(1) When
an inspection reveals that a manufactured dwelling, installation, or the
equipment violates a provision of ORS chapter 446, the HUD Standard, the Oregon
Manufactured Dwelling Installation Specialty Code or these rules, the division
may serve upon the dealer, distributor, installer, contractor, manufacturer, or
agent thereof a copy of the inspection report giving details of the violations.
The division may also post a Notice of Violation on the manufactured dwelling
or equipment.
(2) Violations must
be corrected within 30 days from the date of such notice or at a later date, if
approved by the division.
(3) If
the violations are not corrected in the allotted time, the division may
withdraw any previously issued insignia of compliance or certification
tags.
(4) Within 30 days of the
date of notice, the recipient of a Notice of Violation or inspection report
must inform the division in writing of the action taken to correct the
violations. Persons failing to reply to the division within 30 days may be
subject to the reinspection fees in OAR
918-500-0100(4)
and those civil penalties described in ORS
446.271,
446.416 and
446.990. A manufactured dwelling
subject to a Notice of Violation may not be transported without division
approval.
(5) When a Notice of
Violation has been posted on the manufactured dwelling or equipment, the notice
may not be removed until authorized by the division. A Notice of Violation may
be removed only by the division or a person authorized by the division.
EXCEPTION: If a Notice of Violation or inspection
report has been posted on a manufactured dwelling while in storage and the
violations noted were only related to the storage conditions, the manufactured
dwelling may be moved to the manufactured dwelling site without notification to
or approval from the division. Under these conditions only, the dealer,
distributor, or manufacturer may remove the Notice of Violation from the
manufactured dwelling.
Notes
Or. Admin. Code
§
918-500-0420
BCA 1-1990, f. & cert.
ef. 1-2-90; BCA 10-1992, f. 6-15-92, cert. ef. 7-1-92; BCD 2-1994, f. 1-14-94,
cert. ef. 2-1-94; BCD 19-1995, f. 12-15-95, cert. ef. 1-1-96; BCD 22-1998, f.
11-9-98, cert. ef. 1-1-99; BCD 1-2002, f. 1-28-02, cert. ef. 4-1-02; BCD
1-2010, f. 3-1-10, cert. ef. 4-1-10
Publications: Publications referenced are available from the
agency.
Stat. Auth.: ORS
446.176 &
446.230
Stats. Implemented: ORS
446.160