58-56-15 - Factory built housing and modular units -- Division responsibility -- Unlawful conduct.
58-56-15. Factory built housing and modular units -- Division responsibility --Unlawful conduct.
(1) The division:
(a) shall maintain current information on the HUD code and the state construction coderelevant to manufactured housing installation and will provide at reasonable cost the informationto compliance agencies, local regulators, or state regulators requesting such information;
(b) shall provide qualified personnel to advise compliance agencies, local regulators, andstate regulators regarding the standards for construction and set-up, construction and set-upinspection, and additions or modifications to factory built housing;
(c) is designated as the state administrative agency for purposes under the provisions ofthe HUD code;
(d) may inspect the work of modular unit manufacturers in the state during theconstruction process to determine compliance of the manufacturer with this chapter for thoseunits to be installed within the state and upon a finding of substantive deficiency, issue acorrective order to the manufacturer with a copy to the local regulator in the state's politicalsubdivision in which the unit is to be installed;
(e) shall have rights of entry and inspection as specified under the HUD Code; and
(f) shall implement by rule as required by the HUD Code:
(i) a dispute resolution program; and
(ii) a continuing education requirement for manufactured housing installationcontractors.
(2) The division may assess civil penalties payable to the state for violation of the HUDCode in an amount identical to those set forth in Section 611 of the National ManufacturedHousing Construction and Safety Standards Act of 1974, 42 U.S.C. Sec. 5410.
(3) The state may impose criminal sanctions for violations of the HUD Code identical tothose set forth in Section 611 of the National Manufactured Housing Construction and SafetyStandards Act of 1974, 42 U.S.C. Sec. 5410, provided that if the criminal sanction is a fine, thefine shall be payable to the state.
Amended by Chapter 310, 2010 General Session