaea--ia 
seee~eB-~~~~~-~~~-~r-~aFa~Fa~as-A-~~,-B&F-eeffi~eBSaEieB 
aBQ-~~~-a-~~~-~~~~-e~-~~aB~~ae~~FeF-~~-~-Qeale~ an 
individual engaged in the installation or servicing of HUn code 
or pre-HUD-code homes. 
Sec. 7. 10 MRSA §9006-C, sub-§2, as enacted by PL 1993, c. 
642, §15, is amended to read: 
2. 
Installer's 
or 
mechanic's 
warranty 
seal. 
Before 
manufactured 
housing 
may 
be 
installed 
in 
this 
State, 
the 
installer saall or mechanic must obtain from the board a Maine 
installer's or mechanic's warranty seal and attach the seal to 
the manufactured housing. 
The fee to the installer or mechanic 
for the warranty seal may not exceed $25. 
Sec. S. 10 MRSA §9006-D, as enacted by PL 2001, c. 281, §l, 
is amended to read: 
§9006-D. Notice of installation 
1. 
Notice of installation. 
A manufacturer, manufacturer's 
agent, 
dealer, 
mechanic 
and installer shall notify the board 
every month of the installations completed by that person that 
month. 
The notice must include the location of each unit of 
manufactured housing, 
the owner of each unit at the time of 
installation, the type or model of the unit, the manufacturer of 
the 
unit, 
written certification that 
the 
installation meets 
standards that conform to those required by the board and the 
name 
and 
address 
of 
the 
manufacturer, 
manufacturer's 
agent, 
dealer, mechanic or installer. 
The information must be submitted 
within 10 days after the end of each month in the form and manner 
prescribed by the board by rule. 
Rules adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter ii-A 2-A. 
2. 
Failure to file. 
The board may require a manufacturer, 
manufacturer's agent, dealer, mechanic or installer who fails to 
comply with this section to pay a fine of not less than $5 and 
not more than $100 for each day the notice is late. 
Sec. 9. 10 MRSA §900S, as repealed and replaced by PL 1981, 
c. 152, §10, is amended to read: 
§9008. Prohibited practices 
1. 
Licenses. Ne A person may not manufacture, sell, broker, 
distribute, install or service any manufactured housing in this 
State without first obtaining 
a 
license 
from 
the 
board 
as 
required in this chapter. 
2. 
Violation of regulations and standards. Ne A person may 
not knowingly manufacture, sell, broker, distribute, install or 
service 
manufactured 
housing 
in 
the 
State 
that 
is 
not 
in 
compliance with the regulations and standards authorized under 
this chapter. 
Sec. 10. 10 MRSA §9009, sub-§2, as amended by PL 1993, c. 642, 
§16 and PL 1999, c. 547, Pt. B, 
§78 and affected by §80, is 
further amended to read: 
2. 
Investigation of complaints; revocation or suspension of 
licenses. The board shall investigate or cause to be investigated 
all complaints made to the board and all cases of noncompliance 
with or violation of this chapter or of a warranty applicable to 
the 
manufacture 
or 
installation 
of 
manufactured 
housing. 
Notwithstanding Title 5, section 10051, if the board after notice 
and a hearing finds that the manufacturer, manufacturer's agent, 
dealer, developer dealer, installer or mechanic has violated this 
chapter, 
the 
rules 
adopted 
pursuant 
to 
this 
chapter 
or 
an 
applicable warranty, 
the board may file a 
complaint with the 
District Court to revoke or suspend the license or approval of 
the manufacturer, manufacturer's agent, dealer, developer dealer, 
installer or mechanic. If the board does not find reasonable 
grounds to believe that a violation of this chapter or breach of 
an applicable warranty has occurred, the board shall enter an 
order so finding and dismiss the proceeding. 
The board, 
for 
reasons it considers sufficient, may reissue a license to any 
person whose license has been revoked if 3 or more members of the 
board vote in favor of this reissuance. 
Sec. 11. 10 MRSA §9009, sub-§3, as amended by PL 1993, c. 642, 
§18, is further amended to read: 
3. 
Remedies for manufacturing defects. 
The board staff 
shall 
investigate 
all 
complaints 
made 
to 
the 
board 
of 
noncompliance with or violation of chapter 213 or a warranty 
applicable to the sale of manufactured housing. 
If the board 
finds, 
after hearing, 
that a 
manufacturer 
e~, manufacturer's 
agent, 
dealer 
or 
developer 
dealer 
has 
sold, 
or 
is 
making 
available for sale, manufactured housing that poses a threat to 
public health or safety or has failed to comply with chapter 213 
or an applicable warranty, express or implied, 
the board may 
order 
the manufacturer 
e~ 
manufacturer's agent, 
dealer or 
developer dealer or Beta or any combination thereof to take 
appropriate corrective action. 
Corrective action may include, 
but is not limited to, reimbursing consumers for repairs that are 
covered by warranty and made by the consumer if the consumer 
notifies 
the 
dealer 
e~, 
developer 
dealer, 
manufacturer 
or 
manufacturer's agent in writing of the defect within a reasonable 
time prior to undertaking the repairs and the board finds that 
the repairs are or were necessary to correct or prevent 
an 
imminent threat to health or safety or to the structure of the 
manufactured housing. 
Notwithstanding Title 5, 
section 10051, 
the 
board 
may 
also 
revoke 
or 
suspend 
the 
license 
of 
the 
manufacturer SF, manufacturer's agent, dealer, developer dealer 
or 9s~h any combination thereof to prevent any future threat to 
public health or safety. 
This subsection applies to any new 
manufactured housing that is sold to a consumer after January 1, 
1993. 
Sec. 12. 10 MRSA §9009, sub-§4, as enacted by PL 1993, c. 642, 
§19, is amended to read: 
4. 
Remedies 
for installation defects. 
The 
board staff 
shall 
investigate 
all 
complaints 
made 
to 
the 
board 
of 
noncompliance with or violation of chapter 213 or a 
warranty 
applicable to the installation of manufactured housing. 
If the 
board finds, after hearing, that the installation of manufactured 
housing poses a threat to public health or safety or does not 
comply with the board's installation standards, chapter 213 or 
any applicable warranty, the board may order the installer to 
take 
appropriate 
corrective 
action. 
Corrective 
action 
may 
include, but is not limited to, reimbursing consumers for repairs 
that are covered by warranty and made by the consumer if the 
consumer notifies the installer or mechanic in writing of the 
defect within a reasonable time prior to undertaking the repairs 
and the board finds that the repairs are or were necessary to 
correct or prevent an imminent threat to health or safety or to 
the structure of manufactured housing. 
Notwithstanding Title 5, 
section 
10051, 
the 
board 
may 
also 
revoke 
or 
suspend 
the 
installer's or mechanic's license to install manufactured housing 
to prevent any future threat to the public health or safety. 
This subsection applies to any new manufactured housing that is 
sold to a consumer after January 1, 1993. 
Sec. 13. 10 MRSA §9011, sub-§4, ,A, as enacted by PL 1999, c. 
725, §2, is amended to read: 
A. 
A person damaged as a result of a violation of this 
chapter also has 
a 
cause of action in court against the 
person 
responsible 
for 
the 
manufacture, 
brokering, 
distribution, sale, lease, installation or service, and the 
court may award appropriate damages and cost for litigation 
in its judgment. 
Sec. 14. 10 MRSA §9021, sub-§I, as amended by PL 1993, c. 642, 
§23, is further amended to read: 
1. 
Licenses 
required. 
Any 
person 
who 
engages 
business 
of 
manufacturing, 
brokering, 
distributing, 
installing or servicing manufactured housing shall first 
in 
the 
selling, 
obtain a 
license issued by the board. The board shall, within a reasonable 
time, issue a license to any person who intends to manufacture, 
sell, 
install or 
service manufactured housing 
in this State 
subject to filing and approval of an application provided by the 
board. Any person who is licensed to conduct these activities by 
other state or federal law is exempt from this requirement when 
the law provides for specific authority to provide a particular 
service or preempts the requirement for such a license. Active 
licensees of the Real Estate Commission are exempt 
from 
the 
licensing requirement for selling or brokering QseQ manufactured 
housing 
BQI;--no-t--~l'em--t-be--Feq-1*i-~-6--e.f--t.-b-j,..s..-€Ra~l;el' if such 
housing is sold or offered for s$!-le by $!- licensee of the bO$!-rd. 
A m$!-nuf$!-cturer' s 
$!-gent must provide the board with the names, 
addresses 
and license numbers of 
$!-ll 
licensees that will be 
represented by the manuf$!-cturer's agent. 
Sec. 15. 10 MRSA §9021, sub-§2, 1JA, as amended by PL 1991, c. 
391, §2, is further amended to read: 
A. 
The 
license 
fee 
for 
manufacturers 
of 
manufactured 
housing who deliver or sell manufactured housing may not 
exceed $200 annually. 
Th!;! 
li~!:1n~!;! 
f!;!!;! 
fQr m!:Hlufg!;;tyrer's 
$!-g!:1nt~ 
mQY 
nQt 
~X~~!:1g 
~2QQ QnnYQJ,ly. 
Each manufacturing 
plant that delivers or sells manufactured housing in the 
State must obtain a separate license. 
Sec. 16. 10 MRSA §9021, sub-§2, 1JB, as amended by PL 1993, c. 
642, §24, is further amended to read: 
B. 
The license fee for dealers or developer dealers who are 
engaged in the retail selling, offering for sale, brokeringr 
or distribution of manufactured housing may not exceed $200 
annually. 
Sec. 17. 10 MRSA §9021, sub-§2, 1JD, as amended by PL 1991, c. 
391, §3, is further amended to read: 
D. 
The 
additional 
license 
fee 
for 
dealers, 
developer 
deQlers, 
installers or mechanics 
who 
have more 
than one 
business location may not exceed $50 annually per additional 
location. 
Sec. 18. 10 MRSA §9021, sub-§6, as enacted by PL 1993, c. 642, 
§25, is amended to read: 
6. 
Financial responsibility. 
The board may require bonding 
or 
other 
reasonable 
methods 
to 
ensure 
that 
manufacturers, 
manufacturer's 
agents, 
dealers, 
developer 
dealers 
and 
others 
licensed under this chapter are financially responsible to fully 
comply with this chapter. 
Sec. 19. 10 MRSA §9021, sub-§8, 1I1IB and C, as enacted by PL 
1993, c. 642, §25, are amended to read: 
B. 
Accepted manufactured housing, directly or indirectly, 
from a manufacturer or a manufacturer's agent not licensed 
by the State pursuant to this chapter; 
C. 
Sold or delivered, directly or indirectly, manufactured 
housing to a dealer or developer dealer not licensed by the 
State pursuant to this chapter; or 
Sec. 20. 10 MRS A §9021, sub-§9, as enacted by PL 2001, c. 281, 
§2, is amended to read: 
9. 
Proof of sales tax registration. 
The 
board 
shall 
require that an applicant for a manufacturer SF, manufacturer's 
agent, dealer or developer dealer license under this subchapter 
demonstrate that the applicant is registered with the State Tax 
Assessor for the collection of sales and use tax under Title 36, 
chapter 211 or that the applicant is not required to register 
under that chapter. 
Sec. 21. 10 MRSA §9022, sub-§2, as enacted by PL 1977, c. 550, 
§l, is amended to read: 
2. 
Manufacturers. A manufacturer may manufacture or sell to 
dealers and developer dealers when licensed as a manufacturer of 
manufactured housing and may repair defects and is exempt from 
any 
licensing 
requirements 
of 
other 
state 
or 
political 
syea~Y~S~eR subdivisions. 
Sec. 22. 10 MRSA §9022, sub-§5 is enacted to read: 
5. 
Manufacturer·s 
agent. 
A 
manufacturer's 
agent 
may 
represent manufacturers and may engage in the sale, brokering, 
offering for sale or distribution of manufactured housing when 
licensed 
as 
a 
manufacturer's 
agent 
and 
is 
exempt 
from 
any 
licensing reguirements of other state or political subdivisions. 
Sec. 23. 10 MRSA §9042, sub-§3, as amended by PL 1999, c. 725, 
§3, is further amended to read: 
3. 
Exemption. Notwithstanding the provisions of Title 25, 
section 
2357 
and Title 
30-11., 
section 4358, 
new 
manufactured 
housing 
that 
is 
manufactured, 
brokered, 
distributed, 
sold, 
installed or serviced in compliance with this chapter is exempt 
from all state or other political subdivision codes, standards, 
rules or regulations that regulate the same matters. 
A building 
permit or certificate of occupancy may not be delayed, denied or 
withheld on account of any alleged failure of new manufactured 
housing to comply with any code, standard, rule or regulation 
from which the new manufactured housing is exempt under this 
subsection. 
Sec. 24. 10 MRSA §9045, sub-§2, as repealed and replaced by PL 
1991, c. 391, §6, is amended to read: 
2. 
Fee for inspection. 
A fee, not to exceed the cos t of 
inspection, for inspection of manufactured housing that must be 
paid 
by 
the 
manufacturer, 
manufacturer's 
agent, 
dealer, 
aistFiBateFr-BFekeF developer dealer, installer or mechanic whose 
actions or failure to act gave rise to the necessity of the 
inspection. 
Sec. 25. 10 MRSA §9046, as enacted by PL 1981, c. 152, §14, 
is amended to read: 
§9046. Complaint investigation 
Upon complaint by any person concerning an alleged violation 
of this chapter, the board shall investigate and determine, or 
shall cause to be investigated and determined, whether the unit 
complies with established regulations. The board shall notify the 
complainant 
of 
his 
the 
complainant's 
right 
to 
relief 
under 
section 9011, subsection 4. If the board determines the defect 
occurred in other similar manufactured housing, the board shall 
notify all ascertainable purchasers of the housing, in accordance 
wi th the records obtained from the manufacturer and dealer of 
their possible right of action under this subchapter. Failure of 
the manufacturer eF, manufacturer's agent, dealer or developer 
dealer 
to retain reasonable business 
records T 
or 
to provide 
access to those records in response to a request by the board 
pursuant to this subchapterT--s.fl.a.J..,l--he--eeRsiaeFea is a violation 
of this chapter. 
Sec. 26. 10 MRSA §9047, sub-§I, ~A, as amended by PL 1993, c. 
642, §28, is further amended to read: 
A. 
Notification by mail 
to the first purchaser of the 
manufactured 
housing, 
other 
than 
a 
dealer 
or 
developer 
dealer of the manufacturer, and to any subsequent purchaser 
whose identity the manufacturer knows; 
Sec. 27. 10 MRSA §9047, sub-§I, ~B, as enacted by PL 1981, c. 
152, §14, is amended to read: 
B. 
Notification by mail or some expeditious means to the 
aeale~-eF dealers and developer dealers of the manufacturer 
to whom the manufactured housing was delivered; and 
Sec. 28. 10 MRSA §9051, sub-§3, as enacted by PL 1993, c. 642, 
§30, is amended to read: 
3. 
Notice for purposes of limitation of actions. 
If a 
consumer 
files 
a 
written 
complaint 
with 
the 
manufacturer, 
manufacturer's 
agent, 
dealer, 
developer 
dealer, 
installer L 
mechanic or board within one year and 10 days after installation 
of new manufactured housing, receipt of the written complaint by 
the manufacturer, manufacturer's agent, dealer, developer dealer, 
installer, mechanic or board tolls the statute of limitations for 
purposes of bringing an action to enforce any applicable warranty 
concerning 
the 
defect 
that 
is 
the 
subject 
of 
the 
written 
complaint. 
SUMMARY 
This bill amends the laws governing the Manufactured Housing 
Board. 
The bill amends the definitions of "dealer," "installer," 
"mechanic" 
and 
"manufactured housing." 
The bill also enacts 
definitions for the terms "developer dealer" and "manufacturer's 
agent." 
It 
requires 
licensing 
of 
developer 
dealers 
and 
manufacturer's agents.