reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 5 - (MH-5) Uniform Standards Code For Factory-Built Homes Law. (10/16/2009) › Rule 19-7-5.02 - Administration › Section 19-7-5.02.1 - Rules and Regulations › Section 19-7-5.02.1.18 - Property Locator/Certificate of Installation Submitted by the Installer/Transporter

Current through June 25, 2024
A. It shall be the
					 responsibility of each installer/transporter that transports or installs a home
					 at a secondary location to submit, for
every
Factory-Built home,
					 the Property Locator/Certificate of Installation to the Factory-Built Home
					 Division of the State Fire Marshal's Office (SFMO). The above listed form must
					 be signed and dated by the installer/transporter and received in the SFMO
					 within seventy-two (72) hours (3 days) of completion of the installation of
a
home. The Property Locator/Certificate of
					 Installation is to enable the duly appointed representative of the State Fire
					 Marshal's Office to conduct inspections as required according to the Division.
This report is required for all new and used homes that are transported
					 or installed by an installer/transporter for someone other than a licensed
					 retailer or developer
. The information on the forms must be legible and
					 shall include all of the following:
1.
					 Indicate on the form that this is a secondary installation.
2. The installer/transporter's name, license
					 number, address, telephone number, and fax number;
3. The homeowner's name, address of the home
					 installation site, the homeowner's telephone number, and county where home has
					 been installed.
4. The serial
					 number of the home, size of the home, HUD number, Wind Zone designation,
					 year/make/model of the home, new or used home designation, and the manufacturer
					 of the home;
5. The date of the
					 home installation;
6. Any
					 exclusion of the home for use as a hunting/fishing camp, storage or other use,
					 if applicable;
7. Determination of
					 party responsible for the site preparation;
8. Designation of type of pan foundation
					 system, if installed on the home;
9. Class of anchor used for home installation
					 or soil test probe readings for class of anchor installed;
10. Signature of the installer/transporter;
11. Precise and accurate written
					 directions to the home installation site; using state highway numbers, county
					 road numbers, towns, street names, and road names and distances along each
					 roadway; and
12. A clear and
					 legible map showing directions to the home-site from a known starting point.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 5 - (MH-5) Uniform Standards Code For Factory-Built Homes Law. (10/16/2009) › Rule 19-7-5.02 - Administration › Section 19-7-5.02.2 - Factory-Built Home Installation Inspection Program › Section 19-7-5.02.2.1 - Purpose

Current through June 25, 2024
The Commissioner of Insurance, in his duties as State
						Fire Marshal, pursuant to the authority granted to him by House Bill 1435, 2008
						Regular Legislative Session as codified in
Miss. Code Ann.
§
											75-49-9(11);
Miss. Code Ann.
§
											75-49-11
						(Rev. 2008); as well as the provisions of Mississippi Department of Insurance
						Regulation No. 88-101, said Regulation being the Rules of Practice and
						Procedure before the Mississippi Insurance Department; and upon agreement
						between the Mississippi State Fire Marshal's Office, Factory-Built Home
						Division ("Division") and the Department of Housing and Urban Development
						("HUD"), which requires the Division to conduct installation inspections of
						Factory-Built Homes from and after July 1, 2009.
Miss. Code Ann.
						§§
												75-49-1,
						et seq.; 75-49-11 (Supp. 2015).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 5 - (MH-5) Uniform Standards Code For Factory-Built Homes Law. (10/16/2009) › Rule 19-7-5.02 - Administration › Section 19-7-5.02.2 - Factory-Built Home Installation Inspection Program › Section 19-7-5.02.2.2 - Scope

Current through June 25, 2024
The inspection program shall apply to
all
						Factory-Built homes
sited within the State of Mississippi installed on
						or after July 1, 2009.
Miss. Code Ann.
						§§
												75-49-1,
						et seq.; 75-49-11 (Supp. 2015).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 5 - (MH-5) Uniform Standards Code For Factory-Built Homes Law. (10/16/2009) › Rule 19-7-5.02 - Administration › Section 19-7-5.02.2 - Factory-Built Home Installation Inspection Program › Section 19-7-5.02.2.3 - Mississippi Factory-Built Home Installation Program Standards

Current through June 25, 2024
The Mississippi Factory-Built Home Installation Program
						Standards (hereinafter "MS Installation Standards") shall be the standards and
						requirements as set forth by the National Manufactured Housing Construction and
						Safety Standards Act of 1974, as amended (42 USCS 5401 et seq.) and as amended
						by the Manufactured Housing Improvement Act of 2000, as same may be revised and
						amended; and Mississippi Department of Insurance Regulation MH-5, as amended.
Miss. Code Ann.
						§§
												75-49-1,
						et seq.; 75-49-11 (Supp. 2015).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 5 - (MH-5) Uniform Standards Code For Factory-Built Homes Law. (10/16/2009) › Rule 19-7-5.02 - Administration › Section 19-7-5.02.2 - Factory-Built Home Installation Inspection Program › Section 19-7-5.02.2.4 - Installation Inspection Requirements

Current through June 25, 2024
A. Beginning July
					 1, 2009, every Factory-Built home that is sited within the State of Mississippi
					 shall be subject to inspection under the MS Inspection Program prior to
					 occupation. Said inspection shall be conducted by an inspector assigned by the
					 State Fire Marshal's Office to verify that the installation of the
					 Factory-Built home meets the MS Installation Standards.
B. Furthermore, each retailer/developer
					 and/or installer/transporter shall certify, by submitting a Certificate of
					 Inspection Form to the State Fire Marshal's Office indicating that they have
					 installed said Factory-Built home in accordance with the requirements set forth
					 by the MS Installation Standards and this Regulation.
Miss. Code Ann.
						§
												75-49-1,
						et seq.; §
												75-49-11
						(Supp. 2015).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 5 - (MH-5) Uniform Standards Code For Factory-Built Homes Law. (10/16/2009) › Rule 19-7-5.02 - Administration › Section 19-7-5.02.3 - Installation Inspection Procedure › Section 19-7-5.02.3-1 - Scheduling of the Inspection

Current through June 25, 2024
A. For all new or
					 used residential Factory-Built homes involving a retailer, the retailer is
					 required within three (3) business days of the completion of the installation,
					 minus skirting, to submit by email, facsimile, or priority mail, a properly
					 completed and signed Property Locator/Certificate of Installation to the
					 Factory-Built Home Division of the State Fire Marshal's Office. This will
					 provide information on the exact location where the home has been installed.
B. For secondary sitings not
					 involving a retailer, the installer/transporter is required to submit within
					 three (3) business days of the completion of the installation, minus skirting,
					 by e-mail, facsimile, or priority mail, the properly completed and signed
					 Property Locator/Certificate of Installation to the Factory-Built Home Division
					 of the State Fire Marshal's Office, for
all
Factory-Built homes.
					 This will provide information on the exact location of the home and when the
					 home has been installed.
Miss. Code Ann.
						§§
												75-49-5;
						75-49-9; 75-49-11 (Supp. 2015).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 5 - (MH-5) Uniform Standards Code For Factory-Built Homes Law. (10/16/2009) › Rule 19-7-5.02 - Administration › Section 19-7-5.02.3 - Installation Inspection Procedure › Section 19-7-5.02.3.2 - Inspection Fees

Current through June 25, 2024
The State Fire Marshal has set a reasonable standard
						fee, which shall not be more than an amount allowed by HUD, for said
						inspection. The fee shall be paid by the installer/transporter, developer, or
						retailer. The State Fire Marshal will not charge the fee to the purchaser of
						the Factory-Built home. Inspection fee invoices shall be sent to the
						installer/transporter upon receipt of the Property Locator/Certificate of
						Installation. The payment for the inspection fees, including the remittance
						portion of the invoices, shall be promptly returned to the State Fire Marshal's
						Office. Failure to submit payment of the inspection fee invoices within 45 days
						from the date on the invoice shall be considered a violation of this
						regulation.
Miss. Code Ann.
						§§
												75-49-5;
						75-49-9; 75-49-11 (Supp. 2015).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 5 - (MH-5) Uniform Standards Code For Factory-Built Homes Law. (10/16/2009) › Rule 19-7-5.02 - Administration › Section 19-7-5.02.3 - Installation Inspection Procedure › Section 19-7-5.02.3.3 - Contract Rights Not Affected

Current through June 25, 2024
Failure to arrange for an inspection of a home within
						three (3) business days of the completed installation will not affect the
						validity or enforceability of any sale or contract for the sale of any
						Factory-Built home.
Miss. Code Ann.
						§§
												75-49-5;
						75-49-9; 75-49-11 (Supp. 2015).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 5 - (MH-5) Uniform Standards Code For Factory-Built Homes Law. (10/16/2009) › Rule 19-7-5.02 - Administration › Section 19-7-5.02.3 - Installation Inspection Procedure › Section 19-7-5.02.3.4 - State and Local Permits

Current through June 25, 2024
All necessary permit requirements under state law shall
						be obtained prior to installation.
Miss. Code Ann.
						§§
												75-49-5;
						75-49-9; 75-49-11 (Supp. 2015).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 5 - (MH-5) Uniform Standards Code For Factory-Built Homes Law. (10/16/2009) › Rule 19-7-5.02 - Administration › Section 19-7-5.02.4 - Certification of Installation › Section 19-7-5.02.4.1 - Certificate of Inspection

Current through June 25, 2024
When the installation work is complete, the retailer
						and/or installer/transporter shall certify by signature at the bottom of the
						Property Locator/Certificate of Installation, devised for reprint purposes,
						that:
A. The Factory-Built home has
					 been installed in accordance with:
1. An
					 installation design and instructions that have been provided by the
					 manufacturer and approved by the Secretary for Housing and Urban Development
					 directly or through review by the DAPIA; or,
2. An installation design and instructions
					 that have been prepared and certified by a professional engineer or registered
					 architect, that have been approved by the manufacturer and the DAPIA as
					 providing a level of protection for residents of the home that equals or
					 exceeds the protection provided by MH-5, as amended.
3. If the installation instructions do not
					 comply with the installation standards, the manufacturer is responsible for any
					 aspect of installation that is completed in accordance with the installation
					 instructions and that does not comply with the installation standards.
4. If a Factory-Built home is
					 classified as "used" and the manufacturer instructions cannot be located, the
					 installer/transporter shall comply with the provisions of this regulation, as
					 amended, in installing the Factory-Built home.
5. Upon completion of the inspection, where
					 the inspector has verified the installation as proper and has passed the home,
					 a signed Certificate of Inspection will be sent to the homeowner and to the
					 installer/transporter and to the retailer when applicable. This certificate is
					 verification that the installation of the home has passed a final inspection.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 5 - (MH-5) Uniform Standards Code For Factory-Built Homes Law. (10/16/2009) › Rule 19-7-5.02 - Administration › Section 19-7-5.02.4 - Certification of Installation › Section 19-7-5.02.4.2 - Procedures for Re-inspection Upon Failure to Pass

Current through June 25, 2024
A. If the proper installation of the
					 Factory-Built home cannot be confirmed at the time of the inspection, the
					 inspector must notify the company performing the installation of any failures
					 to comply with the installation standards and provide a written explanation
					 (letter and affidavit) with the reasons why the inspector cannot approve the
					 installation. If the installation is a secondary move the installer/transporter
					 will receive the letter and affidavit. The responsible person shall have twenty
					 (20) calendar days, from the date of the letter and affidavit, to correct the
					 defects found during the inspection and return the signed and notarized
					 affidavit to the State Fire Marshal's Office indicating that all the listed
					 defects have been corrected. After the installation is corrected and the
					 notarized affidavit has been returned, the installation may be re-inspected by
					 an inspector before verification can be issued. Submission of a signed and
					 notarized affidavit by a manufacturer, developer, retailer or
					 installer/transporter that are not factually correct are considered to be a
					 violation of
Miss. Code Ann.
§
											97-7-10.
B. If the manufacturer, developer
					 or retailer retains the installer/transporter, they are jointly and severally
					 responsible with the installer/transporter for correcting installation defects.
					 Upon failure to pass the re-inspection of the installation, the manufacturer,
					 developer, and/or retailer will be notified that the installer/transporter has
					 failed to correct the defects.
Miss. Code Ann.
						§§
												97-7-10;
						75-49-7(2); 75-49-19; 75-49-11; 75-49-1 et seq. (Supp.
						2013).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 5 - (MH-5) Uniform Standards Code For Factory-Built Homes Law. (10/16/2009) › Rule 19-7-5.02 - Administration › Section 19-7-5.02.4 - Certification of Installation › Section 19-7-5.02.4.3 - Cost of Re-inspection

Current through June 25, 2024
A failed installation will require a re-inspection
						following the correction of the identified defects and may be assessed a
						re-inspection fee. The cost of that re-inspection will be paid by the
						installer/transporter or, if the installer/transporter was retained by the
						manufacturer, developer or retailer, by that individual or entity and, absent a
						written agreement with the purchaser that specifically states otherwise, that
						cost cannot be charged to the purchaser of the Factory-Built home. The
						re-inspection fee shall be reasonable and shall not exceed the cost of the
						original inspection fee.
Miss. Code Ann.
						§§
												97-7-10;
						75-49-7(2); 75-49-19; 75-49-11; 75-49-1 et seq. (Supp.
						2013).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 5 - (MH-5) Uniform Standards Code For Factory-Built Homes Law. (10/16/2009) › Rule 19-7-5.02 - Administration › Section 19-7-5.02.4 - Certification of Installation › Section 19-7-5.02.4.4 - Scheduling of Re-inspection

Current through June 25, 2024
Within three (3) business days following completion of
						all work to correct the installation deficiencies, the installer/transporter
						must contact the Fire Marshal's Office to arrange for the re-inspection of the
						home installation site. Such inspection shall be performed as soon as
						practicable by an inspector.
Miss. Code Ann.
						§§
												97-7-10;
						75-49-7(2); 75-49-19; 75-49-11; 75-49-1 et seq. (Supp.
						2013).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 5 - (MH-5) Uniform Standards Code For Factory-Built Homes Law. (10/16/2009) › Rule 19-7-5.02 - Administration › Section 19-7-5.02.4 - Certification of Installation › Section 19-7-5.02.4.5 - Inspection Decal

Current through June 25, 2024
A. Upon passing the
					 final inspection, the inspector shall permanently attach a color-coded serial
					 numbered inspection decal near the HUD label on new or used Factory-Built homes
					 built after June 1976, and opposite the hitch-end of Factory-Built homes built
					 prior to or on June 1976, as proof that the Factory-Built home installation
					 meets the MS Installation Standards as set forth in this regulation.
B. The State Fire Marshal's Office will
					 supply inspection decals to each inspector. Each decal will have spaces for the
					 inspector to write in the homeowner's name, date of inspection and the
					 installer/transporter's license number, and will bear the following statement:
THIS MANUFACTURED, MOBILE OR MODULAR HOME HAS BEEN
						INSTALLED IN COMPLIANCE WITH THE UNIFORM STANDARDS CODE FOR THE FACTORY-BUILT
						HOMES LAW. ANYONE TAMPERING WITH OR REMOVING THIS INSPECTION DECAL FROM THIS
						UNIT WILL BE PROSECUTED AS SET FORTH IN THESE RULES AND REGULATIONS, AND SHALL
						BE SUBJECT TO SUSPENSION OR REVOCATION OF THEIR PRIVILEGE LICENSE. (SECTION
						75-49-1 ET
						SEQ., CODE OF MISSISSIPPI (1972), AS AMENDED)
Miss. Code Ann.
						§§
												97-7-10;
						75-49-7(2); 75-49-19; 75-49-11; 75-49-1 et seq. (Supp.
						2013).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 5 - (MH-5) Uniform Standards Code For Factory-Built Homes Law. (10/16/2009) › Rule 19-7-5.02 - Administration › Section 19-7-5.02.4 - Certification of Installation › Section 19-7-5.02.4.6 - Inspector Qualifications

Current through June 25, 2024
Any person who is a Deputy State Fire Marshal may
						conduct inspections pursuant to this Regulation. Furthermore, the State Fire
						Marshal's Office may designate and authorize persons or entities to conduct
						these inspections provided they meet the following qualifications.
A. Any individual or entity who meets at
					 least one of the following qualifications may be designated or authorized by
					 the State Fire Marshal to review the work and verify the installation of a
					 Factory-Built home:
1. A professional
					 engineer;
2. A registered
					 architect;
3. A HUD-accepted
					 Production Inspection Primary Inspection Agency (IPIA) or a Design Approval
					 Primary Inspection Agency (DAPIA);
4. An International Code Council certified
					 inspector; or
5. Any person or
					 entity who has three (3) years or more experience in inspecting homes or
					 experience in the Factory-Built home industry provided the Commissioner finds
					 to his satisfaction that said person or entity is qualified and competent to
					 fulfill the responsibilities of an inspector.
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 5 - (MH-5) Uniform Standards Code For Factory-Built Homes Law. (10/16/2009) › Rule 19-7-5.02 - Administration › Section 19-7-5.02.4 - Certification of Installation › Section 19-7-5.02.4.7 - Verification of Installer/Transporter License

Current through June 25, 2024
If the retailer, developer or manufacturer agrees to
						provide any transportation and/or set up in connection with the sale of a
						Factory-Built home, the retailer/developer or manufacturer must verify with the
						Mississippi State Fire Marshal's Office that the installer/transporter is
						licensed pursuant to
Miss. Code Ann.
§
											75-49-9.
						The retailer/developer and or manufacturer shall forward a copy of the current
						license and the signed contract with each installer/transporter to the Division
						office.
Miss. Code Ann.
						§§
												97-7-10;
						75-49-7(2); 75-49-19; 75-49-11; 75-49-1 et seq. (Supp.
						2013).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 5 - (MH-5) Uniform Standards Code For Factory-Built Homes Law. (10/16/2009) › Rule 19-7-5.02 - Administration › Section 19-7-5.02.4 - Certification of Installation › Section 19-7-5.02.4.8 - Site Preparation by Homeowner

Current through June 25, 2024
The manufacturer, retailer, developer or
						installer/transporter may agree in writing to allow the consumer to conduct the
						site preparation for the Factory-Built home installation. However, before the
						installer/transporter may begin installation of the Factory-Built home, the
						site preparation must meet the requirements set forth in MH-5, as amended. If
						there is conflict between the installer/transporter and the consumer regarding
						the site preparation, the State Fire Marshal's Office may be required to
						mediate. Any fee charged by the State Fire Marshal's Office due to said
						mediation will be paid by the consumer.
Miss. Code Ann.
						§§
												97-7-10;
						75-49-7(2); 75-49-19; 75-49-11; 75-49-1 et seq. (Supp.
						2013).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 5 - (MH-5) Uniform Standards Code For Factory-Built Homes Law. (10/16/2009) › Rule 19-7-5.02 - Administration › Section 19-7-5.02.4 - Certification of Installation › Section 19-7-5.02.4.9 - Waiver of Rights Invalid

Current through June 25, 2024
Any provision of a contract or agreement entered into by
						a Factory-Built home purchaser that seeks to waive any recourse under the MS
						Installation Program is void, except a waiver provision may be allowed for any
						agreement entered into pursuant to the provisions of Rule
						5.02.4 -8 of this
						Regulation.
Miss. Code Ann.
						§§
												97-7-10;
						75-49-7(2); 75-49-19; 75-49-11; 75-49-1 et seq. (Supp.
						2013).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 5 - (MH-5) Uniform Standards Code For Factory-Built Homes Law. (10/16/2009) › Rule 19-7-5.02 - Administration › Section 19-7-5.02.4 - Certification of Installation › Section 19-7-5.02.4.10 - Violations and Penalties

Current through June 25, 2024
Failure of a retailer/developer or installer/transporter
						or both to comply with a material provision of this Regulation is considered a
						violation of
Miss. Code Ann.
§
											75-49-7(2).
						The State Fire Marshal may deny a license application or suspend or revoke a
						license, or may impose an administrative fine, or both as provided in
Miss. Code Ann.
§
											75-49-19,
						after giving notice of hearing to the applicant or licensee by serving a
						written statement of charges on the licensee at least twenty (20) days prior to
						hearing, in the manner provided for in
Miss. Code Ann.
§
											75-49-13 for
						any violation of this Regulation.
Miss. Code Ann.
						§§
												97-7-10;
						75-49-7(2); 75-49-19; 75-49-11; 75-49-1 et seq. (Supp.
						2013).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 5 - (MH-5) Uniform Standards Code For Factory-Built Homes Law. (10/16/2009) › Rule 19-7-5.02 - Administration › Section 19-7-5.02.5 - License Exceptions

Current through June 25, 2024
Pursuant to
Miss. Code Ann.
§
										75-49-5,
					 the following entities or individuals are not required to have a privilege
					 license:
A. An individual relocating
				  and installing a Factory-Built home only within the boundaries of their
				  personal property (defined as "Self-Set"), is the owner thereof, or the
				  Factory-Built home is owned by a member of the individual's family, and the
				  home is not intended for sale, exchange, or lease. Further, the installation of
				  the home must meet the requirements set forth in this Regulation pertaining to
				  the proper anchoring and blocking of the Factory-Built home. Any transportation
				  of the home by an unlicensed individual upon a public right of way from another
				  property not directly adjoining the destination property shall constitute a
				  direct violation of this Regulation. The transportation of any Factory-Built
				  home upon a public right of way shall require a licensed installer/transporter
				  to provide this service.
B. An
				  individual performing maintenance, repairs, or corrections to an installation
				  for the purpose of customer service on behalf of manufacturers, retailers or
				  developers;
C. A transporter that
				  conducts interstate transport through the State of Mississippi for
				  manufacturers, retailers or developers and does not deliver to and/or install
				  at home sites intended for human habitation.
Miss. Code Ann.
					 §
											75-49-5
					 (Supp. 2015).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 5 - (MH-5) Uniform Standards Code For Factory-Built Homes Law. (10/16/2009) › Rule 19-7-5.02 - Administration › Section 19-7-5.02.6 - Manufacturer Qualifications for License

Current through June 25, 2024
A. All manufacturer
				  applicants shall certify in the application that they will fully comply with 24
				  CFR 3280 and CFR 3282 of the National Manufactured Home Construction Safety
				  Standards Act of 1974, (42 U.S.C.S. 5401 et seq.) and as amended by the
				  Manufactured Housing Improvement Act of 2000, set forth pursuant to
Miss. Code Ann.
§
										75-49-5
				  and
				  75-49-11.
B. All manufacturers of modular
				  homes shall certify in the application that they will fully comply with the
				  Title 19, Part 7, Chapter 3 (ME-2007-3) Rules and Regulations for The Uniform
				  Standards Code for the Factory-Built Homes Law as Related to Modular Homes.
Miss. Code Ann.
					 §§
											75-49-5;
					 75-49-11 (Supp. 2015).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 5 - (MH-5) Uniform Standards Code For Factory-Built Homes Law. (10/16/2009) › Rule 19-7-5.02 - Administration › Section 19-7-5.02.7 - Retailer Qualifications for License › Section 19-7-5.02.7.2 - Safeguarding the Public Interest

Current through June 25, 2024
A retailer or developer may be required to demonstrate
						to the Commissioner that he has a good general knowledge of and will comply
						with the requirements of the National Manufactured Home Construction and Safety
						Standards Act of 1974, (42 U.S.C.S. 5401 et seq.), as amended, and as amended
						by the Manufactured Housing Improvement Act of 2000 and the rules and
						regulations promulgated by the Department of Insurance for the State of
						Mississippi and by the Department of Housing and Urban Development as they
						pertain to the responsibilities of a retailer to properly safeguard the public
						interest. No retailer or developer shall make use of transportation affecting
						interstate or foreign commerce or the mails to sell, lease, or offer for sale
						or lease in the State of Mississippi any Factory-Built home not in conformity
						with the aforesaid standards unless the developer or retailer, acting as a
						reasonable developer or retailer, does not know that the Factory-Built home
						does not conform to applicable standards. This prohibition of sale applies to
						any affected Factory-Built homes until the completion of the entire sales
						transaction.
A sales transaction with a purchaser is considered completed
						when all the goods and services, that the retailer has agreed to provide at the
						time the contract was entered into, have been provided
. Completion of a
						retail sale will be at the time the retailer completes setup of the
						Factory-Built home if the retailer has agreed to provide setup. If the retailer
						has not agreed to transport or setup the Factory-Built home, this prohibition
						of sale does not apply.
Miss. Code Ann.
						§§
												75-49-5;
						75-49-11 (Supp. 2015).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 5 - (MH-5) Uniform Standards Code For Factory-Built Homes Law. (10/16/2009) › Rule 19-7-5.02 - Administration › Section 19-7-5.02.7 - Retailer Qualifications for License › Section 19-7-5.02.7.3 - Retail Sales with In-house Transport and Installation Staff

Current through June 25, 2024
A retailer that employs their own Factory-Built home
						transport and installation staff is authorized, under their retail license, to
						transport and install homes that are for sale at their retail location. Any
						transportation and installation of homes for sale by another licensed
						retailer/developer or for persons contracting for hire the transportation and
						installation of their personal home shall be considered as an
						installer/transporter, as defined in Rule
						5.01.2(U), and
						requires the retailer to apply for and obtain a separate installer/transporter
						license.
Miss. Code Ann.
						§§
												75-49-5;
						75-49-11 (Supp. 2015).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 5 - (MH-5) Uniform Standards Code For Factory-Built Homes Law. (10/16/2009) › Rule 19-7-5.02 - Administration › Section 19-7-5.02.7 - Retailer Qualifications for License › Section 19-7-5.02.7.4 - Training Requirements

Current through June 25, 2024
A. The retailer
					 shall ensure that within one (1) year of employment, all sales staff will
					 attend eight (8) hours training and thereafter, attend eight (8) hours training
					 every three (3) years to be approved and/or provided by the Factory-Built Home
					 Division. (Display current training certificates of all sales staff at the
					 retailer's current business location.) The employer of sales staff is
					 responsible for submitting in writing to the Factory-Built Home Division a list
					 of all sales staff and their date of employment.
B. A retailer that employs their own
					 installation staff shall ensure that within six (6) months of employment all
					 the installation staff will attend an introductory eight (8) hour training
					 seminar and thereafter, attend eight (8) hours training each year provided by
					 the Factory- Built Home Division. The employer of the installation staff is
					 responsible for submitting in writing to the Factory-Built Home Division a list
					 of all the installation staff and their date of employment, which is due at the
					 time of license renewal.
C. With
					 the submittal of the annual renewal application, all copies of approved
					 certificates of training shall be submitted by the retailer license holder for
					 themselves, their sales staff and installation staff to the Factory-Built Home
					 Division and affirmation in writing, as required by the Division, as having
					 three (3) Factory-Built homes on retail lot.
Miss. Code Ann.
						§§
												75-49-5;
						75-49-11 (Supp. 2015).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 5 - (MH-5) Uniform Standards Code For Factory-Built Homes Law. (10/16/2009) › Rule 19-7-5.02 - Administration › Section 19-7-5.02.7 - Retailer Qualifications for License › Section 19-7-5.02.7.5 - Vehicle Decals

Current through June 25, 2024
With the submittal of the annual renewal application, it
						shall be the responsibility of each licensed retailer to request in writing the
						number of truck decals needed for their transporter (toter) vehicles. Current
						vehicle decals will be issued by the State Fire Marshal's Office/Factory-Built
						Home Division, based upon the number requested by the licensee at time of
						license renewal. The request must also include the vehicle VIN numbers and the
						vehicle license numbers for each of the transport trucks to which the decals
						will be attached. The color of the decals shall denote the current licensing
						period. A decal is to be placed on the driver and passenger doors of each
						transporter vehicle. Escort vehicles are not required to have decals.
Miss. Code Ann.
						§§
												75-49-5;
						75-49-11 (Supp. 2015).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 5 - (MH-5) Uniform Standards Code For Factory-Built Homes Law. (10/16/2009) › Rule 19-7-5.02 - Administration › Section 19-7-5.02.7 - Retailer Qualifications for License › Section 19-7-5.02.7.6 - Retail Lot Display and Temporary Storage

Current through June 25, 2024
A. All
					 Factory-Built homes displayed or stored on a retail lot for periods longer than
					 30 days shall be stabilized as described below and to such a degree as to not
					 allow damage to occur while the home is present on the lot.
B. All new Factory-Built homes at the retail
					 location shall be temporarily blocked as required in the "Display and Storage
					 Instructions of the Home" section of the manufacturer's installation manual.
C. For all used Factory-Built
					 homes at a retail location, piers shall consist of a minimum of three (3) piers
					 and are to be located under each I-beam, one at each end of the home and one in
					 front of each axle area. The piers shall be located no further than 2 feet from
					 each end and approximately at the center of the home.
D. For all used multi-section Factory-Built
					 homes at a retail location, any opening within the marriage wall greater than
					 48 inches shall have a pier installed at each side of the opening.
E. For all used homes at a retail location,
					 door and window openings greater than 48 inches shall have a pier installed at
					 each side of the opening.
Miss. Code Ann.
						§§
												75-49-5;
						75-49-11 (Supp. 2015).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 5 - (MH-5) Uniform Standards Code For Factory-Built Homes Law. (10/16/2009) › Rule 19-7-5.02 - Administration › Section 19-7-5.02.7 - Retailer Qualifications for License › Section 19-7-5.02.7.7 - Inspection of Retail Lot Units and Records

Current through June 25, 2024
A. Upon
					 request of the State Fire Marshal Deputy, while conducting a regularly
					 scheduled lot inspection, all licensed retail lot owners shall be required to
					 provide documentation or records for each of the new and used homes present.
					 The documentation for each home shall include the identifying numbers (HUD
					 numbers and Serial Numbers) and a delivery invoice indicating the date that the
					 home was delivered to the retail lot location.
B. All homes on the retail lot that have been
					 on display and/or stored for longer than 30 days and that have been found not
					 to be properly stabilized as described above shall be marked with a
					 "Non-Compliance" tag. The tag will remain attached to the unit until such time
					 as it has been properly stabilized. If the home is a new home, a damage
					 assessment shall be conducted by the manufacturer of the home and a letter on
					 the findings shall be filed with the retailer's files on the home and with the
					 State Fire Marshal's Office. The "Non- Compliance" tag may only be removed by
					 the State Fire Marshal's Office at such time of notification that the home has
					 been properly stabilized and that a damage assessment has been complete.
Miss. Code Ann.
						§§
												75-49-5;
						75-49-11 (Supp. 2015).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 5 - (MH-5) Uniform Standards Code For Factory-Built Homes Law. (10/16/2009) › Rule 19-7-5.02 - Administration › Section 19-7-5.02.8 - Developer Qualifications for License › Section 19-7-5.02.8.1 - Safeguarding the Public Interest

Current through June 25, 2024
A retailer or developer may be required to demonstrate
						to the Commissioner that he has a good general knowledge of and will comply
						with the requirements of the National Manufactured Home Construction and Safety
						Standards Act of 1974, (42 U.S.C.S. 5401 et seq.), as amended, and as amended
						by the Manufactured Housing Improvement Act of 2000 and the rules and
						regulations promulgated by the Department of Insurance for the State of
						Mississippi and by the Department of Housing and Urban Development as they
						pertain to the responsibilities of a retailer to properly safeguard the public
						interest. No retailer or developer shall make use of transportation affecting
						interstate or foreign commerce or the mails to sell, lease, or offer for sale
						or lease in the State of Mississippi any Factory-Built home not in conformity
						with the aforesaid standards unless the developer or retailer, acting as a
						reasonable developer or retailer, does not know that the Factory-Built home
						does not conform to applicable standards. This prohibition of sale applies to
						any affected Factory-Built homes until the completion of the entire sales
						transaction.
A sales transaction with a purchaser is considered completed
						when all the goods and services, that the retailer has agreed to provide at the
						time the contract was entered into, have been provided
. Completion of a
						retail sale will be at the time the retailer completes setup of the
						Factory-Built home if the retailer has agreed to provide setup. If the retailer
						has not agreed to transport or setup the Factory-Built home, this prohibition
						of sale does not apply.
Miss. Code Ann.
						§§
												75-49-5;
						75-49-11 (Supp. 2015).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 5 - (MH-5) Uniform Standards Code For Factory-Built Homes Law. (10/16/2009) › Rule 19-7-5.02 - Administration › Section 19-7-5.02.8 - Developer Qualifications for License › Section 19-7-5.02.8.2 - Developer Sales with In-house Transport and Installation Staff

Current through June 25, 2024
A developer that employs their own Factory-Built home
						transport and installation staff is authorized, under their developer license,
						to transport and install homes that are for sale at their development location.
						Any transportation and installation of homes for sale by another licensed
						retailer/developer or for persons contracting for hire the transportation and
						installation of their personal home shall be considered as an
						installer/transporter, as defined in Rule
						5.01.2(U), and
						requires the developer to apply for and obtain a separate installer/transporter
						license.
Miss. Code Ann.
						§§
												75-49-5;
						75-49-11 (Supp. 2015).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 5 - (MH-5) Uniform Standards Code For Factory-Built Homes Law. (10/16/2009) › Rule 19-7-5.02 - Administration › Section 19-7-5.02.8 - Developer Qualifications for License › Section 19-7-5.02.8.3 - Training Requirements

Current through June 25, 2024
A. The developer
					 shall ensure that within one (1) year of employment, all sales staff will
					 attend eight (8) hours training, and thereafter, attend eight (8) hours
					 training every three (3) years to be approved and/or provided by the
					 Factory-Built Home Division. (Display current training certificates of all
					 sales staff at the developer's current business location.) The employer is
					 responsible for submitting in writing to the Factory-Built Home Division a list
					 of all sales staff and their date of employment, which is due at the time of
					 license renewal.
B. A developer
					 that employs their own installation staff shall ensure that within six (6)
					 months of employment all the installation staff will attend an introductory
					 eight (8) hour training seminar and thereafter, attend eight (8) hours training
					 each year provided by the Factory-Built Home Division. The employer of the
					 installation staff is responsible for submitting in writing to the
					 Factory-Built Home Division a list of all the installation staff, copies of
					 training certificates and their date of employment. Restrictions of a
					 developer's installation staff for conducting transport and installation of
					 homes are the same as those listed in Rule
					 5.02.7 -3 for retailers with
					 in-house installation staff.
C.
					 With the submittal of the annual renewal application, all copies of approved
					 certificates of training shall be submitted by the developer license holder,
					 for their sales staff and their installation staff, to the Factory-Built Home
					 Division and affirmation in writing, as required by the Division, as having
					 five (5) Factory-Built home sites available.
Miss. Code Ann.
						§§
												75-49-5;
						75-49-11 (Supp. 2015).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 5 - (MH-5) Uniform Standards Code For Factory-Built Homes Law. (10/16/2009) › Rule 19-7-5.02 - Administration › Section 19-7-5.02.8 - Developer Qualifications for License › Section 19-7-5.02.8.4 - Vehicle Decals

Current through June 25, 2024
With annual renewal application, it shall be the
						responsibility of each developer to request in writing the number of truck
						decals needed for their transporter (toter) vehicles. Current vehicle decals
						will be issued by the State Fire Marshal's Office/Factory-Built Home Division,
						based upon the number requested by the licensee at time of license renewal. The
						request must also include the vehicle VIN numbers and the vehicle license
						numbers for each of the transport truck to which the decals will be attached.
						The color of the decals shall denote the current licensing period. A decal is
						to be placed on the driver and passenger doors of each transporter vehicle.
						Escort vehicles are not required to have decals.
Miss. Code Ann.
						§§
												75-49-5;
						75-49-11 (Supp. 2015).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 5 - (MH-5) Uniform Standards Code For Factory-Built Homes Law. (10/16/2009) › Rule 19-7-5.02 - Administration › Section 19-7-5.02.9 - Installer/transporter Qualification for License › Section 19-7-5.02.9.1 - Safeguarding the Public Interest

Current through June 25, 2024
Each applicant for an installer/transporter license
						shall demonstrate to the Commissioner that he has a good general knowledge of
						and will comply with the requirements of the National Manufactured Home
						Construction and Safety Standards Act of 1974, (42 U.S.C.S. 5401 et seq.), as
						amended, and the Manufactured Housing Improvement Act of 2000, and the rules
						and regulations promulgated by the Department of Housing and Urban Development
						as they pertain to the responsibilities of installers or transporters to
						properly safeguard the public interest.
Miss. Code Ann.
						§§
												75-49-5;
						75-49-11 (Supp. 2015).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 5 - (MH-5) Uniform Standards Code For Factory-Built Homes Law. (10/16/2009) › Rule 19-7-5.02 - Administration › Section 19-7-5.02.9 - Installer/transporter Qualification for License › Section 19-7-5.02.9.2 - State and Local Compliance Requirements

Current through June 25, 2024
Each applicant for an installer/transporter license
						shall demonstrate to the Commissioner that he is in full compliance with the
						Mississippi Department of Transportation (MDOT) and any local requirements
						pertaining to the transportation of Factory-Built homes.
Miss. Code Ann.
						§§
												75-49-5;
						75-49-11 (Supp. 2015).
Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 5 - (MH-5) Uniform Standards Code For Factory-Built Homes Law. (10/16/2009) › Rule 19-7-5.02 - Administration › Section 19-7-5.02.9 - Installer/transporter Qualification for License › Section 19-7-5.02.9.3 - Training Requirements

Current through June 25, 2024
A. Each applicant
					 for an installer/transporter license shall demonstrate to the Commissioner that
the licensee and all employees
engaged in installation/set-up will
					 attend eight (8) hours of training per licensing year (July 1 to June 30) as
					 provided by, approved by, or recommended by the Factory-Built Home Division of
					 the State Fire Marshal's Office. The Commissioner of Insurance or the State
					 Chief Deputy Fire Marshal may at his discretion consent to reciprocity for
					 training of licensees with other states that has established training programs
					 that meet or exceed the National Manufactured Home Construction and Safety
					 Standards Act or State of Mississippi requirements of this chapter. The
					 licensee is responsible for submitting in writing to the Factory-Built Home
					 Division a list of all employees, copies of training certificates and their
					 date of employment, which is due at the time of license renewal.
B. Each applicant for an
					 installer/transporter license shall demonstrate to the Commissioner that he has
					 passed a written examination (passing score of 70 or above) provided by the
					 Commissioner or by a testing service acting on behalf of the Commissioner to
					 establish an applicant's knowledge related to the rules and regulations and
					 administration relative to Factory-Built homes in the State of Mississippi and
					 questions specifically related to the practical installation (anchoring,
					 blocking, and tie-down) of Factory-Built homes in this state.
C. Each applicant for an
					 installer/transporter license shall demonstrate to the Commissioner that he has
					 obtained his approved eight (8) hour installation and set-up training
					 certificate to the Factory-Built Home Division pursuant to the Manufactured
					 Housing Improvement Act of 2000.
D. All installer/transporters and employees
					 who install new or used Factory-Built homes or modular homes shall be required
					 to maintain a copy of their recent training certificate or a currently valid ID
					 card in all trucks (toters) or on their person and be able to produce such
					 document upon demand by a Deputy State Fire Marshal.
E. All installer/transporters who install new
					 or used Factory-Built homes or modular homes shall, at all times, be required
					 to have a minimum of one employee on the installation crew who has completed
					 the annual training requirement and that said person is in possession of a
					 currently valid ID card.
Miss. Code Ann.
						§§
												75-49-5;
						75-49-11 (Supp. 2015).