Factory-Built Homes Laws

MISSISSIPPI 43-3 # GEORGE DALE Commissioner of Insurance State Fire Marshal State Fire Marshal's Office (601) 359-1061 Liquefied Compressed Gas (601) 359-1064 State Fire Coordinator (601) 359-1062  1415 Woolfolk Building (39201) P. O. Box 22542 (39225) Jackson, Mississippi FAX: (601) 359-1370 # MEMORANDUM TO: ALL MANUFACTURER'S, DEALER'S AND INSTALLERS/TRANSPORTER'S FROM: Michael R. Acey, Deputy Fire Marshal DATE: August 31, 1993 RE: Factory-Built Homes Laws Enclosed are copies of the following: 1. Senate Bill No. 2296, Amending 75-49-5 MS Code 2. MS State Fire Marshal's Bulletin 93-3 3. Consumer Complaint Form # Enclosure No. 1 On July 1, 1993, Section 75-49-5, MS Code of 1972 was amended to clarify licensure requirements for manufacturers, dealers, installers and transporters of factory-built homes. Please note with care paragraph ten (10) of Section 75-49-5 beginning with line 139 through line 165. Any new applicants including suspended license's will be required to personally appear before the commissioner or his designee to obtain a license. # Enclosure No. 2 This notice is in response to several requests for a "NOTICE" to the public as per your requirements to anchor & block a home. You may frame and/or post this in your respective offices. # Enclosure No. 3 The consumer complaint Form is to be completed each time a manufacturer and/or dealer receives a complaint on a factory-built home. This form (back side) MUST be completed and forwarded to the Fire Marshal's Office prior to closure of this file by our office. Until this is done the complaint will remain open and inquiries will be made by our inspectors. Bulletin 93-3  # NOTICE # IT IS THE LAW Section 75-49-7: eted each time a manufacturer and/or dealer receives a complaint on a factory-built home. This form (back side) MUST be completed and forwarded to the Fire Marshal's Office prior to closure of this file by our office. Until this is done the complaint will remain open and inquiries will be made by our inspectors. Bulletin 93-3  # NOTICE # IT IS THE LAW Section 75-49-7: (2) From and after July 1, 1992, no dealer, transporter or installer shall deliver or cause to be delivered any factory-built home to any person at any site where such home is to be used for human habitation without anchoring and blocking such home in accordance with rules, regulations and procedures promulgated by the commissioner pursuant to section 75-49-5; provided, however, that a period of thirty (30) days from date of delivery shall be allowed for the anchoring and blocking of such homes. Mississippi Code Annotated. For additional information you may contact: State Fire Marshal's Office Manufactured Housing Division Post Office Box 22542 Jackson, MS 39225-2542 (601) 359-1061 (601) 359-1370 FAX Form MH-1 (rev. 9/92) # OFFICE OF THE STATE FIRE MARSHAL MANUFACTURED HOUSING DIVISION # CONSUMER COMPLAINT FORM 1) Person filing complaint: Street address: City: State: Zip: Home phone: ( ) Work phone: ( ) 2) Manufacturer: Street address: City: State: Zip: Phone: ( ) 3) Dealer: Street address: City: State: Zip: Phone: ( ) Sales Manager: 4) Manufactured home serial#: HUD label#: Date Purchased: / / Directions to Home: ALL BLANKS ABOVE MUST BE COMPLETED IN ORDER FOR YOUR COMPLAINT TO BE PROCESSED # DESCRIPTION OF COMPLAINTS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. (List Additional Items on a Separate Sheet) Signature of Owner: Date: / / NOTE: ATTACH A READABLE COPY OF YOUR MANUFACTURED HOME PURCHASE CONTRACT MISSISSIPPI LEGISLATURE By: Senator(s) Bean REGULAR SESSION 1993 To: Insurance; Appropriations APPROVED BY THE GOVERNOR SENATE BILL NO. 2296 (As Sent to Governor) PROCESSED # DESCRIPTION OF COMPLAINTS 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. (List Additional Items on a Separate Sheet) Signature of Owner: Date: / / NOTE: ATTACH A READABLE COPY OF YOUR MANUFACTURED HOME PURCHASE CONTRACT MISSISSIPPI LEGISLATURE By: Senator(s) Bean REGULAR SESSION 1993 To: Insurance; Appropriations APPROVED BY THE GOVERNOR SENATE BILL NO. 2296 (As Sent to Governor) 1. AN ACT TO AMEND SECTION 75-49-5, MISSISSIPPI CODE OF 1972, TO 2. AUTHORIZE THE COMMISSIONER OF INSURANCE, IN THE INTEREST OF PUBLIC 3. SAFETY, TO HIRE ADDITIONAL FIRE MARSHAL DEPUTIES TO SERVE AS 4. INSPECTORS OF FACTORY-BUILT HOMES; TO AMEND SECTION 75-49-9, 5. MISSISSIPPI CODE OF 1972, TO CLARIFY LICENSURE REQUIREMENTS FOR 6. CERTAIN FACTORY-BUILT HOME DEALERS; TO PROVIDE THAT FUNDS FROM 7. CERTAIN LICENSE AND INSPECTION FEES SHALL BE DEPOSITED IN A 8. SPECIAL FUND ACCOUNT IN THE STATE TREASURY TO THE CREDIT OF THE 9. DEPARTMENT OF INSURANCE; AND FOR RELATED PURPOSES. 10. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 11. SECTION 1. Section 75-49-5, Mississippi Code of 1972, is 12. amended as follows: 13. 75-49-5. (1) Factory-built homes, because of the manner of 14. their construction, assembly and use and that of their systems, 15. components and appliances (including heating, plumbing and 16. electrical systems), like other finished products having concealed 17. vital parts, may present hazards to the health, life and safety of 18. persons and to the safety of property unless properly 19. manufactured. In the sale of factory-built homes, there is also 20. the possibility of defects not readily ascertainable when 21. inspected by purchasers. It is the policy and purpose of this 22. state to provide protection 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. y of 18. persons and to the safety of property unless properly 19. manufactured. In the sale of factory-built homes, there is also 20. the possibility of defects not readily ascertainable when 21. inspected by purchasers. It is the policy and purpose of this 22. state to provide protection 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. (2) The commissioner is hereby authorized and directed to investigate and examine into engineering and construction practices and techniques, the properties of construction materials used in the construction and assembly of factory-built homes, their electrical, plumbing, heating and other systems and appliances, their anchoring and blocking systems and techniques, fire prevention and protective techniques and measures to promote safety of persons and property and protect the health of users of such factory-built homes. The commissioner, in the interest of such public safety, is authorized to employ a minimum of three (3) additional employees in the Manufactured Housing Division of the Insurance Department to serve as Fire Marshal I, Deputies in the enforcement of the provisions of this chapter. (3) All manufactured homes shall meet the requirements set forth in the Federal Manufactured Home Construction and Safety Standards (24 CFR Section 3280), established by the Secretary of the United States Department of Housing and Urban Development in accordance with the National Manufactured Home Construction and Safety Standards Act of 1974, as amended (42 U.S.C.S. 5401 et seq.), or such amendments to the standards as are adopted by the Secretary of the United States Department of Housing and Urban Development after July 1, 1992. FR Section 3280), established by the Secretary of the United States Department of Housing and Urban Development in accordance with the National Manufactured Home Construction and Safety Standards Act of 1974, as amended (42 U.S.C.S. 5401 et seq.), or such amendments to the standards as are adopted by the Secretary of the United States Department of Housing and Urban Development after July 1, 1992. (4) The commissioner is also authorized and empowered to issue, promulgate and enforce all rules and procedures which in his judgment are necessary and desirable to make effective the construction standards so established. The commissioner is also 62. 63. 64. 65. 66. 67. 68. 69. 70. 71. 72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. 85. 86. 87. SECTION 2. Section 75-49-9, Mississippi Code of 1972, is amended as follows: 75-49-9. (1) After July 1, 1992, every manufacturer, every transporter or installer and every dealer who sells, manufactures, transports or installs new or used factory-built homes within the State of Mississippi shall apply for and obtain a license from the commissioner. (2) If a factory-built home is new, the applicant shall certify in the application to the commissioner that the applicant will comply with the construction standards set forth under rules and regulations provided in Section 75-49-5 herein, and that the applicant has obtained a current and valid tax identification number. (3) Applications shall be obtained from and submitted to the commissioner on forms prescribed by the commissioner. e applicant shall certify in the application to the commissioner that the applicant will comply with the construction standards set forth under rules and regulations provided in Section 75-49-5 herein, and that the applicant has obtained a current and valid tax identification number. (3) Applications shall be obtained from and submitted to the commissioner on forms prescribed by the commissioner. (4) The original license fee and all annual renewals thereof shall be One Hundred Twenty-five Dollars ($125.00) for manufacturing plants located within or without the State of Mississippi manufacturing or delivering homes for sale within the State of Mississippi and Fifty Dollars ($50.00) per dealer location within the State of Mississippi. The licensing fee for an independent contractor transporter or installer is Fifty Dollars ($50.00) for each company. Except as otherwise provided in subsection (10) of this section, the license shall be valid for a period of one (1) year from the date of issuance, or until revoked as provided herein. 93. license from the commissioner. The fee shall be paid to the 94. commissioner in such manner as the commissioner may by rule 95. require. All funds received by the commissioner shall be 96. deposited in a special fund account in the State Treasury to the 97. credit of the Department of Insurance. 98. (6) Every manufacturer of manufactured homes in the state 99. shall pay a monitoring inspection fee to the Secretary of Housing 100. and Urban Development, or the secretary's agent, for each 101. manufactured home produced in the state by the manufacturer. The 102. fee shall be in an amount established by the secretary pursuant to 103. the National Manufactured Home Construction and Safety Standards 104. Act of 1974, 42 U.S.C.S. 5401 et seq. The portion of the fee 105. which is returned to the state shall be deposited by the 106. commissioner in a special fund account in the State Treasury 107. to the credit of the Department of Insurance. facturer. The 102. fee shall be in an amount established by the secretary pursuant to 103. the National Manufactured Home Construction and Safety Standards 104. Act of 1974, 42 U.S.C.S. 5401 et seq. The portion of the fee 105. which is returned to the state shall be deposited by the 106. commissioner in a special fund account in the State Treasury 107. to the credit of the Department of Insurance. 108. (7) The commissioner shall investigate and examine all 109. applicants for all licenses by holding such hearings as he shall 110. deem necessary or conducting investigations or examinations, or 111. any combination thereof, as to the fitness or expertise of the 112. applicant for the type of license for which the applicant applied. 113. A license shall be granted only to a person who bears a good 114. reputation for honesty, trustworthiness, integrity and competency 115. to transact the business in such a manner as to safeguard the 116. interest of the public and only after satisfactory proof of such 117. qualifications has been presented to the commissioner. 118. (8) The commissioner shall take all applicants under 125. of business or organization, by the examination of one or more of 126. the responsible, full-time managing officers or members of the 127. executive staff of the applicant's firm. Every application by an 128. individual for a license to sell, transport or install new or use 129. mobile, manufactured and relocatable homes shall be verified by 130. the oath or affirmation of the applicant, and every such 131. application by a partnership or corporation shall be verified by 132. the oath or affirmation of a partner or an officer thereof. The 133. applications for licenses shall be in such form and detail as the 134. commissioner shall prescribe. 135. (9) The holder of any valid license issued by the 136. commissioner at the time this section becomes effective shall be 137. automatically issued an equivalent license in the same category 138. for which his previous license was issued. affirmation of a partner or an officer thereof. The 133. applications for licenses shall be in such form and detail as the 134. commissioner shall prescribe. 135. (9) The holder of any valid license issued by the 136. commissioner at the time this section becomes effective shall be 137. automatically issued an equivalent license in the same category 138. for which his previous license was issued. 139. (10) Beginning July 1, 1988, every license issued under this 140. chapter shall be issued annually and shall expire on June 30 141. following the date upon which it was issued. License fees shall 142. not be prorated for the remainder of the year in which the 143. application was made but shall be paid for the entire year 144. regardless of the date of the application. The commissioner 145. shall, on or before April 30, 1989, and on or before April 30 of 146. each succeeding year thereafter, forward a "Notice of Renewal," by 147. regular United States mail, to each licensee at his or its last 148. known post office address. After depositing the "Notice of 149. Renewal" in the United States mail, the commissioner shall have no 150. other duty on all 157. During the period of suspension any practice by the licensee under 158. the color of such license shall be deemed a violation of this 159. chapter. Annual renewals of a dealer's license shall require, as 160. a condition precedent, that the dealer verify by oath or 161. affirmation that he maintains a retail sales lot in accordance 162. with all rules and regulations promulgated by the commissioner and 163. that the lot has three (3) or more new or used factory-built homes 164. located thereon for retail sale as a residential dwelling or for 165. any other use at the time of application. 166. SECTION 3. This act shall take effect and be in force from 167. and after July 1, 1993.