Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 3 - (Me -2007-3) Rules And Regulations For The Uniform Standards Code For The Factory Built Homes Law As Related To Modular Homes › Rule 19-7-3.03 - Administration › Section 19-7-3.03.7 - Developers

Current through June 25, 2024
In order to protect the health, safety, and welfare of the
					 public of the State of Mississippi, each applicant for a developer's license
					 shall comply with the following requirements:
1. Demonstrate to the Commissioner that he
				  has a good general working/ mechanical knowledge of modular home construction
				  and repair;
2. Demonstrate to the
				  Commissioner that he has a good practical working knowledge of the manner in
				  which modular homes are installed in accordance with the rules, regulations,
				  and procedures that are promulgated by the Commissioner;
3. Demonstrate to the Commissioner that he
				  has or shall have adequate facilities for the repair and servicing of modular
				  homes, for the storage of parts and accessories, and that he has at least one
				  operable service truck. If, however, the developer is subcontracting to other
				  entities all installation, repair, and service, then he shall provide a
				  duplicate of the executed subcontract therefor to the Commissioner. This
				  subcontract shall contain a clause stating that the Commissioner shall be
				  notified in writing 30 days in advance of any cancellation of the
				  subcontract.
4. Demonstrate to the
				  Commissioner that he has an adequate space to display his modular homes at each
				  development site and that he has or shall maintain a permanent sales/business
				  office within the State of Mississippi. This permanent sales/business office
				  shall have running water and sewer facilities for public comfort and
				  convenience, shall comply with all local ordinance signage requirements, and
				  shall comply with the county health department regulations and other applicable
				  safety standards for a permanent structure in the county or municipality in
				  which it is located. If there are no municipal or county signage requirements,
				  the developer's sign shall be at least four (4) feet by eight (8) feet in size,
				  with lettering at least twelve (12) inches high. This sign shall be prominently
				  located on the site for viewing by the public.
5. Demonstrate to the Commissioner that he
				  has a good general knowledge of and will comply with the requirements of the
				  Rules and Regulations for the Uniform Standards Code for the Factory-Built
				  Homes Law as Related to Modular Homes, (ME-2007-3), as they pertain to the
				  responsibilities of a developer to properly safeguard the public interest. No
				  developer shall use transportation affecting interstate or foreign commerce or
				  the United States mail to sell, lease, or offer for sale or lease in the State
				  of Mississippi any modular home unless the developer, acting as a reasonable
				  developer, does not know that the modular home does not conform to applicable
				  Standards as defined herein. This sales prohibition applies to any affected
				  modular homes through completion of the entire sales transaction. A sales
				  transaction with a purchaser is considered complete when all the goods and
				  service that the developer has agreed to provide at the time the contract was
				  entered into have been provided. Completion of a retail sale occurs at the time
				  the developer completes setup of the modular home if the developer has agreed
				  to provide setup; however, if the developer has not agreed to transport or
				  setup the modular home, this sales prohibition does not apply;
6. Ensure that within one (1) year of
				  employment, all sales staff will attend eight (8) hours training and that,
				  thereafter, they will attend an additional eight (8) hours training every three
				  (3) years. This training must be approved and/or provided by the Factory-Built
				  Home Division. The developer shall display current training certificates of all
				  sales staff at the developer's current business location. The employer of the
				  sales staff is responsible for submitting in writing to the Factory-Built Home
				  Division a list of all sales staff, their dates of employment, and proof of the
				  required training.
7. To ensure
				  compliance with
Mississippi Code Ann.
,
Section
				  75-49-9(2),
				  it shall be the responsibility of each developer to submit an Installation
				  Property Locator form to the Factory-Built Home Division of the State Fire
				  Marshal's Office for each modular home that is scheduled to be delivered or
				  installed. This Installation Property Locator form must be submitted during the
				  regular business hours of the State Fire Marshal's Office. Further, this form
				  must be submitted seventy-two (72) hours, (3 days),
prior
to
				  delivery or installation of the modular home. The purpose of the Installation
				  Property Locator form is to enable the Factory-Built Home Division to conduct
				  random inspections as required by this Regulation.
Miss. Code Ann.
					 §
											75-49-5
					 (Supp. 2013).