Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 5 - (MH-5) Uniform Standards Code For Factory-Built Homes Law. (10/16/2009) › Rule 19-7-5.03 - Inspection Procedures › Section 19-7-5.03.5 - Violations and Penalties

Current through June 25, 2024
When any provision of
Miss. Code Ann.
§
										75-49-1
					 through
					 75-49-21,
					 as amended, is violated, the State Chief Deputy Fire Marshal, State Deputy Fire
					 Marshals or Duly Authorized Representative may file appropriate action as set
					 forth in
Miss. Code Ann.
§
										75-49-19.
					 The penalties include:
A. Any person
				  who knowingly and willfully violates any of the provisions of this chapter or
				  any rules and regulations made hereunder 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 this
				  chapter or a rule or 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.
B. An
				  individual, or a director, officer or agent of a corporation, who knowingly and
				  willfully violates any of the provisions of this chapter or any rules and
				  regulations made hereunder 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, shall be fined not more than One Thousand Dollars
				  ($1,000.00) or imprisoned not more than one (1) year, or both.
C. This chapter 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 is not in conformity with applicable manufactured
				  home construction and 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 manufactured home construction and safety standards, unless such
				  person knows that such Factory-Built home does not so conform.
D. An individual, or director, officer or
				  agent of a corporation, who knowingly and willfully fails to obtain the
				  applicable license under this chapter and who is required to obtain such a
				  license under this chapter, and who may knowingly and willfully violate any
				  provisions of this chapter or any rules and regulations made hereafter with
				  respect to the manufacture, selling, distribution, or safe anchoring and
				  blocking of a Factory-Built home when intended to be used for human habitation
				  is guilty of a misdemeanor and, upon conviction thereof, shall be fined not
				  more than One Thousand Dollars ($1,000.00) or imprisoned not more than one (1)
				  year, or both.
E. An
				  administrative review of all privilege licenses issued pursuant to
Miss. Code Ann.
§
										75-49-9(7),
				  shall be conducted upon receipt of any verifiable complaint(s) of any nature
				  that exceeds sixty (60) days in length without resolution, which may lead to a
				  possible licensure hearing (hereafter known as the Dispute Resolution Program)
				  pursuant to
Miss. Code Ann.
§
										75-49-13, as
				  amended. The sixty (60) day period shall not serve as a mandatory waiting
				  period, and in the appropriate case the Commissioner may, at his discretion,
				  schedule a licensure hearing prior to the expiration of sixty (60) days. The
				  procedures set forth in
Miss. Code Ann.
§
										75-49-13 for
				  hearings and appeals shall govern the Dispute Resolution Program.
F. The Dispute Resolution Program shall also
				  address the following:
1. The timely
				  resolution of disputes among manufacturers, retailers, or installers regarding
				  responsibility for correction and repair of defects in Factory-Built homes;
2. The issuance of appropriate
				  orders for correction and repair of defects in such homes, and;
3. Any dispute regarding defects in the
				  Factory-Built home that are reported within one (1) year after the date of
				  first installation.