Administration and Enforcement

PURPOSE: This rule delegates the responsibility for administering and enforcing the code, this chapter and Chapter 700, RSMo as it relates to modular units or homes. (1) The following commission powers and responsibilities under Chapter 700, RSMo are delegated to the manager: (A) The issuance of notices of annual registration; (B) The processing of annual registrations; (C) The development and implementation of inspection processes; (D) The issuance of seals; (E) Approval of manufacturing programs consistent with the provisions of 4 CSR 240-123.040; (F) Daily monitoring and administration of reasonable fees which are sufficient to cover all costs incurred in the administration of Chapter 700, RSMo; and (G) Consumer complaint handling and remedial actions up to and including the dispute resolution process of section 700.689, RSMo. (2) The following commission powers and responsibilities under Chapter 700, RSMo are the exclusive authority of the commission and not delegated to the manager: (A) Establishing, changing, or eliminating the amount of fees for seals or inspections, or both; (B) Denying, refusing to renew, suspending, revoking, or placing on probation a registration for any reason under section 700.090, RSMo; and (C) Other duties as outlined under Chapter 700, RSMo or these rules not specifically delegated. (3) Manufacturers shall be responsible for all necessary repairs due to nonconformance of standards regardless of their selling agent. (4) The dealer or selling agent shall assume responsibility of repairs due to nonconformance of standards if the manufacturer either goes out of business, avoids service of process, files bankruptcy, fails to satisfy a judgment, or becomes insolvent. (5) In the event the dealer or selling agent either goes out of business, avoids service of process, files bankruptcy, fails to satisfy a judgment, or becomes insolvent, the manufacturer shall become responsible for arranging for the setup of the modular unit in accordance with the manufacturer’s installation manual, unless the purchaser or his or her authorized agent has executed a written waiver of that service. AUTHORITY: section 700.040, RSMo 2016.* This rule originally filed as 4 CSR 240-123.020. Original rule filed Aug. 16, 1979, effective Dec. 15, 1979. Amended: Filed Oct. 15, 2007, effective April 30, 2008. Amended: Filed July 6, 2017, effective March 30, 2018. Moved to 20 CSR 4240-123.020, effective Aug. 28, 2019. *Original authority: 700.040, RSMo 1973, amended 1976, 1978, 1982, 1984, 1989, 1993, 1995, 1999.