Current through Register Vol. XLI, No. 45, November 8, 2024
Section 42-19-8 - Business Location Inspections; Private Home Inspections; DAPIAs; IPIAs8.1. The Board may enter any business location of a manufacturer, dealer, distributor, or contractor engaged in business in this state to inspect or otherwise determine compliance with the federal standards, the Act, and rules of the Board. 8.1.1. During a business location inspection, the Board may inspect and copy all records maintained by the manufacturer, dealer, distributor, or contractor pursuant to the federal standards, the Act, and rules of the Board.8.1.2. A business location inspection may occur, announced or unannounced, at any time between 8:00 a.m. and 5:00 p.m., Monday through Friday, or at other reasonable times considered necessary by the Board.8.2. The Board may provide inspections to private manufactured home sites to aid in the resolution of consumer complaints and to comply with its obligations under 24 C.F.R. § 3286.803. 8.2.1. To aid in the resolution of consumer complaints filed by a consumer against a licensed manufacturer, dealer, distributor, or contractor, the Board may provide, free of charge, one initial inspection and one follow-up inspection relative to each consumer complaint: Provided, That the Board may charge the licensee an inspection fee for any subsequent follow-up inspection which is necessitated by the licensee's failure to comply with an order of the Board.8.2.2. In order to comply with its obligations under 24 C.F.R. § 3286.803, the Board may conduct random inspections of private manufactured home installations. The Board may provide, free of charge, one initial inspection and one follow-up inspection relative to each random inspection: Provided, the Board may charge the licensed manufacturer, dealer, distributor, or contractor an inspection fee for any subsequent follow-up inspection which is necessitated by the licensee's failure to comply with an order of the Board. In order to afford an opportunity to attend a random inspection, the Board shall notify, via email, all licensees that were involved in the installation of the date and time of the random inspection at least five business days in advance.8.2.3. The Board may charge an inspection fee of $29 per hour, not to exceed $290 per day, plus reimbursement for mileage and other reasonable expenses incurred in connection with an inspection authorized in 8.2 of this section. The inspection fee is payable to the Board within 30 days of completion of the inspection.8.3. The federal standards contemplate the establishment of primary inspection agencies known as DAPIAs and IPIAs. These primary inspection agencies are responsible for the enforcement of the federal standards and the performance of the following functions: 8.3.1. Approval by a DAPIA of a manufacturer's manufactured home design to assure that it is in compliance with federal standards;8.3.2. Approval by a DAPIA of a manufacturer's quality control program to assure that it is compatible with the design;8.3.3. Approval by an IPIA of a manufacturer's plant facility and manufacturing process to assure that the manufacturer can perform its approved quality control program and can produce manufactured homes in conformance with its approved design; and8.3.4. Performance of ongoing inspections of the manufacturing process to assure that the manufacturer is continuing to perform its approved quality control program and, with respect to these aspects of manufactured homes inspected, is continuing to produce manufactured homes in conformance with its approved designs, and in compliance with federal standards.8.4. The Board may develop a DAPIA and/or an IPIA to carry out the federal enforcement functions. The Board may file all required applications and plans with HUD in order to obtain approval as a DAPIA and/or an IPIA, including a state-exclusive IPIA. The Board may employ any personnel for approved DAPIAs and IPIAs pursuant to 24 C.F.R. § 3282.352.8.5. If the Board does not seek or obtain the approval of HUD to act as a DAPIA and\or an IPIA, it may participate in joint team monitoring of DAPIAs and IPIAs in conjunction with HUD. The Board may also independently monitor the performance of DAPIAs and IPIAs acting within this state in coordination with HUD monitoring.8.6. The Board may charge the following inspection fees when performing any of its duly authorized functions as an approved DAPIA and/or IPIA:8.6.1. A fee of $30 per hour, not to exceed $300 per day, for conducting manufactured home initial design or design change evaluations;8.6.2. A fee of $30 per hour, not to exceed $300 per day, for conducting manufacturer quality control program evaluations;8.6.3. A fee of $30 per hour, not to exceed $300 per day, for conducting initial and ongoing manufacturing plant inspections; and8.6.4. An amount representing reimbursement of mileage and other reasonable expenses incurred in connection with any of the inspections authorized in 8.6 of this section.8.6.5. The inspection fees are payable to the Board within 30 days of completion of the inspection.8.7. Each manufacturer shall pay a monitoring inspection fee in an amount established by HUD for each transportable section of a manufactured housing unit produced by a manufacturer in this state. This monitoring inspection fee is payable directly to HUD.