reglab/statecodes huggingface dataset:
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 830 - LICENSURE OF MANUFACTURED HOUSING COMMUNITIES › Section 385-830-1 - Initial Licensure

Current through 2024-29, July 17, 2024
1.
Overview
An applicant for an initial license to conduct, control,
				  manage or operate a manufactured housing community shall submit an application
				  to the Board on forms prescribed by the Board along with the required fee. An
				  initial license to conduct, control, manage or operate a manufactured housing
				  community expires on the last day of March following issuance.
2.
General
				Information
The application shall contain the following general
				  information:
A. The name, address,
				email address, and telephone number of an applicant;
B. If the applicant is a partnership, the
				name, address, email address, and telephone number of all partners;
C. If the applicant is a limited liability
				partnership, evidence that the partnership is in good standing with the
				Secretary of State, and the name, address, email address, and telephone number
				of all partners;
D. If the
				applicant is a corporation, evidence that the corporation is in good standing
				with the Secretary of State, and the name, address, email address, and
				telephone number of all officers and directors;
E. If the applicant is a limited liability
				company, evidence that the company is in good standing with the Secretary of
				State, and the name, address, email address, and telephone number of all
				members and managers;
F. The number
				of sites in the community;
G.
				Address or physical location of the community (not the mailing
				address);
H. The identity and
				contact information for the community manager;
I. A description of the community's water
				system and sewage disposal system;
J. If the community has a private water
				system, the identification number and results of the most recent
				analysis.
K. Any additional
				information required by the Board.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 830 - LICENSURE OF MANUFACTURED HOUSING COMMUNITIES › Section 385-830-2 - Renewal Licensure

Current through 2024-29, July 17, 2024
1.
Term
All renewal licenses are issued for a period of one year
				  expiring on the last day of March. The renewal application shall contain such
				  information as is required by the Board.
2.
Late Renewal
A license may be renewed up to 90 days after the date of its
				  expiration upon payment of the required late fee in addition to the applicable
				  renewal fee. If any Licensee fails to renew within 90 days of expiration, the
				  Licensee is required to apply for an initial license.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 830 - LICENSURE OF MANUFACTURED HOUSING COMMUNITIES › Section 385-830-3 - Application for Expansion

Current through 2024-29, July 17, 2024
No community may exceed the Board authorized number of sites
				  without receiving express approval from the Board. An application for expansion
				  shall contain the following information, and must be accompanied by the
				  required fee for the additional sites:
1. The general information described in
				Section
				1(2)(A), (B), (C), (D), (E), (F) and
				(G) of this chapter;
2. The number of additional sites
				requested;
3. The information
				described in Section
				1(2)(H), (I), (J),
				and (K) and Sections
				1(3),
				(4) and (5)  of this chapter with respect to
				the proposed additional sites.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 830 - LICENSURE OF MANUFACTURED HOUSING COMMUNITIES › Section 385-830-4 - Application Denial; Right to Hearing

Current through 2024-29, July 17, 2024
1.
Request for Hearing
A hearing will be held at the written request of any
				  applicant who has been denied a license or whose application for expansion has
				  been denied, provided that a written request is received by the Board within 30
				  days of the applicant's receipt of written notice of the denial.
2.
Denial of License or
				Application for Expansion
The written denial shall include the reason for the denial
				  and notice of the applicant's right to request a hearing. The notice shall be
				  sent by certified mail, return receipt requested, or other method of delivery
				  of equal or greater reliability.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 830 - LICENSURE OF MANUFACTURED HOUSING COMMUNITIES › Section 385-830-5 - Fees

Current through 2024-29, July 17, 2024
1.
Base License Fees
An application for initial or renewal licensure of a
				  manufactured housing community shall be submitted with the required license
				  fee.
2.
Additional
				Inspection Fees
The fee described in Section
				  5(1) of this chapter
				  is for the license, an initial licensure inspection and one follow-up
				  inspection. When additional inspections are required to determine an
				  applicant's eligibility for licensure, the Board shall charge an additional fee
				  for each additional inspection required. Failure to pay such charges within 90
				  days of the billing date shall constitute grounds for disciplinary action
				  against said license, unless an extension for a period not to exceed 90 days is
				  granted by the Board.
3.
Expansion Fees
An application for expansion of a manufactured housing
				  community shall be submitted with the required license fee for the proposed
				  additional sites.
4.
Change in Ownership, Control, Management and/or Operation
Notwithstanding the provisions of this section, an applicant
				  for a license to conduct, control, manage or operate a manufactured housing
				  community that is licensed to another person or entity must pay the license fee
				  when making application for change in ownership.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 830 - LICENSURE OF MANUFACTURED HOUSING COMMUNITIES › Section 385-830-6 - Licenses Nontransferable

Current through 2024-29, July 17, 2024
No license issued pursuant to this chapter may be assigned or
				  transferred. On the effective date of any change of conduct, control,
				  management or operation of a manufactured housing community, the new operator
				  or other responsible person shall apply for licensure of a manufactured housing
				  community as set forth in Section
				  1 of this chapter, except that an
				  application that does not propose to expand the community need only contain the
				  information described in Section
				  1(2) of this
				  chapter.
A community conducted, controlled, managed or operated in
				  violation of this section shall be deemed to be unlicensed.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 830 - LICENSURE OF MANUFACTURED HOUSING COMMUNITIES › Section 385-830-7 - Existing Communities

Current through 2024-29, July 17, 2024
Generally
1. Except as set forth in Chapter 850,
				Section 9 of the Board's rules, any community licensed prior to September 23,
				1983 which is not in compliance with the provisions of this chapter shall be
				deemed acceptable for licensing if, in the judgment of the Board, the community
				is operated in a safe and sanitary manner. A repair, replacement or
				installation may perpetuate a non-conformity, but may not exacerbate
				it.
2. Change in contact
				information for the Licensee, community manager, or registered agent, shall be
				furnished to the Board within thirty (30) days of that change.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 840 - RULES RELATING TO DRINKING WATER SYSTEMS OF MANUFACTURED HOUSING COMMUNITIES › Section 385-840-2 - Water Systems Distinguished; Jurisdiction

Current through 2024-29, July 17, 2024
1.
Community Water System
A community with a Community Water System, as defined in
				  Section
				  1, must meet the drinking water
				  standards of the
Safe Drinking Water Act
,
				   22 MRS
				  §2611
et seq
. and its
				  implementing rules set forth and administered by the Division of Environmental
				  Health within the Maine Center for Disease Control and Prevention, Department
				  of Health and Human Services ("Division").The Board does not regulate Community
				  Water Systems.
2.
Private Water
				System
A community with a Private Water System, as defined in
				  Section
				  1, must meet the drinking water
				  standards set forth and administered by the Board in this Chapter.
In order to install and operate a new Private Water System,
				  or to expand, upgrade, or re-engineer an existing Private Water System, a
				  community must obtain system approval from the Board, with the Division acting
				  as a technical advisor, prior to installation, modification, operation, and
				  use, as set forth in Section
				  4 of this chapter.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 840 - RULES RELATING TO DRINKING WATER SYSTEMS OF MANUFACTURED HOUSING COMMUNITIES › Section 385-840-3 - Private Water System Requirements, Generally

Current through 2024-29, July 17, 2024
1.
Potable Water
Annual Water Testing.
A community must comply
				  with the annual water testing requirements contained in this chapter for each
				  well or water source. The Board shall audit communities for compliance with
				  this obligation periodically. The Board may also specify conditions relating to
				  testing and the frequency of testing when warranted by circumstances particular
				  to a specific community water system.
NOTE
: A community in which all water is supplied
				  by a public water utility is exempt from routine water testing requirements.
				  However, the Board will require testing at one or more homes in such a
				  community in the event of concerns about the adequacy and potability of the
				  water delivered to the homes.
2.
Plumbing
A.
Generally.
A community must
				comply at all times with the current adopted edition of the
Uniform
				Plumbing Code
.
B.
Minimum Static Pressure.
The water supply system shall be designed
				and maintained to provide a minimum static pressure of 20 lbs. per sq. in.
				(138kPa) from the service coming out of the ground at each site.
C.
Pressure Regulator.
Where
				static water pressure exceeds 80 psi (552kPa), a pressure regulator shall be
				installed and the pressure reduced to 80 psi-at the location of the water
				source.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 840 - RULES RELATING TO DRINKING WATER SYSTEMS OF MANUFACTURED HOUSING COMMUNITIES › Section 385-840-5 - Conditional Operation of an Existing Non-Compliant Private Water System

Current through 2024-29, July 17, 2024
1.
Order of Conditional
				Operation.
The Board, upon request or upon its own initiative, may
				provide additional time for a Licensee to bring an existing Non-Compliant
				Private Water System into compliance when correcting a violation, deficiency,
				or water quality issue. The additional time may be granted by an Order of
				Conditional Operation, provided the following criteria are met:
A. A detailed plan for water system quality
				compliance, including remedial measures to be taken, a specific schedule for
				completion, and identification of a Designated Operator, is approved by the
				Board;
B. The health and safety of
				the water consumers are not jeopardized;
C. All consumers are provided with potable
				water at all times, at the expense of the Licensee;
D. When required, adequate notification
				concerning the water quality of the water system is provided to the consumers
				during the additional time period; and
E. Any other measures deemed appropriate and
				necessary by the Board and by the Division.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 840 - RULES RELATING TO DRINKING WATER SYSTEMS OF MANUFACTURED HOUSING COMMUNITIES › Section 385-840-6 - Drinking Water Standards for Existing Private Water Systems in Active Operation that are not Expanding, Upgrading, or Being Re-engineered

Current through 2024-29, July 17, 2024
1. Testing of each water system shall be
				performed annually, and the testing requirements rotate on a three-year cycle,
				as follows:
A.
Required Testing for the
				First Year of Each Cycle
Microorganisms:
Total Coliform
Nitrate
Nitrite
B.
Required Testing for the Second Year
				of Each Cycle
Inorganic Chemicals:
Arsenic
Barium
Cadmium
Chromium (Total)
Copper
Fluoride
Lead
Nitrates (Measured as Nitrogen)
Nitrites (Measured as Nitrogen)
Selenium
Total Coliform
C.
Required Testing for the Third Year
				of Each Cycle
Microorganisms:
Total Coliform
Nitrate
Nitrite
Organic Chemicals:
Benzene
Carbon tetrachloride
Chlorobenzene
o-Dibromo-3-chloropropane
o-Dichlorobenzene
p-Dichlorobenzene
1,2-Dichloroethane
1,1-Dichloroethylne
cis-1,2-Dichloroethylene
trans-1,2-Dichloroethylene
Dichloromethane
1,2-Dichloropropane
Ethylbenzene
Styrene
Tetrachloroethylene
Toluene
1,2,4-Trichlorobenzene
1,1,1-Trichloroethane
1,1,2-Trichloroethane
Trichloroethylene
Vinyl chloride
Xylenes (total)
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 840 - RULES RELATING TO DRINKING WATER SYSTEMS OF MANUFACTURED HOUSING COMMUNITIES › Section 385-840-7 - Designated Private Water System Operators

Current through 2024-29, July 17, 2024
Private Water Systems are not required to employ licensed
				  operators. However, all Private Water Systems shall designate a person
				  responsible for the system operation. Such Designated Operators, who may be an
				  owner, manager, employee, independent contractor,
etc
., are
				  responsible for proper record-keeping and reporting, sample collection, and
				  consumer notice,
etc
., as stated in these rules, and shall be
				  registered with the Board as the primary point-of-contact. Change of address,
				  phone number, email address,
etc
., and change in Designated
				  Operator shall be conveyed to the Board within thirty (30) days of that
				  change.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 840 - RULES RELATING TO DRINKING WATER SYSTEMS OF MANUFACTURED HOUSING COMMUNITIES › Section 385-840-8 - Reporting Requirements

Current through 2024-29, July 17, 2024
1.
Water Test
				Results
. Licensees shall notify the Board of any unsatisfactory water
				results within three (3) business days of the Licensee's or Designated
				Operator's receipt of the test results.
2.
Failure to Comply
. All
				Private Water Systems must report to the Board any failure to comply with the
				rules within three (3) business days, including the failure to test, monitor,
				or report water analyses, or to correct non-compliance with these
				rules.
3.
Change in
				Ownership
. All current owners, Licensees, or Designated Operators of
				Private Water Systems must notify the Board of a change in ownership thirty
				(30) days prior to the transfer.
4.
Consumer Complaint
. The Board
				shall notify the Designated Operator and the owner or Licensee of any consumer
				complaint(s).
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 840 - RULES RELATING TO DRINKING WATER SYSTEMS OF MANUFACTURED HOUSING COMMUNITIES › Section 385-840-9 - Record Maintenance

Current through 2024-29, July 17, 2024
The owner, Designated Operator, or Licensee shall retain on
				  the premises, or at a convenient location near the premises, the records of a
				  private water system, as indicated below. Such records shall be made available
				  to the Board upon request.
1.
Water Analyses
A. Records of
				water test results and the Annual Water Safety Report made pursuant to these
				regulations shall be kept for not less than six (6) years. Actual laboratory
				reports may be kept, or data may be transferred to tabular summaries, provided
				that the following information is included:
(1) Name, address, and contact information of
				the community and the Designated Operator of the Private Water
				System;
(2) The date, place, and
				time of sampling, and the name of the person who collected each sample. In the
				event of multiple wells, all wells shall be properly identified in the test
				results;
(3) Identification of the
				sample as to whether it was a routine distribution system sample, check sample,
				raw process water sample, or other special purpose sample;
(4) Date and time that the lab received the
				sample;
(5) Date and time of
				analysis;
(6) Laboratory and person
				responsible for performing the analysis;
(7) The analytical technique/method used;
(8) Minimum Detection Limits
				(MDL); and
(9) The results of the
				analysis with, where appropriate, the units of measurement.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 840 - RULES RELATING TO DRINKING WATER SYSTEMS OF MANUFACTURED HOUSING COMMUNITIES › Section 385-840-10 - Communication and Notice to Consumers

Current through 2024-29, July 17, 2024
1.
Communication with Private Water Systems.
In the event that the
				Board is unable to contact the Designated Operator, Licensee, owner, or manager
				of a community when Private Water System test results required under an audit
				or otherwise are not furnished or are unavailable, the Board may at its option:
A. Conduct or cause water system testing and
				post the test results by notice to consumers, or
B. Post notice that required test results for
				the system are not available and that consumers should not assume consumption
				of the water is safe, and
C. Order
				the operator or owner of the water system to provide continuous potable water
				via tanker or other means for drinking, cooking, and sanitation purposes at the
				Licensee's expense.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 840 - RULES RELATING TO DRINKING WATER SYSTEMS OF MANUFACTURED HOUSING COMMUNITIES › Section 385-840-11 - Engineering Study for Existing Private Water Systems with Violations or Deficiencies

Current through 2024-29, July 17, 2024
1. The Board is
				authorized to order the operator or owner of an Existing Water System to
				conduct an Engineering Study to identify deficiencies or violations of these
				rules and to make recommendations to the Board.
2. An engineering study consists of a
				technical evaluation by a Maine licensed professional engineer of a water
				system's source, treatment, pumping, distribution and/or storage, to identify
				deficiencies that limit or prohibit a water system's ability to reliably
				provide water of acceptable quality and/or quantity. The engineering study also
				recommends a course of action to implement improvements as needed.
3. The Board is authorized to order that any
				or all of the recommendations in the Engineering Study be carried out. At the
				written request of the Licensee or Designated Operator, a public hearing shall
				be held on any Board order within thirty (30) days of receipt of such request.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 840 - RULES RELATING TO DRINKING WATER SYSTEMS OF MANUFACTURED HOUSING COMMUNITIES › Section 385-840-12 - Imminent Hazard to Public Health - Emergency Order

Current through 2024-29, July 17, 2024
1.
Determination of Imminent
				Hazard.
An imminent hazard may be considered to exist when there is a
				violation of the Board's drinking water regulations, and shall be considered to
				exist when, in the judgment of the Board or the Division, a condition exists in
				a Private Water System or water supply that will result in a serious risk to
				public health.
2.
Elimination
				of Imminent Hazard
.In order to protect the public health, the Board may,
				without a prior hearing, issue an Emergency Order requiring the Licensee to
				take immediate action as may be required under the circumstances. Actions
				required under the Emergency Order may include, but are not limited to:
A. The prohibition of transportation, sale,
				distribution, or supplying of water;
B. The furnishing of potable water at the
				Licensee's expense;
C. The repair,
				installation, or operation of treatment equipment or methods;
D. The notification to all potential users of
				the system of the nature, extent, and possible health effects of the imminent
				hazard and precautions to be taken by users; and
E. The testing, sampling, or other analytical
				operations required to determine the nature, extent, duration, or termination
				of the imminent hazard.
A copy of the Emergency Order shall be served upon a
				  Designated Operator, Licensee, owner, manager, employee or agent for service,
				  in the same manner as service of notice of the commencement of a civil action
				  in Superior Court.
An Emergency Order issued by the Board shall be effective
				  immediately and shall be binding for no more than 90 days unless sooner revoked
				  by the Board at its discretion or at a public hearing, or unless modified or
				  rescinded by a Superior Court. At the written request of the Licensee or
				  Designated Operator, a public hearing shall be held on the Emergency Order
				  within thirty (30) days of receipt of such request.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 840 - RULES RELATING TO DRINKING WATER SYSTEMS OF MANUFACTURED HOUSING COMMUNITIES › Section 385-840-14 - Water Safety Report

Current through 2024-29, July 17, 2024
The Designated Operator and the Licensee, owner, manager, or
				  other responsible individual of the Private Water System shall annually test,
				  certify, and distribute to all consumers a notification that outlines the water
				  quality with regard to test results of primary contaminants. The form of notice
				  to be used is attached as "Appendix A."
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 840 - RULES RELATING TO DRINKING WATER SYSTEMS OF MANUFACTURED HOUSING COMMUNITIES › Section 385-840-15 - Advisory Ruling

Current through 2024-29, July 17, 2024
1. Advisory Rulings
				are authorized pursuant to
				5 MRS
				§9001.
A. Upon written request, the Board may render
				an advisory ruling with respect to the interpretation and/or applicability of a
				rule or procedure administered by the Board.
B. A request for an advisory ruling must be
				addressed to the Executive Director of the Board.
C. The Board may refuse to issue an advisory
				ruling if it may harm its interests in any litigation to which it is or may
				become a party.
D. An advisory
				ruling must be in writing and issued no more than 60 days from the date when
				the Board has received all information necessary for the ruling.
E. An oral opinion is not an advisory
				ruling.
F. An advisory ruling by
				the Board is not binding upon the Board in any manner. In any subsequent
				enforcement action initiated by the Board, any person's justifiable reliance
				upon the ruling shall be considered in mitigation of any penalty sought to be
				addressed.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 840 - RULES RELATING TO DRINKING WATER SYSTEMS OF MANUFACTURED HOUSING COMMUNITIES › Section 385-840-16 - Operation, Maintenance and Disinfection

Current through 2024-29, July 17, 2024
1.
Covered Reservoirs .
All finished water reservoirs shall be
				covered, and the vents to the reservoirs shall be adequately
				screened.
2.
Flushing
				.
No spring basin, collecting basin, well, infiltration gallery, water
				main, pump, standpipe, or reservoir shall be placed in service following
				cleaning or repairs until it has been properly disinfected.
3.
Disinfection .
When any water
				system fails to meet the proper coliform level, the Board may designate the
				disinfectant residual or application rate to be maintained by the system.
				Ground water supplies may be required by the Board to be disinfected. All
				treatment techniques shall be approved by the Board in consultation with the
				Division.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 840 - RULES RELATING TO DRINKING WATER SYSTEMS OF MANUFACTURED HOUSING COMMUNITIES › Section 385-840-17 - Administrative Enforcement

Current through 2024-29, July 17, 2024
1. Pursuant to
				Title
				10 MRS
				§8003,
et seq
., the
				Board may investigate (including the taking and testing of water samples),
				prosecute, and impose sanctions or remedies for any noncompliance with the
				Board laws and rules to provide safe drinking water. The purpose for requiring
				compliance and sanctions is to enable the Board to establish an effective
				enforcement program to meet the requirements of these rules. In seeking and
				imposing compliance and enforcement actions, the Board may pursue any
				combination of administrative and judicial remedies depending upon the
				circumstances and gravity of each case, provided that the Board follows the
				procedures established by these rules.
2. The Board may deny, terminate, or refuse
				to renew a license for the operation of a Manufactured Housing Community, or
				impose operating restrictions or other conditions and disciplinary sanctions
				authorized by Title
				10 MRS
				§8003(5-A) for any
				violation(s) of these rules.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 840 - RULES RELATING TO DRINKING WATER SYSTEMS OF MANUFACTURED HOUSING COMMUNITIES › Section 385-840-18 - Hearing

Current through 2024-29, July 17, 2024
Appeal of Board Decision and Order and Request for
				  Adjudicatory Hearing.
Adjudicatory Hearings shall be conducted by the
				  Board in accordance with the
Administrative Procedure Act
at
				   5 MRS §9051,
et seq
.A request for a hearing shall be made in writing and
				  directed to the Executive Director of the Board.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 840 - RULES RELATING TO DRINKING WATER SYSTEMS OF MANUFACTURED HOUSING COMMUNITIES › Section 385-840-19 - Judicial Review

Current through 2024-29, July 17, 2024
The Board's decision and order after appeal shall be deemed a
				  final agency action and shall be binding on all parties. Any party aggrieved by
				  the decision has a right to judicial review pursuant to Title
				   5 MRS
				  §10001.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 850 - COMMUNITY LICENSING - STANDARDS › Section 385-850-1 - Minimum Lot Size

Current through 2024-29, July 17, 2024
Unless grandfathered pursuant to Section
				  10 of this chapter.
1.
Public Sewage Utility
Each site that is served by a public sewage utility shall
				  contain a minimum of 5,000 square feet, exclusive of roads.
2.
Central Subsurface Sewer
				System
Each site that is served by a central subsurface sewer
				  system shall contain a minimum of 5,000 square feet, exclusive of roads,
				  provided that the entire community contains at least 20,000 square feet for
				  each site in the community, inclusive of roads. The 20,000 square foot minimum
				  authorized by this subsection may be increased by the Division of Environmental
				  Health within the Center of Disease Control and Prevention, Department of
				  Health and Human Services, if necessitated by soil conditions, pursuant to
				  Chapter 241 of the Rules of the Division of Environmental Health within the
				  Center of Disease Control and Prevention, Department of Health and Human
				  Services entitled "Maine Subsurface Wastewater Disposal Rules."
3.
Individual Sewage
				Systems
Each site that is not served by a central subsurface sewer
				  system or a public sewage utility shall contain a minimum of 20,000 square
				  feet, inclusive of roads.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 850 - COMMUNITY LICENSING - STANDARDS › Section 385-850-2 - Potable Water

Current through 2024-29, July 17, 2024
Water Supply
A manufactured housing community must have an adequate supply
				  of potable water at all times. In the event of contamination or system failure,
				  the community shall immediately procure an emergency supply of potable water
				  via tanker or other means for drinking, cooking and sanitation purposes at its
				  own expense.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 850 - COMMUNITY LICENSING - STANDARDS › Section 385-850-3 - Plumbing

Current through 2024-29, July 17, 2024
Generally
A community shall comply at all times with Chapter 241 of
				  the Rules of the Division of Environmental Health within the Center of Disease
				  Control and Prevention, Department of Health and Human Services entitled "Maine
				  Subsurface Wastewater Disposal Rules."
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 850 - COMMUNITY LICENSING - STANDARDS › Section 385-850-4 - Fuel Supplies

Current through 2024-29, July 17, 2024
1.
Outside
				Oil Supply Tanks
The provisions of this subsection, "Outside Oil Supply
				  Tanks," apply to new installations and replacement installations made on or
				  after the effective date of this chapter.
A. Oil supply tanks shall not be installed on
				wood or other combustible surfaces or supports.
B. Outside oil supply tanks of 350 gallons or
				less shall be supported in accordance with Section 4(1)(C) or (D) of this
				chapter. Tanks larger than 350 gallons shall comply with all rules of the Maine
				Fuel Board.
C. A horizontal oil
				supply tank shall be mounted on steel pipe legs, not exceeding 12 inches in
				height with floor flanges at the base of the steel legs, supported by four 4 x
				8 x 16 inch solid cement blocks, or a one piece minimum 3 inches thick
				reinforced concrete pad not smaller than the tank dimensions. The four blocks
				or the concrete pad shall rest on a firm subgrade consisting of a bed of
				compacted, well-draining gravel (6 inch minimum), crushed stone (6 inch
				minimum), or some other subgrade approved by the Board. There must be a minimum
				of 4 inches of clearance under the tank from any surface. See Figure 12(a)
				below.
D. An upright or vertical
				oil supply tank shall be mounted on steel pipe legs not exceeding 12 inches in
				height, with floor flanges at the base of the steel leg, and supported by a
				minimum 3 inches thick reinforced concrete pad. The reinforced concrete pad's
				width and length shall not be smaller than the tank dimensions. The concrete
				pad shall be of one piece construction. The concrete pad shall rest on a bed of
				compacted, well- draining gravel (6 inches minimum), crushed stone (6 inches
				minimum), or some other subgrade approved by the Board. There must be a minimum
				of 4 inches of clearance under the tank from any surface. See Figure 12(b)
				below.
E. An outside oil supply
				tank servicing a manufactured home as defined in Chapter 820, Section 1(7)(B)
				of the Board's rules may only be installed by a licensee of the Maine Fuel
				Board, including a manufactured housing mechanic or dealer who holds a limited
				license from the Maine Fuel Board to install outside oil tanks at manufactured
				housing pursuant to 10 M.R.S. §2401.
Click to view
				  image
F. Outside
				tanks and piping must be located such that they are not subject to falling snow
				or ice. To meet this requirement, the tank and outdoor piping must be installed
				with a protective cover over the tank valve, oil filter and other piping
				without structural support or not attached to the side of the
				building.
G. All oil supply lines
				shall be protected from physical damage or corrosion.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 850 - COMMUNITY LICENSING - STANDARDS › Section 385-850-5 - Electrical

Current through 2024-29, July 17, 2024
A community shall comply at all times with NFPA 70,
2014 National Electrical Code
, as adopted for Maine in Chapter
				  120 of the rules of the Electricians' Examining Board.
A list of code provisions commonly violated is attached to
					 this chapter as Appendix A. This is not a substitute for the entire National
					 Electrical Code.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 850 - COMMUNITY LICENSING - STANDARDS › Section 385-850-6 - Life and Fire Safety

Current through 2024-29, July 17, 2024
1.
Identification
Each home in a community shall be clearly marked for
				  identification in a uniform manner that is clearly visible from the street
				  serving the site.
2.
Fire Prevention
All areas and individual sites within a community shall be
				  maintained so as to be free of debris that could contribute to the spread of
				  fire within the site or community.
3.
Firebreaks
No portion of a manufactured home, excluding the hitch,
				  shall be located closer than 10 feet (3 meters) side to side, 8 feet (2.4
				  meters) end to side, or 6 feet (1.8 meters) end to end horizontally from any
				  other manufactured home or community building unless the exposed composite
				  walls and roof of either structure are without openings and constructed of
				  materials that will provide a 1 hour fire-resistance rating or the structures
				  are separated by a 1 hour fire-rated barrier.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 850 - COMMUNITY LICENSING - STANDARDS › Section 385-850-7 - Streets

Current through 2024-29, July 17, 2024
1.
Construction Standards
Community streets shall meet the Street Construction
				  Standard for Manufactured Housing Communities contained in Appendix B to this
				  chapter.
2.
Setback
No manufactured home or any part thereof shall be installed
				  within 5 feet of any traveled way.
3.
Access by Emergency Vehicles and
				Essential Services
All streets within a community shall be constructed and
				  maintained so as to afford adequate access by emergency vehicles and essential
				  services.
4.
Drainage
All streets within a community shall be constructed and
				  maintained so as to provide adequate drainage from and adjacent to the
				  roadway.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 850 - COMMUNITY LICENSING - STANDARDS › Section 385-850-8 - Pads

Current through 2024-29, July 17, 2024
1.
Grade
Grades shall slope away from all pads to adequate out fall.
				  There shall be no standing water on the surface underneath a home.
2.
General
				Construction
Pads shall be constructed so that homes which are installed
				  in accordance with the Board's Manufactured Housing Installation Standards
				  shall maintain plumbing trap seals, experience no buildup of solid waste in
				  drain piping, and maintain egress doors and egress windows.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 850 - COMMUNITY LICENSING - STANDARDS › Section 385-850-9 - Nuisances

Current through 2024-29, July 17, 2024
No community shall cause, tolerate or permit any of the
				  following hazards or conditions within the community:
1. Storage of trash in other than designated
				areas;
2. Storage of trash in
				inadequate, insecure or overflowing containers;
3. Unsecured vacant homes;
4. Missing or insecure manhole or septic
				system covers;
5. Trees that have
				been certified as hazardous by a licensed arborist;
6. An abandoned or discarded chest, closet,
				piece of furniture, refrigerator, freezer or other article having a compartment
				capacity of 11/2 cubic feet or more;
7. Any activity, structure, object or land
				use prosecutable as a public nuisance pursuant to
				17 M.R.S.
				§2802 as it relates to manufactured
				housing communities; and
8. Any
				dangerous, unsanitary or unhealthful condition that threatens the safety or
				welfare of the community.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 850 - COMMUNITY LICENSING - STANDARDS › Section 385-850-10 - Grandfathered Exceptions

Current through 2024-29, July 17, 2024
Any site licensed prior to September 23, 1983 that is not in
				  compliance with the provisions of this chapter listed below shall be deemed
				  acceptable if, in the judgment of the Board, the community is operated in a
				  safe and sanitary manner. A repair, replacement or installation may perpetuate
				  a nonconformity, but may not exacerbate it.
- Section
				  1 (Minimum Lot Size)
- Section
				  6(3) (Life and Fire
				  Safety; Firebreaks)
- Section
				  7(1) (Streets;
				  Construction Standards)
- Section
				  7(2) (Streets;
				  Setback)
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 850 - COMMUNITY LICENSING - STANDARDS › Appendix 385-850-A - COMMONLY-VIOLATED PROVISIONS OF THE NATIONAL ELECTRICAL CODE(®)

Current through 2024-29, July 17, 2024
(code provisions not reproduced verbatim)
1. Minimum depth for direct-buried service or feeder cable
				  [Table 300.5]
24" under park roads
18" from the service equipment location to the home served
				  (applies when service equipment is within 30' of the exterior wall of the
				  home)
24" for all other locations
2. Minimum depth for buried PVC conduit enclosing service or
				  feeder conductors [Table 300.5]
24" under park roads
18" from the service equipment location to the home served
				  (applies when service equipment is within 30' of the exterior wall of the
				  home)
18" for all other locations
3. Protection from damage for direct-buried service and
				  feeder cables emerging from grade [Table 300.5 (D)(1)]
PVC or other approved electrical raceway shall be installed
				  continuous from the electrical service equipment to 18" below grade. Where
				  metal raceways are used, a bushing shall be installed at the base of the
				  conduit to prevent damage to the conductors.
4. Unused openings in electrical equipment
				  [110.12(A)]
Unused cable or conduit openings in meter sockets,
				  disconnects, and other electrical equipment shall be effectively closed to
				  provide protection that is equivalent to the wall of the equipment.
5. Mounting of electrical equipment [110.13(A)]
Electrical equipment shall be firmly secured to the surface
				  on which it is mounted. Also, the mounting surface must be solidly
				  supported.
6. Enclosing energized parts [230.62(A)]
The interior cover of service disconnects must be installed
				  to avoid accidental contact with live parts.
7. Ground movement [300.5(J)]
Where direct-buried conductors or underground raceways are
				  subject to movement from frost action, provision shall be made to protect the
				  conductors and equipment from damage. "S" loops in underground direct burial to
				  conduit transitions, and expansion fittings in vertical conduits are usually
				  effective.
8. Securing the grounding electrode conductor
				  [250.64(B)]
The conductor from the service equipment to the ground rod
				  shall be securely fastened to the surface on which it is carried.
9. Methods of grounding to ground rods [250.70]
The grounding conductor must be solidly connected to the
				  ground rod by the use of an approved clamp, listed for direct soil
				  burial.
Note
: Direct buried conductors and cables
				  emerging from grade and specified in Column 1 and 4 of Table 300.5 shall be
				  protected by enclosures or raceways extending from the minimum cover distance
				  below grade required by 300.5 (A) to a point at least 8' above finish
				  grade.
NATIONAL ELECTRICAL CODE(®) IS A REGISTERED TRADEMARKS
				  OF THE NATIONAL FIRE PROTECTION ASSOCIATION.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 860 - INSPECTIONS AND COMPLAINTS › Section 385-860-1 - Inspection of Manufactured Housing Communities

Current through 2024-29, July 17, 2024
1.
Licensing
				Inspections
Subject to
				   10 MRS
				  §9086, the Board may inspect a
				  manufactured housing community for compliance with the Board's statute and
				  rules upon initial licensure, upon expansion and upon change of
				  licensee.
2.
Inspections for
				Cause
The Board may also inspect a community for compliance with
				  the Board's statute and rules in response to a complaint; on the basis of
				  information indicating the possibility of a violation of statute or rule; or in
				  the discretion of the executive director or an inspector of the Board, which
				  discretion shall not be abused.
3.
Periodic Inspections
The Board will routinely and periodically inspect
				  manufactured housing communities for compliance with the Board's statute and
				  rules. The baseline frequency of inspection is once every fourth calendar year.
				  However, the Board may, in its discretion, inspect a community more or less
				  frequently than once every fourth calendar year based on such factors as
				  violations history and resource availability. The Board may attempt to
				  coordinate inspections with other regulatory programs within the Department of
				  Professional and Financial Regulation and other agencies within state
				  government.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 860 - INSPECTIONS AND COMPLAINTS › Section 385-860-2 - Reports

Current through 2024-29, July 17, 2024
The Board will mail a copy of all inspection reports that
				  list deficiencies or non-compliances to the Licensee at the Licensee's last
				  known address.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 860 - INSPECTIONS AND COMPLAINTS › Section 385-860-3 - Correction of Deficiencies

Current through 2024-29, July 17, 2024
All deficiencies discovered during an inspection must be
				  corrected. The Licensee shall correct deficiencies that do not involve a
				  serious danger to the health or safety of the public within 90 days of receipt
				  of notice from the Board. The Licensee shall correct deficiencies that involve
				  a serious danger to the health or safety of the public within 24 hours of
				  receipt of notice from the Board.
With the exception of electrical violations, the Licensee
				  shall certify to the Board in writing within the applicable correction period
				  that all deficiencies discovered during an inspection have been corrected and
				  shall certify to the date(s) on which the corrections were made. With respect
				  to electrical violations, the Licensee shall submit to the Board a written
				  certification from a master electrician executed within the applicable
				  correction period certifying that all electrical violations were corrected and
				  certifying to the date(s) on which the corrections were made.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 860 - INSPECTIONS AND COMPLAINTS › Section 385-860-4 - Filing of Complaints

Current through 2024-29, July 17, 2024
The Board will follow the procedures for investigating and
				  processing complaints contained in the Administrative Complaint Procedure
				  established by the Department of Professional and Financial Regulation, Office
				  of Professional and Occupational Regulation ("OPOR") for the professional and
				  occupational licensing programs administered by OPOR.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 890 - MANUFACTURED HOME INSTALLATION STANDARDS › Subchapter A - GENERAL › Section 385-890-A-II - Manufacturer Installation Instructions

Current through 2024-29, July 17, 2024
A.
Instructions Required
A manufacturer must provide with each new manufactured
					 home, installation designs and instructions that have been approved by the
					 Secretary or Design Approval Primary Inspection Agency (DAPIA).The approved
					 installation instructions must include all topics covered in the Model
					 Installation Standards for the installation of manufactured homes. These
					 installation instructions and any variations thereto that are prepared to
					 comply with Paragraph C of this section must provide protection to residents of
					 the manufactured homes that equals or exceeds the protection provided by these
					 installation standards and must not take the manufactured home out of
					 compliance with the MHCSS.These instructions must insure that each home will be
					 supported and anchored in a manner that is capable of meeting or exceeding the
					 design loads required by the MHCSS.
B.
Professional Engineer or Registered
				  Architect Certification
A professional engineer or registered architect must
					 prepare and certify that the manufacturer's installation instructions meet or
					 exceed the installation standards for foundation support and anchoring
					 whenever:
1. The manufacturer's
				  installation instructions do not conform in their entirety to the minimum
				  requirements or tables or their conditions for foundation support and anchoring
				  of these standards; or
2. An
				  alternative foundation system or anchoring system is employed, including
				  designs for basements and perimeter support foundation systems, whether or not
				  it is included in the installation instructions; or
3. Materials such as metal piers or
				  alternatives to concrete footing materials are required by the installation
				  instructions; or
4. Foundation
				  support and anchoring systems are designed for use in areas subject to freezing
				  or for use in areas subject to flood damage or high seismic risk; or
5. Foundation support and anchoring systems
				  are designed to be used in special snow load conditions or in severe wind
				  design areas; or
6. Site conditions
				  do not allow the use of the manufacturer's installation instructions;
				  or
7. There are any other
				  circumstances in which the manufacturer's installation instructions would not
				  permit the home to be installed in conformance with the installation standards
				  or the MHCSS.