| (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 |
