reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1208 - Uniform Code: Training of Staff › Subpart 1208-5 - Miscellaneous Provisions › Section 1208-5.2 - List of certified building safety inspectors and certified code enforcement officials

Current through Register Vol. 46, No. 28, July 10, 2024
The Department shall maintain a list of certified building
					 safety inspectors and certified code enforcement officials, and may post such
					 list on the Department's website. Such list may include the name of each
					 certified building safety inspector and certified code enforcement official,
					 his or her level of certification, and, if applicable, the local government,
					 county, or state agency that employs such certified building safety inspector
					 or certified code enforcement official, together with such other information as
					 the Department may determine to be relevant. The Secretary may omit from such
					 website list any certified building safety inspector or certified code
					 enforcement official who has failed to maintain his or her certification in the
					 manner specified in this Part, or whose certification has been designated as
					 inactive or has been revoked.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1208 - Uniform Code: Training of Staff › Subpart 1208-5 - Miscellaneous Provisions › Section 1208-5.3 - Effective date

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall take effect on January 1, 2015. Thereafter,
					 the provisions of this Part shall supersede any and all inconsistent provisions
					 of Part 426.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1208 - Uniform Code: Training of Staff › Subpart 1208-5 - Miscellaneous Provisions › Section 1208-5.4 - Transitional provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Persons who completed the basic training program required by Part 434 prior to
				  December 31, 2014. A person who:
(1)
				  successfully completed the basic training program for code enforcement
				  personnel described in Part 434 at any time prior to December 31, 2014 and
				  successfully completed any required advanced in-service training, or
(2) successfully completed the basic training
				  program described in Part 434 at any time during calendar year 2014, may be
				  certified as a certified code enforcement official. To maintain certification
				  granted pursuant to this subdivision, the person receiving such certification
				  must satisfy the code enforcement official in-service training requirements
				  described in subdivision (c) of section
				  1208-3.3 of this Part for each
				  calendar year, starting with calendar year 2015 and continuing every calendar
				  year thereafter, and any and all code enforcement official advanced in-service
				  training requirements made applicable pursuant to section
				  1208-3.4 of this Part.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1208 - Uniform Code: Training of Staff › Subpart 1208-5 - Miscellaneous Provisions › Section 1208-5.5 - Nationally Recognized Certification Alternatives

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Nationally Recognized Certification
				  Alternatives to Building Safety Inspector Basic Training.
(1) A person may be certified as a certified
				  building safety inspector if they:
(i) possess
				  a current nationally recognized certification approved by the secretary, or
				  their designee, as an equivalent to the basic training program included in
				  section 1208-3.2(b) of
				  this Part; and
(ii) have
				  successfully taken and passed the New York State Code Enforcement Principles
				  and Practice Exam as identified in subdivision (c) of this section.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1208 - Uniform Code: Training of Staff › Subpart 1208-6 - SUSPENSION OR REVOCATION OF CERTIFICATIONS › Section 1208-6.1 - Introduction, purpose, and definition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Introduction and purpose. Section 376-a 
				  of the Executive Law was amended by Chapter 468 of the Laws of 2017. The
				  amendments included the addition of new provisions that authorize the Secretary
				  to promulgate rules and regulations with respect to the revocation or
				  suspension of the certification of any code enforcement personnel found after a
				  hearing to have "materially failed to uphold duties of a code enforcement
				  officer, including but not limited to, making material errors or omissions on
				  an inspection report." This Subpart implements those new provisions.
(b) Definition. In this Subpart, the term
				  "authority having jurisdiction" shall mean any city, town, village, county,
				  State agency, or other governmental unit or agency charged with or otherwise
				  accountable or responsible for administration and enforcement of the Uniform
				  Code and/or Energy Code.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1208 - Uniform Code: Training of Staff › Subpart 1208-6 - SUSPENSION OR REVOCATION OF CERTIFICATIONS › Section 1208-6.2 - Suspension or revocation

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  General. The secretary may suspend or revoke the certification of a building
				  safety inspector or code enforcement official if the administrative law judge
				  conducting a hearing pursuant to section
				  1208-6.5 of this Subpart finds,
				  after such hearing, that such building safety inspector or code enforcement
				  official has materially failed to uphold his or her code enforcement
				  duties.
(b) Material failure to
				  uphold code enforcement duties - building safety inspector. For the purposes of
				  this Subpart, a building safety inspector shall be deemed to have materially
				  failed to uphold his or her code enforcement duties if he or she:
(1) fails to note one or more serious
				  violations of the Uniform Code on an inspection report relating to a fire
				  safety and/or property maintenance inspection, provided that such violations
				  are of a type that should have been observed by a certified building safety
				  inspector exercising reasonable care in the performance of the
				  inspection;
(2) makes any other
				  material error or omission on an inspection report relating to a fire safety
				  and/or property maintenance inspection, provided that such error or omission is
				  of a type that should not have been made by a certified building safety
				  inspector exercising reasonable care in the performance of the
				  inspection;
(3) demonstrates, by
				  act or omission, willful misconduct, gross negligence, or gross incompetence in
				  the performance of his or her code enforcement activities;
(4) performs any code enforcement activity
				  other than fire safety and/or property maintenance inspections of existing
				  buildings; or
(5) performs any code
				  enforcement activity at a time when his or her certification is inactive or
				  suspended.
For the purposes of paragraphs (1) and (2) of this
					 subdivision, the term "certified building safety inspector" shall have the
					 meaning ascribed to that term by section
					 1208-1.2(c) of
					 this Part.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1208 - Uniform Code: Training of Staff › Subpart 1208-6 - SUSPENSION OR REVOCATION OF CERTIFICATIONS › Section 1208-6.3 - Complaints

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General. A
				  complaint alleging that a building safety inspector or code enforcement
				  official has materially failed to uphold his or her code enforcement duties may
				  be submitted to the department. Any such complaint must:
(1) be in writing on a form provided by or
				  otherwise acceptable to the department;
(2) identify the building safety inspector or
				  code enforcement official who is alleged to have materially failed to uphold
				  his or her duties (such a building safety inspector or code enforcement
				  official being hereinafter referred to as the "subject person");
(3) identify the authority having
				  jurisdiction that employs or otherwise uses the services of the subject
				  person;
(4) include a statement of
				  the acts or omissions of the subject person that are alleged by the complainant
				  to constitute a material failure to uphold the subject person's code
				  enforcement duties;
(5) include the
				  complainant's agreement to cooperate with any investigation conducted by the
				  department and/or by any authority having jurisdiction;
(6) include the complainant's name, address,
				  and contact information; and
(7) be
				  signed by the complainant.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1208 - Uniform Code: Training of Staff › Subpart 1208-6 - SUSPENSION OR REVOCATION OF CERTIFICATIONS › Section 1208-6.4 - Investigations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Investigation
				  of complaints.
(1) If the department
				  determines that a complaint submitted pursuant to section
				  1208-6.3 of this Subpart states,
				  on its face, an allegation that the subject person has materially failed to
				  uphold his or her code enforcement duties, the department shall:
(i) investigate such complaint in such manner
				  as the department deems appropriate, and/or
(ii) refer such complaint to the authority
				  having jurisdiction that employs or otherwise uses the services of the subject
				  person; require such authority having jurisdiction to investigate the complaint
				  and to submit a written report of such investigation to the department; and
				  provide such authority having jurisdiction with instructions regarding the
				  conduct of such investigation and the submission of such report.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1208 - Uniform Code: Training of Staff › Subpart 1208-6 - SUSPENSION OR REVOCATION OF CERTIFICATIONS › Section 1208-6.5 - Hearings and determinations

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Referral to Office of Administrative Hearings. The department may refer the
				  question of whether a building safety inspector or code enforcement official
				  did or did not materially fail to uphold his or her code enforcement duties to
				  the department's Office of Administrative Hearings. Upon such referral, an
				  administrative law judge in the Office of Administrative Hearings shall conduct
				  a hearing and shall render a decision in writing.
(b) Hearing. The hearing shall be conducted
				  in accordance with the provisions of Article 3 of the State Administrative
				  Procedure Act and Part 400 of this Title that are applicable to proceedings to
				  suspend or revoke a license. For that purpose, in any provision of Article 3 of
				  the State Administrative Act or Part 400 of this Title (including but not
				  necessarily limited to section
				  400.4(a) of Part
				  400) that is applicable to proceedings to suspend or revoke a license, the term
				  "license" shall be deemed to include a certification as a building safety
				  inspector or code enforcement official issued pursuant to any provision of this
				  Part. However, nothing in this section or elsewhere in this Part shall be
				  construed as categorizing any certification issued pursuant to this Part as a
				  "license" for the purposes of any provision of the State Administrative
				  Procedure Act or Part 400 of this Title (including but not necessarily limited
				  to section
				  400.4(b) and
				  section 400.13(b) of Part
				  400) that is applicable to a determination to deny an application for a license
				  or for renewal of a license.
(c)
				  Decision. The decision shall include findings of fact and conclusions of law or
				  reasons for the decision, determination, or order. If the administrative law
				  judge finds that the building safety inspector or code enforcement official did
				  materially fail to uphold his or her code enforcement duties, the
				  administrative law judge shall:
(1) suspend
				  the certification of such building safety inspector or code enforcement
				  official for such period of time, and subject to such terms and conditions, as
				  the administrative law judge may deem to be appropriate, or
(2) revoke the certification of such building
				  safety inspector or code enforcement official.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1208 - Uniform Code: Training of Staff › Subpart 1208-6 - SUSPENSION OR REVOCATION OF CERTIFICATIONS › Section 1208-6.6 - Consent to jurisdiction and service

Current through Register Vol. 46, No. 28, July 10, 2024
Each person who has performed or hereafter performs any
					 enforcement activity on behalf of any authority having jurisdiction shall be
					 deemed to have consented to:
(a) the
				  jurisdiction of the department and the department's Office of Administrative
				  Hearings for the purpose of proceedings to suspend or revoke certifications
				  pursuant to this Subpart, and
(b)
				  service of notices of hearing, determinations, and other papers in such
				  proceedings by certified mail, return receipt requested, or regular first-class
				  mail directed to such person at the address of such person last known to the
				  department, or in any manner authorized by the Civil Practice Law and Rules or
				  any other applicable law.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1208 - Uniform Code: Training of Staff › Subpart 1208-6 - SUSPENSION OR REVOCATION OF CERTIFICATIONS › Section 1208-6.7 - Persons performing enforcement activities pursuant to section 1208-2.2(b) of this Part

Current through Register Vol. 46, No. 28, July 10, 2024
Section
					 1208-2.2(b)(1),
					 (2), and (4) of this Part authorize certain
					 persons who have not satisfied the training requirements specified in this Part
					 to perform certain enforcement activities, subject to the terms and conditions
					 specified in those sections. For the purposes of this Subpart, any authority to
					 perform enforcement activities given to a person under section
					 1208-2.2(b)(1),
					 (2), or (4) of this Part shall be deemed to
					 be a certification. If a person having such authority materially fails to
					 uphold his or her code enforcement duties, such authority shall be subject to
					 suspension or revocation pursuant to this Subpart.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1208 - Uniform Code: Training of Staff › Subpart 1208-6 - SUSPENSION OR REVOCATION OF CERTIFICATIONS › Section 1208-6.8 - Inactive certifications

Current through Register Vol. 46, No. 28, July 10, 2024
If a person whose certification has been designated as
					 inactive pursuant to section
					 1208-3.5 of this Part materially
					 fails to uphold his or her code enforcement duties, whether before or after
					 such designation, such person's certification shall be subject to suspension or
					 revocation pursuant to this Subpart. However:
(a) nothing in this section shall be
				  construed as amending, or creating an exception to, the definitions of the
				  terms "certified building safety inspector" and "certified code enforcement
				  official, and a person whose certification has been designated as inactive is
				  not a "certified building safety inspector" (as defined in 1208-1.2(c) of this
				  Part) or a "certified building safety inspector" (as defined in section
				  1208-1.2(d) of
				  this Part); and
(b) nothing in this
				  section shall be construed as amending, or otherwise limiting or impairing, the
				  provisions of section
				  1208-2.2(a) of
				  this Part, and it is a violation of the minimum standard set forth in section
				  1208-2.2(a) of
				  this Part for an authority having jurisdiction to allow a person whose
				  certification has been designated as inactive to perform enforcement
				  activities.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1208 - Uniform Code: Training of Staff › Subpart 1208-6 - SUSPENSION OR REVOCATION OF CERTIFICATIONS › Section 1208-6.9 - Other suspension / revocation provisions

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Subpart are in addition to, and not
					 in substitution for or limitation of, the provisions of section
					 1208-3.5(b) of
					 this Part.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1209 - Regulations And Fees For Factory Manufactured Homes › Section 1209.2 - Administration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The presence of
				the insignia of approval required by Part 1212 of Title 9 NYCRR and prescribed
				in this Part shall be presumptive evidence that the factory-manufactured home
				or component to which the insignia is affixed complies with the provisions of
				the State Uniform Fire Prevention and Building Code applicable to its
				construction.
(b) The installation
				of a factory-manufactured home at a site shall conform to applicable provisions
				of the State Uniform Fire Prevention and Building Code such as those for
				foundations and utility and service connections and to applicable local
				requirements such as height, bulk, area and site development restrictions. The
				installation shall be subject to the permitting, inspection, and approval of
				the agency or agencies charged with the enforcement of such laws.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1209 - Regulations And Fees For Factory Manufactured Homes › Section 1209.4 - Application fees

Current through Register Vol. 46, No. 28, July 10, 2024
The following filing and application fees shall be paid to
				  the division by the manufacturer:
(a)
				Plan filing. Fifty dollars for each application for plan approval.
(b) Supplemental plan filing fee. Fifty
				dollars for each supplemental plan request.
(c) Plan checking fee--initial approval.
(1) One thousand dollars for each model
				designed for use as a single family dwelling; or for a dwelling unit for use as
				part of a multiple dwelling.
(2)
				Fifteen hundred dollars for each model designed for use as a two family
				dwelling.
(3) Five hundred dollars
				for a sleeping room, with or without bathrooms, not part of a dwelling unit
				(i.e., hotel sleeping rooms).
(4)
				Five hundred dollars for each component designed for use as a kitchen, bathroom
				or combination thereof; or a component that is not part of paragraphs (1) to
				(3) of this subdivision.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1209 - Regulations And Fees For Factory Manufactured Homes › Section 1209.5 - Insignia of approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Form.
				Prior to shipment from the factory, each factory manufactured home, model and
				component manufactured pursuant to these regulations shall have securely
				attached thereto, in a visible location as shown on the approved plans, an
				insignia of approval containing the following information:
(1) insignia serial number;
(2) name of manufacturer;
(3) plan approval number;
(4) model or component designation;
(5) manufacturer's serial number;
				and
(6) date of manufacture.
The division shall imprint the information required by
				  paragraphs (1), (2), (3) and (4) of this subdivision prior to issuance. The
				  information required by paragraphs (5) and (6) of this subdivision shall be
				  imprinted by the manufacturer prior to affixing the insignia of
				  approval.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1209 - Regulations And Fees For Factory Manufactured Homes › Section 1209.6 - Insignia of approval fees

Current through Register Vol. 46, No. 28, July 10, 2024
The following fees for insignia of approval shall be paid to
				  the division by the manufacturer. Insignia of approval will be issued in lots
				  of not less than five:
(a) one hundred
				and twenty-five dollars for each insignia of approval for each one- or two-
				family dwelling;
(b) thirty-seven
				dollars and fifty cents for any one unit, model, component or combination
				thereof;
(c) one insignia of
				approval shall be required for:
(1) each one-
				or two-family dwelling;
(2) each
				dwelling unit in a multiple dwelling (B1, B3 and B4 occupancies);
(3) each sleeping room in a multiple dwelling
				(B2 occupancy), with or without bath; and
(4) each component that does not fit into a
				description above;
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1210 - Manufactured Homes › Section 1210.1 - Purpose and applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Purpose. Article 21-B of the Executive Law (Executive Law, sections 600, et
				seq.) provides for the initial training, certification, and continuing
				education of manufacturers, retailers, installers, and mechanics of
				manufactured homes, establishes procedures for the resolution of disputes
				relating to manufactured homes, and otherwise implements the provisions of the
				Federal Manufactured Housing Improvement Act of 2000 (PL 106-569). This
				Part implements the provisions of article 21-B of the Executive Law.
(b) Applicability. This Part applies to
				manufactured homes; to persons and business entities engaged in the
				manufacture, sale, installation and service of manufactured homes; to
				purchasers of manufactured homes; to resolution of disputes relating to
				manufactured homes; and to other matters that are subject to article 21-B of
				the Executive Law. The term manufactured home is defined in article 21-B of the
				Executive Law as follows: a structure, transportable in one or more sections,
				which, in the traveling mode, is eight body feet or more in width or 40 body
				feet or more in length, or, when erected on site, is 320 or more square feet,
				and which is built on a permanent chassis and designed to be used as a dwelling
				with or without a permanent foundation when connected to the required
				utilities, and includes the plumbing, heating, air-conditioning, and electrical
				systems contained therein. The term shall include any structure that meets all
				of the requirements of this subdivision except the size requirements and with
				respect to which the manufacturer voluntarily files a certification required by
				the United States Secretary of Housing and Urban Development and complies with
				the standards established under title 42 of the United States Code; and except
				that such term shall not include any self-propelled recreational
				vehicle.
(c) Modular homes. This
				Part does not apply to "factory manufactured homes" (factory manufactured homes
				being commonly referred to as "modular homes"). Part 1209 of this Title (19
				NYCRR sections
				1209.1, et seq.) applies to
				factory manufactured homes. The term factory manufactured home is defined in
				Part 1209 of this Title as follows: a structure designed primarily for
				residential occupancy, constructed by a method or system of construction
				whereby the structure or its components are wholly or in substantial part
				manufactured in manufacturing facilities, intended or designed for permanent
				installation, or assembly and permanent installation, on a building
				site.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1210 - Manufactured Homes › Section 1210.4 - Standards for certification as a manufacturer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) HUD approval. A person or business entity
				applying for certification as a manufacturer must be approved by the United
				States Department of Housing and Urban Development to construct manufactured
				homes. A person or business entity certified by the Department of State as a
				manufacturer must continue to be so approved by the United States Department of
				Housing and Urban Development at all times such certification is in
				effect.
(b) Financial
				responsibility requirements. A person or business entity applying for
				certification as a manufacturer must submit to the Department of State an
				acceptable deposit account control agreement evidencing a deposit account
				having a balance of not less than $50,000, an acceptable letter of credit in
				the sum of $50,000, or an acceptable surety bond in the principal amount of
				$50,000. Such acceptable deposit account control agreement, acceptable letter
				of credit, or acceptable surety bond may be submitted with the application for
				certification, or within a reasonable time after the applicant receives
				notification that the application has been approved; provided, however, that
				the certification shall not be issued until such acceptable deposit account
				control agreement, acceptable letter of credit, or acceptable surety bond shall
				have been received by the Department of State. A person or business entity
				certified by the Department of State as a manufacturer must maintain an
				acceptable deposit account control agreement (and the deposit account evidenced
				thereby), an acceptable letter of credit, or an acceptable surety bond in full
				force and effect:
(1) at all times while such
				certification is in effect;
(2) at
				all times while such certification is suspended; and
(3) at all times following the expiration or
				revocation of such certification until the expiration of the time during which
				any homeowner could file a complaint under section
				1210.18 (Resolution of disputes)
				of this Part pertaining to any manufactured home manufactured, sold, installed,
				or serviced by such certificate holder, and, if any such complaint is filed,
				until such time such complaint is resolved. For the purpose of this paragraph,
				a complaint that results in the making of an article 21-B order or article 21-B
				judgment against the certificate holder shall not be deemed to be resolved
				until such article 21-B order or article 21-B judgment shall have been
				satisfied, and a complaint that is resolved at the administrative level in
				favor of such certificate holder shall not be deemed to be resolved until the
				time for taking an appeal therefrom shall have expired, with no such appeal
				having been filed.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1210 - Manufactured Homes › Section 1210.5 - Standards for certification as a retailer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Financial responsibility requirements.
				Except as otherwise provided in subdivision (d) or (e) of this section:
(1) a person or business entity applying for
				certification as a retailer must submit to the Department of State an
				acceptable deposit account control agreement evidencing a deposit account
				having a balance of not less than $25,000, an acceptable letter of credit in
				the sum of $25,000, or an acceptable surety bond in the principal amount of
				$25,000;
(2) such acceptable
				deposit account control agreement, acceptable letter of credit, or acceptable
				surety bond may be submitted with the application for certification, or within
				a reasonable time after the applicant receives notification that the
				application has been approved; provided, however, that the certification shall
				not be issued until such acceptable deposit account control agreement,
				acceptable letter of credit, or acceptable surety bond shall have been received
				by the Department of State; and
(3)
				a person or business entity certified by the Department of State as a retailer
				must maintain an acceptable deposit account control agreement (and the deposit
				account evidenced thereby), an acceptable letter of credit, or an acceptable
				surety bond in full force and effect:
(i) at
				all times while such certification is in effect;
(ii) at all times while such certification is
				suspended; and
(iii) at all times
				following the expiration or revocation of such certification until the
				expiration of the time during which any homeowner could file a complaint under
				section 1210.18 (Resolution of disputes)
				of this Part pertaining to any manufactured home manufactured, sold, installed,
				or serviced by such certificate holder, and, if any such complaint is filed,
				until such time such complaint is resolved. For the purpose of this paragraph,
				a complaint that results in the making of an article 21-B order or article 21-B
				judgment against the certificate holder shall not be deemed to be resolved
				until such article 21-B order or article 21-B judgment shall have been
				satisfied, and a complaint that is resolved at the administrative level in
				favor of such certificate holder shall not be deemed to be resolved until the
				time for taking an appeal therefrom shall have expired, with no such appeal
				having been filed.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1210 - Manufactured Homes › Section 1210.6 - Standards for certification as an installer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Financial responsibility requirements.
				Except as otherwise provided in subdivision (f), (g) or (h) of this section:
(1) a person or business entity applying for
				certification as an installer must submit to the Department of State an
				acceptable deposit account control agreement evidencing a deposit account
				having a balance of not less than $10,000, an acceptable letter of credit in
				the sum of $10,000, or an acceptable surety bond in the principal amount of
				$10,000;
(2) such acceptable
				deposit account control agreement, acceptable letter of credit, or acceptable
				surety bond may be submitted with the application for certification, or within
				a reasonable time after the applicant receives notification that the
				application has been approved; provided, however, that the certification shall
				not be issued until such acceptable deposit account control agreement,
				acceptable letter of credit, or acceptable surety bond shall have been received
				by the Department of State; and
(3)
				a person or business entity certified by the Department of State as an
				installer must maintain an acceptable deposit account control agreement (and
				the deposit account evidenced thereby), an acceptable letter of credit, or an
				acceptable surety bond in full force and effect:
(i) at all times while such certification is
				in effect;
(ii) at all times while
				such certification is suspended; and
(iii) at all times following the expiration
				or revocation of such certification until the expiration of the time during
				which any homeowner could file a complaint under section
				1210.18 (Resolution of disputes)
				of this Part pertaining to any manufactured home manufactured, sold, installed,
				or serviced by such certificate holder, and, if any such complaint is filed,
				until such time such complaint is resolved. For the purpose of this paragraph,
				a complaint that results in the making of an article 21-B order or article 21-B
				judgment against the certificate holder shall not be deemed to be resolved
				until such article 21-B order or article 21-B judgment shall have been
				satisfied, and a complaint that is resolved at the administrative level in
				favor of such certificate holder shall not be deemed to be resolved until the
				time for taking an appeal therefrom shall have expired, with no such appeal
				having been filed.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1210 - Manufactured Homes › Section 1210.7 - Standards for certification as a mechanic

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Financial responsibility requirements.
				Except as otherwise provided in subdivision (f) or (g) of this section:
(1) a person or business entity applying for
				certification as a mechanic must submit to the Department of State an
				acceptable deposit account control agreement evidencing a deposit account
				having a balance of not less than $5,000, an acceptable letter of credit in the
				sum of $5,000, or an acceptable surety bond in the principal amount of
				$5,000;
(2) such acceptable deposit
				account control agreement, acceptable letter of credit, or acceptable surety
				bond may be submitted with the application for certification, or within a
				reasonable time after the applicant receives notification that the application
				has been approved; provided, however, that the certification shall not be
				issued until such acceptable deposit account control agreement, acceptable
				letter of credit, or acceptable surety bond shall have been received by the
				Department of State; and
(3) a
				person or business entity certified by the Department of State as a mechanic
				must maintain an acceptable deposit account control agreement (and the deposit
				account evidenced thereby), an acceptable letter of credit, or an acceptable
				surety bond in full force and effect:
(i) at
				all times while such certification is in effect;
(ii) at all times while such certification is
				suspended; and
(iii) at all times
				following the expiration or revocation of such certification until the
				expiration of the time during which any homeowner could file a complaint under
				section 1210.18 (Resolution of disputes)
				of this Part pertaining to any manufactured home manufactured, sold, installed,
				or serviced by such certificate holder, and, if any such complaint is filed,
				until such time such complaint is resolved. For the purpose of this paragraph,
				a complaint that results in the making of an article 21-B order or article 21-B
				judgment against the certificate holder shall not be deemed to be resolved
				until such article 21-B order or article 21-B judgment shall have been
				satisfied, and a complaint that is resolved at the administrative level in
				favor of such certificate holder shall not be deemed to be resolved until the
				time for taking an appeal therefrom shall have expired, with no such appeal
				having been filed.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1210 - Manufactured Homes › Section 1210.8 - Recognition of certification or license issued by another state

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Installers. A
				person certified or licensed as an installer by another State within the United
				States, including another State that recognizes certifications issued by the
				United States Department of Housing and Urban Development, will not be required
				to pass the examination referred to in section
				1210.6(e)(1)
				(Standards for certification as an installer) of this Part, provided that:
(1) the requirements for certification or
				licensing as an installer in such other State are comparable to the
				requirements for certification as an installer in the State of New York;
				and
(2) such person otherwise meets
				the qualifications for certification as an installer in the State of New
				York.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1210 - Manufactured Homes › Section 1210.10 - Certified business entity to employ certified person

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A business entity certified by the
				Department of State as a manufacturer shall, at all times such certification
				remains in effect, employ at least one person who is certified by the
				Department of State as a manufacturer, retailer, or installer. Employment of a
				person holding a limited certificate as a manufacturer, retailer, or installer
				shall be deemed to satisfy this requirement. However, employment of a person
				holding an owner-occupant installer certificate shall not be deemed to satisfy
				this requirement.
(b) A business
				entity certified by the Department of State as a retailer shall, at all times
				such certification remains in effect, employ at least one person who is
				certified by the Department of State as a retailer. Employment of a person
				holding a limited certificate as a retailer shall be deemed to satisfy this
				requirement.
(c) A business entity
				certified by the Department of State as an installer shall, at all times such
				certification remains in effect, employ at least one person who is certified by
				the Department of State as an installer. Employment of a person holding a
				limited certificate as an installer shall be deemed to satisfy this
				requirement. However, employment of a person holding an owner-occupant
				installer certificate shall not be deemed to satisfy this
				requirement.
(d) A business entity
				certified by the Department of State as an mechanic shall, at all times such
				certification remains in effect, employ at least one person who is certified by
				the Department of State as an installer or mechanic. Employment of a person
				holding a limited certificate as an installer or mechanic shall be deemed to
				satisfy this requirement. However, employment of a person holding an
				owner-occupant installer certificate shall not be deemed to satisfy this
				requirement.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1210 - Manufactured Homes › Section 1210.11 - Duration of certifications

Current through Register Vol. 46, No. 28, July 10, 2024
Except as otherwise provided in section
				  1210.5(d)
				  (Standards for certification as a retailer), 1210.6(f) (Standards for
				  certification as an installer), 1210.6(h), 1210.7(f) (Standards for
				  certification as a mechanic), or 1210.20 (Suspension and revocation of
				  certifications), a certification issued by the Department of State shall be
				  valid for a term of two years, and a certification renewed pursuant to section
				  1210.12 (Renewal of
				  certifications) of this Part shall be valid for a term of two
				  years.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1210 - Manufactured Homes › Section 1210.12 - Renewal of certifications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				applicant for renewal of a certification as a manufacturer, retailer,
				installer, or mechanic must establish to the satisfaction of the Department of
				State that the applicant continues to satisfy the standards for certification
				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. In
				addition, the applicant must establish to the satisfaction of the Department of
				State that the applicant has satisfied the applicable continuing education
				requirements set forth in section
				1210.13 (Continuing education
				requirements) of this Part.
(b) An
				application for renewal of a 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. In addition, the applicant shall provide such additional information
				and documentation as may be requested from time to time by the Department of
				State. An application for renewal shall not be deemed to be complete until the
				applicant has provided all additional information and documentation that may be
				so requested.
(c) There shall be no
				limit on the number of times a certificate may be renewed pursuant to this
				section; provided, however, that an owner-occupant installer certificate may
				not be renewed.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1210 - Manufactured Homes › Section 1210.14 - Approval of courses

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No course
				may be used to satisfy, in whole or in part, the initial training requirements
				set forth in section
				1210.6 (Standards for
				certification as an installer) or 1210.7 (Standards for certification as a
				mechanic) of this Part, or the continuing education requirements set forth in
				section 1210.13 (Continuing education
				requirements) of this Part, unless:
(1) such
				course is approved by the Department of State pursuant to this section;
				and
(2) such course is provided by:
(i) the Department of State; or
(ii) a private trade association or other
				entity that has been approved by the Department of State as an instructional
				provider pursuant to section
				1210.14 (Approval of instructional
				providers) of this Part.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1210 - Manufactured Homes › Section 1210.15 - Approval of instructional providers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A private trade association or other
				entity applying for approval as an instructional provider must establish to the
				satisfaction of the Department of State that the applicant, and persons
				employed by or affiliated with the applicant, are qualified to provide the
				courses that the applicant intends to provide. An application for approval as
				an instructional provider shall be in writing, shall be submitted to the
				Department of State on a form provided by or otherwise acceptable to the
				Department of State, and shall be accompanied by the appropriate fee set forth
				in section
				1210.19(Fees) of
				this Part. In addition, the applicant 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.
(b) Except as otherwise
				provided in subdivision (c) of this section, approval of an instructional
				provider shall be effective for a period of five years. An application for
				renewal of approval of an instructional provider shall be in writing, shall be
				submitted to the Department of State on a form provided by or otherwise
				acceptable to the Department of State, and shall be accompanied by the
				applicable fee set forth in section
				1210.19(Fees) of
				this Part. In addition, the applicant 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.
(c) The Department of
				State may revoke approval of any instructional provider, or deny the renewal of
				approval of any instructional provider, if:
(1) such instructional provider fails to
				comply with any term or condition of its approval, fails to comply with any
				provision of this Part, fails to comply with any provision of article 21-B, or
				charges any fee for any course in excess of the maximum fee approved for such
				course; or
(2) the students taking
				courses provided by such instructional provider demonstrate a significant
				deficiency in skills and knowledge in the area covered by such
				courses.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1210 - Manufactured Homes › Section 1210.16 - Warranty seals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as
				otherwise provided in subdivision (i), (j) or (k) of this section, no
				manufactured home may be installed in the State of New York at any time on or
				after January 1, 2006 unless:
(1) the
				manufacturer of such manufactured home shall have obtained a manufacturer's
				warranty seal from the Department of State and shall have attached such
				manufacturer's warranty seal to such manufactured home; and
(2) the installer of such manufacturer home
				shall have obtained an installer's warranty seal from the Department of State
				and shall have attached such installer's warranty seal to such manufactured
				home. The installer shall attach such installer's warranty seal after
				installation is complete.
New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1210 - Manufactured Homes › Section 1210.17 - Manufacturer's and installer's quarterly reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every installer shall file quarterly
				reports with the Department of State and, except as otherwise provided in
				subdivision (d) of this section, every manufacturer shall file quarterly
				reports with the Department of State. Such reports shall cover the first
				quarter (January 1st to March 31st), second quarter (April 1st to June 30th),
				third quarter (July 1st to September 30th) and fourth quarter (October 1st to
				December 31st) of each year. Each such report must be received by the
				Department of State on or before the 30th day after the end of the quarterly
				reporting period covered by such report.
(b) In the case of a manufacturer, each such
				report:
(1) shall be on a form provided by or
				otherwise acceptable to the Department of State;
(2) shall be signed by the manufacturer
				filing the report (or, if the manufacturer filing the report is a business
				entity, by an officer, member, or other authorized representative of such
				business entity);
(3) shall specify
				the name and address of the manufacturer filing the report;
(4) shall specify the reporting period
				covered by such report; and
(5)
				shall specify with respect to each manufactured home completed by the
				manufacturer during the reporting period covered by such report:
(i) the type or model of such manufactured
				home; and
(ii) whether such
				manufactured home was delivered to a retailer and, if so, the name and address
				of the retailer to which such manufactured home was delivered.