(1)
(a) No
person shall engage in business as a manufacturer of modular building units for
sale or installation in the State of Tennessee without first having obtained a
manufacturer's license from the Department.
(b) No person shall engage in business as a
dealer of modular building units in the State of Tennessee without first having
obtained a dealer's license from the Department.
(c) No person shall engage in business as an
installer of modular building units in the State of Tennessee without first
having obtained an installer's license from the Department.
(2) A separate license shall be
required for each manufacturing facility operated by a manufacturer, or place
of business operated by a dealer or installer under this chapter.
(3) An application for a license required
hereunder shall be submitted on the form prescribed by the Department, and
accompanied by a non-refundable application fee as follows:
Manufacturer
..................................................................................$150.00
Dealer....................................................................................
$150.00
Installer...........................................................................................$150.00
(4) The application shall be
submitted on a form prescribed by the Department and include the following
information:
(a) Name and address of the
applicant;
(b) Ownership and
management of the applicant's business;
(c) The applicant's experience in modular
building unit manufacturing, sales, or installation;
(d) Any manufacturer's, dealer's or
installer's licenses held by the applicant in this or another state;
(e) Any disciplinary action affecting any
such licenses;
(f) If applying to
be a manufacturer, under which inspection program the manufacturer will
operate, and
(g) Any other
information necessary to effectively administer the program.
(5) The Department shall be
notified in writing of any change in the information furnished in an
application, prior to and throughout licensure, within thirty (30) days of such
change.
(6) The Department shall
issue a license to qualified applicants upon receipt of the appropriate license
fee as follows:
Manufacturer
................................................................................$1000.00
Dealer.............................................................................................$500.00
Installer...........................................................................................$250.00
(7) All licenses issued hereunder
are not transferable or assignable and shall expire on June 30 of each year and
are invalid from that date onward unless renewed. An initial license that is
issued between April 1 and June 30 during any given year shall expire on June
30 of the following year.
(8) An
application for renewal of a license shall be submitted on the form prescribed
by the Department, and accompanied by the appropriate renewal fee as follows:
Manufacturer
................................................................................$
500.00
Dealer...........................................................................................$
250.00
Installer.........................................................................................$
150.00
(9) Any manufacturer,
dealer, or installer who fails to renew such manufacturer's, dealer's, or
installer's license on or before its expiration date, June 30, and until August
31 shall be required to pay one-half (1/2) of the license fee, in addition to
the fee established in paragraph (9) of this rule.
(10) Any manufacturer, dealer, or installer
who has failed to renew his or her manufacturer's, dealer's or installer's
license as of September 1 of each year shall be required to apply for a new
license as prescribed in paragraphs three (3) through (6) of this
rule.
(11) Any change of ownership
shall require a new license.
(12)
Any applicant for a new or renewal of a license as a manufacturer, dealer or
installer of modular building units shall submit a surety bond executed by the
applicant (as principal) and by a surety company qualified to do business in
this state (as surety).
(a) Each bond shall be
for the benefit of any person who suffers loss or damage resulting from
code-related non-compliance with the Tennessee Modular Building Act or the
rules duly promulgated thereunder by such manufacturer, dealer or
installer.
(b) The bond shall be in
the following amounts:
Manufacturer
................................................................
$100,000.00
Dealer.............................................................................
$50,000.00
Installer...........................................................................
$25,000.00
(c) Each bond
shall cover code-related non-compliances occurring during the license period. A
new bond or proper continuation certificate shall be submitted with each
application for license renewal. The aggregate liability of the surety for
code-related non-compliances occurring in each license year shall in no event
exceed the amount of the bond for that year. If applicant can show proof of an
effective bond or insurance coverage that would cover the manufacture of a
modular building unit, such as a requirement under the Board of Licensing
Contractors, this section does not require a separate bond.
(d) A separate bond shall be required for
each place of business operated by a manufacturer, dealer or
installer.
(13) An
application for a new or renewal of a license will not be considered complete
until all required information, the bond and fees have been
submitted.
