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| 4. Remedies for installation defects. The board staff shall | | investigate all complaints made to the board of noncompliance with | | or violation of chapter 213 or a warranty applicable to the | | installation of manufactured housing. If the board finds, after | | hearing, that the installation of manufactured housing poses a | | threat to public health or safety or does not comply with the | | board's installation standards, chapter 213 or any applicable | | warranty, the board may order the installer to take appropriate | | corrective action. Corrective action may include, but is not | | limited to, reimbursing consumers for repairs that are covered by | | warranty and made by the consumer if the consumer notifies the | | installer or mechanic in writing of the defect within a reasonable | | time prior to undertaking the repairs and the board finds that the | | repairs are or were necessary to correct or prevent an imminent | | threat to health or safety or to the structure of manufactured | | housing. Notwithstanding Title 5, section 10051, the board may | | also revoke or suspend the installer's or mechanic's license to | | install manufactured housing to prevent any future threat to the | | public health or safety. This subsection applies to any new | | manufactured housing that is sold to a consumer after January 1, | | 1993. |
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| | | Sec. 11. 10 MRSA §9011, sub-§4, ķA, as enacted by PL 1999, c. 725, §2, | | is amended to read: |
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| | | A. A person damaged as a result of a violation of this | | chapter also has a cause of action in court against the | | person responsible for the manufacture, brokering, | | distribution, sale, lease, installation or service, and the | | court may award appropriate damages and cost for litigation | | in its judgment. |
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| | | Sec. 12. 10 MRSA §9021, sub-§1, as amended by PL 1993, c. 642, §23, is | | further amended to read: |
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| | | 1. Licenses required. Any person who engages in the business | | of manufacturing, brokering, distributing, selling, installing or | | servicing manufactured housing shall first obtain a license | | issued by the board. The board shall, within a reasonable time, | | issue a license to any person who intends to manufacture, sell, | | install or service manufactured housing in this State subject to | | filing and approval of an application provided by the board. Any | | person who is licensed to conduct these activities by other state | | or federal law is exempt from this requirement when the law | | provides for specific authority to provide a particular service | | or preempts the requirement for such a license. Active licensees | | of the Real Estate Commission are exempt from the licensing | | requirement for selling or brokering used manufactured housing | but not from the requirements of this chapter |
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