SB 398 — HOUSING: Provides relative to the regulation of manufactured housing. (1/1/27) (EN +$40,000 SG RV See Note)

words in boldface type and underscored are additions.

SLS 26RS-445 REENGROSSED SB NO.

398 (iii)Afederallyinsuredfinancialinstitution,itssubsidiaries,oraffiliates.

Any person who buys,sells,buys,sells,distributes, distributes, brokers,orexchangesan interestinmorethanonesuch manufacturedormodularhomeinanytwelve-monthperiodshallbepresumed to be a factory-built housing dealer.

(b) A receiver, trustee, administrator, executor, guardian, or any other personPage appointed4 by or acting pursuant to a judgment or order of any48 court.Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

398 ENROLLED person appointed by or acting pursuant to a judgment or order of any court.

(e)(e)(i) A manufactured housing community or park owner that sells less than three manufactured homes in a twelve-month period, provided the communityorparkownerhasownedandleasedthemanufacturedhomebeing sold for more than one year.

(ii) Notwithstanding Item (e)(i) of this Subparagraph, a manufactured housingcommunityorparkownermaysellmorethanthreeusedmanufactured homes in any twelve-month period if any used manufactured home sold after the original three used manufactured homes meets the following:

(aa) Twenty years old or older at the time of sale.

(bb) Sold for a total sale price of ten thousand dollars or less, including delivery and installation.

(cc) Habitable upon completion of delivery and installation.

(dd) Sold with a thirty-day habitability warranty.

(b) "General contractor" does not mean any person, supplier, manufacturer, oremployeeofsuchpersonwhoassembles,repairs,maintains,moves,putsup,tears down, or disassembles any patented or proprietary equipment supplied by such person to a contractor to be used solely by the contractor for a construction Page 5 of 5148 Coding:

SLS 26RS-445 REENGROSSED SB NO.

398 oremployeeofsuchpersonwhoassembles,repairs,maintains,moves,putsup,tearsENROLLED down, or disassembles any patented or proprietary equipment supplied by such person to a contractor to be used solely by the contractor for a construction undertaking.

(11)(14)"Homeimprovementcontractor"meansanypersonwhoundertakes or attempts to undertake or submits a price or bid or offers to construct, supervise, superintend, oversee, direct, perform, or in any manner assume charge of a home improvement project for which the project value is at least seven thousand five hundreddollarsbutlessthanfiftythousanddollars.Ahomeimprovementcontractor shall not performanystructuralworkthatis integraltointegraltothestructuralintegrityofany thestructuralnew integrityofanyor neworexistingstructure,existing includingstructure, butincludingbut not limited to footings, foundations,outsidefoundations, outside walls, skeleton, bearing columns and interior load bearing walls, floor slabs, or roofing systems to any type.

(16) "Manufactured home" and "manufactured housing" means a factory-built, residential dwelling unit constructed to standards and codes, as promulgated by the United States Department of Housing and Urban Development(HUD),underDevelopment theNationalManufacturedHousing(HUD), pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C.

5401 et seq., as amended.amended.Theterms"manufacturedhome"and"manufacturedhousing"may be used interchangeably and apply to structures bearing the permanently affixed seal of the United States Department of Housing and Urban Development.

The(17)"Manufactured termshousing "manufacturedcode" home"means andthe "manufacturedNational housing"Manufactured mayHome beConstruction used interchangeably and applySafety toStandards structuresAct bearing the permanently affixed seal Page 6 of 511974, Coding:42 U.S.C.

5401 et seq., Page 6 of 48 Coding:

SLS 26RS-445 REENGROSSED SB NO.

398 ofENROLLED theasamended,andfederalregulationspromulgatedpursuantthereto,alongwith Unitedany Statesconstruction Departmentor installation-related standards adopted by the residential subcommittee of Housingthe andState UrbanLicensing Development.Board for Contractors.

(17)"Manufactured housing code" means the National Manufactured Home Construction and Safety Standards Act of 1974, 42 U.S.C.

5401 et seq., asamended,andfederalregulationspromulgatedpursuantthereto,alongwith any construction or installation-related standards adopted by the residential subcommittee of the State Licensing Board for Contractors.

(20)"Mobilehome"meansafactory-built,residentialdwellingunitbuilt to voluntary standards prior to the passage of the National Manufactured Housing Constructionand SafetyStandardsSafetyStandardsActof Actof 1974,42U.S.C.5401etseq.

(21) "Modular home" and "modular housing" mean a factory-built, Pageresidentialdwellingunit 7built oftotheInternational 51Residential Coding:Codeasadopted by the Louisiana State Uniform Construction Code Council.

(22)"Modularhousingcode"meanstheInternationalResidentialCode as adopted by the Louisiana State Uniform Construction Code Council.

Page 7 of 48 Coding:

SLS 26RS-445 REENGROSSED SB NO.

398 residentialdwellingENROLLED unit(14)(23) builttotheInternationalResidential"Mold Codeasremediation adoptedcontractor" bymeans any person who engages in removal,cleaning, sanitizing,demolition,orothertreatment,includingpreventative activities,ofmoldormold-contaminatedmatterthatwasnotpurposelygrownatthat location for which the Louisianaproject Statevalue Uniformis Constructionseven Codethousand Council.five hundred dollars or more.

(22)"Modularhousingcode"meanstheInternationalResidentialCodeMold asremediationapplies adoptedonlytotheregulationofmold-relatedactivitiesthataffect byindoor air qualityand does not applyto routine cleaning when not conducted for the Louisianapurpose Stateof Uniformmold-related Constructionactivities Codeintended Council.to affect indoor air quality.

(14)(23) "Mold remediation contractor" means any person who engages in removal,cleaning,sanitizing,demolition,orothertreatment,includingpreventative activities,ofmoldormold-contaminatedmatterthatwasnotpurposelygrownatthat location for which the project value is seven thousand five hundred dollars or more.

Moldremediationappliesonlytotheregulation ofmold-relatedactivitiesthataffect indoor air qualityand does not applyto routine cleaningwhen not conducted for the purpose of mold-related activities intended to affect indoor air quality.

(18)(27) "Qualifying party" means a natural person designated by the contractor to represent the contractor for the purpose of complying with the Pageprovisions 8 of 51this Coding:Chapter including but not limited to meeting the requirements for the initial license and any continuation thereof.

(19)(28)(a)"Residentialcontractor"meansanypersonwhoconstructsafixed building or structure for sale or use by another as a residence or who, for a price, commission,fee,wage,orothercompensation,undertakesorofferstoundertakethe Page 8 of 48 Coding:

SLS 26RS-445 REENGROSSED SB NO.

398 provisionsENROLLED ofconstructionorsuperintendingoftheconstructionofanyresidentialstructurewhich thisis Chapternot includingmore butthan notthree limitedfloors in height, to meetingbe theused requirementsby another as a residence, for which the initialproject licensevalue andis anyfifty continuationthousand thereof.dollars or more.

(19)(28)(a)"Residentialcontractor"meansanypersonwhoconstructsafixed building or structure for sale or use by another as a residence or who, for a price, commission,fee,wage,orothercompensation,undertakesorofferstoundertakethe constructionorsuperintendingoftheconstructionofanyresidentialstructurewhich is not more than three floors in height, to be used by another as a residence, for which the project value is fifty thousand dollars or more.

(c)"Residential(c)"Residentialcontractor"doesnot contractor"doesnotinclude includeanypersonengagedinanyperson engagedin building residential structures that are built to the United States Department of Housing and Urban Development's construction standards for manufactured housing as outlined at 42 U.S.C.

(21)(30) "Residential roofing contractor"means anyperson who undertakes to, attempts to, or submits a price or bid, or offers to construct, supervise, Pagesuperintend, 9oversee, direct, perform, or in any manner assume charge of 51a Coding:residentialroofingprojectforwhichtheprojectvalueisseventhousandfivehundred dollars or more.

(22)(31) "Residential structure" means a building or structure that is used primarily for occupancy by a person as a residence.

Such structures or buildings include but are not limited to single family dwellings and duplexes which are not Page 9 of 48 Coding:

SLS 26RS-445 REENGROSSED SB NO.

398 superintend,ENROLLED oversee,more direct,than perform,three orfloors in anyheight mannerand assumestructures chargethat are part of aor residentialroofingprojectforwhichtheprojectvalueisseventhousandfivehundredadjacent dollarsto the building or more.structures to be used as a residence.

(22)(31) "Residential structure" means a building or structure that is used primarily for occupancy by a person as a residence.

Such structures or buildings include but are not limited to single family dwellings and duplexes which are not more than three floors in height and structures that are part of or adjacent to the building or structures to be used as a residence.

(33)"Salesman"meansanypersonemployedbyafactory-builthousing dealerorfactory-builthousing developerforpurposesofsellingmanufactureddeveloperforpurposes of selling manufactured or modular housing to the public.

(34)"Seal"(34)"Seal"or"label"means or"label"meansthepermanentlyaffixeddeviceorinsigniathepermanently affixed deviceorinsignia issued by the United States Department of Housing and Urban Development (HUD) or other authority having jurisdiction that is displayed on the exterior of a factory-built manufactured or modular home, certifying that the home is in compliance with the manufactured housing code or the modular housing code.

(b) "Subcontractor" does not include any person, supplier, or manufacturer whoassembles,who assembles, repairs,maintains, moves, puts up, tearstearsdown,or down,disassembles orany disassemblesanypatentedorproprietaryequipmentsuppliedbysuchpersontoacontractorto Pagebeused 10solely ofby 51the Coding:contractor for a construction undertaking.

(37)"Transporter"meansanindividualwhotransportsamanufactured or modular home to a site of installation but does not perform any blocking or anchoring of the home, however, a transporter is allowed to put blocks under the hitch on the tongue of the frame.

* * * Page 10 of 48 Coding:

SLS 26RS-445 REENGROSSED SB NO.

398 patentedorproprietaryequipmentsuppliedENROLLED bysuchpersontoacontractortobeused§2155. solely by the contractor for a construction undertaking.

(37)"Transporter"meansanindividualwhotransportsamanufactured or modular home to a site of installation but does not perform any blocking or anchoring of the home, except a transporter is allowed to put blocks under the hitch on the tongue of the frame.

* * * §2155.

There is herebyestablished within the board the Residential Contractors Subcommittee, hereinafter referred to as "residential subcommittee", consisting of five nine members who shall be residents of this state and who have been actively engaged in residential contracting foror atthe leastmanufactured fiveand yearsmodular priorhousing toindustryforatleastfiveyearspriortoappointmentbythegovernor.Threemembers appointmentof the residentialsubcommitteeshall be appointed bythe governor from a list of not less than ten names submitted by the governor.Louisiana Homebuilders Association as certifiedbyitspresidentandsecretary.Onememberoftheresidentialsubcommittee shall befromandappointedto representthefirstcongressionaldistrict, onemember shall be from and appointed to represent the second congressional district, one membershallbefromandappointedtorepresentthethirdcongressionaldistrict,one member shall be from and appointed to represent the fourth and fifth congressional districts, and one member shall be from and appointed to represent the sixth congressional district.

Three members of the residential subcommittee shall be appointed bytheby the governor from a list of not less than ten names submitted by the Louisiana HomebuildersManufactured Housing Association as certified by its president and secretary.secretary.One memberof the residential subcommitteeshall beappointed bythegovernortorepresenteachcongressionaldistrict.Twomembersshallbe appointed by the governor as at-large members.

One member of the residential subcommittee shall be from and appointed to represent the first congressional district, one member shall be from and appointed to represent the second congressional district, one member shall be from and appointed to represent thethirdcongressionaldistrict,onemembershallbefromandappointedtorepresent the fourth and fifth congressional districts, and one member shall be from and appointed to represent the sixth congressional district.

Three members of the residential subcommittee shall be appointed by the governor from a list of not less than ten names submitted by the Louisiana Manufactured Housing Association as certified by its president and secretary.

One member of the residential subcommittee shall be appointed by the governor to represent each congressional district.

Two members shall be appointed by the governor as at- large members.

FACTORY-BUILT HOUSING Page§2176.1. 11 of 51 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-445 REENGROSSED SB NO.

398 §2176.

§2176.1.§2176.2.

§2176.2.Page 11 of 48 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

398 ENROLLED §2176.3.

bond A.(1)Nomanufacturer,factory-builthousingdealer,orsalesmanwithinA.(1) orA withoutmanufacturer, thisfactory-built statehousing shalldealer, sell or offersalesman forwithin saleorwithoutthisstateshall innot Louisianasell anyorofferforsalein mobilethis home,stateanymobilehome, modular home, or manufactured housing unless he has obtained a valid manufacturer's,factory-builthousingdealer's,orsalesman'slicense,whichever is applicable, from the residential subcommittee as provided in this Part.

(2)(2)Afactory-builthousingdevelopershallnotsellorofferforsaletothe No factory-built housing developer shall sell or offer for sale to the public any manufactured or modular home unless he has obtained a license from the residential subcommittee, as provided in this Part.

NoAn employee of a factory-built housing developer shall not offer manufactured or modular housing forsaletothegeneralpublicforsaletothegeneral public withoutfirstobtaining asalesmanlicenseorbeingasalesman license or being a licensed real estate agent.

(3) NoA manufacturer, within or without this state, shall not sell, or offer for sale to a person, any manufactured or modular housing for resale to the public unlessthepersonhasobtainedavalidfactory-builthousingdealer'sorfactory-unless builthousingdeveloper'slicensefromtheresidentialsubcommitteeasprovidedthe person has obtained a valid factory-built housing dealer's or factory-built housing developer's license from the residential subcommittee as provided in this Part.

(5) The residential subcommittee may, by rule and regulation PagepromulgatedinaccordancewiththeAdministrativeProcedureAct,providefor 12staggeredrenewalandcollectionoftheannual oflicensefeesimposedpursuantto 51R.S. Coding:

37:2176.6.

(6) A factory-built housing dealer or factory-built housing developer shall not offer for sale to the public any new manufactured or modular home unless the manufacturer of the home has obtained a valid manufacturer's license.

B.Applicationforamanufacturer'slicenseshallbemadeupontheform prescribed by the residential subcommittee and shall contain all of the Page 12 of 48 Coding:

SLS 26RS-445 REENGROSSED SB NO.

398 promulgatedinaccordancewiththeAdministrativeProcedureAct,provideforENROLLED staggeredfollowing: renewal and collection of the annual license fees imposed under R.S.

37:2176.5.

(6) No factory-built housing dealer or factory-built housing developer shallofferforsaletothepublicanynewmanufacturedormodularhomeunless the manufacturer of the home has obtained a valid manufacturer's license.

B.Applicationforamanufacturer'slicenseshallbemadeupontheform prescribed by the residential subcommittee and shall contain all of the following:

C.(1)Nofactory-builthousingdealer's,factory-builthousingdeveloper's,C.(1)Afactory-builthousingdealer's,factory-builthousingdeveloper's, orsalesman'sor licenseshallsalesman's license shall not be issued to any person who has not attainedtheageattainedthe age of eighteen years.

(2) Each applicant for an original factory-built housing dealer's license or an original factory-built housing developer's license shall havehavefirstservedactivelyforoneyearas first served activelyfor one year as a salesman or shall havepurchasedhave purchased an existing factory-factory-built built housing dealer's business.

The Pageapplications 13for oflicenses 51shall Coding:be in the form and detail as prescribed by the residential subcommittee.

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-445 REENGROSSED SB NO.

398 applications for licenses shall be in the form and detail as prescribed by the residential subcommittee.

(a) Fiduciary or monetary matters including but not limited to any bankruptcy,Page judgment,13 insolvency,of or48 lien.Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

398 ENROLLED bankruptcy, judgment, insolvency, or lien.

F.(1)Anymanufacturerorfactory-builthousingdealerbeforeremoving any one or more of his places of business or opening any additional place of business shall apply to the residential subcommittee and obtain a separate license for each place of business to which he intends to move and for each additionaladditionalplaceofbusinessandpaytheapplicablefee,asprovidedinthisPart, placeofbusinessandpaytheapplicablefee,asprovidedinthisPart, for each place of business to which he moves and for each additional place of business.

(2)Alicensedsalesmantransferringemploymentfromonefactory-built housing residential contractor to another factory-built housing dealer shall Pageapply 14to the residential subcommittee for a transfer of 51his Coding:salesman's license withinfifteendaysafterthedateofhistransferofemploymentandshallpaythe applicable fee as provided in this Part.

The application for transfer shall be in a form prescribed by the residential subcommittee.

G.(1) Except as provided for in Paragraph (2) of this Subsection, beginning January 1, 1983, every license issued pursuant to this Part shall be issued annually and shall expire on December thirty-first following the date upon which it was issued.

Each license issued shall be renewed annually, and failure to apply for a renewal license by January first of the ensuing license period shallautomaticallysuspend thelicenseuntil arenewal licenseis applied for.

During the period of suspension, any practice by the licensee under the Page 14 of 48 Coding:

SLS 26RS-445 REENGROSSED SB NO.

398 applyENROLLED tocolorof thesuchlicenseshallbedeemedaviolationofthisPart.Applicationsmade residentialduringtheperiodofsuspensionshallrequirethepaymentofafeeequaltotwice subcommitteethe foramount a transfer of histhe salesman's license withinfifteendaysafterthedateofhistransferofemploymentandshallpaytherenewal applicable fee as providedset forth in thisR.S. Part.

The37:2176.6. application for transfer shall be in a form prescribed by the residential subcommittee.

G.(1)If Excepta as provided for in Paragraph (2) of this Subsection, beginning January 1, 1983, every license issuedis undernot thisrenewed Partwithin shalla beperiod issuedof annuallyone andyear shallfrom expirethe ondate Decemberof thirty-firstits followingexpiration, theit dateis uponno whichlonger iteligible wasfor issued.renewal.

Each license issued shall be renewed annually, and failure toapplyforarenewallicensebyJanuaryfirstoftheensuinglicenseperiodshall automatically suspend the license until a renewal license is applied for.

During the period of suspension, any practice by the licensee under the color of such license shall be deemed a violation of this Part.

Applications made during the period of suspension shall require the payment of a fee equal to twice the amountofthelicenserenewalfeeassetforthinR.S.37:2176.5.Ifalicenseisnot renewed within a period of one year from the date of its expiration, it is no longer eligible for renewal.

Renewal of a factory-built housing dealer license shall requireeachfactory-builthousingrequire each factory-built housing dealer to certify thathethat he has maintained a recordofrecord of providing satisfactoryservicetoconsumers.satisfactory service to consumers.

(2)BeginningJanuary1,1992,theresidentialsubcommitteemay,byrule(2)BeginningJanuary1,2020,theresidentialsubcommitteemay,byrule and regulation promulgated in accordance with the Administrative Procedure Act, provide for staggered renewal and collection of the annual license fees imposedunderR.S.37:2176.5.Anyruleandregulationpromulgatedundertheimposed provisionspursuant of this Paragraph providing for the staggered issuance and renewal of a license shall require that the license be renewed twelve months after issuance annually, and failure to applyR.S. for the renewal license shall automatically suspend the license until a renewal license is applied for.

During37:2176.6. the period of suspension any practice by the licensee under the color of such license shall be deemed a violation of this Part.

ApplicationsAny maderule duringand regulation promulgated pursuant to the Pageprovisions 15of this Paragraph providing for the staggered issuance and renewal of 51a Coding:license shall require that the license be renewed twelve months after issuance annually, and failure to apply for the renewal licenseshall automaticallysuspend thelicenseuntilarenewal licenseis applied for.Duringtheperiodofsuspensionanypracticebythelicenseeunderthecolor of such license shall be deemed a violation of this Part.

Applications made duringtheperiodofsuspensionshallrequirethepaymentofafeeequaltotwice the amount of the license renewal fee as set forth in R.S.

37:2176.6.

If a license is not renewed within a period of one year from the date of its expiration, it is no longer eligible for renewal.

An application for a new license may be submitted and upon approval, a new license shall be issued.

Renewal of a factory-built housing dealer's license shall require the factory-built housing dealer to certify that he has maintained a record of providing satisfactory service to consumers.

H.(1) The residential subcommittee may request and obtain from the DepartmentofPublicSafetyandCorrections,BureauofCriminalIdentification and Information, hereinafter referred to as the "bureau", criminal history Page 15 of 48 Coding:

SLS 26RS-445 REENGROSSED SB NO.

398 periodENROLLED ofrecord suspensioninformation shallas requiredefined thein paymentR.S. of a fee equal to twice the amountofthelicenserenewalfeeassetforthinR.S.37:2176.5.Ifalicenseisnot renewed within a period of one year from the date of its expiration, it is no longer eligible for renewal.

An37:763.1 applicationof forany aperson newapplying licensefor mayany belicensethattheresidentialsubcommitteeis submittedauthorizedbylaw andtoissueandshall uponpay approval, a newfee licenseas shallspecified bein issued.R.S.

Renewal of a factory-built housing dealer'slicenseshallrequirethefactory-builthousing dealertocertify thathehas maintained arecordof providing satisfactoryservicetoconsumers.

H.(1) The residential subcommittee shall have the authority to request and obtain from the Department of Public Safety and Corrections, Bureau of Criminal Identification and Information, hereinafter referred to as the "bureau", criminal history record information as defined in R.S.

37:763.1 on any person applying for any license which the residential subcommittee is authorized by law to issue and shall pay a fee as specified in R.S.

(2) The applicant shall submit fingerprints and other identifying information to the residential subcommittee, which shall then submit suchthat informationtothebureau,andthebureaushall,uponrequestoftheresidential subcommittee and after receipt of the fingerprint card and other identifying information from the residential subcommittee, make available to the residentialsubcommitteeallarrestandconvictioninformationcontainedinthe bureau's criminal history record and identification files whichpertaining pertain to the applicant.

(3) The residential subcommitteeshallsubcommittee havemay the authority to charge and collectfromancollect applicantfrom foranyan licensewhichapplicant theboardisauthorizedtoissue,for inadditiontoallotherapplicablefeesandcosts,theamountasmaybeincurredany bylicense which the residentialboard subcommitteeis authorized to issue, in requestingaddition andto obtainingall criminalother historyapplicable recordfees informationand oncosts, the amount incurred by the residential subcommitteeinrequestingandobtaining criminalhistoryrecordinformation of that applicant.

The individual required to take the continuing education Pagecourseistheindividual 16licenseholder;forcorporations,anofficerormanager; of 51 Coding:

Wordsforpartnerships, whicha arepartner struckor throughmanager. are deletions from existing law;

wordsThe inresidential boldfacesubcommitteeshall typeset andthe underscorededucational arerequirements additions.pursuant to R.S.

SLS 26RS-445 REENGROSSED SB NO.

398 courseistheindividual licenseholder;forcorporations,anofficerormanager;

for partnerships, a partnerormanager.Theresidential subcommitteeshall set the educational requirements pursuant to R.S.

(3) Any person applying for an original factory-built housing dealer's licenselicenseor or an original factory-builthousingfactory-built housing developer's license afterafterJanuary January 1, 2004, shall take a class and pass an accompanying test prior to receiving his originalPage license.16 of 48 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

398 ENROLLED original license.

Theresidentialsubcommitteeshallrequirethatfactory-builthousingThe residentialsubcommitteeshallrequirethatfactory-builthousing dealers,residentialcontractors,factory-builthousingdevelopers,transporters, and installers show proof of continued and ongoing general liability insurance coverage of at least five hundred thousand dollars.

§2176.3.§2176.4.

indemnity A.(1) InIf the event that a factory-built housing dealer ceases to do business with a manufacturer due to any of the following:

the manufacturer refusestohonoranagreeduponsalesterritory;themanufacturerrefusestopayrefuses warrantyclaimswithinsixtydaysorperformmajorwarrantyworkbeyondtheto scopehonor expectedan ofagreed-upon asales factory-builtterritory; housing dealer within sixty days;

or the manufacturer canrefuses noto longerpay deliverwarranty theclaims productwithin requestedsixty bydays or perform major warranty work beyond the scope expected of a factory-built Pagehousing 17dealer ofwithin 51sixty Coding:days;

or the manufacturer can no longer deliver the product requested by the factory-built housing dealer in a reasonable and timely manner, then after notice thereof to themanufacturerbyregisteredorcertifiedmailreturnreceiptrequestedwithin thirty days thereafter, the manufacturer, at a minimum, shall repurchase all new and unused manufactured homes of the current or immediately prior model year and parts on hand that have not been damaged or substantially altered to the prejudice of the manufacturer while in the possession of the factory-built housing dealer and all required demonstrators.

(2) The manufacturer shall make the required repurchase after the factory-built housing dealer terminates his franchise, sales, or any other contractual agreement, and within sixty days of the submission by the factory- built housingdealertothemanufacturer,byregisteredorcertified mail return receipt requested, of a final inventory of manufactured homes and parts on Page 17 of 48 Coding:

SLS 26RS-445 REENGROSSED SB NO.

398 housingENROLLED dealerhand. in a reasonable and timely manner, then after notice thereof to themanufacturerbyregisteredorcertifiedmailreturnreceiptrequestedwithin thirty days thereafter, the manufacturer, at a minimum, shall repurchase all new and unused manufactured homes of the current or immediately prior model year and parts on hand that have not been damaged or substantially altered to the prejudice of the manufacturer while in the possession of the factory-built housing dealer and all required demonstrators.

(2)(3) TheFailure manufacturerto shall make the required repurchase afterwithout thejust factory-builtcause housingshall dealersubject terminatesthe hismanufacturertoa franchise,penalty sales,of oroneand anyone-half otherpercentpermonth, contractualorafraction agreement,thereof, and within sixty days of the submissioninventory byvalue theof factory-returnable builtmanufactured housinghomes dealertothemanufacturer,byregisteredorcertifiedand mailparts, returnpayable receiptto requested,the offactory-built ahousing finaldealer, inventoryuntil ofrepurchase manufacturedis homesmade. and parts on hand.

(3)B.Anywarrantyworkperformedbyamanufacturedhomefactory-built Failurehousing todealer makepursuant theto repurchasea withoutmanufacturer's justwarranty cause shall subjectbe thereimbursed manufacturerby themanufacturerwithinsixtydaysofinvoicingforthoseservicesatalaborrate equal to abut penaltynot in excess of onethe andlabor one-halfrate percentin pereffect monthat orthat fractionretail thereof,dealership ofat thethetimethatthewarrantyworkisperformed.Thereimbursementamountshall inventoryalso valueinclude ofreasonable returnablecosts manufacturedfor homesparts and parts,mileage payablerelated to the factory-builtperformance housingof dealer,the aswarranty longwork. as repurchase is not made.

B.Anywarrantyworkperformedbyamanufacturedhomefactory-built housing dealer pursuant to a manufacturer'swarranty shall be reimbursed by themanufacturerwithinsixtydaysofinvoicingforthoseservicesatalaborrate equal to but not in excess of the labor rate in effect at that retail dealership at thetimethatthewarrantyworkisperformed.Thereimbursementamountshall also include reasonable costs for parts and mileage related to the performance of the warranty work.

Notwithstanding the terms of any franchise, sales, or other contractual agreement, each manufacturer shall indemnify and hold harmless its factory-built housing dealer against any judgment for damages, including but not limited to court costs and reasonable attorney fees of the factory-built housing dealer, arising out of complaints, claims, or lawsuits including but not Pagelimited 18to strict liability, negligence, misrepresentation, express or implied warranty, or rescission of 51sale Coding:to the extent that the judgment arises out of alleged defective or negligent manufacture, assembly, or design of manufactured homes, parts, or accessories or other functions of the manufacturer,whicharebeyondthecontrolofthefactory-builthousingdealer.

D.Priortomaking achangeinanareaofresponsibility describedin the franchise, sales, or any other contractual agreement or sales and service agreementwitha factory-built housing dealer,thefranchisorormanufacturer shall give the factory-built housing dealer no less than sixty days prior written notice, by certified or registered mail.

§2176.5.

Residential subcommittee A.Thepowersanddutiesoftheresidentialsubcommitteeincludebutare not limited to the following:

Page 18 of 48 Coding:

SLS 26RS-445 REENGROSSED SB NO.

398 limitedENROLLED to(1) strictLicensing liability, negligence, misrepresentation, express or implied warranty, or rescission of salemanufacturers, tofactory-built thehousing extentdealers, thatfactory- thebuilt judgmenthousing arisesdevelopers, outsalesmen, oftransporters, allegedand defectiveinstallers oras negligentprovided manufacture,in assembly,this orPart designand ofPart manufacturedII-A homes, parts, or accessories or other functions of thethis manufacturer,whicharebeyondthecontrolofthefactory-builthousingdealer.Chapter.

D.Priortomakingachangeintheareaofresponsibilitydescribedinthe franchise, sales, or any other contractual agreement or sales and service agreement, of a factory-built housing dealer, the franchisor or manufacturer shall give the factory-built housing dealer no less than sixty days prior written notice, by certified or registered mail.

§2176.4.

Residential subcommittee A.

The powers and duties of the residential subcommittee shall include but are not limited to the following:

(1) Licensing of manufacturers, factory-built housing dealers, factory- built housing developers, salesmen, transporters, and installers as provided in this Part and Part II-A of this Chapter.

The residential subcommittee may, prior to convening a formal hearing, establish a date for arbitration or mediation and in its discretion, the residential subcommittee may defer its authority to conduct a hearinghearingand andrendera render a determination totoan an independent third-partythird-partymediatorto arbitratorhearandresolvecomplaintsbroughtbeforetheresidentialsubcommittee.Ifthe orcomplaintisnotresolvedthroughmediation,theresidentialsubcommitteemay mediatorappointathree-memberpaneltoconductaninitialreviewofthecomplaint.All tocosts hearassociated andwith resolvesuch complaintsmediation broughtshall beforebe theborne residentialby subcommittee.the board.

If(3) theEstablishing complaintan isalternative notdispute resolvedresolution throughprocess arbitrationfor ormanufactured mediation,and themodular residentialhome subcommitteeconsumers mayin appointthis astate. three-member panel to conduct an initial review of the complaint.

AllThe costsresidential associatedsubcommitteemaychargeareasonablefeetodefraythecostofestablishingthe withalternative suchdispute arbitrationresolution orprocess. mediation shall be borne by the board.

Page(4)Requiringalllicenseestomaintaintheirrecordsforaperiodofthree 19years and to keep their recordsopen to inspection by any authorized employee of 51the Coding:residential subcommittee during reasonable hours.

(5) Issuing cease and desist orders, and subpoenaing individuals and records as it deems necessary.

(6)TakingactionagainstanypersonorlicenseethatviolatesthisPartor Part II-A of this Chapter.

(7) Reviewing and approving continuing education course work, required pursuant to this Part or Part II-A of this Chapter, offered in another state,ifthatotherstateallowsforreciprocityofLouisianacontinuingeducation course work.

Page 19 of 48 Coding:

SLS 26RS-445 REENGROSSED SB NO.

398 (3)ENROLLED (8) Establishing ana alternativemandatory disputeuniform resolutionwritten processtransportation forand installationcontractthatisrequiredtobeusedbyalltransportersandinstallers when moving or installing a manufactured andor modular home consumers in Louisiana.this state.

TheTransporters residentialand subcommitteemaychargeareasonablefeetodefraythecostofestablishinginstallers are required to give their customers a copy of the alternativecontract,itemizingallservicesbeingprovidedandthecostassociatedwiththose disputeservices, resolutionprior process.to beginning work or moving a home.

(4)RequiringalllicenseestomaintaintheirrecordsforaperiodofthreeThese years and to keep their records openshall tobe inspectionmaintainedforatleastthreeyearsandshallbemadeavailabletotheresidential by any authorized employee of the residential subcommittee duringfor reasonableinspection. hours.

(5)Transporters Thewho abilityare toonly issuepassing ceasethrough andthe desiststate, orders,or andare todelivering subpoenaa individualshome andfrom recordsa asmanufacturer itto deemsa necessary.licensee of the residentialsubcommittee,arenotrequiredtocomplywiththeprovisionsofthis Paragraph.

(6)TheabilitytotakeactionagainstanylicenseethathiresanindividualThe thatresidential hassubcommittee beenmay foundadopt torules be in violationaccordance ofwith thetheAdministrativeProcedureActasarenecessarytoimplementtheprovisions lawof andthis hasParagraph. a license that is either suspended or revoked.

(7)(9)Adoptingrulesgoverningtherepairsorrenovationsofmanufactured Reviewhomes. and approve continuing education course work, required under this Part or Part II-A of this Chapter, offered in other states,if the other state allows for reciprocity of Louisiana continuing education course work.

(8) The authority to establish a mandatory uniform written transportation and installation contract that is required to be used by all transporters and installers when moving or installing a manufactured or modularhomeinthisstate.Transportersandinstallersshallberequiredtogive theircustomersacopyofthecontract,itemizingallservicesbeingprovidedand the cost associated with those services, prior to beginning work or moving a home.

These records shall be maintained for at least three years and shall be made available to the residential subcommittee for inspection.

Transporters who are only passing through the state, or are delivering a home from a manufacturerto a licenseeof the residential subcommittee,are not required to comply with the provisions of this Paragraph.

The residential subcommittee may adopt rules in accordance with the Administrative Procedure Act as are necessary to implement the provisions of this Paragraph.

(9) The authority to adopt rules governing the repairs or renovations of Page 20 of 51 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-445 REENGROSSED SB NO.

398 manufactured homes.

B.Allexpensesincurredbytheresidentialsubcommitteeincarryingout the provisions of this Part shall be proper charges against the fund.Residential Subcommittee Manufactured Housing Dedicated Fund Account.

§2176.5.§2176.6.

dispositiondisposition; A.

creation of a dedicated fund account A.

(1) Original manufacturer's license $250.00 (2) Manufacturer's renewal license $250.00 (3) Original retailer's license $150.00 (4) Factory-built housing dealer's renewal license $150.00 (5) Original salesman's license $50.00 (6) Salesman's renewal license $50.00 (7) Transfer of salesman's license $5.00 (8) Factory-built housing dealer's branch office license $75.00 (9)Page Factory-built20 housing developer's original or renewal licens$150.00 B.AllfeesorfinescollectedundertheprovisionsofthisPartorPartII-A of this48 ChapterCoding: shall be collected and received by the executive director of the residential subcommittee and, upon receipt, shall be deposited by him into the state treasury and, after compliance with the provisions of Article VII, Section 9(B) of the Constitution of Louisiana, relative to the Bond Security and Redemption Fund, shall be credited to the Residential Subcommittee Manufactured Housing Fund which is hereby created as a special fund in the statetreasury.MoniesintheResidentialSubcommitteeManufacturedHousing Fund shall be appropriated by the legislature for use solely for the purposes of theactivitiesoftheresidentialsubcommitteeinimplementingandenforcingthe manufactured housing provisions of this Part and Part II-A of this Chapter.

§2176.6.

Motor vehicle inspection;

exception TheprovisionsofChapter7ofTitle32oftheLouisianaRevisedStatutes Page 21 of 51 Coding:

SLS 26RS-445 REENGROSSED SB NO.

398 ofENROLLED 1950,(9) relativeFactory-built tohousing inspectionsdeveloper's shalloriginal notor applyrenewal lice$150.00 B.(1) There is hereby established in the state treasury, as a dedicated fundaccount,theResidentialSubcommitteeManufacturedHousingDedicated Fund Account, hereinafter referred to manufacturedin orthis modularSection housing.as the "account".

(2)AfterallocationofmoneytotheBondSecurityandRedemptionFund as provided in Article VII, Section (9)(B) of the Constitution of Louisiana, the statetreasurershall deposit into theaccountall fines orfeescollectedpursuant to the provisions of this Part, Part II-A, and Part III of this Chapter.

Monies deposited into the account shall be categorized as fees and self-generated revenuesrelatedtotheexecutivebudgetand itssupporting documentsandany appropriation bills.

(3) Monies in the account shall be appropriated to the office of the governorfortheactivitiesoftheresidentialsubcommitteeinimplementingand enforcingthemanufacturedhousingprovisionsofthisPart,PartII-A,andPart III of this Chapter.

(4)Moniesintheaccountshallbeinvestedinthesamemannerasmonies inthestategeneralfund.Interestearnedoninvestmentofmoniesintheaccount shall be creditedtothe account.Unexpended and unencumbered monies in the account at the end of the fiscal year shall remain in the account.

Motor vehicle inspection;

exception TheprovisionsofChapter7ofTitle32oftheLouisianaRevisedStatutes of 1950, relative to inspections do not apply to manufactured or modular housing.

§2176.8.

§2176.8.Administrationandenforcement;powersofresidentialsubcommittee;Page 21 of 48 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

398 ENROLLED §2176.9.Administrationandenforcement;powersofresidentialsubcommittee;

(2) The residential subcommittee may adopt, pursuant to the Administrative Procedure Act, such rules and regulations as are necessary to enforcetheenforcethestandardspromulgatedpursuanttothisSectionandanyotherrules standards promulgated under this Section and any other rules and regulations necessary for the administration and enforcement of this Part.

(3)(3)Fortheperformanceofdutiesrequiredpursuanttotheprovisionsof For the performance of duties required under the provisions of this Part, including but not limited to the inspections necessary to administer and enforce the standards, rules, or regulations adopted underpursuant to this Subsection, the residential subcommitteesubcommitteemay may adopt fees ofby notrule morepromulgation than fifty dollars per inspection and not more than twenty-five dollars per hour for services performed in conducting the inspections.

The board may contract for professional services and may hire employees as it deems necessary for the performance of its functions required Pageor 22authorized by the provisions of 51this Coding:Part, to the extent that funds are available therefor.

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-445 REENGROSSED SB NO.

398 or authorized by the provisions of this Part, to the extent that funds are available therefor.

Except as otherwise provided in this Part, the provisions of Chapter 13 of Title 49 of the Louisiana Revised Statutes of 1950 shall apply to the administration and enforcement of this Part.

The residential subcommittee or its authorized representatives may enter any place, establishment, or location where manufactured or modular homesaremanufactured,sold,offeredforsale,transported,orinstalledforthe purposeofascertainingwhethertherequirementsofthemanufacturedhousing code or the modular housing code and of this Part and Part II-A of this Chapter, and the rules and regulations of the residential subcommittee, have beenPage or22 areof being48 compliedCoding: with.

§2176.9.Words which are struck through are deletions from existing law;

Agentwords forin serviceboldface oftype process Any person licensed by the residential subcommittee who is domiciled outside of this state and doesunderscored notare maintainadditions. a place of business in this state shall appoint a registered agent with the Louisiana secretary of state to serve as his agent for service of process in any action or proceeding arising from the licensee’s business activities.

SB NO.

398 ENROLLED been or are being complied with.

Agent for service of process Any person licensed by the residential subcommittee who is domiciled outside of this state and does not maintain a place of business in this state shall appoint a registered agent with the Louisiana secretary of state to serve as his agent for service of process in any action or proceeding arising from the licensee’s business activities.

§2176.11.

WheneverIf it appears that a person is violating or is threateningattempting to violate the manufactured housing code, the modular housing code, or a provision of this Part, Part II-A of this Chapter, or any rule or regulation adopted and promulgated by the residential subcommittee in accordance with theAdministrativeProcedureAct,theresidentialsubcommitteeshallbringsuitthe Administrative Procedure Act, the residential subcommitteeshall bring suit to restrain that person from continuing the violation or from carrying out the threat.

PageC. 23 of 51 Coding:

WordsIn whichthe aresuit, struckthe throughresidential aresubcommittee deletionsmay obtain injunctions, prohibitory and mandatory, including temporary restraining orders and preliminary injunctions, as the facts warrant, including, when appropriate, injunctions restraining a person from existingmoving law;or disposing of a manufactured home that is subject to the requirements of this Part, Part II-A of this Chapter, or any rule or regulation adopted and promulgated by the residential subcommittee in accordance with the Administrative Procedure Act, or to restraina person fromengaginginanybusiness forwhich alicensehas beenor should be issued pursuant to this Part or Part II-A of this Chapter.

words in boldface type and underscored are additions.

SLS 26RS-445 REENGROSSED SB NO.

398 C.

In the suit, the residential subcommittee may obtain injunctions, prohibitory and mandatory, including temporary restraining orders and preliminary injunctions, as the facts warrant, including, when appropriate, injunctions restraining a person from moving or disposing of a manufactured home that is subject to the requirements of this Part, Part II-A of this Chapter, or any rule or regulation adopted and promulgated by the residential subcommittee in accordance with the Administrative Procedure Act, or to restrainapersonfromengaginginany business forwhich alicensehas beenor should be issued under this Part or Part II-A of this Chapter.

All costs incurred by the residential subcommittee, including reasonablePage attorney23 fees, may be borne by the person or licensee who has been enjoined, or found in violation of the48 provisionsCoding: of the manufactured housing code, the modular housing code, or any provision of this Part, or Part II-A of this Chapter, or any rule or regulation adopted and promulgated by the residentialsubcommitteeinaccordancewiththeAdministrativeProcedureAct.

§2176.11.

Hearings to investigate and determine violations;

orders prohibiting violations and requiring compliance A.

Whenever in the opinion of the residential subcommittee the manufactured housing code, themodular housing code, or the requirements of this PartorPartII-Aof this Chapterisbeing violated, it may conduct hearings toinvestigateanddeterminewhethertheviolationhasoccurredorisoccurring andmayissueordersprohibitingsuchviolationandrequiringcompliancewith themanufacturedhousingcodeorthemodularhousingcodeandtheprovisions of this Part or Part II-A of this Chapter.

B.

All costs incurred by the residential subcommittee, including reasonable attorney fees, may be borne by the person or licensee who has been found in violation of the provisions of the manufactured housing code, the Page 24 of 51 Coding:

SLS 26RS-445 REENGROSSED SB NO.

398 ENROLLED reasonable attorney fees, may be borne by the person or licensee who has been enjoined, or found in violation of the provisions of the manufactured housing code, the modular housing code, or any provision of this Part, or Part II-A of this Chapter, or any rule or regulation adopted and promulgated by the residentialresidentialsubcommitteeinaccordancewiththeAdministrativeProcedureAct. subcommittee in accordance with the Administrative Procedure Act.

Hearings to investigate and determine violations;

orders prohibiting violations and requiring compliance A.

If in the opinion of the residential subcommittee the manufactured housing code, the modular housing code, or the requirements of this Part or Part II-A of this Chapter is being violated, it may conduct hearings to investigate and determine whether the violation has occurred or is occurring andmayissueordersprohibitingsuchviolationandrequiringcompliancewith themanufacturedhousingcodeorthemodularhousingcodeandtheprovisions of this Part or Part II-A of this Chapter.

B.

All costs incurred by the residential subcommittee, including reasonable attorney fees, may be borne by the person or licensee who has been found in violation of the provisions of the manufactured housing code, the modular housing code, any provision of this Part, Part II-A of this Chapter, or any rule or regulation adopted and promulgated by the residential subcommittee in accordance with the Administrative Procedure Act.

§2176.13.

§2176.13.§2176.14.

Penalties for violations A.WhoeverPage is24 found guilty of violating48 themanufacturedhousingCoding: code, themodular housing code,anyprovisionofthisPart,PartII-AofthisChapter, any rule or regulation, or final order issued thereunder shall be liable to the state through the residential subcommittee for a civil penalty not in excess of two thousand five hundred dollars for each violation.

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

398 ENROLLED A.Whoeveris found guilty of violating the manufacturedhousing code, themodularhousing code,anyprovisionofthisPart,PartII-AofthisChapter, any rule or regulation, or final order issued thereunder is liable to the state through the residential subcommittee for a civil penalty not in excess of two thousand five hundred dollars for each violation.

Any individual or director, officer, or agent of a corporation who knowingly and willingly violates any provision of the manufactured housing code, the modular housing code, any provision of this Part, Part II-A of this PageChapter,orany 25applicable ofruleorregulation 51issued Coding:pursuant tothosecodesor thosePartsinamannerwhichthreatensthehealthandsafetyofanypurchaser shall befined not morethan onethousand dollarsorimprisonednotmorethan six months, or both.

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-445 REENGROSSED SB NO.

398 Chapter, or any applicable rule or regulation issued thereunder in a manner which threatens the health and safety of any purchaser shall be fined not more than one thousand dollars or imprisoned not more than one year, or both.

§2176.14.

Severability If any provision of this Part or the application thereof is held invalid, such invalidity shall not affect other provisions, items, or applications of this Part that can be given effect without the invalid provision, item, or application and to this end the provisions of this Part are hereby declared severable.

Supremacy of the Part Notwithstanding any provision of law to the contrary, the codes and standards referenced in R.S.

37:2177.1 et seq., and those adopted by the residential subcommittee, shall be the only construction and installation standards used for manufactured or modular housing in Louisiana, and these standards shall preempt all local standards as they relate to the construction and installation of manufactured or modular homes in Louisiana.

§2176.16.

reports required Each licensee shall establish and maintain such records, make such reports, and provide such information as the residential subcommittee may reasonably require in order to be able to determine whether suchthat licensee has acted or is acting in compliance with the manufactured housing code or the modularhousingcodeandanyprovisionofthisPart,modularhousing PartII-AofthisChapter,codeandanyprovisionofthisPart,PartII-AofthisChapter, or any rule or regulation adopted by the residential subcommittee.

Upon request of the residential subcommittee, each licensee shall permit the residential subcommittee or its representative to inspect appropriate books, papers, records, and documents relevant to determining whether the licensee hasPage acted25 or is acting in compliance with the provisions of this48 Part,Coding: Part II-A of this Chapter, or any rule, as well as any regulation or order issued thereunder.

§2176.17.

Down payments;

sale of manufactured housing Page 26 of 51 Coding:

SLS 26RS-445 REENGROSSED SB NO.

398 ItisENROLLED unlawfulhas forafactory-builthousingacted dealerorfactory-builthousingor developeris toacting set forth in anycompliance retailwith installmentthe salesprovisions contract,of chattelthis mortgage,Part, orPart securityII-A agreement any down payment unless all of thethis downChapter, paymentor hasany actuallyrule, beenas receivedwell byas theany factory-builtregulation housing dealer or factory-builtorder housingissued developerthereunder. at the time of execution of such document.

If§2176.16. any part of the down payment is represented by a loan, trade-in, or any consideration other than cash, this fact shall be expressly set forth on the retail installment sales contract,chattelmortgage,orsecurityagreement.Noamount of thecashdown payment shall be from any rebate or other consideration received by or to be given to the consumer from the factory-built housing dealer or factory-built housing developer, or his respective agent.

§2176.18.Down payments;

sale of manufactured housing Itisunlawfulforafactory-builthousing dealerorfactory-builthousing developer to setforthin any retail installment sales contract, chattel mortgage, or security agreement any down payment unless all of the down payment has actually been received by the factory-built housing dealer or factory-built housing developer at the time of execution of such document.

If any part of the down payment is represented by a loan, trade-in, or any consideration other than cash, this fact shall be expressly set forth on the retail installment sales contract,chattelmortgage,orsecurityagreement.Noamountofthecashdown payment shall be from any rebate or other consideration received by or to be given to the consumer from the factory-built housing dealer or factory-built housing developer, or his respective agent.

§2176.17.

to the contrary, a licensed factory-built housing dealer or factoryfactory-built built housing developer shallmay be allowed to use a manufactured and modular home model to conduct only manufactured and modular home sales-related activity atthelocationofsalesofmanufacturedandmodularhomes.Manufacturedandat modularthe homelocation sales-relatedof activitysales includesof but is not limited to executing contracts, making copies or phone calls, showing manufactured and modular homehomes. models, or engaging in any other sales-related activity.

Manufactured and modular home sales-related activity includes but is not limited to executing contracts, making copies or phone calls, showing manufactured and modular home models, or engaging in any other sales-related activity.

The licensed factory-built housing dealer or factory-built housing developer shall also adhere to all of the following requirements:

(2) The manufactured or modular home shall be properly installed in accordance with applicable federal and state statutes, rules, regulations, and codes.Page 26 of 48 Coding:

PART II-A NEW MANUFACTURED AND MODULAR HOME WARRANTIES Page 27 of 51 Coding:

SLS 26RS-445 REENGROSSED SB NO.

398 §2177.1.ENROLLED codes.

Purpose§2176.18. The legislature finds a need to promote commerce in Louisiana by providing clear, concise, and mandatory warranties for the purchasers and occupants of new manufactured and modular homes in Louisiana and by providingfortheuseofhomeowners'insuranceasadditionalprotectionforthe public against defects in the construction of new manufactured and modular homes.

Severability If any provision of this Part or the application of any provision of this Part is held invalid, that invalidity shall not affect other provisions, items, or applications of this Part that may be given effect without the invalid provision, item, or application and to this end the provisions of this Part are severable.

§2176.19.

Supremacy of the Part Notwithstanding any provision of law to the contrary, the codes and standards referenced in R.S.

37:2177.1 et seq., and those adopted by the residential subcommittee, are the only construction and installation standards used for manufactured or modular housing in this state, and these standards preemptalllocalstandardsastheyrelatetotheconstructionandinstallation of manufactured or modular homes in this state.

PART II-A NEW MANUFACTURED AND MODULAR HOME WARRANTIES §2177.1.

Purpose The legislature finds a need to promote commerce in this state by providing clear, concise, and mandatory warranties for the purchasers and occupants of new manufactured and modular homes in this state and by providingfortheuseofhomeowners'insuranceasadditionalprotectionforthe public against defects in the construction of new manufactured and modular homes.

Additionally, all provisions of this Part shall apply to any defect, althougheven if there is no building standard directly regulating the defective workmanship or materials.

Short title This Part shall be known and may be cited as the "New Manufactured andPage Modular27 Homeof Warranty48 Act".Coding:

§2177.3.

Definitions For purposes of this Part, the following words, phrases, and terms are defined and construed as follows:

(1)"Builder"meansthefactory-builthousingdealerwhosoldthehome, the manufacturer who constructed the home or any section of the home if it is a multi-section home, theinstallerwho installed thehome,any person orentity that designed, manufactured, or constructed the home, whether or not the consumer purchased the underlying real estate with the home or the builder initially occupied thehomeas his residence, or any person or entity licensed by the residential subcommittee.

(2)(a) "Building standards" for manufactured housing means the National ManufacturedHomeConstructionandSafetyStandardsActof1974, 42 U.S.C.

5401 et seq., as amended, and federal regulations promulgated Page 28 of 51 Coding:

SLS 26RS-445 REENGROSSED SB NO.

398 pursuantthereto,alongwithanyconstructionorinstallation-relatedstandardsENROLLED adoptedbytheLouisianaand ManufacturedHousingModular Commissionorit'ssuccessorHome theWarranty residentialAct". subcommittee, together with any additional performance standards, if any, which the builder may undertake to be in compliance.

§2177.3.

Definitions For purposes of this Part, the following words, phrases, and terms are defined and construed as follows:

(1) "Builder" means the factory-built housing dealer or developer who soldthehome,themanufacturerwhoconstructedthehomeoranysectionofthe home if it is a multi-section home, the installer who installed the home, any personorentitythatdesigned,manufactured,orconstructedthehome,whether or not the consumer purchased the underlying real estate with the home or the builder initially occupied the home as his residence, or any person or entity licensed by the residential subcommittee.

(2)(a) "Building standards" for manufactured housing means the NationalManufacturedHomeConstructionandSafetyStandards Actof1974, 42 U.S.C.

5401 et seq., as amended, and federal regulations promulgated pursuanttothoseprovisions,alongwithanyconstructionorinstallation-related standardsadopted bytheLouisiana ManufacturedHousing Commissionorits successor the residential subcommittee, together with any additional performance standards, if any, which the builder may undertake to be in compliance.

(5) "Major"Majorstructural structural defect" means any actual physical damagedamageto toany of the following designated, load-bearing portions of a home caused by failure of the load-bearing portions which affects their load-bearing functions to the extent the home becomes unsafe, unsanitary, or is otherwise unlivable:

(a)Page Foundation28 systemsof and48 footings.Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

398 ENROLLED (a) Foundation systems and footings.

(6) "Owner" means the initial purchaser of a home and any of his successors in title, heirs, invitees, or assigns to a home during the time the warranties provided underpursuant to this Part are in effect.

Page§2177.4. 29 of 51 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-445 REENGROSSED SB NO.

398 §2177.4.

Subject to the exclusions provided in Subsection B of this Section, every builder warrants all of the following to the owner:

(1)One yearfollowingthewarrantycommencementdate,thehomewillyearfollowing thewarrantycommencementdate,thehomewill be free from any defect due to noncompliance with the building standards or due to other defects in materials or workmanship not regulated by building standards.

B.Page 29 of 48 Coding:

UnlessWords thewhich partiesare otherwisestruck agreethrough inare writing,deletions thefrom builder'sexisting warrantylaw; shall exclude the following items:

words in boldface type and underscored are additions.

SB NO.

398 ENROLLED B.

Unless the parties otherwise agree in writing, the builder's warranty shall exclude all of the following items:

Page(a) 30Negligence, improper maintenance, neglect, or improper operation by anyone other than the builder or any employee, agent, or subcontractor of 51the Coding:builder.

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-445 REENGROSSED SB NO.

398 (a) Negligence, improper maintenance, neglect, or improper operation by anyone other than the builder or any employee, agent, or subcontractor of the builder.

This includes the owner orany occupant of thehomeprohibitingthebuilder orany employee,agent,or subcontractorofthebuilderfrommakingtimelyrepairsasrequiredunderlaw and warranty.

(e)Anychange,alteration,oradditionmadetothehomebyanyoneafter thePage initial30 occupancy by the owner, except any change, alteration, or addition performed by the builder or any employee, agent, or subcontractor of the48 builder.Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

398 ENROLLED the initial occupancy by the owner, except any change, alteration, or addition performed by the builder or any employee, agent, or subcontractor of the builder.

(9) Loss or damage resulting from war, accident, riot and civil Pagecommotion, 31water escape, falling objects, aircraft, vehicles, acts of 51God, Coding:lightning, windstorm, hail, flood, mudslide, earthquake, volcanic eruption, wind-driven water, and changes in the level of the underground water table which are not reasonably foreseeable.

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-445 REENGROSSED SB NO.

398 commotion, water escape, falling objects, aircraft, vehicles, acts of God, lightning, windstorm, hail, flood, mudslide, earthquake, volcanic eruption, wind-driven water, and changes in the level of the underground water table which are not reasonably foreseeable.

(16)(16)Any Any defectnot reportedin writing by registeredorcertified mail to theresidentialsubcommitteeorinsurancecompany,asappropriate,priortothePage expirationoftheperiodspecifiedinSubsectionAofthisSectionforsuchdefect31 plusof thirty48 days.Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

398 ENROLLED theresidentialsubcommitteeorinsurancecompany,asappropriate,priortothe expirationoftheperiodspecifiedinSubsectionAofthisSectionforsuchdefect plus thirty days.

Required notice PageA. 32 of 51 Coding:

WordsBefore whichundertaking areany struckrepair throughhimself areor deletionsinstituting fromany existingaction law;for breach of warranty, the owner shall give the residential subcommittee written notice on each individual home that is defective by filling out the consumer complaint formprovided by the residential subcommitteeand submitting it by registered or certified mail within one year after knowledge of the defect, advising theresidentialsubcommitteeofalldefectsintheindividual home.The residential subcommittee shall then have the individual home inspected and a determination made on all defects listed by the owner.

words in boldface type and underscored are additions.

SLS 26RS-445 REENGROSSED SB NO.

398 A.

Before undertaking any repair himself or instituting any action for breach of warranty, the owner shall give the residential subcommittee written notice on each individual home that is defective by filling out the consumer complaint formprovided by the residential subcommitteeand submitting it by registered or certified mail within one year after knowledge of the defect, advisingtheresidentialsubcommitteeofalldefectsintheindividual home.The residential subcommittee shall then have the individual home inspected and a determination made on all defects listed by the owner.

B.Thefactory-builthousingresidentialcontractorordeveloperlicenseeB. shall give the owner written notice of the requirements of this Part at the time of the closing between the factory-built housing dealer or developer and the owner,orif thereis no such closing, atthetimeoftheexecutionofthepurchase agreementbetweenthefactory-builthousingdealerordeveloperandtheowner.

TheresidentialsubcommitteeshalladoptandpromulgaterulesandregulationsThe infactory-built accordancehousing withdealer theor Administrativedeveloper Procedurelicensee Actshall togive implementthe owner written notice of the provisionsrequirements of this Subsection.Part at the time of the closing betweenthefactory-builthousingdealerordeveloperandtheowner,orifthere Page 32 of 48 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

398 ENROLLED is no such closing, at the time of the execution of the purchase agreement between the factory-built housing dealer or developer and the owner.

The residential subcommittee shall adopt and promulgate rules and regulations in accordancewiththeAdministrativeProcedureActtoimplementtheprovisions of this Subsection.

Insurance AllAllorpartofthebuilder'sobligationpursuanttoanywarrantyrequired orin partthis ofPart may be insured by the builder'sbuilder obligationfor underthe anybenefit warrantyof requiredthe inpurchaser thisPartmaybeinsuredbythebuilderforthebenefitofthepurchaserthroughthrough an insurance company authorized to transact business in this state.

Page§2177.8. 33 of 51 Coding:

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SLS 26RS-445 REENGROSSED SB NO.

398 §2177.8.

Exclusiveness ThisPage Part33 providesof the48 exclusiveCoding: remedies, warranties, and peremptive periodsasbetweenthebuildersandownerrelativetotheconstructionofhomes asdefinedinthisPart,andnootherprovisionsoflawrelativetowarrantiesand redhibitory vices and defects shall apply.

Words which are struck through are deletions from existing law;

words in boldface type and underscored are additions.

SB NO.

398 ENROLLED This Part provides the exclusive remedies, warranties, and peremptive periodsasbetweenthebuildersandownerrelativetotheconstructionofhomes asdefinedinthisPart,andnootherprovisionsoflawrelativetowarrantiesand redhibitory vices and defects shall apply.

(1) "Frame tie" or "tie down" means any device approved and used for Pagethepurpose 34 of 51securing Coding:manufactured or modular homestoground anchors in order to resist wind forces.

Words(2) which"Ground areanchor" struckmeans throughany aredevice deletionsapproved fromand existingused law;for the purpose of securingmanufacturedormodular homestotheground in orderto resist wind forces.

words(3) in"Ground boldfacelevel" typemeans andan underscoredanchor arethat additions.has been fully installed so the head is at the surface of the soil.

SLS 26RS-445 REENGROSSED SB NO.

398 thepurpose of securing manufactured ormodular homestoground anchors in order to resist wind forces.

(2) "Ground anchor" means any device approved and used for the purpose of securing manufacturedormodular homestotheground in orderto resist wind forces.

(3)"Groundlevel"meansan anchorhas beenfullyinstalledsothehead is at the surface of the soil.

TiesPage may34 beof installed48 onlyCoding: under roof material.

(8) "Setup" or "installation" means the operations performed at the occupancy site which render manufactured and modular homes fit for habitation.Suchoperationsincludebutarenotlimitedtopositioning,blocking, leveling, supporting, tying down,making minor adjustmentsand trimout, and assembling multiple or expandable units in the final construction process.

(9)"Stabilizerdevice"meansanapproveddeviceormethodthatisused to resist lateral movement of manufactured homes and anchors.

(10)"Transporter"meansanindividualwhotransportsamanufactured or modular home to the site of installation but does not perform any blocking or anchoring of the home, except a transporter is allowed to put blocks under Page 35 of 51 Coding:

SLS 26RS-445 REENGROSSED SB NO.

398 theENROLLED hitchTies onmay thebe tongueinstalled ofonly theunder frame.roof material.

(8) "Setup" or "installation" means the operations performed at the occupancy site which render manufactured and modular homes fit for habitation.Suchoperationsincludebutarenotlimitedtopositioning,blocking, leveling, supporting, tying down, making minor adjustmentsand trimout, and assembling multiple or expandable units in the final construction process.

(9)"Stabilizerdevice"meansanapproveddeviceormethodthatisused to resist lateral movement of manufactured homes and anchors.

(10)"Transporter"meansanindividualwhotransportsamanufactured or modular home to the site of installation but does not perform any blocking oranchoringofthehome,however,atransporterisallowedtoputblocksunder the hitch on the tongue of the frame.

(1)Installationstandardsforthesetupofnewmanufacturedhomesshall beincompliancewiththemanufacturer'sinstallationcomply instructions.Installation for the setup of new or used modular homes shall be in compliance with the Internationalmanufacturer's Residentialinstallation Codeinstructions. enforced by the local authority having jurisdiction.

(2)InstallationstandardsforthesetupofusedmanufacturedhomesshallInstallation beincompliancewiththemanufacturer'sinstallationfor instructions,ifavailable.the setup of new or used modular homes shall comply with the International Residential Code enforced by the local authority having jurisdiction.

(2)Installationstandardsforthesetupofusedmanufacturedhomesshall comply with the manufacturer's installation instructions, if available.

Installation of such anchors and components shall bebein in accordance with the manufacturer's instructions.

(4) As to site preparation, the under-home grade, or ground, shall be cleanedofallvegetationandorganicmaterial,suchasstumps,roots,etc.,exceptcleanedof all vegetationandorganicmaterial,suchasstumps,roots,orsimilar material, except grass not exceeding three inches in height.

The area beneath andPage around35 theof home48 shallCoding: be crowned, sloped or properly drained so that water will not flow oraccumulateunderthehome.Allgrassandorganicmaterialshallberemoved and the pier foundation placed on stable soil or compacted fill.

When the soil compaction or soil-bearing capacity is not known, the local building authority in the locale may be consulted orareading by the use of a pocket penetrometer may be obtained.

The bottom of the footer or footers shall be placed on stable soil.

The pier foundation shall be a minimum of three and one-half inches by sixteen inches by sixteen inches solid concrete pad or equivalent, precast or pouredinplace,orapprovedmaterialbytheregulatoryagency.Theregulatory Page 36 of 51 Coding:

SLS 26RS-445 REENGROSSED SB NO.

398 agency,ENROLLED orand itsaround dulythe authorizedhome representatives, shall causebe productscrowned, tosloped beor analyzedortestedtorequirethatthepierfoundationproductshaveadeflectionproperly ofdrained notso morethat thanwater three-eighthswill inchnot flow or accumulate under designthe load.home.

SuchAll testinggrass and organic material shall be removed and the pier foundation placed on stable soil or compactedfill.Whenthesoilcompactionorsoil-bearingcapacityisnotknown, the local building authority in the locale may be conductedbyanindependentthirdpartyqualifiedandapprovedbytheagency.consulted or a reading by the use of a pocket penetrometer may be obtained.

PrevioustestingdatasubmittedinotherjurisdictionsmaybeconsideredbytheThe agency.Wherethemanufacturer'sspecificationshaveadditionalrequirementsbottom otherof than the above,footer theor morefooters stringent shall apply.be placed on stable soil.

The landownerpier foundation shall be responsiblea forminimum properof sitethree preparationand one-half inches by sixteen inches by sixteen inches solid concrete pad or equivalent, precast or poured in accordanceplace, withor thisapproved Paragraph.material by the regulatory agency.

The regulatory agency, or its duly authorized representatives,shallcauseproductstobeanalyzedortestedtorequirethatthe pier foundation products have a deflection of not more than three-eighths inch under design load.

Such testing may be conducted by an independent third partyqualifiedandapprovedbytheagency.Previoustestingdatasubmittedin otherjurisdictionsmaybeconsideredbytheagency.Wherethemanufacturer's specifications have additional requirements other than the above, the more stringentshall apply.

The landowneris responsible forpropersitepreparation in accordance with this Paragraph.

For used manufactured homes when the manufacturer's setup manual is not available,Page all36 anchor points atside walls, shear walls, end walls, centerline,and otherpointsasidentifiedbythemanufacturer,shallbecertifiedforanultimate loadoffourthousandsevenhundredtwenty-fivepounds.Anchorsarerequired one at each end of shear48 walls;Coding:

one on each end of each I-beam;

one frame tie ateachverticaltiepoint;

oneineachendofeachmarriagewall,centerline;and on each ridge beam support post.

(6) Frame tie ground anchors shall have approved stabilizing devices installed on the inside, in the direction of pull, with the top of the stabilizing platedrivenflushwiththesoilunlessotherwisespecifiedbythemanufacturer's Page 37 of 51 Coding:

SLS 26RS-445 REENGROSSED SB NO.

398 guidelines.ENROLLED available, all anchor points at side walls, shear walls, end walls, centerline,and otherpointsasidentifiedbythemanufacturer,shallbecertifiedforanultimate loadoffourthousandsevenhundredtwenty-fivepounds.Anchorsarerequired one at each end of shear walls;

one on each end of each I-beam;

one frame tie ateachverticaltiepoint;oneineachendofeachmarriagewall,centerline;and on each ridge beam support post.

(6) Frame tie ground anchors shall have approved stabilizing devices installed on the inside, in the direction of pull, with the top of the stabilizing platedrivenflushwiththesoilunlessotherwisespecifiedbythemanufacturer's guidelines.

(8)(a) In flood-prone areas, the foundation shall comply with the requirementssetforthinthemanual,ManufacturedHomeInstallationInFlood Hazard Areas, published by the Federal Emergency Management Agency (FEMA).NothinginthisParagraphshallbeconstruedtoprohibitstateorlocal jurisdictionsfromadoptingmorestringentelevationorfreeboardrequirementsPage than37 those contained in the FEMA manual, consistent with Subparagraph (b) of this48 Paragraph.Coding:

(b) For all manufactured and modular home installations in this state, the state and political subdivisions may adopt laws, rules, ordinances, building codes, or other measures to regulate installations that include additional freeboard requirements beyond the minimum standards adopted by the National Flood Insurance Program, 42 U.S.C.

4011 et seq., in order to Page 38 of 51 Coding:

SLS 26RS-445 REENGROSSED SB NO.

398 incentivizeENROLLED goingjurisdictionsfromadoptingmorestringentelevationorfreeboardrequirements abovethan those contained in the minimumFEMA floodplainmanual, managementconsistent standards.with Subparagraph (b) of this Paragraph.

Freeboard(b) requirementsFor shallall bemanufactured uniformlyand appliedmodular basedhome oninstallations in this state, the Basestate Floodand Elevationpolitical establishedsubdivisions inmay theadopt currentlylaws, adoptedrules,ordinances, Floodbuilding Insurancecodes, Rateor Mapother formeasures thejurisdictionto andshallnotvarybasedonregulate alternativeorsupersededinstallations mappingthat sources.include additional freeboard requirements beyond the minimum standards adopted by the National Flood Insurance Program, 42 U.S.C.

4011 et seq., in order to incentivize going above the minimum floodplain management standards.

Freeboard requirements shall be uniformly applied based on the Base Flood Elevation established in the currently adopted Flood Insurance Rate Map for thejurisdiction and shall not varybased onalternativeorsupersededmapping sources.

(9) The marriage line on all multisectional homes shall be sealed with industry-approved materialsattheceilingline,thefloorline,materialsattheceiling andline, thefloorline,and theend walls to restrict any air infiltration into the home.

The pier foundation shall be a minimum of three and one-half inches by sixteen inches by sixteen inches solid concreteconcretepadprecastorpouredinplace,orotherpadmeetingthetwothousand padfive precasthundred orpounds pouredper insquare place,inch or other pad meeting the 2,500 PSI rating, or other approved material.

(b)Page Piers38 may be constructed of regular48 eightCoding: inches by eight inches by sixteen inches concrete blocks, open cells, solid (minimum eight inches by ten inches top), centered on the footing or foundation.

A one inch or two inch by eight inch by sixteen inch treated or hardwood plate, or other approved material shall completely cover the top of the pier with shims, one-fourth inch minimumandoneandone-halfinchmaximum,centeredanddriventightfrom both sides of the I-beam between the wood plate or cap and the main frame.

Page 39 of 51 Coding:

SLS 26RS-445 REENGROSSED SB NO.

398 Single-tieredENROLLED block(b) piersPiers shallmay be installedconstructed perpendicularof toregular eight inches by eight inches by sixteen inches concrete blocks, open cells, solid (minimum eight inches by ten inches top), centered on the mainfooting I-beam.or foundation.

However,whenA aone pierinch hasor beentwo cappedinch withby atleastafourincheight (threeandinch one-by halfsixteen inch)inch solidtreated concreteor blockhardwood plate, or other approved material,material one-shall fourthcompletely inchcover the top of woodthe stockpier orwith woodshims, shimsone-fourth shallinch beminimumandoneandone-halfinchmaximum,centeredanddriventightfrom installedboth sides of the I-beam between the pierwood plate or cap and steelthe I-beam.main frame.

Single-tiered block piers shall be installed perpendicular to the main I-beam.

However,when a pierhas beencapped with atleastafourinch (threeand one- half inch) solid concrete block or other approved material, one-fourth inch of wood stock or wood shims shall be installed between the pier and steel I-beam.

PiersshallalsobeinstalledoneachsideofPiersshall anyalso perimeterdoororfireplace.Baybe installed on eachsideofanyperimeterdoororfireplace.Bay windows or any opening forty-eight inches or more shall require blocking at each end.

Fourteen feet or wider units with an I-beam spread of less than eighty-two inches and twelvefeetwidetwelve feetwide units with an I-beamspread of lessthanless than seventy-five and one-half inches shall have perimeter blocking installed at a minimum of eight footfeet on center.

(e)Page All39 piersof over48 fifty-twoCoding: inches shall be designed by an architect or engineer.

(f) Metal or precast support piers shall be installed on a base or footer of a minimum size of four inch by eight inch by sixteen inch solid concrete or other approved material.

(g) Metal or precast support piers shall be restrictedto a maximum two Page 40 of 51 Coding:

SLS 26RS-445 REENGROSSED SB NO.

398 inchENROLLED locking(e) mechanicalAll heightpiers adjustmentover andfifty-two inches shall be restricteddesigned toby aan maximumarchitect height of not more than twenty-four inches measured from the groundbaseorfooter.Thistwenty-fourinchmaximumshallnotincludethetwo inch mechanical extension or adjustment.engineer.

(f) Metal or precast support piers shall be installed on a base or footer of a minimum size of four inches by eight inches by sixteen inches of solid concrete or other approved material.

(g) Metal or precast support piers shall be restricted to a maximum of two inch locking mechanical height adjustment and shall be restricted to a maximum height of not more than twenty-four inches measured from the groundbaseorfooter.Thistwenty-fourinchmaximumshallnotincludethetwo inch mechanical extension or adjustment.

(a) Concrete, precast, sand and gravel pads or foundations shall be a minimum of two thousand five hundred pounds per square inchinch. (PSI).

(b)Page Frame40 ties shall make at least one complete wraparound the chassis orframeandshallbeloopedfromthetopoftheI-beamtotheanchor.However, some frametie straps may have to extend from the bottom of the48 I-beamorCoding: the I-beam on the opposite side to assure the proper angle due to the height of the home.

Page 41 of 51 Coding:

SLS 26RS-445 REENGROSSED SB NO.

398 (c)ENROLLED Each(b) Frame ties shall make at least one completewraparound the chassis orframeandshallbeloopedfromthetopoftheI-beamtotheanchor.However, some frame tie shallstraps bemay installedhave to extend fromthe bottomof the componentI-beam manufacturer'sor instructions.the I-beam on the opposite side to assure the proper angle due to the height of the home.

(c) Each frame tie shall be installed to the component manufacturer's instructions.

(4)Multiple sectionhomesshall bemechanically fastenedeverytwenty-fastened everytwenty- four inches at the bottom, end walls, and roof.

The minimumnumberoftiesataminimumangleofforty-fivedegreesfromvertical isPage three41 eachof for48 ZoneCoding: II and four each for Zone III.

(3)Alldesignatedtiepointsontheperimetersidewallsshallbeequipped with vertical and diagonal ties with stabilizer devices.

When tie points are not designatedonthesidewalls,diagonaltieswithstabilizerdevicesshallbespaced Page 42 of 51 Coding:

SLS 26RS-445 REENGROSSED SB NO.

398 aENROLLED maximumis ofthree teneach feet for Zone I,II eight feet for Zone II, and sixfour feeteach six inches for Zone III.

(3)Alldesignatedtiepointsontheperimetersidewallsshallbeequipped with vertical and diagonal ties with stabilizer devices.

When tie points are not designatedonthesidewalls,diagonaltieswithstabilizerdevicesshallbespaced a maximum of ten feet for Zone I, eight feet for Zone II, and six feet six inches for Zone III.

(5)Shear(5) A shear wall interiorpartitioninterior partition wall which attachestoattaches thesideto the side wall and is thirty-six inches or longer shall have vertical ties and support piers installed at each end.

(7)(7)Multiple Multiple sectionhomesshall bemechanically fastenedeverytwenty- four inches at the bottom, end walls, and roof.

bond A.(1)Theresidentialsubcommitteeshall,byruleadoptedinaccordance with the Administrative Procedure Act, provide for the licensure of installers andtransportersofmanufacturedandmodularhomesandtheimplementation andcollectionofanannuallicensefeeandaninstallationpermitstickerfee.The installer'sandtransporter'slicensefeeshallbeonehundredtwenty-fivedollarsPage per42 license,of and48 theCoding: installation permit sticker fee shall be twenty dollars.

Further, a licensed installer shall be allowed to perform the functions of a Page 43 of 51 Coding:

SLS 26RS-445 REENGROSSED SB NO.

398 transporterENROLLED withoutinstaller's havingand totransporter's obtainlicense thatfee license.is one hundred twenty-five dollars per license, and the installation permit sticker fee is twenty dollars.