02-385 C.M.R. ch. 340
SUMMARY: This chapter sets forth requirements for licensure as a mechanic, installer, dealer, developer dealer or manufacturer of manufactured housing.
1. An outline of the proposed training shall be submitted to the board for approval, except where the training is developed by the board.
2. The initial training shall consist of not less than four hours, including but not limited to training in the following areas: a. Statutes and rules relevant to all types of manufactured housing by the board; b. The installation and servicing of HUD-code and pre-HUD-code homes; and c. The installation and servicing of State-certified modular homes.
3. The cost for board-developed training shall be set by the board in an amount not to exceed $25.
4. A manufacturer of State-certified modular homes shall be responsible for educating its dealers and/or installers in specific installation methods required for the proper installation of its products.
All licensees shall submit proof of products/completed operations liability insurance and workers' compensation insurance as set forth herein regardless of when the license was initially issued or last renewed. Licensees shall maintain this coverage in effect at all times as an ongoing condition of licensure and shall present proof of insurance annually as set forth in this Section 1(B), Section 4(A)(1), Section 4(B)(1), Section 4(C)(1), Section 4(D)(1), Section 4(E)(1) and Section 5(B) of this chapter.
1. On June 30, 2005, and on June 30 of every odd-numbered year thereafter, all mechanics, developer dealers and installers shall submit proof of products/completed operations liability insurance, for a limit of not less than $300,000 per occurrence, bodily injury and property damage or combined single limit, and proof of workers' compensation insurance (unless waived in a manner
approved by the Workers’ Compensation Board) applicable to products sold, or work performed in Maine. Insurance policies must remain in effect while a license is active. The liability policy must include mandatory notice of cancellation to the Manufactured Housing Board. Sole proprietors, owners of a partnership and owners or members of a limited liability company need not provide proof of workers’ compensation insurance on themselves.
Proof of insurance as described above in even-numbered years shall be submitted with the licensee’s application for license renewal pursuant to Section 4(B) of this chapter.
2. On June 30, 2005, and on June 30 of every odd-numbered year thereafter, all dealers and manufacturers shall submit proof of products/completed operations liability insurance, for a limit of not less than $1,000,000 per occurrence, bodily injury and property damage or combined single limit, and proof of workers’ compensation insurance (unless waived in a manner approved by the Workers’ Compensation Board) applicable to products sold, or work performed in Maine. Insurance policies must remain in effect while a license is active. The liability policy must include mandatory notice of cancellation to the Manufactured Housing Board. Sole proprietors, owners of a partnership and owners or members of a limited liability company need not provide proof of workers’ compensation insurance on themselves.
Proof of insurance as described above in even-numbered years shall be submitted with the licensee’s application for license renewal pursuant to Section 4(B) of this chapter.
3. Proof of products/completed operations liability insurance and workers’ compensation insurance consists of a binder or certificate of insurance.
The provisions of this subsection apply to all persons licensed as dealers prior to the effective date of this subsection.
Dealers subject to this subsection shall have an established place of business as set forth in this subsection. “Established place of business” means a fixed and definite place of business where the licensee and its employees may be personally contacted without unreasonable delay and at which the business of a manufactured housing dealer may be lawfully carried on. All necessary books, records and files to conduct business shall be kept and maintained at the place of business, and the place of business shall display an exterior sign.
The licensee may not add new branch locations until the branch office fee has been paid.
Compliance with this subsection is an ongoing requirement of licensure for dealers subject to this subsection.
The provisions of this subsection apply to all persons initially licensed as dealers on or after the effective date of this subsection, and to all persons newly re-licensed as dealers on or after the effective date of this subsection following the lapse, termination or revocation of an earlier dealer license.
Dealers subject to this subsection shall have an established place of business as set forth in this subsection. The primary business location of the dealer and any branch location must meet the following requirements:
1. Be located in an enclosed building(s) which is in good repair, free of obstruction, and which has a source of heat;
2. Have an office that is at least 100 square feet in size, is used for the dealer's business, is entered through an exterior door that is readily accessible to the public, is completely enclosed by floor to ceiling construction, and is separate from any living quarters;
3. Have business hours which are posted and clearly visible on the exterior or through a window of the building;
4. Display the license(s) issued by the board.
5. Have a permanently mounted exterior sign that displays the business name of the dealer and is visible from the entrance of the business establishment. The face of the sign must be at least 12 square feet in size. The lettering of the sign must be readable from a distance of 200 feet.
6. Conform to all local zoning, land use and signage requirements. If the requirements of this paragraph are inconsistent with local requirements, the board may waive the requirements of this paragraph to the minimum extent necessary to enable compliance with the local requirements.
The licensee may not change its primary business location or add new branch locations until such primary or branch locations have been approved by the board and any applicable branch office fee has been paid.
Compliance with this subsection is an ongoing requirement of licensure for dealers subject to this subsection.
The applicant shall submit an application under oath on forms provided by the board together with the fees required by Chapter 10, Section 4(22) of the rules of the Office of Licensing and Registration. Incomplete applications may be returned to the applicant.
The application shall include the information and documentation described below and such other relevant information as the board may require:
1. 1. Designation of the classification of license sought by the applicant;
2. 2. A certificate of completion of a board-approved training program;
3. 3. If the applicant is a sole proprietor, the name, date of birth, contact address, social security number, telephone number, fax number and email address of the applicant;
4. 4. If the applicant is a partnership, the name, contact address, employer identification number, telephone number, fax number and email address of the partnership; the name and contact address of each partner; and the name of the partner who will be representing the applicant in matters before the board;
5. 5. If the applicant is a corporation, the name, contact address, employer identification number, telephone number, fax number and email address of the corporation; the name of the parent company, if any; the name, contact address and title of each corporate officer and director; the name and contact address of each shareholder owning 10% or more of the voting stock of the corporation, including over-the-counter stock, unless the stock is traded on a major stock exchange and not over-the-counter; a certificate of existence from the Maine Secretary of State or, for corporations not organized under Maine law, a certificate of authority from the Maine Secretary of State; and the name of the corporate officer who will be representing the applicant in matters before the board; and
6. 6. If the applicant is a limited liability company, the name, contact address, employer identification number, telephone number, fax number and email address of the limited liability company; the current list of names and mailing addresses of each member and manager described in 31 MRSA §655(1)(A); a certificate of existence from the Maine Secretary of State or, for limited liability companies not organized under Maine law, a certificate of authority from the Maine Secretary of State; and the name of the member or manager who will be representing the applicant in matters before the board.
An applicant who is not a resident of the State shall designate, on forms provided by the board, the Executive Director of the board as the applicant’s agent for service of process in this State.
Applicants shall submit the following additional information and documentation described below for each license type:
1. Insurance – Proof of products/completed operations liability insurance for a limit of not less than $1,000,000 per occurrence, bodily injury and property damage or combined single limit, and proof of workers’ compensation insurance (unless waived in a manner approved by the Workers’ Compensation Board) applicable to products sold, or work performed in Maine. Insurance policies must remain in effect while a license is active. The liability policy must include mandatory notice of cancellation to the Manufactured Housing Board. Sole proprietors, owners of a partnership and owners or members of a limited liability company need not provide proof of workers’ compensation insurance on themselves;
2. Type of Manufactured Housing – The type of manufactured housing that the applicant intends to sell;
3. Employment Record – Evidence of two years of work experience under the supervision of a dealer or manufacturer related to the type of manufactured housing that the applicant intends to sell, or evidence of work experience or training deemed equivalent by the board;
4. References – The names of three individuals, including their telephone numbers and occupations, who can attest to the reputation, character, and technical competence of the applicant. At least one of the references shall be a licensee of the board, whose license number shall be stated;
5. Installation – Whether employees of the applicant, subcontractors licensed by the board, or both will be installing the homes sold by the applicant. If subcontractors, the applicant shall provide the names, license numbers and addresses of the subcontracting installers or mechanics;
6. Service – Whether employees of the applicant, subcontractors or both will be performing any necessary warranty service on the homes sold by the applicant. If any subcontractors are licensed by the board, the applicant shall provide the names, board license numbers and addresses of the subcontracting installers or mechanics;
7. Sales tax number – A State of Maine sales tax number; and
8. Established place of business – The dealer applicant shall have an established place of business as required by Section 2(B) of this chapter. Compliance with this paragraph shall be an ongoing requirement of licensure.
1. Insurance – Proof of products/completed operations liability insurance for a limit of not less than $300,000 per occurrence, bodily injury and property damage or combined single limit, and proof of workers’ compensation insurance (unless waived in a manner approved by the Workers’ Compensation Board) applicable to products sold, or work performed in Maine. Insurance policies must remain in effect while a license is active. The liability policy must include mandatory notice of cancellation to the Manufactured Housing Board. Sole proprietors, owners of a partnership and owners or members of a limited liability company need not provide proof of workers’ compensation insurance on themselves;
2. Site location(s) – The location(s) of the real estate owned by the applicant where homes will be sited. During the course of the license term, the developer dealer shall notify the board in writing of any additional locations that will be used for siting State-certified modular homes;
3. Manufacturers or dealers – The names and addresses of the manufacturer or dealer from whom homes will be purchased; and
4. Sales tax number – A State of Maine sales tax number.
5. References – The names of three individuals, including their telephone numbers and occupations, who can attest to the reputation, character, and technical competence of the applicant. At least one of the references shall be a licensee of the board, whose license number shall be stated.
C. Installer
1. Insurance – Proof of products/completed operations liability insurance for a limit of not less than $300,000 per occurrence, bodily injury and property damage or combined single limit, and proof of workers’ compensation insurance (unless waived in a manner approved by the Workers’ Compensation Board) applicable to products sold, or work performed in Maine. Insurance policies must remain in effect while a license is active. The liability policy must include mandatory notice of cancellation to the Manufactured Housing Board. Sole proprietors, owners of a partnership and owners or members of a limited liability company need not provide proof of workers’ compensation insurance on themselves;
2. Employment record – Evidence of two years of work experience related to the license being applied for under the supervision of a dealer or installer, or evidence of work experience or training deemed equivalent by the board; and
3. References – The names of three individuals, including their telephone numbers and occupations, who can attest to the reputation, character, and technical competence of the applicant. At least one of the references shall be a licensee of the board, whose license number shall be stated.
D. Manufacturer
1. Insurance – Proof of products/completed operations liability insurance for a limit of not less than $1,000,000 per occurrence, bodily injury and property damage or combined single limit, and proof of workers’ compensation insurance (unless waived in a manner approved by the Workers’ Compensation Board) applicable to products sold, or work performed in Maine. Insurance policies must remain in effect while a license is active. The liability policy must include mandatory notice of cancellation to the Manufactured Housing Board. Sole proprietors, owners of a partnership and owners or members of a limited liability company need not provide proof of workers’ compensation insurance on themselves;
2. Type of manufactured housing – The type of manufactured housing the applicant intends to manufacture;
3. For a manufacturer of State-certified modular homes – The manufacturer’s authorized third-party inspection agency’s compliance assurance documents in accordance with the requirements of Chapter 110, Subpart D, Section II of the board’s Rules for the State Certification of Manufactured Housing;
4. Installation manual(s) – The manufacturer’s installation manuals. Subsequent changes in the installation manual(s) shall be submitted with the manufacturer’s applications for license renewal on an ongoing basis; and
5. Sales tax number – A State of Maine sales tax number.
E. Mechanic
1. Insurance – Proof of products/completed operations liability insurance for a limit of not less than $300,000 per occurrence, bodily injury and property damage or combined single limit, and proof of workers’ compensation insurance (unless waived in a manner approved by the Workers’ Compensation Board) applicable to products sold, or work performed in Maine. Insurance policies must remain in effect while a license is active. The liability policy must include mandatory notice of cancellation to the Manufactured Housing Board. Sole proprietors, owners of a partnership and owners or members of a limited liability company need not provide proof of workers’ compensation insurance on themselves;
2. Employment record – Evidence of two years of work experience related to the license being applied for under the supervision of a dealer or mechanic, or evidence of work experience or training deemed equivalent by the board; and
3. References – The names of three individuals, including their telephone numbers and occupations, who can attest to the reputation, character, and technical competence of the applicant. At least one of the references shall be a licensee of the board, whose license number shall be stated.
5. License Renewal
Renewal licenses are issued for a 2-year period beginning on June 30 of every even-numbered
year. The licensee shall submit a renewal application on forms provided by the board. The licensee shall enclose with the renewal application—
A. The license fee required by Chapter 10, Section 4(22) of the Rules of the Office of Licensing and Registration, entitled “Establishment of License Fees;” and
B. Proof of the products/completed operations liability insurance and workers’ compensation insurance described in Section 1(B) of this chapter.
A licensee shall notify the board of a change of contact address via letter, fax or email within 30 days after the change.
STATUTORY AUTHORITY: 10 M.R.S.A. §§8003(3)(D), 9005, 9021, and 9022
EFFECTIVE DATE:
December 16, 1979
AMENDED:
July 6, 1982
July 1, 1985
April 1, 1992
December 1, 1995
NON-SUBSTANTIVE CORRECTIONS:
November 25, 1997 - restored missing “license” in §1 sub-§B par. (1); minor punctuation.
AMENDED:
August 16, 2000
May 28, 2005 – filing 2005-183
March 14, 2007 – filing 2007-89