02-385 C.M.R. ch. 860
Summary: This chapter describes the board’s inspection program for manufactured housing communities.
Subject to 10 MRS §9086, the Board may inspect a manufactured housing community for compliance with the Board’s statute and rules upon initial licensure, upon expansion and upon change of licensee.
The Board may also inspect a community for compliance with the Board’s statute and rules in response to a complaint; on the basis of information indicating the possibility of a violation of statute or rule; or in the discretion of the executive director or an inspector of the Board, which discretion shall not be abused.
The Board will routinely and periodically inspect manufactured housing communities for compliance with the Board’s statute and rules. The baseline frequency of inspection is once every fourth calendar year. However, the Board may, in its discretion, inspect a community more or less frequently than once every fourth calendar year based on such factors as violations history and resource availability. The Board may attempt to coordinate inspections with other regulatory programs within the Department of Professional and Financial Regulation and other agencies within state government.
The Board will mail a copy of all inspection reports that list deficiencies or non-compliances to the Licensee at the Licensee’s last known address.
All deficiencies discovered during an inspection must be corrected. The Licensee shall correct deficiencies that do not involve a serious danger to the health or safety of the public within 90 days of receipt of notice from the Board. The Licensee shall correct deficiencies that involve a serious danger to the health or safety of the public within 24 hours of receipt of notice from the Board.
With the exception of electrical violations, the Licensee shall certify to the Board in writing within the applicable correction period that all deficiencies discovered during an inspection have been corrected and shall certify to the date(s) on which the corrections were made. With respect to electrical violations, the Licensee shall submit to the Board a written certification from a master electrician executed within the applicable correction period certifying that all electrical violations were corrected and certifying to the date(s) on which the corrections were made.
The Board will follow the procedures for investigating and processing complaints contained in the Administrative Complaint Procedure established by the Department of Professional and Financial Regulation, Office of Professional and Occupational Regulation (“OPOR”) for the professional and occupational licensing programs administered by OPOR.
STATUTORY AUTHORITY: 10 MRSA §§9085 and 9086
EFFECTIVE DATE:
April 1, 1984
AMENDED:
August 25, 1984 April 28, 1986 February 23, 1987 August 17, 1988 March 14, 1990
EFFECTIVE DATE (ELECTRONIC CONVERSION):
January 11, 1997
REPEALED AND REPLACED:
November 8, 2003 - filing 2003-404
AMENDED:
August 30, 2015 – filing 2015-162