Chapter 402
S.P. 659 - L.D. 1842
PART D
Sec. D-1. 10 MRSA §9003, as amended by PL 1999, c. 687, Pt. F, §1, is further amended to read:
1. Established.
The Manufactured Housing Board, established by Title 5, section 12004-A, subsection 22 and located within the Department of Professional and Financial Regulation, has the responsibility of administering and enforcing this chapter. The board , consists of 9 members appointed by the Governor.
2. Composition of board; terms of members.
The members of the board must include:B. Three public members, as defined in Title 5, section 12004-A, at least one of whom lives in manufactured housing;
C. One member who is a professional engineer with demonstrated experience in construction and building technology;
D. One member who is a dealer;
E. One member who is an owner or operator of a mobile home park with 15 or fewer lots;
F. One member who is an owner or operator of a mobile home park with more than 15 lots;
G. One member who is a builder of manufactured housing; and
H. One member with a minimum of 2 years of practical experience in building code administration and enforcement and with current employment as a code enforcement officer.
The term of office of the members is 4 years. Appointment of a member must comply with Title 32, section 60 8009. A member of the board may be removed for cause by the Governor.
4. Duties.
The board shall administer and enforce this chapter.
6. Organization.
The board shall annually, in the month of January, elect one of its members as chair and one of its members as vice-chair. The chair, or in the chair's absence the vice-chair, shall call and preside at all meetings and hearings.
7. Meetings; chair; quorum.
The board shall meet at least once a year to conduct its business and to elect a chair. Additional meetings must be held as necessary to conduct the business of the board and may be convened at the call of the chair or a majority of the board members. Five members of the board constitute a quorum. The board shall meet at the written request of the director or of a majority of the members of the board. The board shall determine the time and place of meetings. At least 6 meetings per calendar year must be held.
8. Administration.
Not later than August 1st of each year, the board shall submit to the Commissioner of Professional and Financial Regulation for the preceding fiscal year ending June 30th an annual report of its operations and financial position, together with comments and recommendations the board considers essential.
9. Federal funds and other funding sources.
The board may seek and receive funds from the Federal Government and other public or private sources to further its activities under this chapter, subject to the approval of the commissioner.
10. Manufactured housing account.
All funds received by the board must be paid to the Treasurer of State and must be credited to the books to the board's manufactured housing account in accordance with section 8003-F.
Sec. D-2. 10 MRSA §9004, sub-§1, as amended by PL 1993, c. 642, §11, is further amended to read:
1. Executive director.
The commissioner Commissioner of Professional and Financial Regulation may appoint or remove for cause, with the advice of the board, an executive director who is the principal administrative and supervisory employee of the Department of Professional and Financial Regulation for the board. The executive director shall attend meetings of the board, keep records of the proceedings of the board and direct and supervise the personnel employed to carry out the purposes of this chapter.
Sec. D-3. 10 MRSA §9005, as amended by PL 1999, c. 687, Pt. E, §1, is repealed.
Sec. D-4. 10 MRSA §9005-A is enacted to read:
The board shall administer and enforce the provisions of this chapter.
The board shall propose, revise, adopt and enforce rules necessary to carry out this chapter in accordance with the provisions of Title 5, chapter 375, subchapter 2. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. The board may delegate the enforcement authority to employees.
Sec. D-5. 10 MRSA §9009, as amended by PL 2005, c. 344, §§8 to 10, is further amended to read:
1. Investigations.
The board is authorized to conduct any inspections and investigations as may be necessary to carry out responsibilities under this chapter. The board is authorized to contract with local governments and private inspection organizations to carry out such inspection functions to the extent not prohibited by federal law, rule or regulation.
2. Investigation of complaints; revocation or suspension of licenses.
The board shall investigate or cause to be investigated all complaints made to the board and all cases of noncompliance with or violation of this chapter or of a warranty applicable to the manufacture or installation of manufactured housing. Notwithstanding Title 5, section 10051, if the board after notice and a hearing finds that the manufacturer, dealer, developer dealer, installer or mechanic has violated this chapter, the rules adopted pursuant to this chapter or an applicable warranty, the board may file a complaint with the District Court to revoke or suspend the license or approval of the manufacturer, dealer, developer dealer, installer or mechanic. If the board does not find reasonable grounds to believe that a violation of this chapter or breach of an applicable warranty has occurred, the board shall enter an order so finding and dismiss the proceeding. The board, for reasons it considers sufficient, may reissue a license to any person whose license has been revoked if 3 or more members of the board vote in favor of this reissuance.
3. Remedies for manufacturing defects.
The board staff shall may investigate all complaints made to the board of noncompliance with or violation of chapter 213 or a warranty applicable to the sale of manufactured housing. If the board finds, after hearing, that a manufacturer, dealer or developer dealer has sold, or is making available for sale, manufactured housing that poses a threat to public health or safety or has failed to comply with chapter 213 or an applicable warranty, express or implied, the board may order the manufacturer, dealer or developer dealer or any combination thereof 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 dealer, developer dealer or manufacturer 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 the manufactured housing. Notwithstanding Title 5, section 10051, the The board may also revoke or suspend the license of the manufacturer, dealer, developer dealer or any combination thereof to prevent any future threat to public health or safety. Notwithstanding the provisions of Title 10, section 8003, subsection 5-A, revocations ordered by the board are subject to judicial review exclusively in the Superior Court in accordance with Title 5, chapter 375, subchapter 7. This subsection applies to any new manufactured housing that is sold to a consumer after January 1, 1993.
4. Remedies for installation defects.
The board staff shall may 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 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. Notwithstanding the provisions of Title 10, section 8003, subsection 5-A, revocations ordered by the board are subject to judicial review exclusively in the Superior Court in accordance with Title 5, chapter 375, subchapter 7. This subsection applies to any new manufactured housing that is sold to a consumer after January 1, 1993.
Sec. D-6. 10 MRSA §9010, as amended by PL 1993, c. 642, §20, is repealed.
Sec. D-7. 10 MRSA §9021, as amended by PL 2005, c. 344, §§12 to 17, is further amended to read:
The board shall adopt rules governing qualifications for each category of license under its jurisdiction.
1. Licenses required.
Any person who engages in the business of manufacturing, brokering, distributing, selling, installing or servicing manufactured housing shall must 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 and new manufactured housing if such housing is sold or offered for sale by a licensee of the board.
1-A. Initial training.
Beginning July 1, 2000, all All licensees and applicants for licensure must obtain initial training, including, but not limited to, the servicing and installation of manufactured housing. Applicants for initial licensure must complete the training before the board approves the application for licensure. All persons holding licenses on July 1, 2000 have 2 years from the time the training requirements are established by the board in which to complete the training. The cost for the training must be set by the board in an amount not to exceed $25.
2. License fees.
The board may establish and collect the following fees. All fees collected must be paid to the Treasurer of State for deposit in the Manufactured Housing Fund. A. The license fee for manufacturers of manufactured housing who deliver or sell manufactured housing may not exceed $200 annually. Each manufacturing plant that delivers or sells manufactured housing in the State must obtain a separate license.
B. The license fee for dealers or developer dealers who are engaged in the retail selling, offering for sale, brokering or distribution of manufactured housing may not exceed $200 annually.
C. The license fee for mechanics who service or install manufactured housing, as defined in section 9002, subsection 7, paragraphs A and C, may not exceed $200 annually.
D. The additional license fee for dealers, developer dealers, installers or mechanics who have more than one business location may not exceed $50 annually per additional location.
E. The license fee for an installer, as defined in section 9002, subsection 6-A, who installs manufactured housing, as defined in section 9002, subsection 7, may not exceed $200.
2-A. Fees.
The Director of the Office of Licensing and Registration within the Department of Professional and Financial Regulation may establish by rule fees for purposes authorized under this chapter in amounts that are reasonable and necessary for their respective purposes. The license fee to operate a mobile home park pursuant to subchapter 6 may not exceed a base fee of $40 plus an additional amount of up to $4 per mobile home site. This fee must accompany each license application, including applications for mobile home park expansion and license renewal. The review and evaluation fees authorized by section 9083 may not exceed the actual cost of the review or evaluation. The fee for any inspection authorized by this chapter may not exceed the actual cost of the inspection. The fee for any other purpose authorized by this chapter may not exceed $200. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
3. License term.
Licenses expire February 28th or at such other times as the Commissioner of Professional and Financial Regulation may designate and are issued on a biennial basis upon payment of a the license fee as set under subsection 2-A. An additional license fee for each additional business location may be set under subsection 2-A for dealers, developer dealers, installers or mechanics who have more than one business location.
4. Renewals.
The board shall notify each licensee of the expiration date of that licensee's license and indicate the amount of fee required for biennial renewal. Notice must be mailed to each licensee's last known address at least 30 days in advance of the expiration date of the license. A license may be renewed up to 90 days after the date of its expiration upon payment of a late fee of $50 in addition to the renewal fee as set under subsection 2-A. If any licensee fails to renew within 90 days after expiration, that licensee is required to make a new application.
6. Financial responsibility.
The board may require bonding or other reasonable methods to ensure that manufacturers, dealers, developer dealers and others licensed under this chapter are financially responsible to fully comply with this chapter.
7. Service of process.
In order to obtain a license under this chapter, a person who is not a resident of this State shall designate the executive director of the board as the person's agent for service of process in this State. The following provisions govern this requirement.A. A person who applies for a license shall file with the executive director, in a form prescribed by rule, an irrevocable consent appointing the executive director to be that person's agent to receive service of any lawful process in any civil proceeding against that person, a successor or a personal representative that arises under this chapter or any rule or order of the board after consent has been filed, and that service of process has the same force and validity as if served on the person who filed the consent.
B. If a person engages in conduct prohibited by this chapter or any rule or order of the board and that person has not filed a consent to service of process under paragraph A, the executive director is automatically appointed as the person's agent to receive service of any lawful process in a civil proceeding against that person, a successor or a personal representative that results because of the person's conduct under this chapter or any rule or order of the board, and that service of process has the same force and validity as if served on the person.
C.
Service under paragraphs A and B may be made by leaving a copy of the process in the office of the executive director but is not effective unless:
(1) The plaintiff, who may be the executive director or the board, immediately sends notice of the service and a copy of the process by registered or certified mail, return receipt requested, to the defendant or the respondent at the address last known to the executive director; and
(2) The plaintiff files an affidavit of compliance with this paragraph in the proceeding on or before the return date of the process, if any, or within any further time the court, or the board in a proceeding before the board, allows.
D. Service as provided in paragraph C may be used in any proceeding before the board or by the executive director in any proceeding in which the executive director is the moving party.
E. When the process is served under paragraph C, the court or the board shall order continuances as necessary to afford the defendant or the respondent reasonable opportunity to defend.
8. Licensing penalties.
The board may suspend, revoke or refuse to renew the license under this chapter of any person who is found to have: A. Committed fraud, misrepresentation or deception in obtaining a license;
B. Accepted manufactured housing, directly or indirectly, from a manufacturer not licensed by the State pursuant to this chapter;
C. Sold or delivered, directly or indirectly, manufactured housing to a dealer or developer dealer not licensed by the State pursuant to this chapter; or
D. Violated any provision of or rules adopted under this chapter or any other applicable warranties.
8-A. Denial or refusal to renew license; disciplinary action.
In addition to the grounds enumerated in Title 10, section 8003, subsection 5-A, paragraph A, the board may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5-A for any of the following reasons: A. Accepting manufactured housing, directly or indirectly, from a manufacturer not licensed by the State pursuant to this chapter;
B. Selling or delivering, directly or indirectly, manufactured housing to a dealer or developer dealer not licensed by the State pursuant to this chapter; or
C. Violation of any of the provisions of chapter 213.
9. Proof of sales tax registration.
The board shall require that an applicant for a manufacturer, dealer or developer dealer license under this subchapter demonstrate that the applicant is registered with the State Tax Assessor for the collection of sales and use tax under Title 36, chapter 211 or that the applicant is not required to register under that chapter.
Sec. D-8. 10 MRSA §9043, sub-§2, as repealed and replaced by PL 1981, c. 152, §14, is further amended to read:
2. Local option.
The provisions of this subchapter shall must be waivered waived by the board with respect to manufactured housing which that is installed in a municipality which that has adopted a building code and has a local building code enforcement agency if: A. The manufactured housing is found by the local enforcement agency to comply with the applicable local building code; and
B. The local enforcement agency so reports to the board in such form and detail as the board may reasonably require.
Sec. D-9. 10 MRSA §9045, as amended by PL 2005, c. 344, §20, is repealed and the following enacted in its place:
A fee for each new dwelling unit that is installed in the State and fees for inspection of manufactured housing that must be paid by the manufacturer, dealer, developer dealer, installer or mechanic whose actions or failure to act gave rise to the necessity of the inspection are set under section 9021, subsection 2-A.
Sec. D-10. 10 MRSA §9048, sub-§5, as enacted by PL 1981, c. 152, §14, is amended to read:
5. Formal agreements.
The board, subject to the approval of the Commissioner of Business Regulation Professional and Financial Regulation, may enter into formal agreements with the agencies or authorities of other states, or other governmental agencies, or their agents, to carry out the purpose of this chapter.
Sec. D-11. 10 MRSA §9071, as amended by PL 1995, c. 353, §7, is repealed.
Sec. D-12. 10 MRSA §9072, as amended by PL 1987, c. 395, Pt. A, §41 and PL 1999, c. 547, Pt. B, §78 and affected by §80, is repealed.
Sec. D-13. 10 MRSA §9083, as amended by PL 1991, c. 714, §5, is repealed and the following enacted in its place:
Application and license fees for mobile home parks may be set under section 9021, subsection 2-A, including applications for mobile home park expansion and license renewal. Fees may also be set under section 9021, subsection 2-A for mobile home park inspections; for the cost of reviewing engineering and site plans; for costs incurred in evaluating an applicant’s eligibility for licensure as a mobile home park; and for costs incurred in evaluating a licensee’s ongoing compliance with the requirements of this subchapter and the rules of the board. Failure to pay costs billed to an applicant or licensee within 90 days of the billing date constitutes grounds for license revocation, unless an extension for an additional period not to exceed 90 days is granted in writing by the board.
Sec. D-14. 10 MRSA §9084, as amended by PL 1999, c. 386, Pt. C, §4 and PL 2003, c. 689, Pt. B, §6, is further amended to read:
The board shall, within 30 days following receipt of application, issue an annual license to operate any mobile home park which that is found to comply with this subchapter and the rules adopted by the board.
When any applicant is found, based upon an inspection by the board or by municipal inspection made according to section 9088, not in compliance with the requirements of this subchapter or rules adopted and approved pursuant to section 9085 or section 9088, subsection 1, the board may refuse issuance of the initial license but shall issue a conditional license except when conditions are found that present a danger to the health and safety of the public. A conditional license may not exceed 90 days. Failure by the conditional licensee to meet the conditions specified permits the board to void the conditional license.
The conditional license shall be is void when the board has delivered in hand or by certified mail a written notice to the conditional licensee or, if the licensee cannot be reached for service in hand or by certified mail, has left notice thereof at the facility.
Upon the written request of the board, the Department of Health and Human Services, Division of Health Engineering Maine Center for Disease Control and Prevention shall provide such technical services as may be required by the board to assist with inspections and licensing of new mobile home parks. The department may assess the mobile home park owner a reasonable fee for these services.
All mobile home park licenses expire annually on a date established by the Commissioner of Professional and Financial Regulation. Licenses may be renewed upon application and upon payment of the prescribed renewal fee as set under section 9021, subsection 2-A, subject to compliance with rules of the board and with this subchapter. The board shall notify each licensee of the expiration date of that licensee's license and indicate the fee required for annual renewal. Notice must be mailed to each licensee's last known address at least 30 days in advance of the expiration of the license. A license may be renewed up to 90 days after the date of its expiration upon payment of a late fee of $50 in addition to the renewal fee as set under section 9021, subsection 2-A. If any licensee fails to renew within 90 days after expiration, that licensee is required to make a new application.
The issuance of the license provided for in this subchapter does not provide exemption from other state or local laws, ordinances or regulations, notwithstanding any other provision of law.
A license issued under this subchapter may not be assigned or transferred.
Licenses erroneously issued by the board are void and shall be returned to the board on demand as stated in a notice delivered by hand or by certified mail to the licensee. For cause, the board may revoke or suspend any license pursuant to section 9089.
Sec. D-15. 10 MRSA §9088, sub-§6, as enacted by PL 1983, c. 553, §17, is amended to read:
6. License fee.
When a license is issued on the basis of a municipal inspection, as specified in this section, the requirement for payment of a license fee to the board, as set forth in section 9083, shall be 9021, subsection 2-A, is waived. The licensee shall be required to pay the board a sum not to exceed $10 to support the costs of mailing and handling.
Sec. D-16. 10 MRSA §9089, as enacted by PL 1983, c. 553, §17 and amended by PL 1999, c. 547, Pt. B, §78 and affected by §80, is repealed and the following enacted in its place:
The board may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5-A for any of the reasons enumerated in Title 10, section 8003, subsection 5-A, paragraph A.