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 19-7-3.05 - Hearings, Appeals, And Penalties › Section 19-7-3.05.2 - Civil Penalties

Current through June 25, 2024
A. When any
				  provision of "The Uniform Standards Code for Factory-Built Homes Law," codified
				  at
Mississippi Code Ann.
, Section
				  75-49-1,
et seq.
(1992 and Supp. 2013), is violated, the State Chief
				  Deputy Fire Marshal, State Deputy Fire Marshals, or a duly authorized
				  representative thereof shall file an appropriate action as set forth in
Mississippi Code Ann
., Section
				  75-49-13.
				  The penalties include:
1. Any person who
				  knowingly and willfully violates any of the provisions of the applicable
				  Mississippi law and this Regulation shall be liable to the State of Mississippi
				  for a civil penalty of not more than One Thousand Dollars ($1,000.00) for each
				  such violation. Each violation of a provision of the applicable law and this
				  Regulation made hereunder shall constitute a separate violation with respect to
				  each factory built home or with respect to each failure or refusal to allow or
				  perform an act required thereby, except that the maximum civil penalty may not
				  exceed one million dollars ($1,000,000.00) for any related series of violations
				  occurring within one (1) year from the date of the first violation.
2. An individual, or a director, officer or
				  agent of a corporation, who knowingly and willfully violates any of the
				  provisions of the applicable law or this Regulation in a manner which threatens
				  the health and safety of any purchaser of a factory built home is guilty of a
				  misdemeanor and, upon conviction thereof by a court of competent jurisdiction,
				  shall be fined not more than One Thousand Dollars ($1,000.00) or imprisoned not
				  more than one (1) year, or both.
3.
				  This penalty shall not apply to any person who establishes that he did not have
				  reason to know, in the exercise of due care, that such factory built home was
				  not in conformity with applicable factory built construction and
4. safety standards, or to any person who,
				  before such first purchase, holds a certificate issued by the manufacturer or
				  importer of such factory built home to the effect that such factory built home
				  conforms to all applicable factory built home construction and safety
				  standards, unless such person knows that such factory built home does not so
				  conform.
5. An individual, or
				  director, officer or agent of a corporation, who knowingly and willfully fails
				  to obtain a required license in accordance with the applicable Mississippi law
				  and this Regulation, and who knowingly and willfully violates any provisions of
				  the applicable Mississippi law and this Regulation or any amended rules and
				  regulations made hereafter, with respect to the manufacture, sale,
				  distribution, safe anchoring, and blocking of a factory built home when such
				  home is intended to be used for human habitation, shall, upon conviction by a
				  court of competent jurisdiction, be guilty of a misdemeanor and shall be fined
				  not more than One Thousand Dollars ($1,000.00) or imprisoned not more than one
				  (1) year, or both.