- (a) The Director of the Arkansas Manufactured Home Commission, with the approval of the Arkansas Manufactured Home Commission, shall establish inspection and monitoring fees and provide for participation in the fee distribution system.
(b) State label fee.
(1)
- (A) Beginning October 1, 2007, there shall be a fee of fifty dollars ($50.00) per home for each new manufactured home shipped into the State of Arkansas.
- (B) This fee shall be paid to the commission by the home manufacturer.
(2)
- (A) Manufacturers shall also file a report of all manufactured homes shipped into the state per month.
- (B) This report shall be filed on a form provided by or approved by the commission.
- (3) Shipment reports and payment of required fees shall be made no later than the fifteenth day of the month following the reporting period.
- (4) It shall be a violation of this part for a manufacturer to fail to comply with the provisions of this subsection.
(c) Installation permit fee and random sample compliance assurance inspections.
(1)
- (A) Beginning October 1, 2007, licensed installers and installing retailers shall be required to affix an installation permit decal to each new manufactured home installed in the state.
- (B) Permit decals shall be purchased from the commission and affixed to the home at the point where electrical power is connected to the home.
- (C) Permit decals shall be affixed to the home within ten (10) days of delivery to the site.
(2)
- (A) There shall be a fee of ten dollars ($10.00) per each installation permit decal.
- (B) This fee shall be paid to the commission by the home installer.
(3)
- (A) Installers and installing retailers shall also file a report of all new homes installed in the state per month.
- (B) This report shall be filed on a form provided by or approved by the commission.
- (C) Installation reports shall be made no later than the fifteenth day of the month following the reporting period.
- (D) It shall be a violation of this part for an installer or installing retailer to fail to comply with the provisions of subdivisions (c)(2) and (3) of this section.
(4)
- (A) The commission shall approve a procedure for the timely inspection and certification of a percentage of the initial installations of new manufactured homes installed in the state on a random-sample basis to ensure compliance with installation standards adopted by the commission.
- (B) The percentage of homes inspected shall be set by the commission and shall be determined based on requirements of the federal standards program, as and when adopted by the commission.
- (C) The procedure shall place priority on inspecting homes installed in all regions of the state by all participating installers and installing retailers on a fair and equitable basis.
(5)
- (A) Compliance assurance inspections may be scheduled without notice.
- (B) Defects found in compliance assurance inspections may be processed in accordance with this part, beginning with 20 CAR § 911-306(f).
- (C) Determinations made by an authorized representative of the commission may be appealed in accordance with 20 CAR § 911-306(g).
(d) Initial one hundred percent (100%) inspection fees/certifications.
(1)
- (A) There shall be a fee of thirty dollars ($30.00) per hour for conducting initial one hundred percent (100%) inspections at manufacturer locations when the commission acts as a Production Inspection Primary Inspection Agency for the purpose of certifying the manufacturer as required under Title VI of the Housing and Community Development Act of 1974, 42 U.S.C. § 5301 et seq.
- (B) This fee shall be paid to the commission by the manufactured housing manufacturer for whom the inspection is conducted.
- (C) The manufacturer shall also be charged for reimbursement of mileage and per diem incurred by commission personnel to and from the location of the manufacturer.
- (2) The above procedures will be followed in the event it becomes necessary to withhold United States Department of Housing and Urban Development labels from the manufacturer because of continued failures to comply with the approved design or when there is evidence that the manufactured housing manufacturer is not performing under its approved quality control manual.
(e) Plant inspection fee.
- (1) There shall be a fee of twenty-five dollars ($25.00) per unit for the inspection of all manufactured homes manufactured within the State of Arkansas.
- (2) This fee shall be paid to the commission.
- (3) The manufacturer shall also be charged for reimbursement of mileage and per diem incurred by commission personnel to and from the location of the manufacturer.
(f) Special request for inspection.
- (1) When requests are made for inspections other than the regular monitoring plant inspections, a fee of thirty dollars ($30.00) per hour shall be charged to the manufacturer and paid to the commission.
- (2) The manufacturer shall also be charged for reimbursement of mileage and per diem incurred by commission personnel to and from the location of the manufacturer.
(g) Increased frequency inspection fee.
- (1) There shall be a fee of twenty-five dollars ($25.00) per unit for each reinspection for increased frequency inspections.
- (2) An increased frequency inspection shall be scheduled by the commission when inspections at a manufacturing facility reveal repeated failures to conform to the approved designs or when there is evidence that the manufactured home manufacturer is not performing under its approved quality control manual.
- (3) The commission may advise the manufacturer prior to the date of the scheduled inspection and the manufacturer shall comply with instructions, if any, relative to the increased frequency inspection.
- (4) The manufacturer shall also be charged for reimbursement of mileage and per diem incurred by commission personnel to and from the location of the manufacturer.
(h) Monitoring inspection fee.
- (1) There shall be a fee established by the Secretary of the United States Department of Housing and Urban Development in compliance with 24 C.F.R. § 3282.302(b)(6) to be paid by each manufacturer in this state for each manufactured home produced in this state.
- (2) The monitoring inspection fee shall be distributed according to federal regulations.
(i) Other special inspections.
- (1) When special inspections are requested by an unlicensed or uncertified person or company, a fee of twenty dollars ($20.00) per hour may be charged to the company or person requesting the inspection and paid to the commission.
- (2) The company or person shall also be charged for reimbursement of mileage and per diem incurred by commission personnel to and from the location of the inspection.