Approval of Manufacturing Programs

PURPOSE: This rule establishes the procedure under which a manufacturing program may be approved and the circumstances under which an approval of a manufacturing program will lapse, expire, or be withdrawn. (1) To have a manufacturing program considered for approval, the manufacturer who will use the program for which approval is sought shall submit a completed application, along with the following, to the manufactured housing and modular units program. The application may be obtained from the manager upon request, or from the commission’s website at www.psc. mo.gov: (A) One (1) copy of the quality control manual under which the manufacturing program will be implemented. The manual shall at least include a description which is sufficient to demonstrate compliance with the applicable code(s) for every procedure relating to the manufacturing of modular units for which the code contains a requirement; (B) Third-party inspection for compliance with required codes; and (C) One (1) copy of detailed manufacturer’s installation instructions for the assembly of the modular components for each modular unit shall be furnished with each modular unit to the dealer or selling agent, and one (1) set shall be submitted with each model plan for approval, such instruction shall reflect detailed instructions for the assembly of the unit(s), including the fastening of dormers if applicable, roof installation details, floor fastening, end wall fastening, king post installation, and any other on-site assembly of manufacturer supplied components. (2) Both dealer or selling agent and manufacturer shall register with the Public Service Commission’s Manufactured Housing and Modular Units Program before any sales are made by either party. A nonrefundable fee as set forth in section 700.090, RSMo, shall accompany each request for an approval or re-approval of such registration. The registration must be renewed annually. (3) Approval of a manufacturing program shall be evidenced by the manager’s stamp of approval on the quality control manual and detailed plans which comprise the program. Upon approval of a manufacturing program the manager shall return to the manufacturer a copy of the plan approval form for the quality control manual and any plans approved which bear the manager’s stamp of approval. A copy of the original of such approved quality control manual and detailed plans shall be retained at each location where the manufacturing program which they comprise is implemented. (4) The manager has ten (10) days to consider a request for approval of a manufacturing program submitted pursuant to sections (1)–(3) above. A notice of refusal shall specify the reason for refusal. (5) Modifications to, or variances from, any commission-approved plan that are related to the code under which a plan was approved shall be submitted in writing to the manager for written approval. The submission shall include a demonstration that the modifications or variances comply with the code. All unapproved modifications or variances from the commission-approved plan are grounds for revocation of approval of the commission-approved plan and may result in the manager filing a complaint with the commission. (6) Approval of a manufacturing program shall expire when the code under which such program was approved is revised or replaced. Reapproval of a manufacturing program whose approval has expired shall be obtained in the same manner that approval of a manufacturing program is originally obtained. (7) The manager shall file with the commission a request to withdraw approval of a manufacturing program if the manager finds— (A) A manufacturer is failing to abide by this chapter or Chapter 700, RSMo 2000; (B) Seals issued under an application for seals for modular units to be produced under an approved manufacturing program have been affixed to modular units which were not manufactured under an approved manufacturing program; or (C) Seals have been affixed to modular units after the approval for the manufacturing program for the units has lapsed or expired. (8) The commission may withdraw approval of a manufacturing program if the commission finds— (A) A manufacturer fails to comply with annual registration requirements; and (B) A manufacturer fails to renew plans of units produced under the manufacturing program; or (C) If the commission finds there are unapproved modifications or variances from a commission-approved plan. (D) Approval of simple modular unit plan revisions that do not include changes in systems or the manner of construction that do not take the unit out of compliance with the code and do not include the examples in subsection (11)(C) require approval by the manager, but do not require payment of a fee. Examples of such changes include, but are not limited to: addition or deletion of an entry way closet, installation of fake dormers, movement of an approved stairwell, reversal of a previously approved floor plan, or movement of a non-load bearing interior wall. (9) An entity which produces modular units under an approved manufacturing program shall mail or deliver to the manager, by the tenth day of each month, a report which identifies the dealer’s name and location; the make, model, and serial number of each modular unit to which seals have been affixed since the previous report; and the seal number of each unit since the last report. (10) To receive approval of a manufacturing program the manufacturer must also submit one (1) copy of detailed plans and installation diagrams for each type of modular unit which will be produced under the manufacturing program. Such detailed plans shall at least include, for every part or component for which the code contains a requirement, a description which is sufficient to demonstrate compliance with the code. (11) All subsequent modular unit plans and installation diagrams including foundation plans, if applicable, for each additional type of modular unit (or model) to be manufactured must also be submitted to the manager for approval. Modular unit plan approvals shall be annually submitted for renewal on all models still in production. Each submittal shall include: (A) A nonrefundable fee of one hundred fifty dollars ($150) shall accompany each request for approval of a modular unit plan; (B) Each modular unit plan must be identifiable by model name or number or a combination of both; (C) Approval of a new set of detailed plans is required for any change in the systems of an existing modular unit plan, such as electric, plumbing, gas, or change in the manner of construction to ensure the unit remains in compliance with the code. Request for approval shall be accompanied by the applicable fee. Examples of such changes include, but are not limited to: adding or deleting a bathroom, utility room, living room, or other structural changes in the roof or other exterior design of the unit; or (D) Approval of simple modular unit plan revisions that do not include changes in systems or the manner of construction that do not take the unit out of compliance with the code and do not include the examples in subsection (11)(C) require approval by the manager, but do not require payment of a fee. Examples of such changes include, but are not limited to: addition or deletion of an entry way closet, installation of fake dormers, movement of an approved stairwell, reversal of a previously approved floor plan, or movement of a non-load bearing interior wall. AUTHORITY: section 700.040, RSMo 2016.* This rule originally filed as 4 CSR 240-123.040. Original rule filed Aug. 16, 1979, effective Dec. 15, 1979. Amended: Filed Oct. 12, 1982, effective Jan. 13, 1983. Amended: Filed June 12, 2001, effective Jan. 30, 2002. Amended: Filed Oct. 15, 2007, effective April 30, 2008. Amended: AND INSURANCE Filed July 6, 2017, effective March 30, 2018. Moved to 20 CSR 4240123.040, effective Aug. 28, 2019. Amended: Filed July 29, 2021, effective Feb. 28, 2022. *Original authority: 700.040, RSMo 1973, amended 1976, 1978, 1982, 1984, 1989, 1993, 1995, 1999.