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Regulation MH-5, Revised and Updated

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Regulation MH-5, Revised and Updated MISSISSIPPI TITLE 19 PART 7; CHAPTER 5 RULES AND REGULATIONS FOR THE UNIFORM STANDARDS CODE FOR THE FACTORY-BUILT HOMES LAW REGULATION MH-5 AS ADOPTED, PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT, SECTION 25-41, MS CODE, 1972 ANNOTATED REVISED AND UPDATED OCTOBER 01, 2016 MIKE CHANEY COMMISSIONER OF INSURANCE AND STATE FIRE MARSHAL RICKY DAVIS FIRE MARSHAL, STATE CHIEF DEPUTY STATE FIRE MARSHAL’S OFFICE POST OFFICE BOX 79 JACKSON, MISSISSIPPI 39205 – 0079 TELEPHONE NUMBER: (601)-359-1061 FAX NUMBER: (601)359-1076 Table of Contents Rule 5.01: Promulgation and Purpose .............................................................................................................. 6 Rule 5.01.1: General .................................................................................................................................. 6 Rule 5.01.2: Definitions ............................................................................................................................. 6 Rule 5.01.3: Use of Manufacturer’s Installation Instructions ................................................................... 12 Rule 5.01.4: Manufacturer’s Installation Instruction Unavailable ............................................................. 13 Rule 5.01.5: Instructions for Installation of Used Multi-Section Factory-Built Homes .............................. 14 Rule 5.02: Administration ............................................................................................................................... 14 Rule 5.02.1: Rules and Regulations ............................................................................................................. 15 Rule 5.02.1-1: Licensure of Manufacturers, Developers, Retailers and Installers/Transporters .......... 15 Rule 5.02.1-2: Manufacturer License Application ................................................................................. 15 Rule 5.02.1-3: Retailer/Developer License Application ......................................................................... 15 Rule 5.02.1-4: Repossession and Resale ................................................................................................ 16 Rule 5.02.1-5: Installer/Transporter License Application ...................................................................... 16 Rule 5.02.1-6: Tax Identification Number .............................................................................................. 16 Rule 5.02.1-7: License Fees .................................................................................................................... 16 Rule 5.02.1-8: Manufacturer Monitoring Inspection Fee ...................................................................... 17 Rule 5.02.1-9: Investigation and Examination of All License Applicants ............................................... 17 Rule 5.02.1-10: Non-Compliance ........................................................................................................... 18 Rule 5.02.1-11: Annual License Renewal Application ............................................................................ 19 Rule 5.02.1-12: Licensee Bonding and Insurance Requirements........................................................... 19 Rule 5.02.1-13: Operating Without a Privilege License ......................................................................... 20 Rule 5.02.1-14: Installation Inspection .................................................................................................. 21 Rule 5.02.1-15: Site Preparation, Anchoring and Blocking Requirement .............................................. 21 Rule 5.02.1-16: Time Period Allowed for Installation ............................................................................ 21 Rule 5.02.1-17: Property Locator/Certificate of Installation Submitted by the Retailer/Developer ...... 22 Rule 5.02.1-18: Property Locator/Certificate of Installation Submitted by the Installer/Transporter ...... 23 Rule 5.02.2: Factory-Built Home Installation Inspection Program ............................................................ 24 Rule 5.02.2-1: Purpose ........................................................................................................................... 24 1 Rule 5.02.2-2: Scope .............................................................................................................................. 25 Rule 5.02.2-3: Mississippi Factory-Built Home Installation Program Standards ................................... 25 Rule 5.02.2-4: Installation Inspection Requirements ............................................................................. 25 Rule 5.02.3: Installation Inspection Procedure .......................................................................................... 25 Rule 5.02.3-1: Scheduling of the Inspection .......................................................................................... 25 Rule 5.02.3-2: Inspection Fees ............................................................................................................... 26 Rule 5.02.3-3: Contract Rights Not Affected ......................................................................................... 26 Rule 5.02.3-4: State and Local Permits .................................................................................................. 26 Rule 5.02.4: Certification of Installation .................................................................................................... 26 Rule 5.02.4-1: Certificate of Inspection .................................................................................................. 26 Rule 5.02.4-2: Procedures for Re-inspection Upon Failure to Pass ....................................................... 27 Rule 5.02.4-3: Cost of Re-inspection...................................................................................................... 28 Rule 5.02.4-4: Scheduling of Re-inspection ........................................................................................... 28 Rule 5.02.4-5: Inspection Decal ............................................................................................................. 28 Rule 5.02.4-6: Inspector Qualifications .................................................................................................. 29 Rule 5.02.4-7: Verification of Installer/Transporter License ................................................................. 30 Rule 5.02.4-8: Site Preparation by Homeowner .................................................................................... 30 Rule 5.02.4-9: Waiver of Rights Invalid ................................................................................................. 30 Rule 5.02.4-10: Violations and Penalties ............................................................................................... 30 Rule 5.02.5: License Exceptions ................................................................................................................. 31 Rule 5.02.6: Manufacturer Qualifications for License .............................................................................. 31 Rule 5.02.7: Retailer Qualifications for License ......................................................................................... 32 Rule 5.02.7-1: Temporary Promotional Retail Sales Activity ................................................................. 32 Rule 5.02.7-2: Safeguarding the Public Interest ..................................................................................... 33 Rule 5.02.7-3: Retail Sales with In-house Transport and Installation Staff ............................................ 34 Rule 5.02.7-4: Training Requirements ................................................................................................... 34 Rule 5.02.7-5: Vehicle Decals ................................................................................................................. 35 Rule 5.02.7-6: Retail Lot Display and Temporary Storage ..................................................................... 35 Rule 5.02.7-7: Inspection of Retail Lot Units and Records ..................................................................... 36 Rule 5.02.8: Developer Qualifications for License .................................................................................... 36 2 Rule 5.02.8-1: Safeguarding the Public Interest .................................................................................... 37 Rule 5.02.8-2: Developer Sales with In-house Transport and Installation Staff ..................................... 37 Rule 5.02.8-3: Training Requirements ................................................................................................... 38 Rule 5.02.8-4: Vehicle Decals ................................................................................................................. 38 Rule 5.02.9: Installer/Transporter Qualification for License ...................................................................... 38 Rule 5.02.9-1: Safeguarding the Public Interest ..................................................................................... 39 Rule 5.02.9-2: State and Local Compliance Requirements ..................................................................... 39 Rule 5.02.9-3: Training Requirements .................................................................................................... 39 Rule 5.02.9-4: Contract Requirement ....................................................................................................
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