20 CSR 4240-123.030 - Seals
(1) No modular unit which entered the first
stage of production after July 1, 1976, shall be rented, leased, or sold or
offered for rent, lease, or sale in this state unless a seal or approved
insignia is properly affixed to it.
(2) An application for a seal shall be
submitted to the manager and it shall be executed on a form which shall be
provided by the manager. One (1) form may be used to apply for all seals
required at a given time.
(3) To be
complete, an application for seals to be affixed to modular units manufactured
or to be manufactured under an approved manufacturing program shall be executed
by the manufacturer (or the manufacturer's agent if the manufacturer is a
corporation) of the modular unit to which the requested seals will be affixed
and shall include:
(A) An affidavit of the
applicant or the applicant's agent if the applicant is a corporation,
certifying that each requested seal will be affixed only to modular units
manufactured under an approved manufacturing program and that each modular unit
to which a requested seal will be affixed will comply with the code at the time
it is rented, leased, sold, or offered for rent, lease, or sale by the
applicant. Each new modular unit sold or placed in the state must contain the
applicable seal as specified in this section; and
(B) A nonrefundable fee of two hundred twenty
dollars ($220) for each seal requested.
(4) The manager is authorized to refuse to
issue a seal under any of the following circumstances:
(A) If the modular unit to which the seal is
to be affixed does not comply with the code which was in effect when it entered
the first stage of production;
(B)
If the manager has not approved the applicant's manufacturing
program;
(C) If the manager's
approval of the applicant's manufacturing program has lapsed, expired, or been
withdrawn pursuant to
4 CSR
240-123.040;
(D) If at the time of application the manager
has reason to believe that the applicant is failing to abide by Chapter 700,
RSMo;
(E) If the manager has reason
to believe that the seal will be placed on a unit which is not a complete
modular unit.
(5) A seal
or a written refusal to issue a seal shall be issued by the manager within ten
(10) working days after s/he has received a complete application. A notice of
refusal shall specify the reason for refusal.
(6) Seals may be delivered by one (1) of the
following methods:
(A) By prepaid certified
mail, requesting a return receipt signed by addressee only, sent to the
applicant's place of business; or
(B) By delivery to an applicant in person at
the office of the commission's manufactured housing and modular units program.
Upon delivery of seals by this method, the applicant shall provide to the
manager a written acknowledgement of receipt.
(7) A seal shall be affixed to the electric
panel box of a completed modular unit. A seal shall be located so that
person(s) shall have an unobstructed view of seal.
(8) Within thirty (30) days of the discovery
that a seal issued to him/her has become lost, mutilated, or otherwise
unserviceable, a dealer or manufacturer shall provide written notice of such to
the manager.
(9) Any person to whom
a seal has been issued or who owns a modular unit to which a seal or approved
insignia has been affixed may apply for the replacement of such seal or
approved insignia if it becomes lost, mutilated or otherwise unserviceable.
Applications for replacement seals shall be made on the same forms and in the
same manner as applications for seals are made under this rule. A fee of forty
dollars ($40) shall be charged for a replacement seal.
(10) Seals and approved insignia may be
removed by the manager from any modular unit which is found to be in violation
of the code which was in effect when it entered the first stage of production.
Seals issued to a person who manufactures modular units under an approved
manufacturing program must be returned to the manager immediately if the
approval is withdrawn by the manager.
(11) If the manager removes a seal or
approved insignia from a modular unit, s/he shall provide written notice of
such action to the owner of the unit. The notice shall be mailed within ten
(10) working days of the removal and shall be sent by prepaid certified mail,
requesting a return receipt signed by addressee only, to the last known address
of the owner. The notice shall state the reason for the removal.
(12) When a seal or approved insignia is
removed by the manager, s/he shall place a prohibited sale notice in the
location specified for the seal in section (7) of this rule. A prohibited sale
notice shall state that the rental, lease, or sale or the offering for rent,
lease, or sale of the modular unit to which the notice is attached is
prohibited under section
700.015, RSMo. The prohibited
sale notice shall also state that further information may be obtained from the
manager, whose name, address, and telephone number shall be listed on the
notice. A copy of the prohibited sale notice shall be on file in the office of
the manufactured housing and modular units program of the commission.
(13) The manager may issue a seal to any
registered dealer or owner who has acquired a pre-owned modular unit without a
seal, if proof is submitted to the manager that the unit meets the requirements
of the existing International Building Code (IBC) or International Residential
Code (IRC) as recognized by the commission pursuant to section
700.021, RSMo. Proof may include
verification that the unit meets the applicable code from an approved
third-party inspection agency or other entity approved by the commission. The
dealer or owner must make any changes required to bring the unit into
compliance with the applicable code. The manager may issue a seal once all the
requirements of Chapters 700 and 123, RSMo, are met, required inspections are
completed and the applicable seal fee is submitted.
Notes
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