20 CSR 4240-120.085 - Re-Inspection and Re-Inspection Fee
(1)
Re-inspections subsequent to routine inspections of new manufactured homes.
(A) The manager may conduct re-inspections of
new manufactured homes to verify corrections have been made to address code
violations identified on the initial routine inspection report.
(B) The manager shall not assess the dealer,
installer, or the manufacturer, or each entity, a fee for the first
re-inspection.
(C) The manager, in
consultation with the commission staff director, after attempting to contact
the entity involved and documenting consideration of potential mitigating
factors, including, but not limited to, the number of similar non-compliance
issues, circumstances beyond the entity's control, and the entity's
responsiveness to commission requirements, may assess re-inspection fee(s) of
two hundred dollars ($200) for any re-inspection subsequent to the first
re-inspection. The fee is charged to the dealer, installer, or the manufacturer
who was responsible for making the corrections and completing the corrections.
The manager will track fees assessed or waived under this provision, along with
any documented consideration of mitigating factors, and compile a quarterly
report summarizing such information for review by the commission.
(2) Re-inspections subsequent to a
consumer complaint.
(A) The manager may
conduct re-inspections of new manufactured homes to determine if the required
corrections have been completed by the dealer, installer, or manufacturer
within sixty (60) days of the initial inspection.
(B) The manager, in consultation with the
commission staff director, after attempting to contact the entity involved and
documenting consideration of potential mitigating factors, including, but not
limited to, the number of similar non-compliance issues, circumstances beyond
the entity's control, and the entity's responsiveness to commission
requirements, may assess the dealer, installer, or the manufacturer, or each
entity, a fee for the re-inspec-tion(s) if the dealer, installer, or the
manufacturer responsible for making the required corrections fails to complete
the required corrections within sixty (60) days of receipt of a consumer
complaint. The fee shall not be charged to the dealer, installer, or the
manufacturer who is responsible for making the required corrections if, during
the re-inspection, it is found that the required corrections have been
corrected within sixty (60) days of the initial inspection. The manager will
track fees assessed or waived under this provision, along with any documented
consideration of mitigating factors, and compile a quarterly report summarizing
such information for review by the commission.
(3) The re-inspection shall address all
violations listed in the initial inspection report. A copy of the re-inspection
report shall be forwarded to the manufacturer, installer, or dealer, or each
responsible entity, and the consumer, if applicable, within ten (10) days from
the date of the re-inspection, for corrective action as well as an invoice for
the reinspection fee, if applicable.
(4) The assessed fee shall be paid to the
commission within twenty (20) working days from the date the re-inspection is
completed. Each manufacturer, installer, and dealer shall submit, along with
the fee, a written plan of action to be taken by each to correct any remaining
violations identified and, unless otherwise approved by the manager,
corrections shall be completed within thirty (30) days of the
re-inspection.
(5) The fee for all
inspections requested by third parties is four hundred dollars ($400), except
the fee for third party inspection requests for the purpose of serial number
verification is two hundred dollars ($200). Requests for inspections by third
parties must be submitted in writing to the manufactured housing and modular
units program along with the associated inspection fee. Licensed manufacturers
or dealers are not considered third parties.
(6) If the manufacturer, installer, or dealer
has not paid the re-inspection fee within thirty (30) days of the prescribed
date, the manager may file a complaint and the commission may suspend the
manufacturer, installer, or dealer certificate or registration.
(7) The following situations constitute
grounds for the denial, revocation, or placing on probation of a manufacturer,
installer, or dealer certificate of registration:
(A) Failure to pay a re-inspection fee by the
prescribed due date for two (2) consecutive months; or
(B) Failure to pay a re-inspection fee by the
prescribed due date for any four (4) of the preceding twelve (12)
months.
Notes
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