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RULE §80.33Installers' Responsibilities and Requirements

(a) If the retailer subcontracts installation to another licensed installer, their respective responsibilities are as set forth in the Standards Act.

(b) For used manufactured homes, the person contracting with the consumer for the installation of the home is the installer and must warrant the proper installation of the home. If the contracting installer subcontracts with an independent licensed installer, then the subcontractor is jointly and severally liable for that portion of the installation that the subcontractor performed.

(c) A person contracting directly with the consumer for only the transportation of a manufactured home to its site is not deemed by virtue of being the transporter to also be the installer.

(d) The contracting licensed installer is fully responsible for the complete installation in accordance with all applicable requirements set forth in this chapter even though the installer may subcontract certain installation functions to independent contractors pursuant to §1201.102(b) of the Standards Act. It is unlawful for a subcontractor who is acting as an agent for a licensed installer to advertise and/or offer installation services to any person unless the licensed installer's name and license number appear conspicuously in the advertisement.

(e) A person contracting for the installation of a manufactured home must specify in the applicable contract or an accompanying written disclosure the intended date by which installation will be complete and a designated person to contact for the current status as to the intended date for completion of installation.

(f) An installer shall provide the Department with a list of all subcontractors approved to work under the installer's license number.

(g) For each installation completed, the installer must complete a Notice of Installation and submit the original, signed form with the required fee to the Department no later than seven (7) days after which the installation is completed, but not later than three (3) days for installers with a provisional license. If an installer submits multiple installation reports at one time, a single payment for the combined fees may be submitted.

  (1) If a contracting installer subcontracts the installation to a licensed installer, the subcontracted installer who performs the installation shall complete the Notice of Installation, and submit the original signed form to the Department no later than seven (7) days after which the installation is completed, or not later than three (3) days for installers with a provisional license. The subcontracted installer may submit the required fee with the Notice of Installation Form.

  (2) If a contracting installer subcontracts the installation to a licensed installer, and the subcontracted installer does not pay the fee, the contracting installer shall submit a copy of the Notice of Installation, labeled as such, with the required fee to the Department no later than seven (7) days after which the installation is completed, or not later than three (3) days for subcontracted installers with a provisional license.

  (3) Provisional installers that provide the installation are required to send a copy of the Notice of Installation to the Department's Field Office within three (3) days of the installation to ensure a timely inspection may be conducted.

  (4) The timely submittal of the Notice of Installation after completion of the installation ensures the Department inspectors may inspect the manufactured home with utilities connected, but before the home is skirted.

(h) The completed Notice of Installation may, within the time frames specified in subsection (g) of this section be submitted with an application for Statement of Ownership but is not a requirement to obtain a Statement of Ownership. Copies must be labeled as such. The licensed installer who is listed on a Notice of Installation is presumed to be the installer primarily responsible for the installation and the person to whom any warranty orders, notices of inspection, or other communications from the Department regarding the installation shall be directed.

(i) Electrical, fuel, mechanical, and plumbing system crossover connections for multi-section homes, and completion of drain lines underneath all homes in accordance with the requirements of this chapter and installation of steps or legally compliant ramps to any exterior door that will be 12 inches or more above ground level are installer responsibilities and cannot be excluded by wording of the installation contract when provided by or installed by the installer. The installation of air conditioning at the home site must be performed by a licensed air conditioning contractor. The installation and ventilation of skirting or other material that encloses the crawl space underneath a manufactured home is an installer responsibility, if it is part of the sales or installation contract.

(j) A checklist must be maintained in the files. The checklist must consist of the following:

  (1) the HUD label number or Texas seal number and the serial number;

  (2) verification of the soil condition(s) at the installation site;

  (3) if installed on piers or pads, verification of the calculation of pier spacing; and

  (4) a list of each approved component or device used in the installation.

(k) Each installer shall maintain the following books and records for each installation:

  (1) verification that the required site preparation notice for a used home was signed by the consumer and timely delivered to a consumer by the licensee;

  (2) a copy of each installation warranty provided to a consumer with evidence that the warranty was timely delivered to the consumer;

  (3) if the used home is to be installed on a site that has evidence of ponding, run-off, or uncompacted soil, a signed form from the consumer, acknowledging the condition and accepting the risks, such form to be as set forth on the Department's website and §1201.255 of the Standards Act;

  (4) a list of the components used. If reconditioned components are used the identifying numbers must be legible;

  (5) if installed to manufacturer's instructions, a copy of those instructions, as in effect at the time of installation (one copy on-site is sufficient; a separate copy does not need to be maintained for each installation);

  (6) if installed to engineer-approved plans (other than manufacturer's instructions or state generic) a copy of the actual plans, showing the Texas engineer's stamp;

  (7) a copy of any agreement with another party to obtain or provide some or all of the installation services; and

  (8) a list of all unlicensed individuals who provided installation services under the installer's license, indicating each installation on which they worked.

(l) An installer shall conspicuously disclose their license number on all advertisements and contracts for installation services.

Source Note: The provisions of this §80.33 adopted to be effective December 30, 2007, 32 TexReg 8790; amended to be effective June 21, 2009, 34 TexReg 3254; amended to be effective December 20, 2009, 34 TexReg 8312; amended to be effective November 6, 2011, 36 TexReg 6724; amended to be effective January 7, 2018, 42 TexReg 6921

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