Mo. Code Regs. tit. 20 § 4240-123.030

Current through Register Vol. 49, No. 23, December 2, 2024

Section 20 CSR 4240-123.030 - Seals

PURPOSE: This proposed amendment updates fees for modular unit seals to be affixed to modular units.

(1) No modular unit which entered the first stage of production after July 1, 1976 shall be rented, leased, or sold or offered for rent, lease, or sale in this state unless a seal or approved insignia is properly affixed to it.

(2) An application for a seal shall be submitted to the manager and it shall be executed on a form which shall be provided by the manager. One (1) form may be used to apply for all seals required at a given time.

(3) To be complete, an application for seals to be affixed to modular units manufactured or to be manufactured under an approved manufacturing program shall be executed by the manufacturer (or the manufacturer's agent if the manufacturer is a corporation) of the modular unit to which the requested seals will be affixed and shall include:

(A) An affidavit of the applicant or the applicant's agent if the applicant is a corporation, certifying that each requested seal will be affixed only to modular units manufactured under an approved manufacturing program and that each modular unit to which a requested seal will be affixed will comply with the code at the time it is rented, leased, sold, or offered for rent, lease, or sale by the applicant. Each new modular unit sold or placed in the state must contain the applicable seal as specified in this section; and

(B) A nonrefundable fee of two hundred twenty dollars ($220) for each seal requested.

(4) The manager is authorized to refuse to issue a seal under any of the following circumstances:

(A) If the modular unit to which the seal is to be affixed does not comply with the code which was in effect when it entered the first stage of production;

(B) If the manager has not approved the applicant's manufacturing program;

(C) If the manager's approval of the applicant's manufacturing program has lapsed, expired, or been withdrawn pursuant to 4 CSR 240-123.040;

(D) If at the time of application the manager has reason to believe that the applicant is failing to abide by Chapter 700, RSMo;

(E) If the manager has reason to believe that the seal will be placed on a unit which is not a complete modular unit.

(5) A seal or a written refusal to issue a seal shall be issued by the manager within ten (10) working days after s/he has received a complete application. A notice of refusal shall specify the reason for refusal.

(6) Seals may be delivered by one (1) of the following methods:

(A) By prepaid certified mail, requesting a return receipt signed by addressee only, sent to the applicant's place of business; or

(B) By delivery to an applicant in person at the office of the commission's manufactured housing and modular units program. Upon delivery of seals by this method, the applicant shall provide to the manager a written acknowledgement of receipt.

(7) A seal shall be affixed to the electric panel box of a completed modular unit. A seal shall be located so that person(s) shall have an unobstructed view of seal.

(8) Within thirty (30) days of the discovery that a seal issued to him/her has become lost, mutilated, or otherwise unserviceable, a dealer or manufacturer shall provide written notice of such to the manager.

(9) Any person to whom a seal has been issued or who owns a modular unit to which a seal or approved insignia has been affixed may apply for the replacement of such seal or approved insignia if it becomes lost, mutilated or otherwise unserviceable. Applications for replacement seals shall be made on the same forms and in the same manner as applications for seals are made under this rule. A fee of forty dollars ($40) shall be charged for a replacement seal.

(10) Seals and approved insignia may be removed by the manager from any modular unit which is found to be in violation of the code which was in effect when it entered the first stage of production. Seals issued to a person who manufactures modular units under an approved manufacturing program must be returned to the manager immediately if the approval is withdrawn by the manager.

(11) If the manager removes a seal or approved insignia from a modular unit, s/he shall provide written notice of such action to the owner of the unit. The notice shall be mailed within ten (10) working days of the removal and shall be sent by prepaid certified mail, requesting a return receipt signed by addressee only, to the last known address of the owner. The notice shall state the reason for the removal.

(12) When a seal or approved insignia is removed by the manager, s/he shall place a prohibited sale notice in the location specified for the seal in section (7) of this rule. A prohibited sale notice shall state that the rental, lease, or sale or the offering for rent, lease, or sale of the modular unit to which the notice is attached is prohibited under section 700.015, RSMo. The prohibited sale notice shall also state that further information may be obtained from the manager, whose name, address, and telephone number shall be listed on the notice. A copy of the prohibited sale notice shall be on file in the office of the manufactured housing and modular units program of the commission.

(13) The manager may issue a seal to any registered dealer or owner who has acquired a pre-owned modular unit without a seal, if proof is submitted to the manager that the unit meets the requirements of the existing International Building Code (IBC) or International Residential Code (IRC) as recognized by the commission pursuant to section 700.021, RSMo. Proof may include verification that the unit meets the applicable code from an approved third party inspection agency or other entity approved by the commission. The dealer or owner must make any changes required to bring the unit into compliance with the applicable code. The manager may issue a seal once all the requirements of Chapters 700 and 123, RSMo are met, required inspections are completed and the applicable seal fee is submitted.

20 CSR 4240-123.030

AUTHORITY: section 700.040, RSMo 2016.* This rule originally filed as 4 CSR 240-123.030. Original rule filed Aug. 16, 1979, effective Dec. 15, 1979. Amended: Filed Oct. 12, 1982, effective Jan. 13, 1983. Amended: Filed June 12, 2001, effective Jan. 30, 2002. Emergency amendment filed Jan. 24, 2003, effective Feb. 3, 2003, expired Aug. 1, 2003. Amended: Filed Feb. 27, 2003, effective July 30, 2003. Amended: Filed Oct. 15, 2007, effective April 30, 2008. Amended: Filed July 6, 2017, effective March 30, 2018. Moved to 20 CSR 4240-123.030, effective Aug. 28, 2019.

Amended by Missouri Register January 18, 2021/Volume 47, Number 2, effective 2/28/2022

*Original authority: 700.040, RSMo 1973, amended 1976, 1978, 1982, 1984, 1989, 1993, 1995, 1999.