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 385-110-3-19 - Violations

Current through 2024-29, July 17, 2024
1.
Individual Nonconformances
Whenever the authorized inspection agency has reason to
					 believe that an individual building or dwelling unit fails to conform to the
					 requirements of this chapter, the authorized inspection agency shall notify the
					 manufacturer of the nonconformance and afford the manufacturer an opportunity
					 to correct the nonconformance in a manner acceptable to the authorized
					 inspection agency. If the possible nonconformance comes first to the attention
					 of the board, the board shall notify the authorized inspection agency in order
					 that that the authorized inspection agency can carry out its responsibilities
					 under this Section.
2.
Order of Correction; Disciplinary Action
If the manufacturer fails or refuses to successfully
					 resolve the problem or correct the nonconformance within 30 days, or such
					 reasonable additional time as may be given by the authorized inspection agency,
					 the authorized inspection agency shall notify the board of same. The executive
					 director may order the manufacturer to correct the nonconformance. The order
					 must be in writing, 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.
A manufacturer who fails to timely comply with or appeal
					 from an order of correction is subject to disciplinary action and other
					 penalties as set forth in the Act and
					  10 MRSA
					 §8003(5-A).
3.
Certificate of
				  Occupancy
If the nonconformance involves a home for which a
					 certificate of occupancy has not been issued, the authorized inspection agency
					 shall affix or cause to be affixed an invalidation to the label and shall
					 notify the local enforcement agency having jurisdiction that the label has been
					 invalidated and that a certificate of occupancy should not be issued. Where the
					 nonconformance does not create a real and present hazard to the health or
					 safety of the intended occupants of the dwelling unit, the authorized
					 inspection agency may advise the local enforcement agency that the invalidation
					 should not prevent issuance of a temporary certificate of occupancy, provided,
					 however, that the authorized inspection agency shall have fixed a time within
					 which the nonconformance shall be corrected.
4.
Class Nonconformance
Whenever the executive director has reason to believe a
					 class of manufactured homes may not conform to the requirements of this
					 chapter, the executive director may order the manufacturer to correct the class
					 nonconformance in all homes affected by it. The order must be in writing, 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.
A condition is considered to be a class nonconformance
					 if:
A. The approved building system
				  under which a State-certified modular home was constructed was not
				  code-compliant, or a series of individual nonconformances establishes that
				  there has been a failure of the approved compliance assurance program under
				  which the State-certified modular home was constructed; and
B. The nonconformance constitutes a real and
				  present hazard to the health and safety of the occupants or intended occupants
				  of the home, or the nonconformance constitutes a major structural defect that
				  impairs the ability of any load-bearing portion of the home to carry the
				  intended loads in accordance with the requirements of this chapter.
A manufacturer who fails to timely comply with or appeal
					 from an order of correction is subject to disciplinary action and other
					 penalties as set forth in the Act and
					  10 MRSA
					 §8003(5-A).