reglab/statecodes huggingface dataset:
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 385-110-5-23 - Procedures for Approving and Delegating

Current through 2024-29, July 17, 2024
1. The
				  Board may approve inspection agencies which meet the requirements of Subchapter
				  5,Section22 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 thirty(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 withinthirty(30) calendar days and the evaluation
				  shall be conducted withinsixty(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 385-110-5-24 - 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 Subchapter 5,Section25.
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
				  Subchapter 5,Section
				  25.
Such examination must also be conducted before approving an
					 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 5 - Approval of Inspection Agencies › Section 385-110-5-28 - 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 6 - Appeals to the Board › Section 385-110-6-26 - Scope

Current through 2024-29, July 17, 2024
The provisions of this subchapter apply to the following
					 types of appeals to the Board:
1. A
				  manufacturer who appeals the executive director's denial of a waiver of
				  compliance from the Energy Specifications Table sought under Subchapter
				  2,Section10(H)(6)(k) (iv);
2. A
				  manufacturer who appeals the executive director's denial of a waiver of
				  compliance with the radon standard sought under Subchapter 2,Section
				  10(J)(4)(i) (iii);
3. A
				  manufacturer who appeals an authorized inspection agency's refusal to approve a
				  building system pursuant to Subchapter 3,Section 12(2)(C);
4. A manufacturer who appeals an authorized
				  inspection agency's suspension or revocation of approval of a building system
				  pursuant to Subchapter 3,Section 12(6);
5. A manufacturer who appeals an authorized
				  inspection agency's suspension or revocation of approval of a compliance
				  assurance program pursuant to Subchapter 3,Section13(5)(A) or (B);
6. A manufacturer who appeals an order of the
				  executive director or authorized inspection agency to remove a label from a
				  damaged home pursuant to Subchapter 3,Section 14(5);
7. A manufacturer who appeals the executive
				  director's order to correct a nonconformance pursuant to Subchapter 3,Section
				  16(2);
8. A manufacturer who
				  appeals the executive director's order to correct a class nonconformance
				  pursuant to Subchapter 3,Section 16(4);
9. A manufacturer who appeals the executive
				  director's refusal to approve a special program of approval pursuant to
				  Subchapter 4,Section 21(4); and
10.
				  An inspection agency who appeals the executive director's denial of approval
				  pursuant to Subchapter 5,Section23(4).
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 110 - STATE CERTIFICATION OF MODULAR HOMES › Subchapter 6 - Appeals to the Board › Section 385-110-6-27 - Timeliness

Current through 2024-29, July 17, 2024
To be timely, an appeal must be received by the Board in
					 writing no later thanthirty(30) days after the manufacturer or inspection
					 agency's receipt of written notice of the suspension, revocation, order,
					 refusal, denial or other action appealed from.Filing of the appeal is complete
					 when the appeal is received by postal mail, express delivery, in-hand delivery,
					 or electronic mail.Untimely appeals will not be considered.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 110 - STATE CERTIFICATION OF MODULAR HOMES › Subchapter 6 - Appeals to the Board › Section 385-110-6-28 - Contents of Appeal

Current through 2024-29, July 17, 2024
The appeal must include a copy of the suspension,
					 revocation, order, refusal, denial or other action appealed from, a description
					 of the manufactured housing affected, a detailed explanation of the reason for
					 the appeal, and a statement of the relief sought by the appellant.The Board
					 will provide a copy of the appeal to the authorized inspection agency or the
					 executive director, as the case may be.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 110 - STATE CERTIFICATION OF MODULAR HOMES › Subchapter 6 - Appeals to the Board › Section 385-110-6-29 - Appeal Hearing

Current through 2024-29, July 17, 2024
An evidentiary hearing will be held by the Board unless the
					 parties to the appeal are able to satisfactorily resolve the dispute that led
					 to the filing of the appeal.The appeal will be heard de-novo and will be
					 governed by the provisions of the
Maine Administrative Procedure
					 Act
applicable to adjudicatory proceedings.The authorized inspection
					 agency or the executive director of the Board, as the case may be, has the
					 burden of proof at hearing.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 110 - STATE CERTIFICATION OF MODULAR HOMES › Subchapter 6 - Appeals to the Board › Section 385-110-6-30 - Timeliness

Current through 2024-29, July 17, 2024
To be timely, an appeal must be received by the board in
					 writing no later than 30 days after the manufacturer or inspection agency's
					 receipt of written notice of the suspension, revocation, order, refusal, denial
					 or other action appealed from. Filing of the appeal is complete when the appeal
					 is received by postal mail, express delivery, in-hand delivery or electronic
					 mail. Untimely appeals will not be considered.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 110 - STATE CERTIFICATION OF MODULAR HOMES › Subchapter 6 - Appeals to the Board › Section 385-110-6-31 - Contents of Appeal

Current through 2024-29, July 17, 2024
The appeal must include a copy of the suspension,
					 revocation, order, refusal, denial or other action appealed from, a description
					 of the manufactured housing affected, a detailed explanation of the reason for
					 the appeal, and a statement of the relief sought by the appellant. The board
					 will provide a copy of the appeal to the authorized inspection agency or the
					 executive director, as the case may be.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 110 - STATE CERTIFICATION OF MODULAR HOMES › Subchapter 6 - Appeals to the Board › Section 385-110-6-32 - Appeal Hearing

Current through 2024-29, July 17, 2024
An evidentiary hearing will be held by the board unless the
					 parties to the appeal are able to satisfactorily resolve the dispute that led
					 to the filing of the appeal. The appeal will be heard de novo and will be
					 governed by the provisions of the Maine Administrative Procedure Act applicable
					 to adjudicatory proceedings. The authorized inspection agency or the executive
					 director, as the case may be, has the burden of proof at hearing.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 320 - LICENSING - DEFINITIONS › Section 385-320-1 - Definitions

Current through 2024-29, July 17, 2024
As used in the board's licensing rules, unless the context
				  otherwise indicates, the following words have the following meanings:
A.
Branch.
"Branch" means an
				additional business location where the sale, offering for sale, brokering or
				distribution of manufactured housing takes place and for which an additional
				license fee is charged.
B.
Envelope.
"Envelope" means all elements of a State-certified
				modular home that are designed by the manufacturer and contained in the plans
				and specifications.
C.
Installation
(1) "Installation"
				of a HUD-code or pre-HUD-code manufactured home means the affixing, assembling
				or setting up of such homes on foundations or supports at a building site,
				including pier blocking, placement of prefabricated footings, and connection to
				existing electrical, oil, water, sewage and similar systems that are necessary
				for the use of the home for dwelling purposes. "Installation" also includes
				installation of heating oil tanks provided that the licensee is licensed to
				install oil tanks by the Oil and Solid Fuel Board.
(2) "Installation" of a State-certified
				modular home means the so-called "A" work, as shown in the table below:
"A" work
(part of
							 installation)
"B" work
(not part of
							 installation)
Installing basement lally columns
Construction of foundation, site preparation and
							 grading.
Affixing the home to the foundation at the building
							 site.
Roof system not supplied by the manufacturer and any
							 engineered roof construction that is to be done on site.
Assembling and fastening structural components,
							 including the manufacturer-supplied roof system.
Sheetrocking, painting, carpeting/flooring and other
							 finish work at the marriage line between structural components.
Making the assembled home watertight.
Completing the remaining elements of the home that are
							 designed by the manufacturer and contained in the plans and specifications for
							 the home, including any field-installed items contained in the plan and
							 specifications.
Installation of the heating system. Connection to
							 existing electrical, oil, water, sewage, and similar systems that are necessary
							 for the use of the home for dwelling purposes.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 331 - FEES › Section 385-331-1 - Fees

Current through 2024-29, July 17, 2024
All fees, costs and assessments authorized or imposed by the
				  rules of the Manufactured Housing Board shall be the amounts established in
				  Chapter 10 of the rules of the Department of Professional and Financial
				  Regulation, Office of Licensing and Registration for their respective
				  purposes.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 340 - LICENSING - LICENSES › Section 385-340-1 - General Requirements

Current through 2024-29, July 17, 2024
A.
Qualifying
				Education For Licensees
1. An outline
				of the proposed training shall be submitted to the board for approval, except
				where the training is developed by the board.
2. The initial training shall consist of not
				less than four hours, including but not limited to training in the following
				areas:
a. Statutes and rules relevant to all
				types of manufactured housing by the board;
b. The installation and servicing of HUD-code
				and pre-HUD-code homes; and
c. The
				installation and servicing of State-certified modular homes.
3. The cost for board-developed
				training shall be set by the board in an amount not to exceed $25.
4. A manufacturer of State-certified modular
				homes shall be responsible for educating its dealers and/or installers in
				specific installation methods required for the proper installation of its
				products.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 340 - LICENSING - LICENSES › Section 385-340-3 - Application for Initial Licensure - All License Categories

Current through 2024-29, July 17, 2024
A.
Submission of Application
The applicant shall submit an application under oath on forms
				  provided by the board together with the fees required by Chapter 10, Section
				  4(22) of the rules of
				  the Office of Licensing and Registration. Incomplete applications may be
				  returned to the applicant.
B.
Information Required of All
				Applicants
The application shall include the information and
				  documentation described below and such other relevant information as the board
				  may require:
1. Designation of the
				classification of license sought by the applicant;
2. A certificate of completion of a
				board-approved training program;
3.
				If the applicant is a sole proprietor, the name, date of birth, contact
				address, social security number, telephone number, fax number and email address
				of the applicant;
4. If the
				applicant is a partnership, the name, contact address, employer identification
				number, telephone number, fax number and email address of the partnership; the
				name and contact address of each partner; and the name of the partner who will
				be representing the applicant in matters before the board;
5. If the applicant is a corporation, the
				name, contact address, employer identification number, telephone number, fax
				number and email address of the corporation; the name of the parent company, if
				any; the name, contact address and title of each corporate officer and
				director; the name and contact address of each shareholder owning 10% or more
				of the voting stock of the corporation, including over-the-counter stock,
				unless the stock is traded on a major stock exchange and not over-the-counter;
				a certificate of existence from the Maine Secretary of State or, for
				corporations not organized under Maine law, a certificate of authority from the
				Maine Secretary of State; and the name of the corporate officer who will be
				representing the applicant in matters before the board; and
6. If the applicant is a limited liability
				company, the name, contact address, employer identification number, telephone
				number, fax number and email address of the limited liability company; the
				current list of names and mailing addresses of each member and manager
				described in
				 31 MRSA
				§655(1)(A); a
				certificate of existence from the Maine Secretary of State or, for limited
				liability companies not organized under Maine law, a certificate of authority
				from the Maine Secretary of State; and the name of the member or manager who
				will be representing the applicant in matters before the board.
An applicant who is not a resident of the State shall
				  designate, on forms provided by the board, the Executive Director of the board
				  as the applicant's agent for service of process in this
				  State.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 340 - LICENSING - LICENSES › Section 385-340-4 - Application for Initial Licensure - Specific License Categories

Current through 2024-29, July 17, 2024
Applicants shall submit the following additional information
				  and documentation described below for each license type:
A.
Dealer
1.
Insurance
- Proof of
				products/completed operations liability insurance for a limit of not less than
				$1,000,000 per occurrence, bodily injury and property damage or combined single
				limit, and proof of workers' compensation insurance (unless waived in a manner
				approved by the Workers' Compensation Board) applicable to products sold, or
				work performed in Maine. Insurance policies must remain in effect while a
				license is active. The liability policy must include mandatory notice of
				cancellation to the Manufactured Housing Board. Sole proprietors, owners of a
				partnership and owners or members of a limited liability company need not
				provide proof of workers' compensation insurance on themselves;
2.
Type of Manufactured Housing
- The type of manufactured housing that the applicant intends to
				sell;
3.
Employment
				Record
- Evidence of two years of work experience under the supervision
				of a dealer or manufacturer related to the type of manufactured housing that
				the applicant intends to sell, or evidence of work experience or training
				deemed equivalent by the board;
4.
References
- The names of three individuals, including their
				telephone numbers and occupations, who can attest to the reputation, character,
				and technical competence of the applicant. At least one of the references shall
				be a licensee of the board, whose license number shall be stated;
5.
Installation
- Whether
				employees of the applicant, subcontractors licensed by the board, or both will
				be installing the homes sold by the applicant. If subcontractors, the applicant
				shall provide the names, license numbers and addresses of the subcontracting
				installers or mechanics;
6.
Service
- Whether employees of the applicant, subcontractors or
				both will be performing any necessary warranty service on the homes sold by the
				applicant. If any subcontractors are licensed by the board, the applicant shall
				provide the names, board license numbers and addresses of the subcontracting
				installers or mechanics;
7.
Sales tax number
-A State of Maine sales tax number; and
8.
Established place of business
- The dealer applicant shall have an established place of business as required
				by Section
				2(B) of this chapter.
				Compliance with this paragraph shall be an ongoing requirement of
				licensure.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 340 - LICENSING - LICENSES › Section 385-340-5 - License Renewal

Current through 2024-29, July 17, 2024
Renewal licenses are issued for a 2-year period beginning on
				  June 30 of every even-numbered year. The licensee shall submit a renewal
				  application on forms provided by the board. The licensee shall enclose with the
				  renewal application-
A. The license
				fee required by Chapter 10, Section
				4(22) of the Rules of
				the Office of Licensing and Registration, entitled "Establishment of License
				Fees;" and
B. Proof of the
				products/completed operations liability insurance and workers' compensation
				insurance described in Section
				1(B) of this
				chapter.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 340 - LICENSING - LICENSES › Section 385-340-6 - Notice of Change of Contact Address

Current through 2024-29, July 17, 2024
A licensee shall notify the board of a change of contact
				  address via letter, fax or email within 30 days after the change.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 350 - LICENSING - SCOPE OF PRACTICE, OBLIGATIONS OF LICENSEES, PROHIBITED PRACTICES › Section 385-350-1 - Scope of Practice

Current through 2024-29, July 17, 2024
This section describes the scope of practice applicable to
				  the different licenses issued by the board. No licensee may practice outside
				  the scope of practice applicable to the license or licenses held by the
				  licensee.
A.
Dealers
-
Dealers are authorized to-
1. Purchase, sell, offer to sell, broker and
				distribute manufactured housing;
2.
				Install and service manufactured housing; and
3. Negotiate or act as an agent for the
				purchase, sale or distribution of manufactured housing.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 350 - LICENSING - SCOPE OF PRACTICE, OBLIGATIONS OF LICENSEES, PROHIBITED PRACTICES › Section 385-350-2 - Obligations of Licensees

Current through 2024-29, July 17, 2024
A.
Code
				Compliance; Journeyman Quality Workmanship
All work performed by manufacturers, dealers, developer
				  dealers, installers, mechanics and their employees in the manufacture,
				  installation and service of manufactured housing shall conform to all codes and
				  standards of the board and be of journeyman quality workmanship or better. All
				  licensees are responsible for proper supervision of their employees.
B.
Contractor Hired by
				Licensee
A licensee who contracts for the installation or servicing of
				  manufactured housing manufactured, sold, distributed or brokered by the
				  licensee must ensure that the installation, service or work performed by the
				  contractor conforms to all codes and standards of the board and is of
				  journeyman quality workmanship or better.
C.
Documentation at Work Site
1. The dealer, or dealer and mechanic of a
				HUD-code home:
(a) Must ensure that the
				manufacturer's installation instructions are on site at time of installation,
				and
(b) Must leave the instructions
				with the home upon completion of installation.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 350 - LICENSING - SCOPE OF PRACTICE, OBLIGATIONS OF LICENSEES, PROHIBITED PRACTICES › Section 385-350-3 - Prohibited Practices

Current through 2024-29, July 17, 2024
A.
Fraud or
				Deceit
No licensee may engage in the practice of fraud or deceit in
				  connection with the manufacture, sale, offering for sale, brokering,
				  distribution, installation or service of manufactured housing.
B.
Incompetence
(1) No licensee may engage in conduct that
				evidences a lack of ability or fitness to discharge the duty owed by the
				licensee.
(2) No licensee may
				engage in conduct that evidences a lack of knowledge or inability to apply
				principles or skills to carry out the practice for which the license was
				issued.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 350 - LICENSING - SCOPE OF PRACTICE, OBLIGATIONS OF LICENSEES, PROHIBITED PRACTICES › Appendix 385-350-B to Chapter 350 - Manufactured Housing Board Installation Warranty 10 M.R.S. Section 1404-A

Current through 2024-29, July 17, 2024
The installer or the installer and the dealer, when the
				  dealer is responsible for the installation, shall provide a written warranty
				  with each new manufactured housing unit installed for a buyer. The installer
				  shall deliver the written warranty to the buyer at the time of the
				  installation. The warranty must contain the following:
1.
Approved Building Systems, Materials and
				  Workmanship
: That the installation is free from any substantial defects
				  in the approved building systems, materials or workmanship.
2.
Corrective Action
: That the installer or the
				  installer and the dealer, when the dealer is responsible for the installation,
				  shall take appropriate corrective action at the site of the manufactured
				  housing in instances of substantial defects in the approved building systems,
				  materials or workmanship that become evident within one year from the date of
				  the installation of the manufactured housing if the buyer or the buyer's
				  transferee gives written notice of the defects to the installer or the
				  installer and the dealer, when the dealer is responsible for the installation,
				  at the installer's or the installer's and the dealer's business addresses no
				  later than one year and ten days after the date of installation.
3.
Liability
: That the installer or the
				  installer and the dealer, when the dealer is responsible for the installation,
				  are liable to the buyer for the fulfillment of the terms of the
				  warranty.
4.
Name, Address and Phone Number of Installer
:
				  The name, address and phone number of the installer or the installer and the
				  dealer, when the dealer is responsible for the installation, to whom written
				  notice of defects must be mailed or delivered by the buyer.
The Manufactured Housing Board's responsibilities include the
				  enforcement of M.R.S. Title 10, Chapter 951: Manufactured Housing Act, the
				  administration and enforcement of rules, and the investigations of
				  complaints.
If, after contacting both installer and dealer concerning
				  potential defects in your home, these defects remain unresolved, you may
				  contact the Department of Professional and Financial Regulation, Manufactured
				  Housing Board, 35 State House Station, Augusta, ME 04333, Telephone (207)
				  624-8612.
I have read this document and understand my rights
				  established in
				  10 M.R.S.
				  §1404-A - Installation Warranty.
________________________________________Homeowner Date
_______________________________________Homeowner Date
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 370 - LICENSING - COMPLAINTS AND INVESTIGATIONS › Section 385-370-1 - Appeal of License Denial

Current through 2024-29, July 17, 2024
An applicant or licensee may appeal a license denial to the
				  board by filing a request for hearing with the board within 30 days of the
				  applicant's or licensee's receipt of notice of the denial. 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 › 385 - MANUFACTURED HOUSING BOARD › Chapter 370 - LICENSING - COMPLAINTS AND INVESTIGATIONS › Section 385-370-2 - Complaints

Current through 2024-29, July 17, 2024
A.
Filing of Complaints
A complaint alleging a violation of the Manufactured Housing
				  Act, the Manufactured Housing Warranties law or the rules of the board may be
				  filed with the board. Complaints may be filed orally, electronically or in
				  writing. The board may require that an oral complaint be reduced to writing.
				  The board may also file a complaint of its own volition.
B.
Limit of Board's Jurisdiction
The board's jurisdiction over complaints relating to
				  State-certified modular homes extends only to the envelope of the
				  home.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 370 - LICENSING - COMPLAINTS AND INVESTIGATIONS › Section 385-370-3 - Notice to Licensee; Licensee's Response

Current through 2024-29, July 17, 2024
Upon receipt of a complaint the board will ordinarily notify
				  the licensee of the complaint in writing. The licensee shall file a written
				  response with the board no later than 20 days after the licensee's receipt of
				  written notice from the board.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 370 - LICENSING - COMPLAINTS AND INVESTIGATIONS › Section 385-370-4 - Investigation

Current through 2024-29, July 17, 2024
A.
Inspection
Upon receipt of the licensee's response, or after 20 days
				  have elapsed from the licensee's receipt of notice and no response has been
				  received, the board will ordinarily assign an inspector or the Executive
				  Director to inspect the unit. Alternatively, board staff may conduct an
				  inspection prior to receipt of the licensee's response or expiration of the
				  20-day response period.
B.
Dismissal Without Inspection
The board may decline to assign an inspector if the board
				  dismisses the complaint upon consideration of the licensee's response, or
				  determines that the licensee has satisfactorily remedied the circumstances that
				  led to the filing of the complaint.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 370 - LICENSING - COMPLAINTS AND INVESTIGATIONS › Section 385-370-5 - Inspection Report

Current through 2024-29, July 17, 2024
A.
Notice of
				Violation and Order of Correction
Following inspection, board staff will ordinarily prepare a
				  written report of the inspection, and shall issue any necessary notice of
				  violation and order of correction. The board will provide copies to the
				  complainant and licensee.
B.
Correction of Violations
The licensee shall respond in writing to a notice of
				  violation and order of correction within 30 days after receipt. The licensee
				  shall fully comply with a notice of violation and order of correction within 45
				  days after receipt, or such shorter time as the Executive Director may require.
				  The Executive Director may extend the time for compliance upon request of the
				  licensee if the Executive Director determines that the licensee is acting in
				  good faith and that compliance within 45 days (or such shorter time period set
				  by the Executive Director) is impractical. Re-inspections may be conducted as
				  necessary to verify that a violation has been fully corrected.
C.
Dismissal Upon Receipt of
				Inspection Report
The board may dismiss the complaint if no violation is found
				  upon inspection, or if the Executive Director determines on the basis of the
				  inspection that the licensee has satisfactorily remedied the circumstances that
				  led to the filing of the complaint.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 370 - LICENSING - COMPLAINTS AND INVESTIGATIONS › Section 385-370-6 - Delegation of Enforcement Authority

Current through 2024-29, July 17, 2024
Pursuant to
				   10 MRSA
				  §9005(1), the board
				  hereby delegates to board inspectors and the Executive Director authority to
				  issue notices of violation and orders of correction pursuant to Section
				  5(A) of this chapter.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 370 - LICENSING - COMPLAINTS AND INVESTIGATIONS › Section 385-370-7 - Appeal of Order of Correction

Current through 2024-29, July 17, 2024
A licensee may appeal a notice of violation and order of
				  correction by filing a written notice of appeal with the board within 30 days
				  after receipt of the order. The board will schedule an appeal hearing as soon
				  as practicable upon receipt of a timely notice of appeal. The appeal hearing
				  will be conducted de novo and will be governed by the provisions of the Maine
				  Administrative Procedures Act applicable to adjudicatory hearings. The
				  inspector who issued the order on appeal shall have the burden of proof at the
				  appeal hearing. If the board upholds the order of correction, it shall
				  prescribe the time for compliance. The licensee may appeal the board's decision
				  by filing a petition for review in Superior Court in accordance with
				   5 MRSA
				  §11001 et seq. within 30 days after
				  receipt of the written decision.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 370 - LICENSING - COMPLAINTS AND INVESTIGATIONS › Section 385-370-8 - Noncompliance With Order of Correction

Current through 2024-29, July 17, 2024
If a licensee fails to timely respond to or timely comply
				  with an order of correction, the Executive Director may present the complaint
				  to the board for disciplinary action as described in the Administrative
				  Complaint Procedures followed by the Department of Professional and Financial
				  Regulation, Office of Licensing and Registration.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 370 - LICENSING - COMPLAINTS AND INVESTIGATIONS › Section 385-370-9 - Allegation of Class Defects

Current through 2024-29, July 17, 2024
Notwithstanding the provisions of this chapter, a proceeding
				  by the board alleging that a defect or noncompliance may exist in a class of
				  manufactured homes shall follow the procedure set forth in
				  24
				  CFR §
										3282.407 and Chapter 110, Subpart
				  C, Section III(C) of the board's rules, entitled "State Certification of
				  Manufactured Housing - Authority."
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 380 - LICENSING - ADOPTION OF CODES AND STANDARDS › Section 385-380-2 - Manufacturing Standards

Current through 2024-29, July 17, 2024
A.
HUD Code
				Homes
- Manufactured housing as defined in
				10M.R.S.
				§9002(7)(A) must be
				manufactured in compliance with Department of Housing and Urban Development, 24
				CFR Part 3280, entitled "Manufactured Home Construction and Safety
				Standards".
B.
Modular
				Homes
- Manufactured housing as defined in
				10M.R.S.
				§9002(7)(B) must be
				manufactured in compliance with Chapter 110, of the Board's rules, entitled
				"State Certification of Modular Homes".
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 380 - LICENSING - ADOPTION OF CODES AND STANDARDS › Section 385-380-2-A - Radon Mitigation

Current through 2024-29, July 17, 2024
A.
HUD Code
				and pre-HUD Code Homes
- No radon mitigation or radon mitigation
				preparation is required in the manufacture or installation of manufactured
				housing as defined in
				 10 MRSA §9002(7)(A)
				and (C).
B.
State Certified Manufactured
				Housing
- State-certified manufactured housing as defined in
				 10 MRSA
				§9002(7)(B) shall be
				manufactured in compliance with the radon mitigation preparation standard
				contained in Chapter 110, Part 1, Subpart B, Section I-B of the board's
				rules.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 380 - LICENSING - ADOPTION OF CODES AND STANDARDS › Section 385-380-3 - Radon Mitigation

Current through 2024-29, July 17, 2024
A.
HUD Code
				and pre-HUD Code Homes
- No radon mitigation or radon mitigation
				preparation is required in the manufacture or installation of manufactured
				housing as defined in
				10M.R.S. §9002(7)(A)
				and (C).
B.
State Certified Manufactured
				Housing
- State-certified manufactured housing as defined in
				10M.R.S.
				§9002(7)(B) shall be
				manufactured in compliance with the radon mitigation preparation standard
				contained in Chapter 110, Section 10(1)(J) of the Board's rules.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 380 - LICENSING - ADOPTION OF CODES AND STANDARDS › Section 385-380-4 - Installation Standards

Current through 2024-29, July 17, 2024
A.
State
				Certified Manufactured Housing
- Manufactured Housing as defined in
				10 M.R.S.
				§9002(7)(B).
State-certified manufactured housing shall be installed in
				  accordance with Chapter 110, of the Board's rules, entitled "State
				  Certification of Modular Homes".
B. Manufactured Housing as defined in
				 10M.R.S. §9002(7)(A)
				and (C) shall be installed in accordance with
				one or more of the following standards:
1.
				Manufacturer's installation instructions;
2. Installation methods approved by the Board
				in Chapter 890 of the Board'srules, entitled "Manufactured Home Installation
				Standards";
3. Installations
				approved by a registered engineer or architect; and
4. Manufacturer's instruction as approved by
				the Design Approval Primary Inspection Agency.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 380 - LICENSING - ADOPTION OF CODES AND STANDARDS › Section 385-380-5 - Availability of 24 CFR Part 3280

Current through 2024-29, July 17, 2024
Title 24 CFR Part 3280 may be purchased from:
U.S. Government Printing Office
Superintendent of Documents
PO Box 371954
Philadelphia, PA15250-7954
Telephone: (866) 522-1800
Website:
http://www.gpoaccess.gov/cfr/index.html
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 381 - HOME INSTALLATION WARRANTY SEAL › Section 385-381-1 - Purchase and Affixation of Installation Warranty Seal

Current through 2024-29, July 17, 2024
The installer, mechanic, dealer (when the dealer is
				  responsible for the installation) or manufacturer (when the manufacturer is
				  responsible for the installation), shall purchase and affix a completed State
				  of Maine Installation Warranty Seal to each home installed. The installing
				  licensee shall pay the the fee for each seal set forth in Chapter 10, Section
				  4(22) of the rules of
				  the Office of Licensing and Registration, entitled "Establishment of License
				  Fees."
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 381 - HOME INSTALLATION WARRANTY SEAL › Section 385-381-2 - Location of Seal

Current through 2024-29, July 17, 2024
Each manufactured home installed after January 1, 1998 shall
				  have a State of Maine Installation Warranty Seal displayed inside a kitchen
				  cabinet or, in the absence of kitchen cabinets, inside the closet nearest the
				  kitchen area.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 381 - HOME INSTALLATION WARRANTY SEAL › Section 385-381-3 - Requests for Seals; Fees

Current through 2024-29, July 17, 2024
The licensee that is responsible for the installation shall
				  request the Installation Warranty Seals on forms provided by the board. All
				  requests shall include the total price for the seals ordered.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 381 - HOME INSTALLATION WARRANTY SEAL › Section 385-381-4 - The Installation Warranty Seal shall bear at a minimum the following information

Current through 2024-29, July 17, 2024
A. The type of
				manufactured home installed;
B.
				Serial number and HUD label number, if applicable;
C. State seal number;
D. Maine sales tax number;
E. Dealer's name;
F. Installer's name, address, telephone
				number, and license number;
G. Date
				of installation;
H. Name of
				purchaser;
I. Physical address of
				the installation site; and
J.
				Signature of the licensee that is responsible for the installation.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 680 - STATE ADMINISTRATIVE AGENCY - ADMINISTRATION AND RESPONSIBILITIES › Section 385-680-1 - ADMINISTRATION

Current through 2024-29, July 17, 2024
The Commissioner of the Department of Professional and
				  Financial Regulation is responsible for administering the State Administrative
				  Agency program. The Commissioner may upon appropriate notice discontinue
				  participation in the Federal enforcement program as a state administrative
				  agency for this state.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 680 - STATE ADMINISTRATIVE AGENCY - ADMINISTRATION AND RESPONSIBILITIES › Section 385-680-2 - MAINE STATE ADMINISTRATIVE AGENCY RESPONSIBILITIES

Current through 2024-29, July 17, 2024
For the purposes in carrying out the state plan for
				  compliance and enforcement of this chapter, the Department adopts the Federal
				  Manufactured Housing Construction and Safety Standards Act of 1974,
				  42 United States Code
				  5401, et seq., Part 3280, including
				  amendments as of July 13 and October 25, 1994 and Part 3282 Manufactured Homes
				  Procedural and Enforcement Regulations, including amendments as of April 6,
				  1979 and June 29, 1982, which are incorporated herein by
				  reference.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 690 - STATE ADMINISTRATIVE AGENCY - MONITORING AND OTHER FEES › Section 385-690-1 - Label Fees

Current through 2024-29, July 17, 2024
THERE SHALL BE A FEE PAID BY EACH MANUFACTURER IN THIS STATE
				  FOR EACH SECTION OF A HUD-CODE MANUFACTURED HOME PRODUCED. THE SECRETARY
				  (PURSUANT TO
				  24 CFR
				  3282.307 OF THE MANUFACTURED HOMES PROCEDURAL
				  AND ENFORCEMENT REGULATIONS) SHALL ESTABLISH AND COLLECT A MONITORING
				  INSPECTION FEE. THE SECRETARY SHALL DISTRIBUTE THE FEES COLLECTED FROM ALL
				  MANUFACTURERS BASED ON THE NUMBER OF NEW HOMES WHOSE FIRST LOCATION AFTER
				  LEAVING THE MANUFACTURING PLANT IS ON THE PREMISES OF A DISTRIBUTOR, RETAILER,
				  DEALER, OR PURCHASER IN THE STATE OF MAINE.
(a) There shall be a fee of $2.50 for each
				section of a home produced in the State of Maine.
(b) There shall be a fee of $9.00 for each
				section of a new home whose first location after leaving the manufacturing
				plant produced and has the State of Maine as its destination.
Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 385 - MANUFACTURED HOUSING BOARD › Chapter 690 - STATE ADMINISTRATIVE AGENCY - MONITORING AND OTHER FEES › Section 385-690-2 - Additional Inspection Fees

Current through 2024-29, July 17, 2024
TO DEFRAY THE COSTS OF THE STATE OF MAINE IN ADMINISTERING
				  THE PROGRAM FOR HOMES THAT HAVE BEEN DESIGNED, CONSTRUCTED AND INSPECTED IN
				  ACCORDANCE WITH THE MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS, A FEE
				  WILL BE ASSESSED. THE ASSESSMENT WILL BE IN THE FORM OF A STATE OF MAINE
				  WARRANTY SEAL.
(a) Each home
				manufactured after July 1, 1992 shall have a STATE OF MAINE WARRANTY
				CERTIFICATION SEAL displayed on the inside of a kitchen cabinet door.
(b) The manufacturer shall request the
				Warranty Seals on forms provided by the Board. All requests will include the
				total price of the seals ordered. The manufacturer may delegate the actual
				attachment of the seals to the home to the retailer.
(c) The manufacturer shall report the
				distribution on forms provided by the Board.
The Seal shall bear at least the following
				  information:
WARRANTY CERTIFICATION
STATE OF MAINE NEW MANUFACTURED HOME WARRANTY
MHB 00000
This SEAL remains the
property of
THE STATE OF MAINE
MANUFACTURED HOUSING BOARD
This seal verifies that pursuant to State of Maine law (
				   10 M.R.S.A.
				  Section1404 ) both the home manufacturer and
				  dealer certify to the best of their knowledge that the new home is free from
				  substantial defects in materials and workmanship. This State of Maine Warranty
				  is in addition to any other express warranty provided by the manufacturer or
				  dealer and other warranty created by state or federal law, including the
				  implied warranties of merchantability and fitness for specific purposes (
				   11
				  M.R.S.A. Section2-315(5).
				  The manufacturer or dealer shall not require the buyer to waive any of the
				  rights provided by this warranty.
The manufacturer and dealer are jointly and severably liable
				  to the purchaser for the fulfillment of the terms of the warranty. The retailer
				  of this home is required to provide a copy of the State of Maine Manufactured
				  home warranty law. If you have a problem with your home, you should contact
				  your dealer. If the problem is not resolved by the dealer then contact the
				  manufacturer. If for some reason you are still not able to resolve the problem,
				  you can contact the DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION,
				  MANUFACTURED HOUSING BOARD, 35 STATE HOUSE STATION, AUGUSTA, MAINE 04333,
				  telephone (207) 624-8603.