Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part V - Fire Protection › Chapter 5 - Manufactured and Modular Housing › Subchapter A - General Requirements › Section V-509 - Notification and Correction Procedure

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				  Manufacturer's Determination. When a consumer complaint is referred to the
				  manufacturer and the manufacturer determines that an imminent safety hazard,
				  serious defect, defect or noncompliance may exist and the manufacturer does not
				  correct the imminent safety hazard or failure to conform within 30 days of the
				  date on which the manufacturer determined the existence of an imminent safety
				  hazard or failure to conform, the manufacturer shall prepare and submit a plan
				  as provided for in  24 CFR Section 3282 . 409, to the state fire
				  marshal.
B. Notification. The plan,
				  including a copy of the notice as required by  24 CFR Section 3282 . 410, shall
				  be submitted to the state fire marshal by the manufacturer and shall provide
				  for notification by mail, to the first purchaser (not including any retailer or
				  distributor of the affected manufacturer) of each manufactured home containing
				  an imminent safety hazard, serious defect, defect or noncompliance and any
				  subsequent purchaser to whom any warranty provided by the manufacturer or
				  required by federal or state law has been transferred, to the extent feasible;
				  by mail to any other person who is a registered owner of each manufactured home
				  containing an imminent safety hazard, serious defect, defect or noncompliance
				  and whose name has been returned to the manufacturer under the procedure of
				  Record of Purchasers as provided for under  24 CFR Section 3282 . 410; by mail or
				  other expeditious means to the retailers or distributors to whom such
				  manufactured home was delivered. In the event the manufactured home has an
				  imminent safety hazard or serious defect, the notification shall be forwarded
				  by certified mail, if mailed.
C.
				  Review
1. The state fire marshal will review
				  the plan submitted by the manufacturer, including the contents of the notice,
				  and either approve the plan as submitted or make modifications to the plan for
				  compliance with the requirements of  24 CFR Section 3282.409  and notify the
				  manufacturer of the approval or modification. The manufacturer may contest the
				  modification within five days of the approval of the plan or
				  modification.
2. If the state fire
				  marshal does not accept the manufacturer's position as to the modification, it
				  shall act as follows: if the manufacturer contends that the manufactured home
				  contains a defect rather than an imminent safety hazard or serious defect as
				  the state fire marshal contends, the state fire marshal shall refer the matter
				  to the secretary for determination under  24 CFR Section 3282.407 (a).
3. The formal notification requirements which
				  would result from any determination by the manufacturer under  24 CFR Section 3282.404  may be waived by the state fire marshal that would otherwise approve
				  the plan upon receipt of satisfactory assurances from the manufacturer that:
a. the manufacturer has identified all
				  possibly affected manufactured homes which have been sold to purchasers,
				  retailers and distributors;
b. the
				  manufacturer has corrected, at the manufacturer's expense, all affected
				  manufactured homes; and
c. the
				  repairs, in the state fire marshal's judgment, are adequate to remove the
				  imminent safety hazard or failure to conform.