Current through Register Vol. 48, No. 10, October 25, 2024
Section 79-14 - Responsibility of Retail Dealer for Test Inspections and Other ItemsA. The retail dealer shall inspect every new manufactured home upon delivery from a manufacturer to determine if the home fails to conform to the Standards or contains an imminent safety hazard. Whenever a retail dealer finds a noncompliance or an imminent safety hazard in a manufactured home, the retail dealer shall contact the manufacturer, provide full information concerning the problem, and request appropriate action by the manufacturer. The retail dealer shall also notify the Department in writing that a manufactured home has been delivered by the manufacturer with a nonconformance or an imminent safety hazard. No retail dealer may sell a new manufactured home if it contains a failure to conform or an imminent safety hazard.B. The retail dealer shall inspect every new manufactured home prior to selling to determine that all items of furniture, appliances, fixtures and devices are not damaged and are in place.C. The retail dealer is responsible for making sure the installation and anchoring of all manufactured homes it sells meets the manufacturer's installation requirements and/or the minimum installation requirements as prescribed in these Regulations except as described in paragraph (D) below. If a retail dealer contracts or subcontracts the installation to a licensed installer, the installer or contractor will be responsible for all work it performs. Transportation of the manufactured home from the retail dealer's lot to the stand may be performed by a mover, employed or contracted by the retail dealer, or by an installer. When a mover employed or contracted by the retail dealer transports a manufactured home, the retail dealer will be responsible for any and all damage incurred to the home during the move. When an installer or contractor transports a manufactured home, the installer or contractor will be responsible for any and all damage incurred to the home during the move.D. If the consumer elects not to contract with a retail dealer for the installation and anchoring services, upon signing of a waiver by the consumer, the retail dealer shall be released from this responsibility.Added by State Register Volume 29, Issue No. 2, eff February 25, 2005.