Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 80 - MANUFACTURED HOUSING › Subchapter C - LICENSEES' RESPONSIBILITIES AND REQUIREMENTS › Section 80.33 - Installers' Responsibilities and Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) If the retailer subcontracts installation
				  to another licensed installer, their respective responsibilities are as set
				  forth in the Standards Act.
(b) For
				  used manufactured homes, the person contracting with the consumer for the
				  installation of the home is the installer and must warrant the proper
				  installation of the home. If the contracting installer subcontracts with an
				  independent licensed installer, then the subcontractor is jointly and severally
				  liable for that portion of the installation that the subcontractor
				  performed.
(c) A person contracting
				  directly with the consumer for only the transportation of a manufactured home
				  to its site is not deemed by virtue of being the transporter to also be the
				  installer.
(d) The contracting
				  licensed installer is fully responsible for the complete installation in
				  accordance with all applicable requirements set forth in this chapter even
				  though the installer may subcontract certain installation functions to
				  independent contractors pursuant to §1201.102(b) of the Standards Act. It
				  is unlawful for a subcontractor who is acting as an agent for a licensed
				  installer to advertise and/or offer installation services to any person unless
				  the licensed installer's name and license number appear conspicuously in the
				  advertisement.
(e) A person
				  contracting for the installation of a manufactured home must specify in the
				  applicable contract or an accompanying written disclosure the intended date by
				  which installation will be complete and a designated person to contact for the
				  current status as to the intended date for completion of
				  installation.
(f) An installer
				  shall provide the Department with a list of all subcontractors approved to work
				  under the installer's license number.
(g) For each installation completed, the
				  installer must complete a Notice of Installation and submit the original,
				  signed form with the required fee to the Department no later than seven (7)
				  days after which the installation is completed, but not later than three (3)
				  days for installers with a provisional license. If an installer submits
				  multiple installation reports at one time, a single payment for the combined
				  fees may be submitted.
(1) If a contracting
				  installer subcontracts the installation to a licensed installer, the
				  subcontracted installer who performs the installation shall complete the Notice
				  of Installation, and submit the original signed form to the Department no later
				  than seven (7) days after which the installation is completed, or not later
				  than three (3) days for installers with a provisional license. The
				  subcontracted installer may submit the required fee with the Notice of
				  Installation Form.
(2) If a
				  contracting installer subcontracts the installation to a licensed installer,
				  and the subcontracted installer does not pay the fee, the contracting installer
				  shall submit a copy of the Notice of Installation, labeled as such, with the
				  required fee to the Department, no later than seven (7) days after which the
				  installation is completed, or not later than three (3) days for subcontracted
				  installers with a provisional license.
(3) Provisional installers that provide the
				  installation are required to send a copy of the Notice of Installation to the
				  Department's Field Office within three (3) days of the installation to ensure a
				  timely inspection may be conducted.
(4) The timely submittal of the Notice of
				  Installation after completion of the installation ensures the Department
				  inspectors may inspect the manufactured home with utilities connected, but
				  before the home is skirted.