Re-Inspection and Re-Inspection Fee

PURPOSE: This rule outlines the procedure for the re-inspection of modular homes and third party requests for inspections pursuant to section 700.040, RSMo. (1) Re-inspections subsequent to routine inspections of new modular homes. (A) The manager may conduct re-inspections of new modular homes to verify corrections have been made to address code violations identified on the initial routine inspection report. (B) The manager shall not assess the dealer, installer, or the manufacturer, or each entity, a fee for the first re-inspection. (C) The manager, in consultation with the commission staff director, after attempting to contact the entity at issue and documenting consideration of potential mitigating factors, including, but not limited to, the number of similar non-compliance issues, circumstances beyond the entity’s control, and the entity’s responsiveness to commission requirements, may assess a two hundred dollar ($200) re-inspection fee(s) for any re-inspection subsequent to the first re-inspection. The fee is charged to the dealer, installer, or the manufacturer who was responsible for making the corrections and completing the corrections. The manager will track fees assessed or waived under this provision, along with any documented consideration, and compile a quarterly report summarizing such information for review by the commission. (2) Re-inspections subsequent to a consumer complaint. (A) The manager may conduct re-inspections of new modular homes when the required corrections have not been completed by the dealer, installer, or manufacturer within sixty (60) days of the initial inspection. (B) The manager in consultation with the commission staff director, after attempting to contact the entity at issue and documenting consideration of potential mitigating factors, including, but not limited to, the number of similar non-compliance issues, circumstances beyond the entity’s control, and the entity’s responsiveness to commission requirements, may assess the dealer, installer, or the manufacturer, or each entity, a fee for the re-inspection(s) if the dealer, installer, or the manufacturer responsible for making the required corrections fails to complete the required corrections within sixty (60) days of receipt of a consumer complaint. The fee shall not be charged to the dealer, installer, or the manufacturer who was responsible for making the required corrections if, during the re-inspection, it is found that the required corrections have been corrected within sixty (60) days of receipt of the consumer complaint. The manager will track fees assessed or waived under this provision, along with any documented consideration, and compile a quarterly report summarizing such information for review by the commission. (3) The re-inspection shall address all violations listed in the initial inspection report. A copy of the report shall be forwarded, within ten (10) days of the re-inspection, to the manufacturer, dealer, or both, and the customer, if applicable. (4) The assessed fee shall be paid to the commission within twenty (20) working days from the date the re-inspection is completed. Each manufacturer and each dealer shall submit along with the fee a written plan of action to be taken by each to correct any remaining violations identified and, unless otherwise approved by the manager, corrections shall be completed within thirty (30) days of the re-inspection. (5) The fee for all inspections requested by third parties four hundred dollars ($400). Requests for inspections by third parties must be submitted in writing to the manufactured housing and modular units program along with the associated fee. Licensed manufacturers or dealers are not considered third parties. (6) If the manufacturer, installer, or dealer has not paid the re-inspection fee within thirty (30) days of the prescribed date, the manager may file a complaint and the commission may suspend the manufacturer, installer, or dealer certificate or registration. (7) The following situations constitute grounds for commission denial, revocation, or placing on probation of a manufacturer or dealer certificate of registration: (A) Failure to pay a re-inspection fee by the prescribed due date for two (2) consecutive months; or (B) Failure to pay a re-inspection fee by the prescribed due date for any four (4) of the preceding twelve (12) months. AUTHORITY: section 700.040, RSMo 2016. This rule originally filed as 4 CSR 240-123.095. Original rule filed June 16, 2004, effective Jan. 30, 2005. Amended: Filed Aug. 15, 2013, effective March 30, 2014. Amended: Filed July 6, 2017, effective March 30, 2018. Moved to 20 CSR 4240-123.095, effective Aug. 28, 2019. *Original authority: 700.040, RSMo, 1973 amended 1976, 1978, 1982, 1984, 1989, 1993, 1995, 1999.