2023 Tennessee Code › Title 68 - HEALTH, SAFETY AND ENVIRONMENTAL PROTECTION (§§ 68-1-NEW — 68-221-1319) › SAFETY (§§ 68-101-101 — 68-143-103) › Chapter 126 - MANUFACTURED HOMES (§§ 68-126-101 — 68-126-412) › Part 4 - TENNESSEE MANUFACTURED HOME INSTALLATION ACT (§§ 68-126-401 — 68-126-412) › Section 68-126-404 - Licensing and certification of installers - Fees, bonds, and penalties

(a)
No person may install a manufactured home in this state unless such person is licensed by the commissioner as an installer. Any subcontractor used by an installer to perform installation work in accordance with §
68-126-205
shall be duly licensed as an installer or shall be covered under the installer's bond. At least one (1) person who actually performs installation work at the site shall be certified by the commissioner in accordance with subdivision (d)(2).
(b)
In addition to meeting other lawful requirements, an applicant for a license as an installer shall present, at the time of application, proof of having completed a fifteen-hour course, approved by the commissioner, covering the installation of manufactured homes.
(c)
Prior to being issued a license as an installer, an applicant shall have passed an examination in manufactured home installation that is approved by the commissioner.
(d)
(1)
An application for a license as an installer shall be submitted on a form prescribed by the commissioner, and shall be accompanied by a fee as set by the commissioner by rule, promulgated pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; provided, however, that the first percentage increase after January 1, 2016, shall not exceed one hundred percent (100%) of the current fee; provided, further, that the fee for an installer's license shall not exceed one hundred twenty-five dollars ($125). An application for a license as an installer shall be accompanied by a surety bond executed by the applicant as principal and by a surety company qualified to do business in this state as a surety. The bond shall be executed to the state of Tennessee and in favor of any consumer who shall suffer any loss as a result of the violation of this part. The bond shall be in the amount of ten thousand dollars ($10,000). The installer license fee shall be paid annually and shall not be prorated for portions of a year. All licenses shall expire one (1) year from the date of issuance.
(2)
An application for certification by an employee of an installer shall be submitted on a form prescribed by the commissioner and shall be accompanied by proof of having completed a fifteen-hour course and passed an examination approved by the commissioner covering the installation of manufactured homes. The license fee and bond requirements specified in subdivision (d)(1) shall not apply to applicants for certification. All certifications shall expire one (1) year from the date of issuance.
(3)
The application for a license as an installer shall specify each employee who has been certified by the commissioner as having successfully completed the examination for manufactured home retailers and installers, and who will or may be physically on site at the time of setup of any manufactured home.
(4)
In addition to the license fee for the issuance of an installer license, any installer who fails to renew such installer license on or before its expiration date or who commences business in this state prior to obtaining a license shall be required to pay a penalty in an amount that the commissioner may determine by duly promulgated rule for acting as an installer without a license.
(e)
In addition to the requirements of subdivision (d)(1), after January 1, 2004, and as a prerequisite to renewal of a license as an installer, the installer shall present proof of having completed five (5) hours of continuing education in manufactured home installation, approved by the commissioner, during the twelve-month period immediately preceding renewal. After January 1, 2004, any person desiring to renew certification shall present proof of having completed five (5) hours of continuing education in manufactured home installation, approved by the commissioner, during the twelve-month period immediately preceding renewal.
(f)
The commissioner may require installers to establish and maintain such records, make such reports, and provide such information as may be necessary to ensure compliance with this part.
(g)
Installers of HVAC systems who are engaged in the activities described in §
68-126-402(4)
in conjunction with the installation of HVAC systems are exempt from the requirements of this section.
Amended by 2015 Tenn. Acts, ch. 483, s 7, eff. 1/1/2016.
Acts 1976, ch. 626, § 4; 1981, ch. 301, § 13; T.C.A., §§ 53-6204, 68-45-104, 68-36-404; Acts 2001, ch. 34, § 3; 2002, ch. 793, § 14; 2003 , ch. 80, § 3; 2004, ch. 913, § 4.