reglab/statecodes huggingface dataset:
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 384 - STATE BOARD OF ALCOHOL AND DRUG COUNSELORS › Chapter 7 - CONTINUING PROFESSIONAL EDUCATION FOR ALCOHOL AND DRUG COUNSELORS, ALCOHOL AND DRUG COUNSELING AIDES AND CERTIFIED CLINICAL SUPERVISORS › Section 384-7-1 - Generally

Current through 2024-29, July 17, 2024
1.
Continuing Professional Education
				Required for Renewal
Except as set forth in Sections
				  4 and
				  5 of this chapter, no license,
				  registration or certificate to practice as an alcohol and drug counselor,
				  alcohol and drug counseling aide or certified clinical supervisor will be
				  renewed in an odd-numbered year unless the licensee certifies to the completion
				  of continuing professional education during the
				  2 years preceding renewal as required by
				  this chapter. The licensee's certification is subject to audit pursuant to
				  Chapter 13 of the rules of the Office of License and Registration, "Uniform
				  Rule for the Substantiation of Continuing Education
				  Requirements."
2.
Hours Required
Alcohol and drug counselors, alcohol and drug counseling
				  aides and certified clinical supervisors shall complete continuing professional
				  education every 2 years, as measured from the license renewal date in an
				  odd-numbered year to the license renewal date in the next odd-numbered year, as
				  follows:
Alcohol and drug counseling aide 12 contact hours
Certified alcohol and drug counselor 18 contact hours
Licensed alcohol and drug counselor 25 contact hours
Certified clinical supervisor 12 contact hours
LADCs who are also certified clinical supervisors need to
				  complete 37 contact hours in total.
3.
Nature of Continuing Professional
				Education
Continuing professional education contact hours must
				  directly relate to the practice of alcohol and drug counseling or, in the case
				  of certified clinical supervisors, to the clinical supervision of alcohol and
				  drug counselors and counseling aides. Continuing professional education may be
				  earned by completion of activities described in Section 2 of this chapter only.
				  All licensees other than those licensed solely as certified clinical
				  supervisors by the board must complete a minimum of 4 contact hours in the area
				  of professional ethics.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 384 - STATE BOARD OF ALCOHOL AND DRUG COUNSELORS › Chapter 7 - CONTINUING PROFESSIONAL EDUCATION FOR ALCOHOL AND DRUG COUNSELORS, ALCOHOL AND DRUG COUNSELING AIDES AND CERTIFIED CLINICAL SUPERVISORS › Section 384-7-2 - Permissible Continuing Professional Education Activities

Current through 2024-29, July 17, 2024
The board recognizes the following as qualifying continuing
				  education activities:
1.
Seminars, Workshops and Institutes
2.
College Level Courses
Contact hours may be earned for successful completion of
				  college level courses for academic degree credit offered by accredited
				  institutions of higher education, whether attended on site or taken via
				  distance learning.
3.
In-Service Training Sessions
A maximum of 10 contact hours may be earned through
				  in-service training sessions.
4.
Teaching, Writing, Audiotapes/disks,
				Videotapes/disks, Independent Study, Certain Distance Learning
A maximum of 10 contact hours total may be earned in the
				  following 3 categories:
A.
Teaching.
A licensed alcohol and drug counselor or certified
				clinical supervisor may claim continuing professional education credit for
				preparation and presentation of a course, workshop or seminar for the first
				time it is presented, only. An outline or syllabus will serve as
				documentation.
B.
Writing.
A licensed alcohol and drug counselor or certified
				clinical supervisor may claim continuing professional education credit for
				writing articles and books for publication, as well as for the review and
				editing process for articles and books.
C.
Audiotapes/disks, Videotapes/disks,
				and Independent Study.
A licensed alcohol and drug counselor or
				certified clinical supervisor may claim continuing professional education
				credit only once for a particular audiotape/disk, videotape/disk or course of
				independent study. Credit may not be claimed for a course of independent study
				that is substantially similar to a course that the licensee or registrant has
				previously taken for continuing professional education credit.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 384 - STATE BOARD OF ALCOHOL AND DRUG COUNSELORS › Chapter 7 - CONTINUING PROFESSIONAL EDUCATION FOR ALCOHOL AND DRUG COUNSELORS, ALCOHOL AND DRUG COUNSELING AIDES AND CERTIFIED CLINICAL SUPERVISORS › Section 384-7-3 - Approval of Continuing Professional Educational Activities

Current through 2024-29, July 17, 2024
All continuing professional education activities other than
				  academic courses and in-service training sessions must be offered by a
				  recognized sponsor or approved by the board as set forth in this section. Only
				  continuing professional education activities that are offered by a recognized
				  sponsor or approved by the board will be recognized for purposes of Section
				  1 of this chapter. Approval may be
				  sought by the course sponsor or by a licensee.
1.
Recognized Sponsors
Sponsors recognized by the board are:
A. AdCare Educational Institute,
				Inc.;
B. The board, a licensing
				board for another jurisdiction, or a certification board for another
				jurisdiction that is a member of ICRC/AODA;
C. Department of Behavioral and Developmental
				Services, Office of Substance Abuse;
D. ICRC/AODA;
E. Maine Association of Alcohol and Drug
				Abuse Counselors;
F. National
				Association of Alcohol and Drug Abuse Counselors;
G. New England Institute of Addiction
				Studies; and
H. Rutgers University
				School of Alcohol and Drug Studies.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 384 - STATE BOARD OF ALCOHOL AND DRUG COUNSELORS › Chapter 7 - CONTINUING PROFESSIONAL EDUCATION FOR ALCOHOL AND DRUG COUNSELORS, ALCOHOL AND DRUG COUNSELING AIDES AND CERTIFIED CLINICAL SUPERVISORS › Section 384-7-4 - Initial Continuing Education Reporting Period

Current through 2024-29, July 17, 2024
Alcohol and drug counselors, alcohol and drug counseling
				  aides and certified clinical supervisors need not complete continuing
				  professional education during their initial license term.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 384 - STATE BOARD OF ALCOHOL AND DRUG COUNSELORS › Chapter 7 - CONTINUING PROFESSIONAL EDUCATION FOR ALCOHOL AND DRUG COUNSELORS, ALCOHOL AND DRUG COUNSELING AIDES AND CERTIFIED CLINICAL SUPERVISORS › Section 384-7-5 - Continuing Professional Education Required For Reinstatement to Active Status

Current through 2024-29, July 17, 2024
An alcohol and drug counselor, alcohol and drug counseling
				  aide or certified clinical supervisor applying for reinstatement to active
				  status pursuant to
				  32 M.R.S.A.
				  §6219-B(2) must submit
				  with the application proof that the applicant completed continuing professional
				  education contact hours in the minimum amount set forth in Section
				  1(2) of this chapter
				  within the year preceding application.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 384 - STATE BOARD OF ALCOHOL AND DRUG COUNSELORS › Chapter 8 - ENFORCEMENT AND DISCIPLINARY PROCEDURES › Section 384-8-1 - Appeal of License Denial

Current through 2024-29, July 17, 2024
Any denial or refusal to renew a license, registration or
				  certificate may be appealed to the board. Any appeal must be filed with the
				  board by the applicant or by the alcohol and drug counselor, alcohol and drug
				  counseling aide, or certified clinical supervisor in writing within 30 days of
				  receipt of notice of the board action complained of. An adjudicatory hearing
				  will be scheduled upon receipt of a timely appeal. Non-timely appeals will be
				  denied without hearing.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 384 - STATE BOARD OF ALCOHOL AND DRUG COUNSELORS › Chapter 8 - ENFORCEMENT AND DISCIPLINARY PROCEDURES › Section 384-8-2 - Disciplinary Procedure

Current through 2024-29, July 17, 2024
The board will follow the procedures for investigating and
				  processing complaints contained in the Administrative Complaint Procedure
				  utilized by the Department of Professional and Financial Regulation, Office of
				  Licensing and Registration for the professional and occupational licensing
				  boards and registration programs administered by OLR.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 384 - STATE BOARD OF ALCOHOL AND DRUG COUNSELORS › Chapter 8 - ENFORCEMENT AND DISCIPLINARY PROCEDURES › Section 384-8-3 - Board Interpretation of Certain Grounds for Discipline

Current through 2024-29, July 17, 2024
The statutory grounds for discipline set forth in this
				  subsection shall have the following meanings:
1.
Practice of Fraud or Deceit
A. The practice of fraud or deceit in
				obtaining a license, registration or certification includes, but is not limited
				to:
(1) Falsification or misrepresentation of
				education or experience of an applicant;
(2) Falsification or misrepresentation of a
				recommendation from a consultant or peer;
(3) Cheating on a licensure
				examination;
(4) Intentionally
				withholding or misrepresenting any information requested on the application,
				including any information regarding criminal or disciplinary action taken by
				any state against an applicant; or
(5) Impersonating another
				applicant.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 384 - STATE BOARD OF ALCOHOL AND DRUG COUNSELORS › Chapter 9 - CODE OF ETHICS

Current through 2024-29, July 17, 2024
Summary:
This chapter contains the Code of Ethics
				for the performance of alcohol and drug counseling services.
Alcohol and drug counselors, alcohol and drug counseling aides
				and certified clinical supervisors shall:
1. Respect the rights, dignity and person of
			 each client;
2. Make timely
			 referrals to other health care professionals as may be appropriate;
3. Terminate a counseling relationship when
			 it is or should be reasonably clear to the counselor or clinical supervisor
			 that the client is not benefiting from it. When a client refuses treatment,
			 referral or recommendations, the counselor and clinical supervisor shall
			 carefully consider the welfare of the client by weighing the benefits of
			 continued treatment or termination, and shall act in the best interest of the
			 client.
4. Report to the board an
			 alcohol and drug counselor, alcohol and drug counseling aide or certified
			 clinical supervisor whose judgment or competency while treating clients is
			 impaired by chemical dependency or physical or mental incapacity;
5. Keep the client informed about treatment
			 and treatment options;
6. Avoid
			 making unrealistic promises to clients or creating unrealistic
			 expectations;
7. Use clinical and
			 other materials in classroom teaching and writing only when the persons
			 involved are adequately de-identified;
8. Obtain the client's informed consent
			 before recording an interview, using an interview for training purposes, or
			 permitting observation of an interview by another person. Provision of services
			 shall not be conditioned upon the client's consent to any of the
			 above;
9. Protect the welfare and
			 dignity of clients participating in research and obtain informed consent from
			 participating clients prior to commencement of the project or study in which
			 the patient is a subject;
10. Use
			 appropriate professional or personal channels to correct behavior detrimental
			 to the client or the public;
11.
			 Make no public statements regarding the effectiveness of alcohol and drug
			 counseling that are outside the generally accepted experience of the profession
			 as a whole or not within the individual counselor's experience;
12. Not use a counseling relationship with a
			 client to promote personal gain or the profit of an agency or commercial
			 enterprise of any kind; and
13. Not
			 accept a private fee, gratuity or consideration of any kind for counseling
			 services with a person who is entitled to such services at a reduced fee
			 through an institution or agency without informing the client that such an
			 option is available.
STATUTORY AUTHORITY:
				   32 M.R.S.A.
				  §6212(9)
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 110 - STATE CERTIFICATION OF MODULAR HOMES › Subchapter 1 - PROVISIONS OF GENERAL APPLICABILITY › Section 385-110-1-1 - Purpose

Current through 2024-29, July 17, 2024
The purpose of this chapter is to increase the availability
					 of safe and affordable modular housing by:
1. Promoting the use of new technologies,
				  techniques and materials;
2.
				  Requiring manufacturers' adherence to necessary laws, rules, building codes,
				  and performance standards; and
3.
				  Delegating to approved inspection agencies the responsibility for assessing the
				  adequacy of building systems and monitoring manufacturers' code and rules
				  compliance.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 110 - STATE CERTIFICATION OF MODULAR HOMES › Subchapter 1 - PROVISIONS OF GENERAL APPLICABILITY › Section 385-110-1-2 - Applicability

Current through 2024-29, July 17, 2024
This chapter governs the design, manufacture, handling,
					 storage, delivery and installation of State-certified modular homes as defined
					 in
					 10 M.R.S.
					 §9002(7)(B).
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 110 - STATE CERTIFICATION OF MODULAR HOMES › Subchapter 1 - PROVISIONS OF GENERAL APPLICABILITY › Section 385-110-1-3 - Compliance

Current through 2024-29, July 17, 2024
No person may manufacture, sell or install a modular home
					 in Maine that does not comply with an approval method set forth in this
					 chapter, to wit:
Inspection Agency Approval Method (Subchapter
						3)
										Local Option Approval Method (Subchapter 4, Section
						20 )
										Special Program of Approval (Subchapter 4, Section 21
						)
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 110 - STATE CERTIFICATION OF MODULAR HOMES › Subchapter 1 - PROVISIONS OF GENERAL APPLICABILITY › Section 385-110-1-4 - Preemption

Current through 2024-29, July 17, 2024
State-certified modular homes are deemed to comply with the
					 requirements of all laws, ordinances, and rules which govern the matters within
					 the scope of the approval and certification, regardless of the provisions of
					 any other such law, ordinance or rule.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 110 - STATE CERTIFICATION OF MODULAR HOMES › Subchapter 1 - PROVISIONS OF GENERAL APPLICABILITY › Section 385-110-1-5 - Applicability of Local Law

Current through 2024-29, July 17, 2024
1.
Local
				  Prerogatives
Land use zoning requirements; building set-back
					 requirements; side and rear yard requirements; property line requirements; and
					 on-site development, on-site construction, and on-site inspection requirements
					 are specifically and entirely reserved to the local government, except as
					 provided by the
Maine Uniform Building and Energy Code
,
					 the
Manufactured Housing Act
("Act") or this chapter.
2.
Special Environmental
				  Conditions
In areas of the State where special environmental
					 conditions exist which require special or different building standards pursuant
					 to Subchapter 2, Section 10(10), local government may prescribe such standards
					 for those parts of the site development, foundation, and other work for which
					 responsibility is vested in local government pursuant to Subchapter 1, Section
					 5(1) or the
Maine Uniform Building and Energy Code
, provided
					 that such standards are not more stringent than those imposed on other types of
					 buildings in the area.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 110 - STATE CERTIFICATION OF MODULAR HOMES › Subchapter 1 - PROVISIONS OF GENERAL APPLICABILITY › Section 385-110-1-6 - Journeyman Quality Workmanship Required

Current through 2024-29, July 17, 2024
The manufacture, installation and service of
					 State-certified modular homes must conform to journeyman quality workmanship in
					 all respects.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 110 - STATE CERTIFICATION OF MODULAR HOMES › Subchapter 1 - PROVISIONS OF GENERAL APPLICABILITY › Section 385-110-1-7 - Prospective Application of Codes and Standards - 180 Day Notice

Current through 2024-29, July 17, 2024
Except as provided for relocated homes under Subchapter 3,
					 Section 17(5), revisions to the codes and standards incorporated by reference
					 into Subchapter 2 of this chapter may not apply retroactively to approved
					 building systems. The Board shall notify all manufacturers with approved
					 building systems, local governmental jurisdictions, and other concerned persons
					 of all amendments to the codes and standards included in Subchapter 2, and each
					 manufacturer will have one hundred eighty (180) calendar days or such
					 additional time as the Board deems reasonable, following the sending of such
					 notification to submit verification of compliance in the form of copies of the
					 approved building systems to the Board and comply with such modifications of
					 its building systems as may be required to comply with such changes. All
					 State-certified modular homes manufactured (i) prior to the effective date of
					 such changes, or (ii) during the one hundred eighty (180) calendar day period
					 following the sending of notice to the manufacturer, or (iii) in the case of
					 any manufacturer who submits their modifications to the Board as required but
					 receives no affirmative or negative response from the Board with respect
					 thereto, following such one hundred eighty (180) calendar day period, may be
					 certified if they conform to the existing approved building system. Where
					 imminent danger to life safety is involved, the Board may require that
					 immediate effect be given to amendments to the codes, standards,
					 specifications, and requirements adopted herein. For purposes of this section,
					 a State-certified modular home is deemed to be manufactured at such date as the
					 manufacturer's label is attached to it in accordance with the approved
					 compliance assurance program.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 110 - STATE CERTIFICATION OF MODULAR HOMES › Subchapter 1 - PROVISIONS OF GENERAL APPLICABILITY › Section 385-110-1-8 - Change of Address; Other Reportable Information

Current through 2024-29, July 17, 2024
1. A manufacturer shall notify the Board in
				  writing within ten(10) days after any of the following occurrences and prior to
				  the commencement of production at a new or relocated manufacturing facility:
A. Change of name;
B. Change of the main address of the
				  company;
C. Change of location of
				  any manufacturing facility;
D.
				  Establishment of a new manufacturing facility; or
E. Change of authorized inspection
				  agency.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 110 - STATE CERTIFICATION OF MODULAR HOMES › Subchapter 2 - Codes and Standards › Section 385-110-2-12 - Ventilation Standard

Current through 2024-29, July 17, 2024
State-certified modular homes must comply with the
					 provisions of this Section.
1.
Whole-house Ventilation
When a state certified manufactured home is factory
					 equipped with a central system to regulate the quality of indoor air, the
					 system must be operated according to the manufacturer's instructions and
					 equipment specifications.
2.
Kitchen Exhaust
A cooking appliance must be equipped with a separate
					 ventilating fan/hood, independent of other ventilating systems, with a minimum
					 rating of 100 Cubic Feet per Minute (CFM). This equipment must exhaust at the
					 outside of the home. This paragraph does not apply to microwave ovens, provided
					 that:
A. The microwave oven is not
				  sold with a separate ventilating system; and
B. The manufacturer's instructions do not
				  require that the microwave oven be operated with a separate ventilating
				  system.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 110 - STATE CERTIFICATION OF MODULAR HOMES › Subchapter 3 - Inspection Agency Approval Method › Section 385-110-3-11 - Overview

Current through 2024-29, July 17, 2024
The inspection agency approval method authorized by
					 10 M.R.S.
					 §9043(1) is the primary
					 approval method for State-certified modular homes.An inspection agency approved
					 by the Board pursuant to Subchapter 5 is responsible for:
1. Approving building systems which comply
				  with the codes and standard sin corporated by reference into Subchapter 2 and
				  the requirements of Subchapter 3,Section 12;
2. Approving compliance assurance programs
				  which comply with this subchapter; and
3. Inspecting and certifying State-certified modular homes that
				  comply with the approved building system.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 110 - STATE CERTIFICATION OF MODULAR HOMES › Subchapter 3 - Inspection Agency Approval Method › Section 385-110-3-12 - Approved Building System

Current through 2024-29, July 17, 2024
1.
Approval
				  Required
In order to obtain the certification required by
					 10 M.R.S.
					 §9043(4),
					 State-certified modular homes must be constructed according to an approved
					 building system.
2.
Submission
				  for Evaluation
A. A manufacturer shall
				  submit to an authorized inspection agency for approval a building system that
				  meets the requirements of Subchapter 3, Section 12(7).
B. If the submission is found to be
				  incomplete or unsuitable for evaluation, the applicant must be notified in
				  writing of the incompleteness or deficiencies thereof within fifteen (15)
				  calendar days of the date the building system was received. Any subsequent
				  submission must be treated as a new application.
C. If the submission is found to be suitable
				  for evaluation, a complete evaluation must be performed within thirty (30)
				  calendar days of the date the building system was received.Upon completion, the
				  applicant must be notified in writing of the results of the evaluation.If the
				  building system is disapproved, the notice must include the reasons for the
				  disapproval and must inform the manufacturer of the time and manner in which an
				  appeal to the Board may be taken pursuant to Subchapter 6.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 110 - STATE CERTIFICATION OF MODULAR HOMES › Subchapter 3 - Inspection Agency Approval Method › Section 385-110-3-13 - Approved Compliance Assurance Program

Current through 2024-29, July 17, 2024
1.
Approval Required
In order to obtain the certification required by
					 10 M.R.S.
					 §9043(4),
					 State-certified modular homes must be manufactured in accordance with an
					 approved compliance assurance program for the manufacturer's approved building
					 system.
2.
Submission
				  for Evaluation
A. A manufacturer shall
				  submit to an authorized inspection agency for approval a quality assurance
				  program that meets the requirements of Subchapter 3, Section 13(6).
B. If the submission is found to be
				  incomplete or unsuitable for evaluation, the applicant must be notified in
				  writing of the incompleteness or deficiencies within fifteen(15) calendar days
				  of the date the quality assurance program was received.Any subsequent
				  submission will be treated as a new application.
C. If the submission is found to be suitable
				  for evaluation, a complete evaluation must be performed within thirty(30)
				  calendar days of the date the quality assurance program was received.Upon
				  completion, the applicant must be notified in writing of the results of the
				  evaluation.If the quality assurance program is disapproved, the notice must
				  include the reasons for the disapproval.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 110 - STATE CERTIFICATION OF MODULAR HOMES › Subchapter 3 - Inspection Agency Approval Method › Section 385-110-3-14 - Inspection by Board or Authorized Inspection Agency

Current through 2024-29, July 17, 2024
1.
Overview
The Board shall make such inspections of the entire process
					 of manufacturing, certifying, handling, storing, and delivering State-certified
					 modular homes produced pursuant to an approved building system as it deems
					 necessary.The Board will ordinarily delegate this authority to an authorized
					 inspection agency.
2.
Inspection of Manufacturing Facilities
As part of the process of evaluating approved building
					 systems and compliance assurance programs, the authorized inspection agency
					 shall inspect the manufacturing facilities in which the homes are to be
					 manufactured.
3.
Nature and Frequency of Inspections
The authorized inspection agency shall make such
					 inspections as may be required by an approved compliance assurance program, or
					 as may be deemed necessary by the Board.
4.
Homes Damaged After
				  Certification
Prior to the issuance of a certificate of occupancy, the
					 authorized inspection agency shall inspect State-certified modular homes which
					 it determines to have been sufficiently damaged after certification to warrant
					 such inspection and to take such action with regard to such homes as is
					 authorized under Subchapter 3,Section14(5), or as is otherwise necessary to
					 eliminate dangerous conditions.
5.
Remediation of Damage
The Board or a Board authorized inspection agency shall
					 require State-certified modular homes which are so damaged as to no longer
					 comply with the Act and this chapter to be brought into compliance promptly. If
					 such homes are not brought into compliance with the Act and this chapter within
					 a reasonable time, or if they are so damaged that they cannot be brought into
					 compliance, the executive director of the Board or authorized inspection agency
					 must order in writing that the labels be removed from such homes.The order must
					 include the reasons for such action and must inform the manufacturer of the
					 time and manner in which an appeal to the Board may be taken pursuant to
					 Subchapter 6.
Irreparably damaged homes must be disposed of in accordance
					 with applicable law.
6.
Limitation of Inspection
No inspection entailing disassembly, damage to, or
					 destruction of State-certified modular homes may be conducted except to
					 implement Subchapter 3,Section15(8) and
					 Subchapter 3,Section
					 16(5).
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 110 - STATE CERTIFICATION OF MODULAR HOMES › Subchapter 3 - Inspection Agency Approval Method › Section 385-110-3-15 - Certification

Current through 2024-29, July 17, 2024
1.
Overview
State-certified modular homes, accepted by the authorized
					 inspection agency as having been manufactured according to any approved
					 building system and an approved compliance assurance program, must be certified
					 by the Board as complying with the requirements of the Act and this
					 chapter.Certification is evidenced by the attachment of a label to each
					 dwelling unit.
The Board may delegate to authorized inspection agencies
					 all or any part of its authority to inspect State-certified modular homes, to
					 issue labels and to affix labels to State-certified modular homes.
2.
Attachment of
				  Labels
The certification label must be permanently affixed to the
					 State-certified modular home and must be located in a cabinet or closet.
3.
Contents of Labels
The label must be in the form of a Manufactured Housing
					 Seal shall contain, at a minimum, the following information:
A. A statement of certification by the
				  manufacturer;
B. Manufacturer's
				  code number (license number);
C.
				  Location of manufacturing facility;
D. Date of issuance;
E. Manufacturer's serial number;
F. Manufactured Housing Seal serial number;
				  and
G. Authorized inspection
				  agency.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 110 - STATE CERTIFICATION OF MODULAR HOMES › Subchapter 3 - Inspection Agency Approval Method › Section 385-110-3-17 - Authority of Local Enforcement Agency

Current through 2024-29, July 17, 2024
1.
Scope of Authority
The local enforcement agency may exercise all authority
					 granted by the
Maine Uniform Building and Energy Code
or local
					 ordinance, except that the local enforcement agency may not deny, delay or
					 withhold a building permit or occupancy permit for a one-or two-family
					 residential building because Manufactured Housing Board-certified building
					 components fail to comply with the
Maine Uniform Building and Energy
					 Code
or local ordinance.See also Subchapter 1,Section 5(1),
					 "Applicability of Local Law."
2.
Effect of Certification Label
The presence of a certification label affixed to the home
					 as required by
					 10
					 M.R.S.§9043(4) and this
					 chapter is sufficient to demonstrate that building components are certified in
					 accordance with these rules for certification of manufactured housing.
3.
Design Changes
A. The local enforcement agency may not
				  require changes to plans, specifications and installation instructions provided
				  as part of the certified building components.
B. The local enforcement agency may exercise
				  all authority granted by the
Maine Uniform Building and Energy
				  Code
or local ordinance over the design of all work performed on-site
				  and not described in plans, specifications and installation instruction
				  provided as part of the certified building components.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 110 - STATE CERTIFICATION OF MODULAR HOMES › Subchapter 3 - Inspection Agency Approval Method › Section 385-110-3-18 - Proprietary Information

Current through 2024-29, July 17, 2024
Any information relating to building systems and compliance
					 assurance programs which a manufacturer or other party considers proprietary
					 must be prominently designated as such at the time of its submission.Disclosure
					 of such information is governed by
					 10 M.R.S.
					 §9012.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 110 - STATE CERTIFICATION OF MODULAR HOMES › Subchapter 3 - Inspection Agency Approval Method › Section 385-110-3-20 - Authority of Local Enforcement Agency

Current through 2024-29, July 17, 2024
1.
Scope of Authority
The local enforcement agency may exercise all authority
					 granted by the Maine Uniform Building and Energy Code or local ordinance,
					 except that the local enforcement agency may not deny, delay or withhold a
					 building permit or occupancy permit for a one- or two-family residential
					 building because Manufactured Housing Board-certified building components fail
					 to comply with the Maine Uniform Building and Energy Code or local
					 ordinance.
[
NOTE
: See also Section 5(1), "Applicability
					 of Local Law."]
2.
Effect of Certification Label
The presence of a certification label affixed to the home
					 as required by
					  10 MRSA
					 §9043(4) and this
					 chapter is sufficient to demonstrate that building components are certified in
					 accordance with these rules for certification of manufactured housing.
3.
Design Changes
A. The local enforcement agency may not
				  require changes to plans, specifications and installation instructions provided
				  as part of the certified building components.
B. The local enforcement agency may exercise
				  all authority granted by the Maine Uniform Building and Energy Code or local
				  ordinance over the design of all work performed on site and not described in
				  plans, specifications and installation instruction provided as part of the
				  certified building components.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 110 - STATE CERTIFICATION OF MODULAR HOMES › Subchapter 3 - Inspection Agency Approval Method › Section 385-110-3-21 - Proprietary Information

Current through 2024-29, July 17, 2024
Any information relating to building systems and compliance
					 assurance programs which a manufacturer or other party considers proprietary
					 must be prominently designated as such at the time of its submission.
					 Disclosure of such information is governed by
					  10 MRSA
					 §9012.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 110 - STATE CERTIFICATION OF MODULAR HOMES › Subchapter 4 - Additional Approval Methods For State-Certified Modular Homes › Section 385-110-4-19 - Overview

Current through 2024-29, July 17, 2024
As an alternative to the inspection agency approval method
					 described in Subchapter 3 of the Board's rules, modular homes may be certified
					 in accordance with the local option method authorized by
					 10 M.R.S.
					 §9043(2) or the special
					 program method authorized by
					 10 M.R.S.
					 §9043(3).
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 110 - STATE CERTIFICATION OF MODULAR HOMES › Subchapter 4 - Additional Approval Methods For State-Certified Modular Homes › Section 385-110-4-20 - Local Option Approval Method

Current through 2024-29, July 17, 2024
State-certified modular housing may be constructed in
					 compliance with a local building code instead of the codes, standards,
					 specifications and requirements set forth in Subchapter 2 provided that the
					 requirements of this section are met.
1. The manufacturer must be licensed by the
				  Board.
2. Installation and
				  connection of plumbing, heating and electrical components that are not part of
				  the envelope of the home must be installed by licensed professionals pursuant
				  to the standards adopted by the boards that license the respective
				  trades.
3. The municipality shall
				  notify the manufacturer and the Board in writing of the recognized local
				  building codes and confirm the municipality's willingness to accept a home
				  constructed by the manufacturer in compliance with those codes.The manufacturer
				  shall certify that the modular home conforms to the recognized local building
				  codes of the municipality.The manufacturer's certificate must be permanently
				  affixed to a cabinet or closet of the modular home.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 110 - STATE CERTIFICATION OF MODULAR HOMES › Subchapter 4 - Additional Approval Methods For State-Certified Modular Homes › Section 385-110-4-21 - Special Program of Approval

Current through 2024-29, July 17, 2024
1.
Generally
The Board may approve a special program of approval if a
					 manufacturer demonstrates to the satisfaction of the Board that an unreasonable
					 economic hardship prevents the manufacturer from meeting the requirements of
					 the inspection agency approval method set forth in Subchapter 3 or the local
					 option approval method set forth in Subchapter 4,Section20. In no case may a
					 program of unsupervised self-certification be authorized.
2.
Demonstration of Hardship
The manufacturer shall document the nature and extent of
					 the hardship to the Board.The cost of complying with the inspection agency
					 approval method does not in and of itself constitute hardship.
3.
Additional Criteria for
				  Approval
The manufacturer shall identify the independent contractor
					 hired to perform inspections of the manufacturing process, and shall
					 demonstrate to the satisfaction of the Board that inspections will be performed
					 with reasonable frequency to determine the quality of the raw materials, the
					 grade of the finished product, and the adequacy of the design package and
					 fabrication procedure.As a precondition to Board approval, the independent
					 contractor must evaluate the manufacturer's building system and certify to the
					 Board that the building system meets the requirements of Subchapter 2.
4.
Action by Board
The executive director of the Board may refuse to approve a
					 special program that fails to meet the approval criteriain Subchapter 4,
					 Section 21 (1-3).Such refusal must be in writing, must include the reasons for
					 the refusal and must inform the manufacturer of the time and manner in which an
					 appeal to the Board may be taken pursuant to Subchapter 6.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 110 - STATE CERTIFICATION OF MODULAR HOMES › Subchapter 4 - Additional Approval Methods For State-Certified Modular Homes › Section 385-110-4-22 - Overview

Current through 2024-29, July 17, 2024
As an alternative to the inspection agency approval method
					 described in Subchapter 3 of the board's rules, modular homes may be certified
					 in accordance with the local option method authorized by
					  10 MRSA
					 §9043(2) or the special
					 program method authorized by
					  10 MRSA
					 §9043(3).
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 110 - STATE CERTIFICATION OF MODULAR HOMES › Subchapter 4 - Additional Approval Methods For State-Certified Modular Homes › Section 385-110-4-23 - Local Option Approval Method

Current through 2024-29, July 17, 2024
State-certified modular housing may be constructed in
					 compliance with a local building code instead of the codes, standards,
					 specifications and requirements set forth in Subchapter 2 provided that the
					 requirements of this Section are met.
1. The manufacturer must be licensed by the
				  board.
2. Installation and
				  connection of plumbing, heating and electrical components that are not part of
				  the envelope of the home must be installed by licensed professionals pursuant
				  to the standards adopted by the boards that license the respective
				  trades.
3. The municipality shall
				  notify the manufacturer and the board in writing of the recognized local
				  building codes and confirm the municipality's willingness to accept a home
				  constructed by the manufacturer in compliance with those codes. The
				  manufacturer shall certify that the modular home conforms to the recognized
				  local building codes of the municipality. The manufacturer's certificate must
				  be permanently affixed to a cabinet or closet of the modular home.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 110 - STATE CERTIFICATION OF MODULAR HOMES › Subchapter 4 - Additional Approval Methods For State-Certified Modular Homes › Section 385-110-4-24 - Special Program of Approval

Current through 2024-29, July 17, 2024
1.
Generally
The board may approve a special program of approval if a
					 manufacturer demonstrates to the satisfaction of the board that an unreasonable
					 economic hardship prevents the manufacturer from meeting the requirements of
					 the inspection agency approval method set forth in Subchapter 3 or the local
					 option approval method set forth in Section
					 23. In no case may a program of
					 unsupervised self-certification be authorized.
2.
Demonstration of Hardship
The manufacturer shall document the nature and extent of
					 the hardship to the board. The cost of complying with the inspection agency
					 approval method does not in and of itself constitute hardship.
3.
Additional Criteria for
				  Approval
The manufacturer shall identify the independent contractor
					 hired to perform inspections of the manufacturing process, and shall
					 demonstrate to the satisfaction of the board that inspections will be performed
					 with reasonable frequency to determine the quality of the raw materials, the
					 grade of the finished product, and the adequacy of the design package and
					 fabrication procedure. As a precondition to board approval, the independent
					 contractor must evaluate the manufacturer's building system and certify to the
					 board that the building system meets the requirements of Subchapter 2.
4.
Action by Board
The executive director may refuse to approve a special
					 program that fails to meet the approval criteria subsections 1-3. Such refusal
					 must be in writing, must include the reasons for the refusal and must inform
					 the manufacturer of the time and manner in which an appeal to the board may be
					 taken pursuant to Subchapter 6.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 110 - STATE CERTIFICATION OF MODULAR HOMES › Subchapter 5 - Approval of Inspection Agencies › Section 385-110-5-25 - Suspension and Revocation

Current through 2024-29, July 17, 2024
1.
Grounds
The Board may suspend or revoke its approval of an
					 authorized inspection agency for any of the following reasons:
A. The approval was issued on the basis of
				  incorrect information;
B. The
				  approval was issued in violation of the Act or this chapter; or
C. The authorized inspection agency has
				  failed to properly perform its functions.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 110 - STATE CERTIFICATION OF MODULAR HOMES › Subchapter 5 - Approval of Inspection Agencies › Section 385-110-5-26 - Procedures for Approving and Delegating

Current through 2024-29, July 17, 2024
1. The
				  board may approve inspection agencies which meet the requirements of Section
				  25 and which the board finds
				  otherwise qualified to perform the functions proposed to be delegated to
				  them.
2. Prior to a full evaluation
				  of an application for approval, the board shall determine whether such
				  application is suitable for processing. If the application is found to be
				  unsuitable for processing, the applicant must be notified in writing of such
				  unsuitability and the basis thereof within 30 calendar days of the date the
				  application is received by the board. In such event, the findings of
				  unsuitability shall be without prejudice. If the application is found to be
				  suitable, the applicant shall be notified in writing within 30 calendar days
				  and the evaluation shall be conducted within 60 calendar days of the date the
				  application is received by the board.
3. Approval of inspection agencies must be
				  evidenced by a letter to the applicant indicating such approval and stating
				  specifically the functions which the authorized inspection agency has been
				  approved to perform.
4. If an
				  inspection agency is not approved, the refusal must be in writing and must
				  include a written explanation of the reasons for disapproval. The refusal must
				  also inform the inspection agency of the time and manner in which an appeal to
				  the board may be taken pursuant to Subchapter 6.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 110 - STATE CERTIFICATION OF MODULAR HOMES › Subchapter 5 - Approval of Inspection Agencies › Section 385-110-5-27 - Continued Approval of Authorized Inspection Agencies

Current through 2024-29, July 17, 2024
1. The board or its agent shall monitor each
				  authorized inspection agency at any reasonable time, with or without prior
				  announcement, in order to monitor the reliability of the agency. Each such
				  examination must investigate the adequacy of all evaluation procedures
				  including engineering evaluation of plans, specifications and test results,
				  testing, and analysis of compliance assurance programs. The results of such
				  examination must be kept on file at the offices of the board. Copies of such
				  reports must be sent to the authorized inspection agency. Authorized inspection
				  agencies must be specifically notified of any deficiencies and of the manner in
				  and time by which such deficiencies must be eliminated. If deemed necessary by
				  the board, approval of an inspection agency may be suspended or revoked as
				  provided in Section 28.
Such examination must also be conducted before approving an
					 inspection agency.
2. The
				  board or its agent shall monitor each authorized inspection agency, at any
				  reasonable time, with or without prior announcement, at either the inspection
				  agency's office or at a manufacturer's place of business, in order to measure
				  the performance of each inspection agency and of its monitoring of the
				  manufacturer's compliance assurance program. Each such examination must
				  investigate the adequacy of all procedures used by the authorized inspection
				  agency in the monitoring activity including personnel selection, training,
				  supervision, reporting accuracy, use of approved documents, evaluation of
				  reports, decision criteria, and all other activities which measure the
				  effectiveness of the manufacturer's program. The results of such examinations
				  must be kept on file at the offices of the board. Copies of such reports must
				  be sent to the authorized inspection agency. The authorized inspection agency
				  must be specifically notified of any deficiencies and the means and time by
				  which such deficiencies must be eliminated. If deemed necessary by the board,
				  an inspection agency's approval may be suspended or revoked as provided in
				  Section 28.
Such examination must also be conducted before approving an
					 inspection agency.