title 19 part 7; chapter 5 rules and regulations for the uniform

MISSISSIPPI

TITLE 19

PART 7; CHAPTER 5

RULES AND REGULATIONS FOR THE

UNIFORM STANDARDS CODE FOR THE

FACTORY-BUILT HOMES LAW

REGULATION MH-5

AS ADOPTED, PURSUANT TO THE

ADMINISTRATIVE PROCEDURES ACT,

SECTION 25-41, MS CODE, 1972 ANNOTATED

REVISED AND UPDATED

OCTOBER 01, 2016

MIKE CHANEY

COMMISSIONER OF INSURANCE

AND STATE FIRE MARSHAL

RICKY DAVIS

FIRE MARSHAL, STATE CHIEF DEPUTY

STATE FIRE MARSHAL’S OFFICE

POST OFFICE BOX 79

JACKSON, MISSISSIPPI 39205 – 0079

TELEPHONE NUMBER: (601)-359-1061

FAX NUMBER: (601)359-1076

Table of Contents

Rule 5.01: Promulgation and Purpose .............................................................................................................. 6

Rule 5.01.1: General .................................................................................................................................. 6

Rule 5.01.2: Definitions ............................................................................................................................. 6

Rule 5.01.3: Use of Manufacturer’s Installation Instructions ................................................................... 12

Rule 5.01.4: Manufacturer’s Installation Instruction Unavailable ............................................................. 13

Rule 5.01.5: Instructions for Installation of Used Multi-Section Factory-Built Homes .............................. 14

Rule 5.02: Administration ............................................................................................................................... 14

Rule 5.02.1: Rules and Regulations ............................................................................................................. 15

Rule 5.02.1-1: Licensure of Manufacturers, Developers, Retailers and Installers/Transporters .......... 15

Rule 5.02.1-2: Manufacturer License Application ................................................................................. 15

Rule 5.02.1-3: Retailer/Developer License Application ......................................................................... 15

Rul

e 5.02.1-4: Repossession and Resale ................................................................................................ 16

Rule 5.02.1-5: Installer/Transporter License Application ...................................................................... 16

Rule 5.02.1-6: Tax Identification Number .............................................................................................. 16

Rule 5.02.1-7: License Fees .................................................................................................................... 16

Rule 5.02.1-8: Manufacturer Monitoring Inspection Fee ...................................................................... 17

Rule 5.02.1-9: Investigation and Examination of All License Applicants ............................................... 17

Rule 5.02.1-10: Non-Compliance ........................................................................................................... 18

Rule 5.02.1-11: Annual License Renewal Application ............................................................................ 19

Rule 5.02.1-12: Licensee Bonding and Insurance Requirements........................................................... 19

Rule 5.02.1-13: Operating Without a Privilege License ......................................................................... 20

Rule 5.02.1-14: Installation Inspection .................................................................................................. 21

Rul

e 5.02.1-15: Site Preparation, Anchoring and Blocking Requirement .............................................. 21

Rule 5.02.1-16: Time Period Allowed for Installation ............................................................................ 21

Rule 5.02.1-17: Property Locator/Certificate of Installation Submitted by the Retailer/Developer ...... 22

Rule 5.02.1-18: Property Locator/Certificate of Installation Submitted by the Installer/Transporter ...... 23

Rule 5.02.2: Factory-Built Home Installation Inspection Program ............................................................ 24

Rule 5.02.2-1: Purpose ........................................................................................................................... 24

Rule 5.02.2-2: Scope .............................................................................................................................. 25

Rule 5.02.2-3: Mississippi Factory-Built Home Installation Program Standards ................................... 25

Rule 5.02.2-4: Installation Inspection Requirements ............................................................................. 25

Rule 5.02.3: Installation Inspection Procedure .......................................................................................... 25

Rule 5.02.3-1: Scheduling of the Inspection .......................................................................................... 25

Rule 5.02.3-2: Inspection Fees ............................................................................................................... 26

Rule 5.02.3-3: Contract Rights Not Affected ......................................................................................... 26

Rule 5.02.3-4: State and Local Permits .................................................................................................. 26

Rule 5.02.4: Certification of Installation .................................................................................................... 26

Rule 5.02.4-1: Certificate of Inspection .................................................................................................. 26

Rule 5.02.4-2: Procedures for Re-inspection Upon Failure to Pass ....................................................... 27

Rule 5.02.4-3:

Cost of Re-inspection...................................................................................................... 28

Rule 5.02.4-4: Scheduling of Re-inspection ........................................................................................... 28

Rule 5.02.4-5: Inspection Decal ............................................................................................................. 28

Rule 5.02.4-6: Inspector Qualifications .................................................................................................. 29

Rule 5.02.4-7: Verification of Installer/Transporter License ................................................................. 30

Rule 5.02.4-8: Site Preparation by Homeowner .................................................................................... 30

Rule 5.02.4-9: Waiver of Rights Invalid ................................................................................................. 30

Rule 5.02.4-10: Violations and Penalties ............................................................................................... 30

Rule 5.02.5: License Exceptions ................................................................................................................. 31

Rule 5.02.6: Manufacturer Qualifications for License .............................................................................. 31

Rule 5.02.7: Retailer Qualifications for License ......................................................................................... 32

Rule 5.02.7-1: Temporary Promotional Retail Sales Activity ................................................................. 32

Rul

e 5.02.7-2: Safeguarding the Public Interest ..................................................................................... 33

Rule 5.02.7-3: Retail Sales with In-house Transport and Installation Staff ............................................ 34

Rule 5.02.7-4: Training Requirements ................................................................................................... 34

Rule 5.02.7-5: Vehicle Decals ................................................................................................................. 35

Rule 5.02.7-6: Retail Lot Display and Temporary Storage ..................................................................... 35

Rule 5.02.7-7: Inspection of Retail Lot Units and Records ..................................................................... 36

Rule 5.02.8: Developer Qualifications for License .................................................................................... 36

Rule 5.02.8-1: Safeguarding the Public Interest .................................................................................... 37

Rule 5.02.8-2: Developer Sales with In-house Transport and Installation Staff ..................................... 37

Rule 5.02.8-3: Training Requirements ................................................................................................... 38

Rule 5.02.8-4: Vehicle Decals ................................................................................................................. 38

Rule 5.02.9: Installer/Transporter Qualification for License ...................................................................... 38

Rule 5.02.9-1: Safeguarding the Public Interest ..................................................................................... 39

Rule 5.02.9-2: State and Local Compliance Requirements ..................................................................... 39

Rule 5.02.9-3: Training Requirements .................................................................................................... 39

Rule 5.02.9-4: Contract Requirement ..................................................................................................... 40

Rule 5.02.9-5: Vehicle Decals .................................................................................................................. 40

Rule 5.02.9-6: Recordkeeping ................................................................................................................. 41

Rule 5.02.9-7: Responsibility for Transportation Damage ...................................................................... 41

Rul

e 5.02.9-8: Temporary Installer/Transporter License ........................................................................ 42

Rule 5.03: Inspection Procedures ................................................................................................................. 42

Rule 5.03.1: Authorized Inspections of Manufacturing Plants, Retail Locations, and Installer/Transporter

.................................................................................................................................................................... 42

Rule 5.03.2: Inspection Findings of Non-Compliance ................................................................................ 43

Rule 5.03.3: Requirements of Factory-Built Homes for Human Habitation .............................................. 44

Rule 5.03.3-1: Anchoring and Blocking .................................................................................................. 44

Rule 5.03.3-2: Installation Inspection .................................................................................................... 44

Rule 5.03.3-3: Skirting of Factory-Built Homes ...................................................................................... 44

Rule 5.03.3-4: Factory-Built Homes Designated for Use Other Than Human Habitation. ..................... 45

Rule 5.03.4: Consumer Complaints ........................................................................................................... 45

Rule 5.03.5: Violations and Penalties ........................................................................................................ 46

Rul

e 5.04: Minimum Standards for Blocking, Anchors, And Tie Downs ......................................................... 47

Rule 5.04.1: Standards for “Coded” Areas ................................................................................................. 47

Rule 5.04.2: Standards for “Non-Coded” Areas ......................................................................................... 48

Rule 5.04.3: Windstorm Protection and Wind Zone Designation ............................................................. 48

Rule 5.04.4: Data Plate and HUD Label Requirements .............................................................................. 50

Rule 5.04.4-1: HUD Label ....................................................................................................................... 50

Rule 5.04.4-2: Data Plate ....................................................................................................................... 50

Rule 5.04.4-3: Missing HUD Label and Data Plate ................................................................................. 50

Rule 5.04.4-4: Factory-Built Homes That Shall Not Be Transported...................................................... 50

Rule 5.04.4-5: Preparation of Manufactured Housing Units for Transportation .................................. 51

Rule 5.05: Installation Standards For New Factory-Built Homes ................................................................... 52

Rule 5.06: Installation Standards For Used Factory-Built Homes .................................................................. 52

Rule 5.06.1: Site Preparation .................................................................................................................... 52

Rule 5.06.1-1: Planning ......................................................................................................................... 52

Rule 5.06.1-2: Soil Conditions ............................................................................................................... 53

Rule 5.06.1-3: Site Grading and Drainage ............................................................................................. 53

Rule 5.06.1-4: Raised Soil Pad ............................................................................................................... 54

Rule 5.06.1-5: Determination of Proper Site Preparation .................................................................... 55

Rule 5.06.1-6: Written Contract on Site Preparation ........................................................................... 55

Rul

e 5.06.1-7: Site Preparation by Homeowner ................................................................................... 56

Rule 5.06.1-8: Removal of Organic Material ......................................................................................... 56

Rule 5.06.1-9: Clearance Under the Home ........................................................................................... 56

Rule 5.06.1-10: Sloped Site Installation ................................................................................................ 56

Rule 5.06.1-11: Ventilation of Under-floor Areas and Moisture Barrier Recommendation ................ 57

Rule 5.06.2: Fire Separation .................................................................................................................. 57

Rule 5.06.3: Sites Prone to Flooding ......................................................................................................... 58

Rule 5.06.4: Soil Classification .................................................................................................................. 58

Rule 5.06.5: Soil Type/Bearing Capacity .................................................................................................... 59

Rule 5.06.6: Required Piers and Anchorages ............................................................................................. 60

Rule 5.06.7: Pier Construction ................................................................................................................... 62

Rule 5.06.7-1: Single Stacked Piers ........................................................................................................ 62

Rul

e 5.06.7-2: Pier Caps ......................................................................................................................... 63

Rule 5.06.7-3: Shims .............................................................................................................................. 63

Rule 5.06.7-4: Removal of Organic Material .......................................................................................... 63

Rule 5.06.7-5: Protection From Frost Heave ......................................................................................... 63

Rule 5.06.7-6: Corner Piers .................................................................................................................... 64

Rule 5.06.7-7: Double Tiered Pier Heights ............................................................................................. 64

Rule 5.06.7-8: Cast-In-Place Concrete Piers .......................................................................................... 65

Rule 5.06.7-9: Pier Footings ................................................................................................................... 65

Rule 5.06.7-10: Marriage Wall Piers ...................................................................................................... 66

Rule 5.06.8: Pier Spacing and Placement .................................................................................................. 66

Rule 5.06.8-1: Placement of Door and Window Support Piers ............................................................. 66

Rule 5.06.8-2: Placement of End Support Piers ..................................................................................... 67

Rule 5.06.8-3: Placement of Piers Under Concentrated Loads ............................................................. 67

Rule 5.06.8-4: Placement of Perimeter Support Piers ........................................................................... 67

Rule 5.06.8-5: Piers for Homes Installed In Designated Flood Area ...................................................... 67

Rule 5.06.9: Installation Instructions for ABS Pads .................................................................................... 68

Rul

e 5.06.10: Tie-downs ........................................................................................................................... 70

Rule 5.06.10-1: Single-wide Factory-Built Homes ................................................................................ 70

Rule 5.06.10-2: Multi-Sectional Factory-Built Homes .......................................................................... 72

Rule 5.06.10-3: Pan-Type Foundation Stabilizing Systems ................................................................... 72

Rule 5.06.10-4: Alternate Systems ........................................................................................................ 73

Rule 5.06.10-5: Tie-Down Spacing and Sizes ........................................................................................ 73

Rule 5.06.11: Anchors ................................................................................................................................ 75

Rule 5.06.11-1: Soil Classification of Anchors ........................................................................................ 75

Rule 5.06.11-2: Determining the Soil Class of Anchors ......................................................................... 75

Rule 5.06.11-3: Preferred Soil Class Anchor .......................................................................................... 75

Rule 5.06.11-4: Proper Installation of Ground Anchors ........................................................................ 76

Rule 5.07: Official Notices and Bulletins ....................................................................................................... 77

Rule 5.08: Severability .................................................................................................................................. 77

Rul

e 5.09: Repeal of Emergency Regulations ................................................................................................ 77

Rule 5.10: Effective Date ................................................................................................................................ 77

Title 19

Part 7: State Fire Marshal

Chapter 5: Rules and Regulations for the Uniform Standards Code

for the Factory-Built Homes Law Regulation MH- 5

Rule 5.01: Promulgation and Purpose

Rule 5.01.1: General

These Rules and Regulations for Factory-Built Homes are promulgated by the Commissioner of

Insurance of the State of Mississippi acting through the Chief Deputy State Fire Marshal and the

Factory-Built Home Division in accordance with the Uniform Standards Code for Factory-Built

Homes Law and the Mississippi Administrative Procedures Act, Miss. Code Ann. § 25-43-1, et

seq., as amended, and shall become effective after adopted and promulgated in accordance with

the provisions of the Mississippi Administrative Procedures. This Regulation is being filed as a

regulation pursuant to the provisions of House Bill 1435, 2008 Regular Legislative Session as

codified in Miss. Code Ann. § 75-49-11 (Supp. 2015); and upon agreement between the

Mississippi State Fire Marshal’s Office, Factory-Built Home Division (Division) and the

Department of Housing and Urban Development (HUD), which requires the Division to conduct

installation inspections of Factory-Built homes from and after July 1, 2009.

The purpose of these Rules and Regulations is to prevent the loss of life and property from fire

and related hazards, and to restrict health hazards in Factory-Built homes by providing standards

for construction, heating systems, and by requiring compliance with such standards during

construction, marketing, transport, installation, anchoring and tie-down for Factory-Built homes in

the State of Mississippi.

Source: Miss. Code Ann. §§ 75-49-5; 75-49-9; 75-49-11 (Supp. 2015).

Rule 5.01.2: Definitions

For the purpose of this Regulation, the following terms are defined as follows, unless the context

clearly indicates otherwise:

A. “ANSI” - the American National Standards Institute or its successor.

B. “Certificate of Inspection Form”- is a form issued by the Factory-Built Home Division of the

State Fire Marshal’s Office that contains the certificates of inspection submitted by any retailer,

developer and installer/transporter who is engaged in the sale, transport and/or set-up (installation,

blocking, anchoring and tie-down) of a Factory-Built home intended for human habitation, to the

Division within 72 hours (3 days) of the completion of the installation of a home at the home site.

C. “Chief Deputy State Fire Marshal” - is the individual appointed by the Commissioner of

Insurance, who, along with his employees, is designated by the Commissioner to implement and

enforce this chapter and to maintain, among other duties, the Factory- Built Home Division of

the Insurance Department.

D. “Commissioner” - is the Commissioner of Insurance of the State of Mississippi.

E. “DAPIA” - (Design Approval Primary Inspection Agency) is a state or private

organization that has been accepted by the Secretary of Housing and Urban Development to

evaluate and approve or disapprove Factory-Built home designs and quality control procedures.

F. “ Developer” – for the purposes of this Regulation, means any person who buys Factory-Built

homes and real estate and then offers to sell or lease to the general public a land-home “package

deal” consisting of the Factory-Built home along with the real estate. Upon renewal of a license,

a developer must provide documentation to the Department of Insurance that he or she has at

least five (5) available Factory-Built home sites. A developer shall be responsible for installation

requirements for Factory-Built homes as set forth in Rule 5.04 – 5.06 of this Regulation. This

definition of developer is interpreted to exclude the following:

a). Factory-built home parks and park owners having Factory-Built homes, on individual

lots in the park, owned by the park or park owners and available for rent or lease;

b). An individual selling his personal Factory-Built home residence (one that the individual

is currently living in or has previously lived in) and the real estate upon which the home is

permanently installed and fixed, or has retained a real estate broker or real estate salesperson to sell

the Factory-Built home and the real estate as a “package deal”;

c). An individual owning a single plot or multiple plots of real estate having a Factory-

Built Home installed on said real estate and offering the same for lease to the general public

provided the lease is not a lease-purchase under a “package deal”.

G. “Diagonal Tie” - any tie-down designed to resist horizontal sliding or shear forces and

which deviates not less than 30º (0.52 rad) from a vertical direction.

H. “Division” - is the Factory-Built Home Division of the State Fire Marshal's Office.

I. ”Employee” - any person, including a minor whether lawfully or unlawfully employed, in the

service of an employer under any contract of hire or apprenticeship, written or oral, express or

implied, and is under the control of the employer, provided there shall be excluded there from all

independent contractors. The control of the employer includes supervision of an employee's work,

setting the employee's work schedule, and determining the method the employee uses to perform

the specific work.

J. ”Employer” - any person or entity who is retained to engage in, or who engages in, the

business of directing, supervising, controlling or correcting the work conducted by persons

retained as their employee.

K. ”Fire Marshal’s Office” - the Division of the Department of Insurance that is responsible for

the regulation of Factory-Built housing in the State of Mississippi, and includes the Commissioner

of Insurance, the State Chief Deputy Fire Marshal, and Deputy State Fire Marshals.

L. “Foundational Designs”- designs by a licensed architect or engineer that sets forth the

foundations requirements for the Factory-Built home.

M. “Factory-Built Home” - is a mobile home, manufactured home, and a modular home as those

terms are defined in Miss. Code Ann. § 75-49-3 (Supp. 2015).

N. “General Liability Insurance” - is a form of insurance that indemnifies against liability on

account of injury to the person or property of another.

O. “Ground Anchor” - any device at the Factory-Built home site designed for the purpose of

securing a Factory-Built home to the ground.

P. “Homeowner” (Consumer) - is any person or firm who has purchased or is purchasing a

Factory-Built home in good faith for purposes other than resale.

Q. “Hook and Drop” - the delivery of any Factory-Built home to a residential site by a licensed

installer/transporter with no intention of completing the anchoring and blocking of the unit which

is to be used for human habitation.

R. “Human Habitation”- describes a place which will be occupied by humans, but does not

include places that will be inhabited only sporadically for use as a hunting or fishing camp. In

these regulations, “human habitation” shall be presumed to be the intended purpose for any

Factory-Built home manufactured under the guidelines of the National Manufactured Housing

Construction and Safety Standards Act of 1974, as amended (42 USCS 5401 et seq.), as well as

the Manufactured Home Construction and Safety Standards contained in Title 24 Code of

Federal Regulations, Part 3280, et seq. (HUD). This definition includes Factory-Built homes

having one or more habitable rooms which are designed to be occupied by one family with

facilities for living, sleeping, cooking and eating. Homes designed for human habitation shall

be presumed to be intended for human habitation, unless properly certified otherwise pursuant

to Rule 5.03.3-4 of these regulations.

S. “Hurricane Zone” - an area of Mississippi that has encountered sustained winds of 100 mph

or more. Wind (Hurricane) Zone II areas for the State of Mississippi include the following

counties: Hancock, Harrison, Jackson, George, Stone and Pearl River.

T. “Independent Contractor” - any person, firm or corporation who contracts to do a piece of

work according to his own methods ,without being subject to the control of his employer, except

as to the results of the work, and who has the right to employ and direct the outcome of the

workers independent of the employer and free from any superior authority in the employer to say

how the specified work shall be done or what the laborers shall do as the work progresses; one

who undertakes to produce a given result without being in any way controlled as to the methods

by which he attains the result.

U. “Installer/transporter” - is any person engaged for hire as an independent contractor in the

movement of, transportation, or both, or the installation, blocking, anchoring and tie- down of a

Factory-Built home. An independent contractor “installer/transporter” shall not include persons

who do not hold themselves out for hire to the general public for the purposes described in this

definition. An installer/transporter shall be responsible for installation requirements for Factory-

Built homes as set forth in Rule 5.04 – 5.06 of this Regulation. The use of the term

“installer/transporter” in these regulations is intended to be synonymous with the term

“Independent contractor installer or transporter” as defined in Miss. Code § 75-49-3 (Supp. 2015).

V. “Inspection Decal” - is the decal issued and installed by a duly appointed representative

(inspector) of the Factory-Built Home Division of the State Fire Marshal’s Office that is placed on

all new and used Factory-Built homes at the time of a passed installation inspection by the State

Fire Marshal inspector. The label is to be affixed near the HUD seal at the rear of the home or on

the end of the home opposite the tongue end if no HUD seal is present.

W. “Inspector” - any person who is employed as a Deputy State Fire Marshal, or any person or

entity designated and authorized by the State Fire Marshal’s Office pursuant to requirements set

forth in Rule 5.02.4-6 of this Regulation who conducts Factory-Built home installation inspections.

X. “Installation” - completion of work performed to site, place, stabilize, support, anchor, and

close up a Factory-Built home, upon footings, piers or foundations and to join sections of a multi-

section Factory-Built home sited in this State.

Y. “Installation Instruction Manual” - DAPIA-approved instructions provided by the home

manufacturer that accompany each new Factory-Built home and detail the home manufacturer

requirements for support and anchoring systems and other work completed at the installation site to

comply with the National Manufactured Housing Construction and Safety Standards Act of 1974,

as amended (42 USCS 5401 et seq.) and as amended by the Manufactured Housing Improvement

Act of 2000.

Z. “Licensee” - is any manufacturer, retailer, developer or installer/transporter who obtains a

privilege license from the Factory-Built Home Division of the State Fire Marshal’s Office of the

Mississippi Department of Insurance. The licensee shall comply with all laws of the State of

Mississippi regarding Factory-Built homes.

AA. “Local Authority Having Jurisdiction” (LAHJ) - is any Federal, State, County, Municipal or

community organization that oversees or regulates permitting, registration, and/or installation of

Factory-Built homes.

BB. “Manufacturer” - is any person engaged in the production (construction) of Factory-Built

homes.

CC. “Manufactured Building” - a closed structure, building assembly or systems of subassemblies

which may include structural, electrical, plumbing, heating, ventilating, utility service lines,

footings, foundations, porches or other service systems manufactured in manufacturing facilities,

for installation or erection, with or without other specified components, as a finished building or as

part of a finished building, which shall include, but not limited to, residential dwelling units,

commercial, institutional, storage and industrial structures. Factory-Built homes are excluded.

Manufactured building may also mean at the option of the manufacturer, any building of open

construction made or assembled in manufacturing facilities away from the building site, for

installation, or assembly and installation on the building site. For purposes of these regulations, the

licensing and other requirements imposed shall only apply to Manufactured Buildings intended for

human habitation.

DD. “Manufactured Home” - defined by the United States Department of Housing and Urban

Development, as a new or used structure defined by, and constructed in accordance with, the

National Manufactured Housing Construction and Safety Standards Act of 1974, as amended (42

USCS 5401 et seq.) and as amended by the Manufactured Housing Improvement Act of 2000. For

the purposes of this Regulation, it also includes those structures defined as a manufactured home

and mobile home pursuant to Miss. Code Ann. § 75-49-3 (Supp. 2015).

EE. “Mississippi Department of Transportation” (MDOT) - is the regulatory agency for

transportation in the State of Mississippi. All licensees (manufacturers, retailers, developers or

installer/transporters) shall comply with the requirements regarding transportation of Factory-Built

homes under the jurisdiction of MDOT in the State of Mississippi.

FF. “Mobile Home” - is a structure Factory-Built before June 15, 1976, that is not constructed in

accordance with the National Manufactured Housing Construction and Safety Standards Act of

1974, as amended, (42 U.S.C. Section 5401 et seq.). It is a structure that is transportable in one or

more sections, that, in traveling mode, is eight (8) feet or more in width and thirty-two (32) feet or

more in length or when erected on site, is two hundred fifty six (256) or more square feet and that

is built on a chassis and designed to be used as a dwelling unit with or without a permanent

foundation when connected to the required utilities, and includes any plumbing, heating, air

conditioning and electrical systems contained therein. A "mobile home" also includes any structure

which meets all the requirements and complies with the standards established under this chapter.

GG. “Modular Home” - is a structure which is: (i) transportable in one or more sections; (ii)

designed to be used as a dwelling when connected to the required utilities, and includes plumbing,

heating, air conditioning and electrical systems with the home; and (iii) certified by its

manufacturers as being constructed in accordance with a nationally recognized building code.

HH. “Modular Home Contractor” - is a licensed residential building contractor or a licensed

retailer who buys Factory-Built modular homes for resale to the general public, whether to be

located on the consumer's home site or a land-home package on property owned by the modular

home contractor. A Mississippi licensed modular home contractor is authorized to sell new

modular homes for installation on a consumer's home site or as part of a land- home package

without the necessity of maintaining a separate sales center. A modular home contractor shall be

responsible for the installation requirements for modular housing as provided in as set forth in Rule

5.04 – 5.06 of this Regulation.

II. “New Factory-Built Home” - is a Factory-Built home as defined in Miss. Code Ann. § 75-49-3,

which has never been the subject of a first sale for human habitation.

JJ. “NFPA” - The National Fire Protection Association or its successor.

KK. “Non-coded Area” - is any local jurisdiction (county or municipality) who have not adopted

the latest edition and Appendices of the International Building Code published by the International

Code Council or the board of supervisors of any county who has not adopted Miss. Code Ann. §

75-49-21, or other recognized building codes or portion thereof.

LL. “Non-compliance” - is failure or refusal to comply with imposed standards and/or regulations.

MM. “Park Model” - is a recreational park trailer, built on a single chassis, and having a gross trailer

area of 400 square feet or less in the set-up mode when measurements are taken on the exterior of the

trailer. The square footage includes all the siding, corner trim, molding, storage space, and area

enclosed by windows, but not the roofing overhang. A park model is not a permanent dwelling. It is

temporary living quarters for recreational, camping, travel, or seasonal use.

NN. “Person” - includes, unless the context indicates otherwise, corporations, companies,

associations, firms, and partnerships, as well as individuals, but does not include any agency of

government or tribal governmental entity.

OO. “Pier Footing or Foundation” - the structural support pad that a support pier is placed upon.

PP. “Pier Cap” - a concrete or pressure treated wood plate placed on top of the highest open cell

block of the pier.

QQ. “Proprietary Pan-Type Foundation Stabilizing System” - any engineer designed device used

for windstorm and seismic protection of a Factory-Built home.

RR. “Retailer” - is any person engaged in the buying and thereafter selling, displaying or offering

for sale of new, used or repossessed Factory-Built homes to the general public.

SS. “Set-up” - is any assembly or installation of a Factory-Built home onsite that includes aspects

of work that are governed by this chapter.

TT. “Site” - an area of land that a Factory-Built home is installed upon. It is defined as the area

under the home to include a 10 ft. perimeter around the home.

UU. “Stabilizer Plate” - is a device used to prevent horizontal movement of a ground anchor.

VV. “Surety Bond” - is a type of bond which protects against loss due to the inability or refusal of

an obligor to perform his or her contract.

WW. “Tie-Down” - is any device designed for the purpose of anchoring a Factory-Built home to

the ground anchors.

XX. “Used Factory-Built Home” - is a Factory-Built home as defined in Miss. Code Ann. § 75-49-

3 that has been subject of a first sale for human habitation, whether within this state or elsewhere.

YY. “Vehicle Decal” - is a decal to be issued and placed on both the driver and passenger doors

of the transporter vehicle (toter) which transports (moves) the Factory-Built home. Escort vehicles

are not required to have truck decals. The truck decal is to be placed in a clearly visible location

on the passenger and driver door of the vehicle.

ZZ. “Vertical Anchor Tie” - is an anchor tie designed primarily to resist overturning by applying

a force to the home or building in a direction no more than 15 degrees from the vertical.

Source: Miss. Code Ann. §§ 75-49-1, et seq.; 75-49-11 (Supp. 2015).

Rule 5.01.3: Use of Manufacturer’s Installation Instructions

All new Factory-Built homes shall be installed in accordance with the manufacturer’s home

installation instructions. These instructions may include but are not limited to the following

details:

1. Skirting must have vents and an opening for access to the crawl space and heat tape outlet.

2. The dryer exhaust vent must terminate outside the home.

3. Combustion air vents may be needed for sealed combustion units and fireplaces.

4. A vapor barrie

r may be required on the soil.

5. Adequate clearance must be maintained between the soil and wood floor joists.

6. Water supply lines may be required to be insulated.

7. The lot should be properly graded to avoid standing water around and under the home.

8. The air conditioning condensate drain may be specified to have a termination outside the

home.

9. Specifications for utility connections must be followed.

Source: Miss. Code Ann. §§ 75-49-1, et seq.; 75-49-11 (Supp. 2015).

Rule 5.01.4: Manufacturer’s Installation Instruction Unavailable

A. If the manufacturer’s installation instructions are not available, the anchoring and support

requirements for used Factory-Built homes of this standard shall be followed and other aspects of

the home installation shall conform to the minimum standards for occupancy established by the

Rules and Regulations of the Factory-Built Home Division.

B. Factory-Built homes, both new and used, built after July 13, 1994 that conform to Wind Zone

I ratings only, cannot be installed within a designated Wind Zone II area, unless approved by the

county or municipality having jurisdiction within the Wind Zone II area. The Wind Zone II area

for homes manufactured after July 13, 1994, consists of the following counties: Hancock,

Harrison, Jackson, George, Pearl River, and Stone.

C. For used Factory-Built homes that were built prior to July 13, 1994, the following shall apply,

If the Factory-Built home was built to the HUD Hurricane Zone rating that existed prior to July

13, 1994, it may be installed in one of the post-July 13, 1994, counties that are listed in Rule

5.01.4 B, above. For reference, HUD designated Hurricane Zone counties that existed prior to July

13, 1994, were as follows: Hancock, Harrison, Jackson, George, Pearl River, Stone, Greene,

Perry, Forrest, Lamar, Marion, Walthall, Pike, Amite, and Wilkinson. However, if the county or

municipality having jurisdiction within the post-July 13, 1994, Wind Zone II area has adopted

more restrictive requirements that would prohibit the installation of a pre-July 13, 1994 Hurricane

Zone house, then the requirements of such county or municipality shall govern.

D. Used Factory-Built homes built prior to 1994, currently installed in a Wind Zone I location and

having no accessible or readable data plate to determine the wind zone designation the home

cannot be moved to a Wind Zone II location unless it can be proven that the home has a Wind

Zone II designation or that the LAHJ in the county to which it is being located will allow it to be

installed.

E. Prior to the sale and installation of all new and used Factory-Built homes, the retailer, the

developer and/or the installer/transporter shall determine whether the house is constructed to the

properly rated Wind/Hurricane zone for its intended use and installation by referring to the HUD

data plate. Any Factory-Built Home that is to be transported within or into the six (6) coastal

counties of the State (Pearl River, Stone, George, Hancock, Harrison, and Jackson County) for

installation, the retailer, the developer and/or installer transporter will be required to obtain a

photocopy or a clear photograph of the data plate for the home. The photograph or copy of the

data plate must be attached to the Property Locator/Certificate of Installation and submitted to the

Factory-Built Home Division. If no accessible or readable data plate is available in the home to

verify the Wind/Hurricane zone designation, a copy of the HUD data plate and compliance

certificate must be obtained from either the manufacturer of the home or from the Institute for

Building Technology and Safety (IBTS).

F. The support and anchoring systems of all Factory-Built homes that bear the HUD label shall

be designated by a Registered Professional engineer or architect and meet the requirements of 24

CFR Section 3280.306, pursuant to the National Manufactured Housing Construction and Safety

Standards Act of 1974, as amended (42 U.S.C. Section 5401, et seq.) and the Manufactured

Housing Improvement Act of 2000 as amended. The manufacturer shall provide complete tie-

down instructions with each Factory-Built home.

G. From and after July 1, 2005, no retailer, developer, transporter or installer/transporter shall

deliver or cause to be delivered any Factory-Built home to any person at any site where such

home is to be used for human habitation without anchoring and blocking such home in

accordance with rules, regulations and procedures promulgated by the Commissioner pursuant to

Miss. Code Ann. § 75-49-5; provided, however, that a period of thirty (30) days from date of

delivery shall be allowed for the anchoring and blocking of such homes.

Source: Miss. Code Ann. §§ 75-49-1, et seq.; 75-49-11 (Supp. 2015).

Rule 5.01.5: Instructions for Installation of Used Multi-Section Factory-Built

Homes

The floor sections, roof sections, and wall sections are to be fitted together tightly. Connections

must be sufficiently sealed to prevent air infiltration. Connection of multi-section Factory-Built

homes (two or more sections), when manufacturer’s installation instructions are not available

shall be as follows:

1. Floor connection: All floors of multi-section Factory-Built homes shall be securely fastened

together along the entire length of the home.

2. Roof and Ridge Beams: All roof and ridge beams of multi-section Factory-Built homes shall

be securely fastened together along the entire length of the home.

3. End walls: End walls of multi section Factory-Built homes shall be securely fastened

together with the proper weather seal material installed.

4. Siding and trim pieces are to be installed at the connection of the sections.

5. The joints at the ridge of the roof shall be secured and weather tight.

6. Plumbing drain lines must be supported off the ground.

7. Crossover, heating and other ducts shall be supported at 4 feet on centers minimum and must

be supported off the ground.

Source: Miss. Code Ann. §§ 75-49-1, et seq.; 75-49-11 (Supp. 2015).

Rule 5.02: Administration

The Commissioner, acting through the Chief Deputy State Fire Marshal and the Factory-Built

Home Division of the Mississippi Insurance Department, is hereby charged with the

administration of this chapter. He may make and amend, alter or repeal, general rules and

regulations of procedure for carrying into effect all provisions of this chapter, for obtaining

statistical data respecting Factory-Built homes, and to prescribe means, methods and practices

to make effective such provisions and he may make such investigations and inspections as in

his judgment are necessary to enforce and administer this chapter Miss. Code Ann. § 75-49-11.

Source: Miss. Code Ann. § 75-49-11 (Supp. 2015).

Rule 5.02.1: Rules and Regulations

Rule 5.02.1-1: Licensure of Manufacturers, Developers, Retailers and

Installers/Transporters

Each manufacturer, developer, retailer and installer/transporter must be licensed pursuant to Miss.

Code Ann. § 75-49-9. Any person who knowingly and willfully fails to obtain a license in

violation of Miss. Code Ann. § 75-49-9 shall be guilty of a misdemeanor and, upon conviction

thereof, shall be fined not more than One Thousand Dollars ($1,000.00) or imprisoned not more

than one (1) year, or both, pursuant to Miss. Code Ann. § 75-49-19 (Supp. 2015).

Source: Miss. Code Ann. §§ 75-49-1, et seq.; 75-49-9(7); 75-49-19 (Supp. 2015).

Rule 5.02.1-2: Manufacturer License Application

Every manufacturer engaged in the production (construction) of Factory-Built homes within or

without the State of Mississippi shall apply for and obtain a license from the Commissioner. The

application for license must be accompanied by proof of financial responsibility for cargo loss or

damage by providing documentation of the bonding and liability insurance requirements as

required by this regulation.

Source: Miss. Code Ann. §§ 75-49-1, et seq.; 75-49-9(7); 75-49-19 (Supp. 2015).

Rule 5.02.1-3: Retailer/Developer License Application

A. Any retailer or developer conducting retail business within this State shall apply for a license

annually to sell Factory-Built homes to be shipped into or sited in Mississippi. This licensure

also applies to anyone who buys, relocates, re-builds and sells Factory - Built home units or

anyone who buys and sells but does not move or relocate repossessed or used Factory-Built

homes.

B. Every retailer or developer that sells, transports, or installs new or used Factory-Built homes

within the State of Mississippi, shall apply for and obtain a license from the Commissioner. The

application for license must be accompanied by proof of financial responsibility for cargo loss or

damage by providing documentation of the bonding and liability insurance requirements as

required by this regulation.

Source: Miss. Code Ann. §§ 75-49-1, et seq.; 75-49-9(7); 75-49-19 (Supp. 2015).

Rule 5.02.1-4: Repossession and Resale

Any person as defined in Miss. Code Ann. § 75-49-3(h) that repossesses and sells new or used

Factory-Built homes which will be transported or relocated from the existing home site within the

State of Mississippi shall contract the resale of the Factory-Built home through a current licensed

retailer or developer to insure that the Factory-Built home is installed and set-up by a licensed

installer/transporter in compliance with the Division’s rules and regulations. A copy of said

contract with the licensed retailer/developer is required to be on file with the Division.

Source: Miss. Code Ann. §§ 75-49-1, et seq.; 75-49-9(7); 75-49-19 (Supp. 2015).

Rule 5.02.1-5: Installer/Transporter License Application

Every installer/transporter that transports and/or installs new or used Factory-Built homes within

the State of Mississippi shall apply for and obtain a license from the Commissioner. The

application for license must be accompanied by proof of financial responsibility for cargo loss or

damage by providing documentation of the bonding and liability insurance requirements as

required by this regulation.

Source: Miss. Code Ann. §§ 75-49-1, et seq.; 75-49-9(7); 75-49-19 (Supp. 2015).

Rule 5.02.1-6: Tax Identification Number

A. All license applicants shall certify in the application to the Commissioner that the applicant

will comply with the Construction Standards set forth under Rules and Regulations provided in

Miss. Code Ann. § 75-49-5, and that the applicant has obtained a current and valid tax

identification number.

B. All applications for license shall be obtained from and submitted to the Commissioner on

forms prescribed by the Commissioner.

Source: Miss. Code Ann. §§ 75-49-1, et seq.; 75-49-9(7); 75-49-19 (Supp. 2015).

Rule 5.02.1-7: License Fees

A. Pursuant to Miss. Code Ann. § 75-49-9, the original license fee and all annual renewals thereof

shall be Two Hundred Fifty Dollars ($250.00) for manufacturing plants located within or without

the State of Mississippi manufacturing or delivering homes for sale within the State of Mississippi

and One Hundred Fifty Dollars ($150.00) per retailer location and developer location within the

State of Mississippi. The licensing fee for a Factory-Built home and/or modular independent

contractor transporter or installer is One Hundred Dollars ($100.00) for each company. The fee

for modular home plan review shall be Four Hundred Dollars ($400.00) per floor plan. Except as

otherwise provided in Rule 5.02.1-9, the license shall be valid for the current license period (July 1

through June 30 of the following year) unless suspended or revoked as provided herein.

B. Every manufacturer, transporter or installer or retailer and developer who first sells,

manufacturers, transports or installs a new or used Factory-Built home in this state, before such

first construction, sale, transportation or installation, shall apply for and obtain a license from the

Commissioner. The original license fee, registration fee, annual relicensing, and all other required

fees shall be paid to the Commissioner in such a manner as the Commissioner may by rule

require. All funds received by the Commissioner shall be deposited in the State Treasury to the

credit of the Department of Insurance.

Source: Miss. Code Ann. §§ 75-49-1, et seq.; 75-49-9(7); § 75-49-19 (Supp. 2015).

Rule 5.02.1-8: Manufacturer Monitoring Inspection Fee

Every manufacturer of Factory-Built homes in the State shall pay a monitoring inspection fee to

the Secretary of Housing and Urban Development, or the Secretary's Agent, for each Factory-Built

home produced in the State by the manufacturer. The fee shall be in an amount established by the

Secretary pursuant to the National Manufactured Home Construction and Safety Standards Act of

1974, (42 U.S.C.S. 5401, et seq.) and as amended by the Manufactured Housing Improvement Act

of 2000. The portion of the fee which is returned to the State shall be deposited by the

Commissioner in the State Treasury to the credit of the Department of Insurance.

Source: Miss. Code Ann. § 75-49-5 (Supp. 2015).

Rule 5.02.1-9: Investigation and Examination of All License Applicants

A. The Commissioner shall investigate and examine all applicants for all licenses by holding such

hearings as he shall deem necessary or conducting investigations or examinations, or any

combination thereof, as to the fitness or expertise of the applicant for the type of license for which

the applicant applied. A license shall be granted only to a person who bears a good reputation for

honesty, trustworthiness, integrity and competency to transact the business in such a manner as to

safeguard the interest of the public and only after satisfactory proof of such qualifications has been

presented to the Commissioner.

B. Pursuant to Miss Code Ann. § 75-49-9 (8), the Commissioner shall take all license applicants

under consideration after having examined them through oral or written examinations, or both,

before granting any license. If the license applicant is an individual, examination may be taken by

his personal appearance for examination or by the appearance for examination of one or more of

his responsible, full time managing employees; and if a partnership or corporation or any other

type of business or organization, by the examination of one or more of the responsible, full time

managing officers or members of the executive staff of the applicant's firm. Every application by

an individual for a license to manufacture, sell, transport or install new or used Factory-Built

homes, shall be verified by the oath or affirmation of the applicant, and every such application by

a partnership or corporation shall be verified by the oath or affirmation of the applicant and a

partner or an officer thereof. The applications for licenses shall be in such form and detail as the

Commissioner shall prescribe.

C. Every independent contractor installer or transporter who transports or installs new or used

Factory-Built homes within the State of Mississippi and who is applying for a license shall have

passed a written examination (passing score of 70 or above). The examination shall consist of

questions determined by the Commissioner to establish an applicant's knowledge related to the

rules and regulations and administration relative to Factory-Built homes in the State of Mississippi

and questions specifically related to the practical installation (anchoring, blocking, and tie-down)

of Factory-Built homes in this state. The examination shall be provided by the Commissioner or

by a testing service acting on behalf of the Commissioner. The applicant is responsible for

registering with the testing service to schedule the examination and is responsible for all fees. The

applicant shall follow all procedures established with regard to conduct at the examination.

Failure to comply with all procedures established with regard to conduct at the examination may

be grounds for denial of application.

D. Prior to the issuance of a privilege license, the person applying for the license shall return the

license application received in the “Notice of Renewal” and submit a copy of training certificates,

that he and all of his responsible, full-time employees has attended an approved eight (8) hour

installation and set-up training class pursuant to the Manufactured Housing Improvement Act of

2000.

E. The holder of any valid license issued by the Commissioner at the time Miss. Code Ann.

§ 75-49-9(8) became effective shall be automatically issued an equivalent license in the same

category for which his previous license was issued if the licensee is in compliance with this

chapter.

Source: Miss. Code Ann. §§ 75-49-1, et seq.; 75-49-9(7); 75-49-9(8); 75-49-19 (Supp. 2015).

Rule 5.02.1-10: Non-Compliance

A. Non-compliance by a license applicant, as a condition precedent, of the requirements of Miss.

Code Ann. § 75-49-9(7) and with the regulations set forth in this document, will be assessed

violations where applicable.

B. Pursuant to Miss. Code Ann. § 75-49-13, the Commissioner shall provide the license holder an

opportunity to be heard on the question of these violations committed to determine whether he is

qualified to receive the license applied for and if there may be sufficient grounds upon which to

base a probation, denial, suspension or revocation of the license.

C. Pursuant to Miss. Code Ann. § 75-49-9(10), every license shall be issued annually and shall

expire on June 30 following the date upon which it was issued. License fees shall not be prorated

for the remainder of the year in which the application was made but shall be paid for the

entire year regardless of the date of the application.

Source: Miss. Code Ann. §§ 75-49-1, et seq.; 75-49-9(7); 75-49-19 (Supp. 2015).

Rule 5.02.1-11: Annual License Renewal Application

A. The Commissioner shall on or before April 30 of each year, forward a "Notice of Renewal" by

regular United States mail to each licensee at his or its last known mailing address. The “Notice of

Renewal” will contain an application that shall be properly filled out by the person whose name

will appear on the license, signed and returned to the State Fire Marshal’s Office.

B. After depositing the "Notice of Renewal" in the United States mail, the Commissioner shall

have no other duty or obligation to notify the licensee of the expiration of his or its annual

license. The failure of the licensee to obtain a renewal license on or before June 30 of the

ensuing license period shall act as an automatic suspension of the license unless the

Commissioner, for good cause shown in writing and the payment of an amount equal to

double the renewal fee for said delinquency, lifts the suspension and issues the renewal

license. During the period of suspension, any practice by the licensee under the color of

such license shall be deemed a violation of this chapter. If a license renewal application is not

received from the licensee within thirty (30) days of the date of license suspension, the licensee

shall be required to remove or cover-up all forms of advertisement (signage) identifying the

business.

1. All applicants and licensees shall comply with the bonding and general liability

requirements as established by Miss. Code Ann. § 75-49-11 (Rev. 2008) and as described in

Rule 5.02.1-12 of this regulation.

2. Annual renewals of a retailer’s license shall require, as a condition precedent, that the

retailer verify by oath or affirmation that all retail sales lots that he/or she maintains are done so

in accordance with all rules and regulations promulgated by the Commissioner and that each lot

has three (3) or more new or used Factory-Built homes located thereon for retail sale as a

residential dwelling or for any other use at the time of application. Annual renewals of a

developer’s license shall require, as a condition precedent, that the developer verify and submit

a copy of legal documentation indicating that the developer has five (5) or more locations for a

Factory-Built home/land package.

3. W

ith return of the annual licensure application, it shall be the responsibility of each

retailer, developer and installer/transporter to request in writing the number of truck

decals needed for their transport vehicles (toter). A decal is to be placed on the driver and

passengers doors of each transport vehicle. Escort vehicles are not required to have decals.

Source: Miss. Code Ann. §§ 75-49-1, et seq.; 75-49-9(7); 75-49-19 (Supp. 2015).

Rule 5.02.1-12: Licensee Bonding and Insurance Requirements

A. After August 1, 2009, all new license applications and renewal applications for a license to act

as a manufacturer, modular contractor, developer, retailer, transporter, or installer of Factory-Built

homes in the State of Mississippi must provide to the State Fire Marshal’s Office verification that

they have obtained a general commercial liability policy and a surety bond in the following

specified amounts:

B. Manufacturers or Modular Contractors - provide proof of a surety bond in the amount of

$25,000.00 per Licensed Facility or, for three (3) or more Licensed Facilities, a minimum bond in

the amount of $50,000.00; and proof of a general commercial liability policy in the amount of

$1,000,000.00 in coverage;

C. Developers - provide proof of a surety bond in the amount of $25,000.00 per Facility or for

three (3) or more Facilities, a minimum bond in the amount of $50,000.00; and proof of a general

commercial liability policy in the amount of $1,000,000.00 in coverage;

D. Retailer (with 1 or more Facilities) - provide proof of a surety bond in the amount of

$25,000.00 per Facility or for three (3) or more Facilities, a minimum bond in the amount of

$50,000.00; and proof of a general commercial liability policy in the amount of $1,000,000.00 in

coverage;

E. Retailer (any person involved in the repossession and resale with no lot facilities and

performing Retailer activities as defined in Rule 5.01.2 (RR)) – provide proof of a surety bond in

the amount of $25,000.00 and proof of general commercial liability in the amount of $1,000,000.00

in coverage.

F. Installer/Transporter - provide proof of a surety bond in the amount of $25,000.00; and proof

of a general commercial liability policy for a minimum $100,000.00 in coverage. The general

commercial liability policy or automobile liability policy must indicate that a cargo policy has been

obtained by the licensee for the transport of Factory-Built homes.

1. Certificates of general commercial liability policies for all manufacturers, retailer/developers

and installer/transporters shall have the Mississippi State Fire Marshal’s Office as the designated

certificate holder.

2. A s

urety bond written pursuant to the requirements set forth in this section shall comply

with the Surety Bond for Licensure form that will be provided to the applicant from the State

Fire Marshal’s Office.

Source: Miss. Code Ann. §§ 75-49-1, et seq.; 75-49-9(7); 75-49-19 (Supp. 2015).

Rule 5.02.1-13: Operating Without a Privilege License

Any company/individual (retailer, developer or installer/transporter) who is found to be

operating without an appropriate privilege license in the State of Mississippi shall:

A. Show good cause, in writing to the Factory-Built Home Division of the State Fire Marshal’s

Office, why this violation occurred and include the approximate number of Factory-Built homes

sold and/or moved prior to obtaining a privilege license.

B. Request a retailer’s, developer’s, or installer/transporter’s privilege license application.

This application is to be returned, signed and notarized with a check payable to the Office of the

State Fire Marshal pursuant to the fee schedule in Rule 5.02.1-7.

C. Schedule with the State of Mississippi to attend an 8-hr training course and have passed a

written examination (passing score of 70 or above).

D. Set an inspection date with the State Fire Marshal’s Office which is required to verify

compliance with this chapter prior to issuance of license.

E. Be subject to penalties as set forth in Miss. Code Ann. § 75-49-19.

Source: Miss. Code Ann. §§ 75-49-1, et seq.; 75-49-9(7); 75-49-19 (Supp. 2015).

Rule 5.02.1-14: Installation Inspection

All Factory-Built homes passing an on-site inspection pursuant to this regulation, shall have a

permanently attached serial numbered and color coded installation decal near the HUD label on

new or used Factory-Built homes built after June 1976, and opposite the hitch-end of the

Factory-Built homes built prior to or on June 1976. The inspection decal for each Factory-

Built Home implies acceptance as having been installed in accordance with the

manufacturer’s specification, the local authority having jurisdiction (LAHJ) in coded areas

or in the absence of an installation manual, the State of Mississippi’s Rules and Regulations

for MH-5.

Source: Miss. Code Ann. §§ 75-49-1, et seq.; 75-49-9(7); 75-49-19 (Supp. 2015).

Rule 5.02.1-15: Site Preparation, Anchoring and Blocking Requirement

No retailer, developer, or installer/transporter shall deliver, or cause to be delivered, any Factory-

Built home that is to be used for human habitation, to any person at any site without proper site

preparation, anchoring and blocking of such home in accordance with the rules, regulations and

procedures promulgated by the Commissioner of Insurance.

Source: Miss. Code Ann. §§ 75-49-1, et seq.; 75-49-9(7); 75-49-19 (Supp. 2015).

Rule 5.02.1-16: Time Period Allowed for Installation

A period of not more than thirty (30) days from date of delivery to the site shall be allowed for

the anchoring and blocking of all Factory-Built homes. No retailer, developer, or

installer/transporter shall perform a “Hook and Drop” of any Factory-Built home, originally

designed for human habitation, to any installation site. This requirement is provided for in Miss.

Code Ann. § 75-49-7(2) and Rule 5.02.1-15 of this Regulation.

Source: Miss. Code Ann. §§ 75-49-1, et seq.; 75-49-9(7); 75-49-19 (Supp. 2015).

Rule 5.02.1-17: Property Locator/Certificate of Installation Submitted by the

Retailer/Developer

A. To ensure compliance with this regulation, it shall be the responsibility of each retailer and

developer to submit the Property Locator/Certificate of Installation to the Factory- Built Home

Division of the State Fire Marshal’s Office for every Factory-Built home that has been sold and

installed. The above listed form must be received in the State Fire Marshal’s Office within

seventy-two (72) hours (3 days) of completion of the installation of the home and not the sale of

the home. The form must be signed by both the retailer/developer and the installer/transporter. The

form enables the duly appointed representative of the State Fire Marshal’s Office to conduct

inspections as required according to the Division. The information on the Property

Locator/Certificate of Installation must be legible and shall include all of the following

information:

1. The retailer’s name, license number, address, telephone number, and fax number;

2. The installer/transporter’s name, license number, address, telephone number, and fax number;

3. The homeowner’s name, address of the home installation site, the homeowner’s telephone

number, and county where home has been installed.

4. The serial number of home, size of home, HUD number, Wind Zone designation,

year/make/model of the home, new or used home designation, and the manufacturer of the home;

5. The date the home was installed;

6. Any exclusion of the home for use as a hunting/fishing camp, storage or other use, if applicable;

7. Determination of party responsible for the site preparation;

8. Designation of type of pan foundation system, if installed on the home;

9. Class of anchor used for home installation or soil test probe readings for class of anchor

installed;

10. Signatures of the retailer/developer and installer/transporter;

11. Precise and accurate written directions to the home installation site; using state highway

numbers, county road numbers, towns, street names, and road names and distances along each

roadway; and

12. A clear and legible map showing directions to the home-site from a known starting point.

B. Nothing contained herein shall restrict or limit the customer’s option of independently

contracting with a properly licensed transporter or installer for set-up and installation rather

than purchasing transportation and installation services from the retailer or developer.

Source: Miss. Code Ann. §§ 75-49-1, et seq.; 75-49-9(7); 75-49-19 (Supp. 2015).

Rule 5.02.1-18: Property Locator/Certificate of Installation Submitted by the

Installer/Transporter

A. It shall be the responsibility of each installer/transporter that transports or installs a home at a

secondary location to submit, for every Factory-Built home, the Property Locator/Certificate of

Installation to the Factory-Built Home Division of the State Fire Marshal’s Office (SFMO). The

above listed form must be signed and dated by the installer/transporter and received in the SFMO

within seventy-two (72) hours (3 days) of completion of the installation of a home. The Property

Locator/Certificate of Installation is to enable the duly appointed representative of the State Fire

Marshal’s Office to conduct inspections as required according to the Division. This report is

required for all new and used homes that are transported or installed by an

installer/transporter for someone other than a licensed retailer or developer. The information

on the forms must be legible and shall include all of the following:

1. Indicate on the form that this is a secondary installation.

2. The installer/transporter’s name, license number, address, telephone number, and fax number;

3. The homeowner’s name, address of the home installation site, the homeowner’s telephone

number, and county where home has been installed.

4. The serial number of the home, size of the home, HUD number, Wind Zone designation,

year/make/model of the home, new or used home designation, and the manufacturer of the home;

5. The date of the home installation;

6. Any exclusion of the home for use as a hunting/fishing camp, storage or other use, if applicable;

7. Determination of party responsible for the site preparation;

8. Designation of type of pan foundation system, if installed on the home;

9. Class of anchor used for home installation or soil test probe readings for class of anchor

installed;

10. Signature of the installer/transporter;

11. Precise and accurate written directions to the home installation site; using state highway

numbers, county road numbers, towns, street names, and road names and distances along each

roadway; and

12. A clear and legible map showing directions to the home-site from a known starting

point.

B. In all cases in which the installation is arranged and/or paid for by the retailer, the retailer shall

assume responsibility for the proper set-up of the Factory-Built home. This subsection shall not

relieve any installer/transporter from any responsibilities and applicable penalties.

C. All manufacturers, retailers, developers and installers shall comply with the Mississippi

Factory-Built Home Installation Program as set forth in Rule 5.02.2 of this Regulation.

Source: Miss. Code Ann. §§ 75-49-1, et seq.; 75-49-9(7); 75-49-19 (Supp. 2015).

Rule 5.02.2: Factory-Built Home Installation Inspection Program

This section of the regulation describes the standards and requirements for an installation

inspection program for all Factory-Built homes sited within the State of Mississippi. Said program

shall be called the Mississippi Factory-Built Home Installation Inspection Program (hereinafter

“MS Inspection Program”).

Source: Miss. Code Ann. § 75-49-11 (Supp. 2015).

Rule 5.02.2-1: Purpose

The Commissioner of Insurance, in his duties as State Fire Marshal, pursuant to the authority

granted to him by House Bill 1435, 2008 Regular Legislative Session as codified in Miss. Code

Ann. § 75-49-9(11); Miss. Code Ann. § 75-49-11 (Rev. 2008); as well as the provisions of

Mississippi Department of Insurance Regulation No. 88-101, said Regulation being the Rules of

Practice and Procedure before the Mississippi Insurance Department; and upon agreement

between the Mississippi State Fire Marshal’s Office, Factory-Built Home Division (“Division”)

and the Department of Housing and Urban Development (“HUD”), which requires the Division

to conduct installation inspections of Factory-Built Homes from and after July 1, 2009.

Source: Miss. Code Ann. §§ 75-49-1, et seq.; 75-49-11 (Supp. 2015).

Rule 5.02.2-2: Scope

The inspection program shall apply to all Factory-Built homes sited within the State of

Mississippi installed on or after July 1, 2009.

Source: Miss. Code Ann. §§ 75-49-1, et seq.; 75-49-11 (Supp. 2015).

Rule 5.02.2-3: Mississippi Factory-Built Home Installation Program Standards

The Mississippi Factory-Built Home Installation Program Standards (hereinafter “MS

Installation Standards”) shall be the standards and requirements as set forth by the National

Manufactured Housing Construction and Safety Standards Act of 1974, as amended (42 USCS

5401 et seq.) and as amended by the Manufactured Housing Improvement Act of 2000, as same

may be revised and amended; and Mississippi Department of Insurance Regulation MH-5, as

amended.

Source: Miss. Code Ann. §§ 75-49-1, et seq.; 75-49-11 (Supp. 2015).

Rule 5.02.2

-4: Installation Inspection Requirements

A. Beginning July 1, 2009, every Factory-Built home that is sited within the State of Mississippi

shall be subject to inspection under the MS Inspection Program prior to occupation. Said

inspection shall be conducted by an inspector assigned by the State Fire Marshal’s Office to

verify that the installation of the Factory-Built home meets the MS Installation Standards.

B. Furthermore, each retailer/developer and/or installer/transporter shall certify, by submitting a

Certificate of Inspection Form to the State Fire Marshal’s Office indicating that they have installed

said Factory-Built home in accordance with the requirements set forth by the MS Installation

Standards and this Regulation.

Source: Miss. Code Ann. § 75-49-1, et seq.; § 75-49-11 (Supp. 2015).

Rule 5.02.3: Installation Inspection Procedure

Rule 5.02.3-1: Scheduling of the Inspection

A. For all new or used residential Factory-Built homes involving a retailer, the retailer is

required within three (3) business days of the completion of the installation, minus skirting, to

submit by e-mail, facsimile, or priority mail, a properly completed and signed Property

Locator/Certificate of Installation to the Factory-Built Home Division of the State Fire Marshal’s

Office. This will provide information on the exact location where the home has been installed.

B. For secondary sitings not involving a retailer, the installer/transporter is required to submit

within three (3) business days of the completion of the installation, minus skirting, by e- mail,

facsimile, or priority mail, the properly completed and signed Property Locator/Certificate of

Installation to the Factory-Built Home Division of the State Fire Marshal’s Office, for all Factory-

Built homes. This will provide information on the exact location of the home and when the home

has been installed.

Source: Miss. Code Ann. §§ 75-49-5; 75-49-9; 75-49-11 (Supp. 2015).

Rule 5.02.3-2: Inspection Fees

The State Fire Marshal has set a reasonable standard fee, which shall not be more than an amount

allowed by HUD, for said inspection. The fee shall be paid by the installer/transporter, developer,

or retailer. The State Fire Marshal will not charge the fee to the purchaser of the Factory-Built

home. Inspection fee invoices shall be sent to the installer/transporter upon receipt of the Property

Locator/Certificate of Installation. The payment for the inspection fees, including the remittance

portion of the invoices, shall be promptly returned to the State Fire Marshal’s Office. Failure to

submit payment of the inspection fee invoices within 45 days from the date on the invoice shall be

considered a violation of this regulation.

Source: Miss. Code Ann. §§ 75-49-5; 75-49-9; 75-49-11 (Supp. 2015).

Rule 5.02.3-3: Contract Rights Not Affected

Failure to arrange for an inspection of a home within three (3) business days of the completed

installation will not affect the validity or enforceability of any sale or contract for the sale of any

Factory-Built home.

Source: Miss. Code Ann. §§ 75-49-5; 75-49-9; 75-49-11 (Supp. 2015).

Rule 5.02.3-4: State and Local Permits

All necessary permit requirements under state law shall be obtained prior to installation.

Source: Miss. Code Ann. §§ 75-49-5; 75-49-9; 75-49-11 (Supp. 2015).

Rule 5.02.4: Certification of Installation

Rule 5.02.4-1: Certificate of Inspection

When the installation work is complete, the retailer and/or installer/transporter shall certify by

signature at the bottom of the Property Locator/Certificate of Installation devised for reprint

purposes, that:

A. The Factory-Built home has been installed in accordance with:

1. An installation design and instructions that have been provided by the manufacturer and

approved by the Secretary for Housing and Urban Development directly or through review by the

DAPIA; or,

2. An installation design and instructions that have been prepared and certified by a professional

engineer or registered architect, that have been approved by the manufacturer and the DAPIA as

providing a level of protection for residents of the home that equals or exceeds the protection

provided by MH-5, as amended.

3. If the installation instructions do not comply with the installation standards, the

manufacturer is responsible for any aspect of installation that is completed in accordance with

the installation instructions and that does not comply with the installation standards.

4. If a Factory-Built home is classified as “used” and the manufacturer instructions cannot be

located, the installer/transporter shall comply with the provisions of this regulation, as amended, in

installing the Factory-Built home.

5. Upon completion of the inspection, where the inspector has verified the installation as proper

and has passed the home, a signed Certificate of Inspection will be sent to the homeowner and to

the installer/transporter and to the retailer when applicable. This certificate is verification that the

installation of the home has passed a final inspection.

Source: Miss. Code Ann. §§ 97-7-10; 75-49-7(2); 75-49-19; 75-49-11; 75-49-1 et seq. (Supp.

2013).

Rule 5.02.4-2: Procedures for Re-inspection Upon Failure to Pass

A. If the proper installation of the new or used Factory-Built home cannot be confirmed at the

time of the inspection, the inspector must notify the company performing the installation of any

failures to comply with the installation standards and provide a written explanation (letter and

affidavit) with the reasons why the inspector cannot approve the installation. If the installation is a

secondary move the installer/transporter will receive the letter and affidavit. The responsible

person shall have twenty (20) calendar days, from the date of the letter and affidavit, to correct the

defects found during the inspection and return the signed and notarized affidavit to the State Fire

Marshal’s Office indicating that all the listed defects have been corrected. After the installation is

corrected and the notarized affidavit has been returned, the installation may be re-inspected by an

inspector before verification can be issued. Submission of a signed and notarized affidavit by a

manufacturer, developer, retailer or installer/transporter that are not factually correct are

considered to be a violation of Miss. Code Ann. § 97-7-10.

B. If the manufacturer, developer or retailer retains the installer/transporter, they are jointly and

severally responsible with the installer/transporter for correcting installation defects. Upon

failure to pass the re-inspection of the installation, the manufacturer, developer, and/or retailer

will be notified that the installer/transporter has failed to correct the defects.

Source: Miss. Code Ann. §§ 97-7-10; 75-49-7(2); 75-49-19; 75-49-11; 75-49-1 et seq. (Supp.

2013).

Rule 5.02.4-3: Cost of Re-inspection

A failed installation will require a re-inspection following the correction of the identified defects

and may be assessed a re-inspection fee. The cost of that re-inspection will be paid by the

installer/transporter or, if the installer/transporter was retained by the manufacturer, developer or

retailer, by that individual or entity and, absent a written agreement with the purchaser that

specifically states otherwise, that cost cannot be charged to the purchaser of the Factory-Built

home. The re-inspection fee shall be reasonable and shall not exceed the cost of the original

inspection fee.

Source: Miss. Code Ann. §§ 97-7-10; 75-49-7(2); 75-49-19; 75-49-11; 75-49-1 et seq. (Supp.

2013).

Rule 5.02.4-4: Scheduling of Re-inspection

Within three (3) business days following completion of all work to correct the installation

deficiencies, the installer/transporter must contact the Fire Marshal’s Office to arrange for the re-

inspection of the home installation site. Such inspection shall be performed as soon as

practicable by an inspector.

Source: Miss. Code Ann. §§ 97-7-10; 75-49-7(2); 75-49-19; 75-49-11; 75-49-1 et seq. (Supp.

2013).

Rule 5.02.4-5: Inspection Decal

A. Upon passing the final inspection, the inspector shall permanently attach a color-coded serial

numbered inspection decal near the HUD label on new or used Factory-Built homes built after

June 1976, and opposite the hitch-end of Factory-Built homes built prior to or on June 1976, as

proof that the Factory-Built home installation meets the MS Installation Standards as set forth in

this regulation.

B. The State Fire Marshal's Office will supply inspection decals to each inspector. Each decal

will have spaces for the inspector to write in the homeowner’s name, date of inspection and

installer/transporter license number, and will bear the following statement:

THIS MANUFACTURED, MOBILE OR MODULAR HOME HAS BEEN INSTALLED IN

COMPLIANCE WITH THE UNIFORM STANDARDS CODE FOR THE FACTORY-

BUILT HOMES LAW. ANYONE TAMPERING WITH OR REMOVING THIS

INSPECTION DECAL FROM THIS UNIT WILL BE PROSECUTED AS SET FORTH IN

THESE RULES AND REGULATIONS, AND SHALL BE SUBJECT TO SUSPENSION OR

REVOCATION OF THEIR PRIVILEGE LICENSE. (SECTION 75-49-1 ET SEQ., CODE

OF MISSISSIPPI (1972), AS AMENDED)

Source: Miss. Code Ann. §§ 97-7-10; 75-49-7(2); 75-49-19; 75-49-11; 75-49-1 et seq. (Supp.

2013).

Rule 5.02.4-6: Inspector Qualifications

Any person who is a Deputy State Fire Marshal may conduct inspections pursuant to this

Regulation. Furthermore, the State Fire Marshal’s Office may designate and authorize persons or

entities to conduct these inspections provided they meet the following qualifications.

A. Any individual or entity who meets at least one of the following qualifications may be

designated or authorized by the State Fire Marshal to review the work and verify the

installation of a Factory-Built home:

1. A professional engineer;

2. A registered architect;

3. A HUD-accepted Production Inspection Primary Inspection Agency (IPIA) or a Design

Approval Primary Inspection Agency (DAPIA);

4. An International Code Council certified inspector; or

5. Any person or entity who has three (3) years or more experience in inspecting homes or

experience in the Factory-Built home industry provided the Commissioner finds to his satisfaction

that said person or entity is qualified and competent to fulfill the responsibilities of an inspector.

B. The inspector must be independent of the manufacturer, the retailer, the installer/transporter,

and any other person that has a monetary interest, other than collection of an inspection fee, in the

completion of the sale of the home to the purchaser.

C. The Commissioner may, in writing, suspend or revoke an inspector’s authority to inspect

Factory-Built home installations for cause. In deciding whether to suspend or revoke an

inspector’s authority to conduct such installation inspections, the Commissioner may consider the

impact of the suspension or revocation on other affected parties and will seek to assure that the

sales and siting of Factory-Built homes are not unduly disrupted.

Source: Miss. Code Ann. §§ 97-7-10; 75-49-7(2); 75-49-19; 75-49-11; 75-49-1 et seq. (Supp.

2013).

Rule 5.02.4-7: Verification of Installer/Transporter License

If the retailer, developer or manufacturer agrees to provide any transportation and/or set up in

connection with the sale of a Factory-Built home, the retailer/developer or manufacturer must

verify with the Mississippi State Fire Marshal’s Office that the installer/transporter is licensed

pursuant to Miss. Code Ann. § 75-49-9. The retailer/developer and or manufacturer shall

forward a copy of the current license and the signed contract with each installer/transporter to

the Division office.

Source: Miss. Code Ann. §§ 97-7-10; 75-49-7(2); 75-49-19; 75-49-11; 75-49-1 et seq. (Supp.

2013).

Rule 5.02.4-8: Site Preparation by Homeowner

The manufacturer, retailer, developer or installer/transporter may agree in writing to allow the

consumer to conduct the site preparation for the Factory-Built home installation. However, before

the installer/transporter may begin installation of the Factory-Built home, the site preparation

must meet the requirements set forth in MH-5, as amended. If there is conflict between the

installer/transporter and the consumer regarding the site preparation, the State Fire Marshal’s

Office may be required to mediate. Any fee charged by the State Fire Marshal’s Office due to said

mediation will be paid by the consumer.

Source: Miss. Code Ann. §§ 97-7-10; 75-49-7(2); 75-49-19; 75-49-11; 75-49-1 et seq. (Supp.

2013).

Rule 5.02.4-9: Waiver of Rights Invalid

Any provision of a contract or agreement entered into by a Factory-Built home purchaser that

seeks to waive any recourse under the MS Installation Program is void, except a waiver

provision may be allowed for any agreement entered into pursuant to the provisions of Rule

5.02.4-8 of this Regulation.

Source: Miss. Code Ann. §§ 97-7-10; 75-49-7(2); 75-49-19; 75-49-11; 75-49-1 et seq. (Supp.

2013).

Rule 5.02.4-10: Violations and Penalties

Failure of a retailer/developer or installer/transporter or both to comply with a material provision

of this Regulation is considered a violation of Miss. Code Ann. § 75-49-7(2). The State Fire

Marshal may deny a license application or suspend or revoke a license, or may impose an

administrative fine, or both as provided in Miss. Code Ann. § 75-49-19, after giving notice of

hearing to the applicant or licensee by serving a written statement of charges on the licensee at

least twenty (20) days prior to hearing, in the manner provided for in Miss. Code Ann. § 75-49-13

for any violation of this Regulation.

Source: Miss. Code Ann. §§ 97-7-10; 75-49-7(2); 75-49-19; 75-49-11; 75-49-1 et seq. (Supp.

2013).

Rule 5.02.5: License Exceptions

Pursuant to Miss. Code Ann. §75-49-5, the following entities or individuals are not required to

have a privilege license:

A. An individual relocating and installing a Factory-Built home only within the boundaries of

their personal property (defined as “Self-Set”), is the owner thereof, or the Factory-Built home is

owned by a member of the individual's family, and the home is not intended for sale, exchange, or

lease. Further, the installation of the home must meet the requirements set forth in this Regulation

pertaining to the proper anchoring and blocking of the Factory-Built home. Any transportation of

the home by an unlicensed individual upon a public right of way from another property not directly

adjoining the destination property shall constitute a direct violation of this Regulation. The

transportation of any Factory-Built home upon a public right of way shall require a licensed

installer/transporter to provide this service.

B. An individual performing maintenance, repairs, or corrections to an installation for the

purpose of customer service on behalf of manufacturers, retailers or developers;

C. A transporter that conducts interstate transport of Factory-Built homes through the State of

Mississippi for manufacturers, retailers or developers and does not deliver to and/or install at

home sites intended for human habitation.

Source: Miss. Code Ann. §75-49-5 (Supp. 2015).

Rule 5.02.6: Manufacturer Qualifications for License

A. All manufacturer applicants shall certify in the application that they will fully comply with 24

CFR 3280 and CFR 3282 of the National Manufactured Home Construction Safety Standards Act

of 1974, (42 U.S.C.S. 5401 et seq.) and as amended by the Manufactured Housing Improvement

Act of 2000, set forth pursuant to Miss. Code Ann. § 75-49-5 and 75-49-11.

B. All manufacturers of modular homes shall certify in the application that they will fully

comply with the Title 19, Part 7, Chapter 3 (ME-2007-3) Rules and Regulations For The

Uniform Standards Code for the Factory-Built Homes Law as Related to Modular Homes.

Source: Miss. Code Ann. §§ 75-49-5; 75-49-11 (Supp. 2015).

Rule 5.02.7: Retailer Qualifications for License

In order to protect the health, safety and welfare of the public of this state, each applicant for a

retailer's license shall:

1. Demonstrate to the Commissioner that he has a good general working mechanical knowledge

of Factory-Built home construction and repair;

2. Demonstrate to the Commissioner that he has a good practical working knowledge of the

manner in which Factory-Built homes are anchored and blocked in accordance with rules,

regulations and procedures promulgated by the Commissioner;

3. Demonstrate to the Commissioner that he shall have or has adequate facilities for the

installation, repair and servicing of Factory-Built homes and storage of parts and accessories and

has at least one operable service truck. If, however, the retailer is contracting out all installation,

repair and service, then he shall provide a duplicate of the executed contract to the Commissioner

and said contract shall contain a clause stating that the Commissioner shall be notified (30) days

in advance of its cancellation.

4. Demonstrate to the Commissioner that he has adequate space to display his Factory-Built

homes at each sales lot and that he has or shall maintain a permanent sales office located at each

of those sales lots with running water and sewer facilities for public comfort and convenience

and to comply with the county health department regulations and other applicable safety

standards for a permanent sales site in the county or municipality in which they are located.

Prior to the issuance of the license, the physical location of the retail lot will be inspected by a

representative of the Factory-Built Homes Division of the State Fire Marshal’s Office to certify

that the facilities meet the standards set forth by this Regulation.

5. Demonstrate to the Commissioner that he shall maintain full compliance with all bonding and

insurance requirements for the entire licensure period.

Source: Miss. Code Ann. §§ 75-49-5; 75-49-11 (Supp. 2015).

Rule 5.02.7-1: Temporary Promotional Retail Sales Activity

Nothing in this regulation shall prohibit a licensed Mississippi permanent retailer sales center

from conducting a temporary promotional activity to retail consumers at a location other than its

licensed permanent retailer location center so long as:

A. The activity does not exceed seventeen (17) consecutive days in duration and is not repeated at

that location within the next six (6) months;

B. The activity is within the county in which the retailer sales center has a permanent license or

within fifty (50) miles radius of the location of the permanent licensed Mississippi sales center

location, whichever is greater;

C. The temporary promotional site has:

1. Running water and sewer facilities for public comfort and convenience and to comply with the

health and safety standards as well as other local ordinance requirements for a temporary sales site

in the county or municipality in which the site is located;

2. If running water and sewer facilities are not fully accessible to the public at the site during

the operation of the promotional event, then other arrangements must be made to ensure

compliance with Rule 5.02.7-1(C)(1);

3. The temporary promotional site has a sign at least four (4) feet by eight (8) feet in size with

lettering at least twelve (12) inches high advising the public that this is a temporary location and

designating the address of the permanent licensed sales center retailer location, with the sign to be

prominently located on the temporary promotional site for viewing by the public. This sign cannot

be placed on a public right-of-way, and it must be placed in the display area where the event is

held;

4. There is adequate space to display the Factory-Built homes at the temporary promotional

site, and;

5. The license must be granted by the Commissioner for each temporary promotional site where

employees or agents of the retailer meet the public regardless of whether or not sales will be made

on site;

6. The licensed Mississippi retailer shall provide a thirty (30) day advance notice to the Factory-

Built Home Division of the State Fire Marshal's Office for the purpose of license application, all

counties or municipalities, permits and site inspection. The license will only be good for the

seventeen (17) day time-frame requested.

7. The licensed Mississippi retailer shall submit its application for a license to the Factory-Built

Home Division of the State Fire Marshal's Office at least thirty (30) days prior to the proposed

effective date of the temporary promotional event. The failure to submit the license application at

least thirty (30) days in advance can serve as a basis for denial of a license. Any license issued

will only be valid for the seventeen (17) day time-frame or any shorter period of time requested.

Any license issued will only be effective for that period of time [actual days] in which sales are

actively solicited or the period of time in which the homes are promoted by the retailer.

Source: Miss. Code Ann. §§ 75-49-5; 75-49-11 (Supp. 2015).

Rule 5.02.7-2: Safeguarding the Public Interest

A retailer or developer may be required to demonstrate to the Commissioner that he has a good

general knowledge of and will comply with the requirements of the National Manufactured Home

Construction and Safety Standards Act of 1974, (42 U.S.C.S. 5401 et seq.), as amended, and as

amended by the Manufactured Housing Improvement Act of 2000 and the rules and regulations

promulgated by the Department of Insurance for the State of Mississippi and by the Department of

Housing and Urban Development as they pertain to the responsibilities of a retailer to properly

safeguard the public interest. No retailer or developer shall make use of transportation affecting

interstate or foreign commerce or the mails to sell, lease, or offer for sale or lease in the State of

Mississippi any Factory-Built home not in conformity with the aforesaid standards unless the

developer or retailer, acting as a reasonable developer or retailer, does not know that the Factory-

Built home does not conform to applicable standards. This prohibition of sale applies to any

affected Factory-Built homes until the completion of the entire sales transaction. A sales

transaction with a purchaser is considered completed when all the goods and services, that

the retailer has agreed to provide at the time the contract was entered into, have been

provided. Completion of a retail sale will be at the time the retailer completes setup of the

Factory-Built home if the retailer has agreed to provide setup. If the retailer has not agreed to

transport or setup the Factory-Built home, this prohibition of sale does not apply.

Source: Miss. Code Ann. §§ 75-49-5; 75-49-11 (Supp. 2015).

Rule 5.02.7-3: Retail Sales with In-house Transport and Installation Staff

A retailer that employs their own Factory-Built home transport and installation staff is authorized,

under their retail license, to transport and install homes that are for sale at their retail location. Any

transportation and installation of homes that are for sale by another licensed retailer/developer or

for persons contracting for hire the transportation and installation of their personal home shall be

considered as an installer/transporter, as defined in Rule 5.01.2 (U), and requires the retailer to

apply for and obtain a separate installer/transporter license.

Source: Miss. Code Ann. §§ 75-49-5; 75-49-11 (Supp. 2015).

Rule 5.02.7-4: Training Requirements

A. The retailer shall ensure that within one (1) year of employment, all sales staff will attend eight

(8) hours training and thereafter, attend eight (8) hours training every three (3) years to be

approved and/or provided by the Factory-Built Home Division. (Display current training

certificates of all sales staff at the retailer’s current business location.) The employer of sales staff

is responsible for submitting in writing to the Factory-Built Home Division a list of all sales staff

and their date of employment.

B. A retailer that employs their own installation staff shall ensure that within six (6) months of

employment all the installation staff will attend an introductory eight (8) hour training seminar and

thereafter, attend eight (8) hours training each year provided by the Factory- Built Home Division.

The employer of the installation staff is responsible for submitting in writing to the Factory-Built

Home Division a list of all the installation staff and their date of employment, which is due at the

time of license renewal.

C. With the submittal of the annual renewal application, all copies of approved certificates of

training shall be submitted by the retailer license holder for themselves, their sales staff and

installation staff to the Factory-Built Home Division and affirmation in writing, as required by the

Division, as having three (3) Factory-Built homes on retail lot.

Source: Miss. Code Ann. §§ 75-49-5; 75-49-11 (Supp. 2015).

Rule 5.02.7-5: Vehicle Decals

With the submittal of the annual renewal application, it shall be the responsibility of each

licensed retailer to request in writing the number of truck decals needed for their transporter (toter)

vehicles. Current vehicle decals will be issued by the State Fire Marshal’s Office/Factory-Built

Home Division, based upon the number requested by the licensee at time of license renewal. The

request must also include the vehicle VIN numbers and the vehicle license numbers for each of the

transport trucks to which the decals will be attached. The color of the decals shall denote the

current licensing period. A decal is to be placed on the driver and passenger doors of each

transporter vehicle. Escort vehicles are not required to have decals.

Source: Miss. Code Ann. §§ 75-49-5; 75-49-11 (Supp. 2015).

Rule 5.02.7-6: Retail Lot Display and Temporary Storage

A. All Factory-Built homes displayed or stored on a retail lot for periods longer than 30 days

shall be stabilized as described below and to such a degree as to not allow damage to occur while

the home is present on the lot.

B. All new Factory-Built homes at the retail location shall be temporarily blocked as required in

the “Display and Storage Instructions of the Home” section of the manufacturer’s installation

manual.

C. For all used Factory-Built homes at a retail location, piers shall consist of a minimum of

three (3) piers and are to be located under each I-beam, one at each end of the home and one in

front of each axle area. The piers shall be located no further than 2 feet from each end and

approximately at the center of the home.

D. For all used multi-section Factory-Built homes at a retail location, any opening within the

marriage wall greater than 48 inches shall have a pier installed at each side of the opening.

E. For all used homes at a retail location, door and window openings greater than 48 inches

shall have a pier installed at each side of the opening.

Source: Miss. Code Ann. §§ 75-49-5; 75-49-11 (Supp. 2015).

Rule 5.02.7-7: Inspection of Retail Lot Units and Records

A. Upon request of the State Fire Marshal Deputy, while conducting a regularly scheduled lot

inspection, all licensed retail lot owners shall be required to provide documentation or records for

each of the new and used homes present. The documentation for each home shall include the

identifying numbers (HUD numbers and Serial Numbers) and a delivery invoice indicating the

date that the home was delivered to the retail lot location.

B. All homes on the retail lot that have been on display and/or stored for longer than 30 days and

that have been found not to be properly stabilized as described above shall be marked with a

“Non-Compliance” tag. The tag will remain attached to the unit until such time as it has been

properly stabilized. If the home is a new home, a damage assessment shall be conducted by the

manufacturer of the home and a letter on the findings shall be filed with the retailer’s files on the

home and with the State Fire Marshal’s Office. The “Non- Compliance” tag may only be

removed by the State Fire Marshal’s Office at such time of notification that the home has been

properly stabilized and that a damage assessment has been complete.

Source: Miss. Code Ann. §§ 75-49-5; 75-49-11 (Supp. 2015).

Rule 5.02.8: Developer Qualifications for License

In order to protect the health, safety and welfare of the public of this state, each applicant for a

developer’s license shall:

A. Demonstrate to the Commissioner that he has a good general working mechanical

knowledge of Factory-Built home construction and repair;

B. Demonstrate to the Commissioner that he has a good practical working knowledge of the

manner in which Factory-Built homes are anchored and blocked in accordance with rules,

regulations and procedures promulgated by the Commissioner;

C. Demonstrate to the Commissioner that he shall have or has adequate facilities for the repair

and servicing of Factory-Built homes and storage of parts and accessories and has at least one

operable service truck. If, however, the developer is contracting out all installation, repair and

service, then he shall provide a duplicate of the executed contract to the Commissioner and said

contract shall contain a clause stating that the Commissioner shall be notified thirty (30) days in

advance of its cancellation.

D. Demonstrate to the Commissioner that he has an adequate space to display his Factory- Built

homes at each development site and that he has or shall maintain a permanent sales/business

office within the State of Mississippi with running water and sewer facilities for public comfort

and convenience and to comply with the county health department regulations and other

applicable safety standards for a permanent structure in the county or municipality in which they

are located. Prior to the issuance of the license the physical location of the developers retail

office will be inspected by a representative of the Factory-Built Homes Division of the State Fire

Marshal’s Office to certify that the facilities are up to standards set forth by this regulation.

E. Demonstrate to the Commissioner that he shall maintain full compliance with all bonding and

insurance requirements for the entire licensure period.

Source: Miss. Code Ann. §§ 75-49-5; 75-49-11 (Supp. 2015).

Rule 5.02.8-1: Safeguarding the Public Interest

A retailer or developer may be required to demonstrate to the Commissioner that he has a good

general knowledge of and will comply with the requirements of the National Manufactured Home

Construction and Safety Standards Act of 1974, (42 U.S.C.S. 5401 et seq.), as amended, and as

amended by the Manufactured Housing Improvement Act of 2000 and the rules and regulations

promulgated by the Department of Insurance for the State of Mississippi and by the Department of

Housing and Urban Development as they pertain to the responsibilities of a retailer to properly

safeguard the public interest. No retailer or developer shall make use of transportation affecting

interstate or foreign commerce or the mails to sell, lease or offer for sale or lease in the State of