§ 4401 Short title.
This chapter shall be known as and may be cited as the "Manufactured Home Installation Act."
§ 4402 Scope.
This chapter governs the installation of manufactured homes wherever situated in the State of Delaware, and shall apply to single section, multiple section or expandable homes for use as a permanent dwelling.
§ 4403 Definitions.
For the purposes of this chapter, the following terms and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
(1) "Applicant" means any person, individual, natural person who seeks to become licensed as a manufactured housing installer.
(2) "Approval decal" means the decal approved by and purchased from the Board on which an installer shall inscribe the date of setup, the name of the installer, and the number of the installer's license. Affixing an approval decal to the manufactured home data plate signifies the installer's certification that the home was installed in accord with all applicable laws, rules and regulations.
(3) "Authorized inspection agency" means a state, county, or municipal administrative department or agency, or other instrumentality of the State of Delaware, that has been assigned the function of inspecting manufactured home installations to ensure compliance with this chapter and the Board's rules and regulations or inspectors hired by the State, county or municipal administrative department or agency on a contract basis to perform inspections.
(4) "Board" means the Manufactured Home Installation Board.
(5) "Division" means the Division of Professional Regulation.
(6) "Homeowner" means, for purposes of this chapter, an individual who owns manufactured housing in Delaware that is used as a residence.
(7) "Installation" means the assembly of manufactured homes on site and the process of affixing manufactured homes to the land by the use of a foundation, footings, utilities, or to an existing building. The term includes the process of affixing manufactured home components to or within the housing structure for which they are designated. It shall also mean the installation of support and or anchoring systems to secure the home to the ground.
(8) "Installation Code" means the requirements for installation of a manufactured home or housing as they are set forth in this chapter.
(9) "Installation instructions" means written instructions provided by the manufacturer in the installation manual, or equivalent, which accompanies each manufactured home when it leaves the factory, and that detail the manufacturers requirements for ground support, anchoring systems, and other work to be completed on site during the installation process. If there are no manufacturer's instructions available then the term means either NCSBCS/ANSI 225.1, 1994 national standards, as amended, or in accordance with plans sealed by a registered professional engineer designed for that specific home.
(10) "Installer" means any person who is engaged in the business of performing manufactured housing installations as they are defined above. Any individual who is acting at all times under the supervision of a licensee need not be licensed in order to assist in the installation of manufactured housing.
(11) "Licensee" means any person who has completed the required training and who has paid the applicable fee for and received a license, under this chapter, for the installation of manufactured housing.
(12)a. "Manufactured home" or "Manufactured housing' means a factory-built, single-family dwelling:
1. Transportable in 1 or more sections, which is either 8 body feet or more in width and 40 body feet or more in length, or, when erected on site, has more than 400 square feet in living area; and
2. With or without a permanent foundation and designed to be used as a year-round dwelling when connected to the required utilities; and
3. If manufactured since June 15, 1976, built in accordance with manufactured housing construction requirements promulgated by the federal Department of Housing and Urban Development (HUD) or by other applicable codes.
b. The terms "manufactured home" and "manufactured housing" are synonymous with the term "manufactured home" as that term is used and defined in Chapter 70 of Title 25, but shall not be interpreted to include any recreational vehicle, recreational trailer, travel trailer, park trailer, camping trailer, or truck camper as those terms are defined in Chapter 1 of Title 21.
(13) "Manufactured home installation inspector" means any person who holds a manufactured home installation inspector's certificate issued pursuant to this chapter.
(14) "NCSBCS/ANSI 225.1, 1994" means the National Conference of States on Building Codes and Standards, Inc., American National Standard Home Installations, as adopted on January 4, 1994, as amended.
(15) "New manufactured home" means a manufactured home that has not been previously sold or previously installed. Homes that would otherwise have been considered new under this paragraph shall not lose that status as a result of having been set up on a temporary basis for display in a retail sales center, facility or its equivalent.
(16) "Person" means an individual, firm, partnership, corporation, association, joint stock company, limited partnership, limited liability company and any other legal entity and includes a legal successor of those entities.
(17) "Previously owned manufactured home" means any manufactured home that has been previously sold and been subject to an installation as defined herein.
(18) "Recreational vehicle" means a travel trailer, camping trailer, park model trailer, campers, or motor homes which are primarily designed as temporary living quarters for recreational camping, seasonal or travel use and which either have their own motor power or are mounted on or drawn by another vehicle.
(19) "Substantially related" means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the person's fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the work of a manufactured home installer.
(20) "Supervision" means managing the acts of another by overseeing the performance or operation of the person and by taking full responsibility for acts or omissions of the person that are being performed at the direction of a licensee or under the authority of a licensee's license.
(21) "Unauthorized practitioner" means any person, who engages in the occupational practices regulated by the Board, and who is not licensed or certified by the Board to do so.
§ 4404 Division responsibilities; register of licensed installers; Board records; administrative support.
(a) The Division of Professional Regulation shall keep a register of all approved manufactured home installer licensure applications.
(b) The Division shall maintain complete records relating to meetings of the Manufactured Home Installation Board including, but not limited to: minutes, examinations, rosters, changes and additions to the Board's rules and regulations, complaints, hearing records, and such other matters as the Board shall determine. Such records shall be prima facie evidence of the proceedings of the Board.
(c) The Division shall provide administrative support necessary for the Board to carry out its duties under this chapter.