Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part V - Fire Protection › Chapter 5 - Manufactured and Modular Housing › Subchapter A - General Requirements › Section V-507 - Handling of Consumer Complaints

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  All complaints concerning units constructed in compliance with the National
				  Manufactured Housing Construction and Safety Standards Act of 1974 shall be
				  handled in compliance with Subpart I of the federal regulations established
				  pursuant to the Act.
1. Upon receipt of a
				  consumer complaint or other information indicating the possible existence of a
				  failure to conform or imminent safety hazard, the state fire marshal will
				  review the complaint or information to determine where the home was
				  manufactured and if a problem exists. All complaints shall be referred to the
				  manufacturer or retailer if a problem is indicated. When there is information
				  to indicate that homes with the same failure to conform, or imminent safety
				  hazard may have been manufactured in more than one state, the complaint will
				  simultaneously be forwarded to HUD and the home manufacturer.
2. Where the complaint is forwarded to the
				  manufacturer, the manufacturer will be requested, in writing, to investigate
				  the complaint within 20 days of receipt of the complaint and make a report to
				  the state fire marshal. In the event that it appears from the complaint that an
				  imminent safety hazard exists, the state fire marshal will simultaneously
				  contact the manufacturer by telephone and make its own investigation in
				  addition to forwarding the complaint, in writing, in an effort to expedite
				  investigation and any necessary correction by the manufacturer.
3. Where the manufacturer has determined and
				  reports that no imminent safety hazard, serious defect, defect, or
				  noncompliance exists and the state fire marshal is able to concur from all
				  available information, he will consider the complaint closed and so inform the
				  manufacturer and complainants; however, if the state fire marshal is unable to
				  concur with the manufacturer's report, he will make an investigation and within
				  10 days of receipt of the manufacturer's report shall inform the manufacturer
				  of the results of the investigation. If it is found that the manufacturer's
				  report was correct, the state fire marshal will consider the matter
				  closed.
4. Where, upon
				  investigation, the state fire marshal determines that an imminent safety
				  hazard, serious defect, defect or noncompliance may exist, he or his designated
				  representative will notify the manufacturer to take necessary action. Where the
				  manufacturer does not take action after notification by the state fire marshal
				  and it appears that an imminent safety hazard or serious defect may exist, the
				  state fire marshal will inform the manufacturer of its opinion and
				  simultaneously forward to HUD documentation of the factual basis upon which
				  such opinion was made, for administrative determination by HUD, pursuant to  24 CFR Section 3282.407 (a). Where the manufacturer does not take action after
				  notification by the state fire marshal, and it appears that a defect or
				  noncompliance may exist, the manufacturer will be notified. The notice shall be
				  sent to the manufacturer by certified mail and will include:
a. the preliminary determination by the state
				  fire marshal;
b. the factual basis
				  for the determination;
c. the date
				  on which the determination was made;
d. the identifying criteria of the
				  manufactured homes known to be affected;
e. notice to the manufacturer that a hearing
				  or presentation of views may be requested, pursuant to 24 CFR Part 3282,
				  Subpart D, to establish that there is no such defect or
				  noncompliance;
f. notice to the
				  manufacturer that the preliminary determination of defect or noncompliance
				  shall become final unless the manufacturer responds within 15 days after
				  receipt of such notice and requests a hearing or presentation of views to rebut
				  the state fire marshal's determination;
g. notice to the manufacturer that any
				  information upon which the determination has been based, such as test results,
				  records of inspection, etc., shall be available for inspection by the
				  manufacturer.
5. Where
				  the manufacturer requests a hearing or presentation of views, one shall be
				  promptly provided in accordance with the procedures outlined in the
				  Administrative Procedure Act,
				  R.S.
				  49:950 et seq.
6. Where the manufacturer fails to respond to
				  the notice of preliminary determination or if the state fire marshal's
				  inspector decides that the views and evidence presented by the manufacturer are
				  insufficient to rebut the preliminary determination, the state fire marshal may
				  make a final determination that a defect or noncompliance exists and will
				  notify the manufacturer to make a notification and submit a plan in accordance
				  with
				  24 CFR Section
				  3282.409. Within 10 days after receipt of the
				  notice of final determination, the manufacturer may appeal to the secretary of
				  the United States Department of Housing and Urban Development.
7. The manufacturer's plan for notification
				  and correction, including contents of notice, time for implementation and
				  completion of acts and reports, shall be made in accordance with the provisions
				  of  24 CFR Section 3282.409  When the manufactured home is in the hands of a
				  distributor or retailers, it shall be handled in accordance with  24 CFR Section 3282.414
8. The state fire marshal
				  shall be responsible through oversight and remedial actions that the provisions
				  of    24 CFR Part 3282, Subpart I, are carried out and may make inspections of any
				  manufacturer corrections to assure compliance with 24 CFR Part 3282, Subpart
				  I.