New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1210 - Manufactured Homes › Section 1210.3 - Certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Certification.
				On and after July 1, 2006, no person or business entity shall manufacture any
				manufactured home outside the State of New York for sale into the State of New
				York, or manufacture, sell (other than in a non-retail sale), install, or
				service any manufactured home in the State of New York, unless such person or
				business entity has obtained the appropriate certification from the Department
				of State pursuant to article 21-B.
(b) Presence of certified installer during
				installation. On and after July 1, 2006, no manufactured home shall be
				installed in the State of New York unless at least one person certified by the
				Department of State as an installer is present at the home site during the
				installation. The presence of a person holding a limited certificate issued
				pursuant to section
				1210.6(f)
				(Standards for certification as an installer) of this Part at the home site
				during the installation shall be deemed to satisfy this requirement if, but
				only if, such person was acting within the scope of his or her employment by
				the employer named in such person's limited certificate during such
				installation. The presence of a person holding an owner-occupant installer
				certificate at the home site during the installation shall be deemed to satisfy
				this requirement only in connection with the installation of the manufactured
				home which is identified in such owner-occupant installer certificate and which
				is or is to be owned and occupied by the person holding such owner-occupant
				installer certificate.
(c) Presence
				of certified installer or mechanic during service. On and after July 1, 2006,
				no manufactured home shall be serviced in the State of New York unless at least
				one person certified by the Department of State as an installer or as a
				mechanic is present at the home site during the service. The presence of a
				person holding a limited certificate issued pursuant to section
				1210.6(f)
				(Standards for certification as an installer) or 1210.7(f) (Standards for
				certification as a mechanic) of this Part at the home site during the service
				shall be deemed to satisfy this requirement if, but only if, such person was
				acting within the scope of his or her employment by the employer named in such
				person's limited certificate during such service. The presence of a person
				holding an owner-occupant installer certificate at the home site during the
				installation shall not be deemed to satisfy this requirement. Notwithstanding
				the foregoing, an owner occupant shall be permitted to service a manufactured
				home owned and occupied by such owner-occupant without the need for
				certification as an installer or a mechanic.
(d) Applicant to satisfy standards for
				certification. An applicant for certification as a manufacturer, retailer,
				installer, or mechanic must establish to the satisfaction of the Department of
				State that the applicant satisfies the standards for certification as set forth
				in section
				1210.4 (Standards for
				certification as a manufacturer), 1210.5 (Standards for certification as a
				retailer), 1210.6 (Standards for certification as an installer), or 1210.7
				(Standards for certification as a mechanic) of this Part, as
				applicable.
(e) Application for
				certification. An application for certification as a manufacturer, retailer,
				installer, or mechanic shall be in writing, shall be submitted on a form
				provided by or otherwise acceptable to the Department of State, and shall be
				accompanied by the appropriate application fee set forth in section
				1210.19(Fees) of
				this Part. If the applicant is a business entity, the applicant shall submit
				proof establishing to the satisfaction of the Department of State that the
				applicant has been duly formed under the laws of the State of New York (or, if
				applicable, that the applicant has been duly formed under the laws of another
				jurisdiction and has qualified to do business in the State of New York), and
				that the applicant is in existence and has full authority to do business in the
				State of New York. If the applicant does business under an assumed name, the
				applicant shall submit proof establishing to the satisfaction of the Department
				of State that the applicant has satisfied the requirements of section 130  of
				the General Business Law. In addition, any person or business entity applying
				for certification shall provide such additional information and documentation
				as may be requested from time to time by the Department of State. An
				application shall not be deemed to be complete until the applicant has provided
				all additional information and documentation that may be so
				requested.
(f) Denial of
				application. The Department of State shall, before making a final determination
				to deny an application for a certification, notify the applicant in writing of
				the reasons for such proposed denial and shall afford the applicant an
				opportunity to be heard, in person or by counsel, prior to denial of the
				application. Such notification shall be served by first class mail, by
				certified mail (return receipt requested), or in any manner authorized by the
				Civil Practice Law and Rules for service of a summons. If the applicant fails
				to make a written request for a hearing within 35 days after receipt of such
				notification, then the notification of denial shall become the final
				determination of the Department of State. If the applicant does make a written
				request for a hearing within such 35-day period, a hearing shall be conducted
				at such time and place as the Department of State shall prescribe and in
				accordance with the provisions of Part 400 of this Title. For the purposes of
				applying Part 400 of this Title to any such proceeding, the term license shall
				be deemed to include a certification.
(g) Registry. The Department of State shall
				maintain the registry contemplated by subdivision (1) of section 604  of the
				Executive Law. Such registry shall include information related to
				manufacturers, retailers, installers, and mechanics, and shall be accessible by
				the public.
(h) Cooperation. Each
				person or business entity certified pursuant to article 21-B shall cooperate
				with any investigation made by the Department of State or by any representative
				of the Department of State regarding the conduct of such person or business
				entity or of any employee or representative of such person or business entity,
				and with any investigation by the Department of State or by any representative
				of the Department of State regarding any complaint filed under section
				1210.18 (Resolution of disputes)
				of this Part.