New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXII - Division of Code Enforcement and Administration › Part 1210 - Manufactured Homes › Section 1210.9 - Separate certifications required

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Manufacturers. Any person or business
				entity owning or operating more than one manufacturing plant that manufactures,
				delivers, or sells manufactured homes in the State of New York shall be
				required to obtain a separate certification as a manufacturer for each such
				manufacturing plant. Such person or business entity will be required to satisfy
				all standards for certification as a manufacturer for each such certification;
				provided, however, that such person or business entity shall not be required to
				file a separate acceptable deposit account control agreement, acceptable letter
				of credit, or acceptable surety bond for each such certification, and the
				filing of one acceptable deposit account control agreement evidencing a deposit
				account having a balance of not less than $50,000, one acceptable letter of
				credit in the sum of $50,000, or one acceptable surety bond in the principal
				amount of $50,000 shall be deemed to satisfy the financial responsibility
				requirements for all manufacturer certifications issued to such person or
				business entity.
(b) Retailers. Any
				person or business entity owning or operating more than one retail sales
				location in the State of New York shall be required to obtain a separate
				certification as a retailer for each such retail sales location. Such person or
				business entity will be required to satisfy all standards for certification as
				a retailer for each such certification; provided, however, that such person or
				business entity shall not be required to file a separate acceptable deposit
				account control agreement, acceptable letter of credit, or acceptable surety
				bond for each such certification, and the filing of one acceptable deposit
				account control agreement evidencing a deposit account having a balance of not
				less than $25,000, one acceptable letter of credit in the sum of $25,000, or
				one acceptable surety bond in the principal amount of $25,000 shall be deemed
				to satisfy the financial responsibility requirements for all retailer
				certifications issued to such person or business entity.
(c) Scope.
(1) Certification as a manufacturer shall not
				constitute certification as a retailer, or installer. No certified manufacturer
				shall engage in retail selling or offering for sale, brokering, or distribution
				of manufactured homes, primarily to purchasers who, in good faith, purchase
				such homes for purposes other than resale, unless such certified manufacturer
				is also certified as a retailer. No certified manufacturer shall install or set
				up a manufactured home for a buyer unless such certified manufacturer is also
				certified as an installer.
(2)
				Certification as a manufacturer shall constitute certification as a mechanic,
				but only for the purpose of serving manufactured homes manufactured by such
				manufacturer. No certified manufacturer shall service any manufactured home
				manufactured by any other person or entity unless such certified manufacturer
				is also separately certified as a mechanic.