19 MAC Pt. 7, R. 3.03.6
Retailers
Cite as 19 Miss. Admin. Code Pt. 7, R. 3.03.6
Retailers
A. In order to protect the health, safety, and welfare of the public of the State of Mississippi,
each applicant for a retailer's license shall comply with the following requirements:
1.
Demonstrate to the Commissioner that he has a good general working mechanical
knowledge of modular home construction and repair;
2.
Demonstrate to the Commissioner that he has a good practical working
knowledge of and will comply with the requirements of the International
Residential Code, as they pertain to the responsibilities of a retailer to properly
safeguard the public interest;
3.
Demonstrate to the Commissioner that he has an adequate space to display his
modular homes at each sales lot. Each sales lot shall comply with the following
requirements:
a. Maintain a permanent sales office at each sales lot. Each permanent office
at each sales lot shall have running water and sewer facilities for public
comfort and convenience and shall comply with the county health
department regulations and other applicable safety standards for a
permanent sales site in the county or municipality in which it is located.
b. Comply with all local ordinance signage requirements. If there are no
municipal or county signage requirements, each sales lot sign shall be at
least four (4) feet by eight (8) feet in size, with lettering at least twelve
(12) inches high. This sign shall be prominently located on the site for
viewing by the public.
4.
Demonstrate to the Commissioner that he has or shall have adequate facilities for
the repair and servicing of modular homes and storage of parts and accessories
and that he has at least one operable service truck.
Exception: If the retailer is subcontracting with other entities for
the installation, repair, and service of modular homes, then the
retailer shall provide a duplicate of the executed subcontract to the
Commissioner. This subcontract shall contain a clause stating that
the Commissioner will be notified in writing thirty (30) days in
advance of any cancellation of the subcontract.
5.
Demonstrate to the Commissioner that he has a good general knowledge of and
will comply with the requirements of these Regulations, ME-2007-3, as they
pertain to the responsibilities of a retailer to properly safeguard the public interest.
No retailer shall use transportation affecting interstate or foreign commerce or the
United States mail to sell, lease, or offer for sale or lease in the State of
Mississippi any modular home unless the retailer, acting as a reasonable retailer,
does not know that the modular home does not conform to applicable Standards
as defined herein. This sales prohibition applies to any affected modular home
through the completion of the entire sales transaction. A sales transaction with a
purchaser is considered complete when all the goods and service that the retailer
agreed to provide at the time the contract was entered into have been provided.
Completion of a retail sale occurs at the time the retailer completes setup of the
modular home if the retailer has agreed to provide setup; however, if the retailer
has not agreed to transport or set up the modular home, this sales prohibition does
not apply.
6.
Ensure that within one (1) year of employment, all sales staff will attend eight (8)
hours of training and that thereafter they will attend an additional eight (8) hours
of training every three (3) years. This training must be approved and/or provided
by the Factory-Built Home Division. Retailers shall display the current training
certificates of all sales staff at the retailer’s current business location. The
employer of the sales staff is responsible for submitting in writing to the
Factory-Built Home Division a list of all sales staff, their dates of employment,
and proof of the required training.