Compilation of Rules and Regulations of the State of Georgia › Department 120 - OFFICE OF COMMISSIONER OF INSURANCE, SAFETY FIRE COMMISSIONER AND INDUSTRIAL LOAN COMMISSIONER › Chapter 120-3 - RULES OF SAFETY FIRE COMMISSIONER › Subject 120-3-7 - RULES AND REGULATIONS FOR MANUFACTURED HOMES › Rule 120-3-7-.08 - Annual License

Current through Rules and Regulations filed through June 27, 2024
(1) Every manufacturer who manufactures
				manufactured homes in Georgia and every manufacturer who manufactures
				manufactured homes outside the State of Georgia and who sells or offers for
				sale said manufactured homes in Georgia shall apply for and obtain a license
				from the Manufactured Housing Section of the Safety Fire Division on the
				prescribed form and accompanied by the fee as provided in O.C.G.A. §
									8-2-135(1) and
				(2). For licensing purposes, each plant
				location shall be treated as a separate entity and shall adhere to all
				licensing requirements. The applicant for licensure shall specify the actual
				physical location where manufactured homes are built or assembled. Every
				manufacturer receiving a license shall display the license in the place of
				business and shall make such license available upon request for verification by
				an authorized representative of the Commissioner.
(2) Every retailer and retail broker who
				sells or offers for sale to consumers three (3) or more new or previously owned
				manufactured or mobile homes in a twelve (12) month period in Georgia shall
				apply for and obtain a license from the Manufactured Housing Section of the
				Safety Fire Division on the prescribed form and accompanied by the fee as
				provided in O.C.G.A. §
									8-2-135(3) and
				(5). For licensing purposes, each retailer
				lot or location and retail broker location shall be treated as a separate
				entity and shall adhere to all licensing requirements. The applicant for
				licensure shall specify the actual physical address where manufactured or
				mobile homes are located. Every retailer or retail broker receiving a license
				shall keep the license in the place of business and shall make such license
				available upon request for verification by an authorized representative of the
				Commissioner. The application for said license shall include a complete
				authorization form prescribed by the Commissioner of Insurance which allows the
				verification of criminal history by the department.
(3) Every installer who installs new or
				previously owned manufactured or mobile homes anywhere within the State of
				Georgia in accordance with O.C.G.A. §
									8-2-161(1)  shall
				apply for and obtain a license from the Manufactured Housing Section of the
				Safety Fire Division, to operate as a licensed installer, on the prescribed
				form and accompanied by the fee as provided in O.C.G.A. §
									8-2-161(1). The
				applicant shall specify an actual physical location where the installer's
				business is based and where records are maintained. The application for said
				license shall include a completed authorization form as prescribed by the
				Commissioner of Insurance which allows the verification of criminal history by
				the department.
(a) The application for
				licensure for each installer shall be accompanied by proof of successful
				completion of an installation training course and corresponding examination,
				authorized or approved by the Commissioner, and designated for licensure. The
				course must have been taken within 12 months prior to the initial application
				for licensure. Continuing education courses approved by the Commissioner shall
				be taken every 24 months thereafter.
(b) A licensed installer may employ or
				contract with other authorized accountable personnel to assist with the
				installations of manufactured or mobile homes. The licensee shall be required
				to be at the installation site at all times, unless at least one authorized
				accountable personnel is continually at the installation site while the
				installation work is in progress and is accountable to the licensee. The
				licensee shall be responsible for ensuring that any installation performed
				under said license be in compliance with the applicable instructions and the
				licensee shall be responsible for providing remedial action when required.
				Proof of licensure and/or authorization of accountable personnel, shall be
				maintained at the installation site at all times for verification by local code
				officials and authorized representatives of the Commissioner. The proof may be
				in the form of the original license, copy of the original license or on a form
				prescribed by the Commissioner. Local jurisdictions are authorized to require
				proof of licensure prior to issuing any permits necessary to perform
				installations of manufactured and mobile homes. "Authorized accountable
				personnel" is defined as a person or persons who have successfully completed
				the installation training course, and any applicable continuing education
				courses, and their corresponding examinations, approved by the Commissioner. A
				certificate of Completion will be provided by the Manufactured Housing Section
				of the Safety Fire Division to these individuals upon proof of successful
				completion of these courses and examinations. Any retailer or retail broker
				licensed under the provisions of the Manufactured Housing Act who uses the
				services of or otherwise employs a person, partnership, corporation, entity,
				etc. that is not licensed as an installer in the State of Georgia shall be
				subject to the revocation of said retailer's and retail broker's license or
				other penal measures as prescribed by this Regulation. Any failure to comply
				with the provisions contained herein shall be considered a violation of the
				Manufactured Housing Act and be subject to penal measures prescribed by the
				Commissioner of Insurance, including but not limited to, the revocation of any
				applicable license.
(c) An
				individual who transports a manufactured or mobile home to the site of
				installation shall be excluded from licensure as an installer provided he or
				she performs only such temporary blocking as is necessary to stabilize the home
				and shall not, under these circumstances, be considered to be an installer.
				However, any further blocking of the home by the carrier shall be considered to
				be an installation of the unit, and the carrier shall comply with licensure
				requirements of an installer and the installation must be performed in
				compliance with O.C.G.A. §
										8-2-160 et seq. and the applicable
				rules of the Commissioner. A partial installation of a manufactured or mobile
				home is not allowed under the Manufactured Housing Act.
(d) Any installer who is discovered by a
				state or local inspector to have performed an installation in a manner contrary
				to the methods indicated by the manufacturers installation instruction manual
				and Rule 120-3-7-.21, as
				applicable, shall be deemed to be in violation of the Manufactured Housing Act
				and shall be subject to revocation of his or her license and/or other penal
				measures as prescribed by the Commissioner of Insurance, this Regulation or
				other applicable Georgia law.
(e)
				In all cases in which the installation is arranged by and/or paid for by the
				retailer or retail broker, the retailer and retail broker shall assume
				responsibility for the proper set up of the mobile or manufactured home.
				Failure to comply with the requirements of this subsection shall be deemed a
				violation of the Manufactured Housing Act and shall be subject to the
				revocation of the retailer's or retail broker's license or other penal measures
				as prescribed by this Regulation or other applicable Georgia law. This
				subsection shall not relieve any installer from any responsibilities and
				applicable penalties.