The U.S. Department of Housing and Urban Development

Transcription

1 The U.S. Department of Housing and Urban Development HUD-Administered Manufactured Home State Installation Program Information for Manufactured Home Retailers Presented by SEBA Professional Services, LLC October 20,

2 The Manufactured Housing Improvement Act of 2000, Model Manufactured Home Installation Standards were implemented in The program for HUD-Administered states is being rolled out now as part of this implementation. The purpose of the program is to implement regulations 24 CFR Part 3285 and 24 CFR Part Purpose 2

3 Retailers Retailers play a critical role in the successful implementation of the installation program. They provide an important link to the industry that is essential for gathering and tracking information. All retailers who sell manufactured homes for installation in a HUD- Administered state must follow certain requirements in providing information to consumers, and HUD through SEBA. States & territories include: Alaska, Connecticut, Hawaii, Illinois, Maryland, Massachusetts, Montana, Nebraska, New Jersey, Rhode Island, South Dakota, Vermont, Wyoming, The Commonwealth of Puerto Rico, Guam, the Virgin Islands, and American Samoa. 3

4 Summary of Retailer Responsibilities 3282 Subpart F (c) Overview of installation program Information provided by manufacturer DAPIA-approved installation instructions Requirement for installer licensing Inspection requirements generally (b) Installer certification of installation Information provided by retailer Date of installation Completion of sale date At or before sale After sale (b) Retailer disclosures before sale or lease. 4

5 3282 Subpart F Retailer and Distributor Responsibilities Scope and purpose Prohibition of sale Removal of prohibition of sale Distributor and retailer alterations Completion of information card Distributor or retailer complaint handling. PART 3282 MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS Can be found here 5

6 Overview of Installation Program All retailers are responsible for complying with regulations set forth in 24 CFR (c) Manufacturer and retailer requirements. (1) Manufacturers and retailers are responsible for compliance of the home with the construction and safety standards in part 3280 of this chapter, in accordance with the Act and applicable regulations. Manufacturers and retailers must also comply with applicable requirements in this part relating to the installation of the manufactured home. PART 3280 MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS Can be found here 6

7 Information Provided by Manufacturer Upon receiving a new manufactured home from the manufacturer, retailers should receive notice from the manufacturer about information that is being reported to HUD. Retailers are responsible for updating tracking information. (a) Shipment of home to retailer or distributor. At the time the manufactured home is shipped to a retailer or distributor, the manufacturer must provide notice to the retailer or distributor that tracking information for the home is being provided to HUD, and the information must be updated by the retailer or distributor in accordance with the requirements in Such notice must include all of the information required in (a). 7

8 DAPIA-Approved Installation Instructions Retailers are responsible for providing instructions to the purchaser and/or installer of the manufactured home. (a) Providing instructions to purchaser or lessee. (1) For each manufactured home sold or leased to a purchaser or lessee, the retailer must provide the purchaser or lessee with a copy of the manufacturer's DAPIA-approved installation instructions for the home. (b) Providing instructions to installer. When the retailer or manufacturer agrees to provide any set up in connection with the sale of the home, the retailer or manufacturer must provide a copy of the approved installation instructions to each individual who performs set up or installation work on the home. 8

9 Requirement for Installer Licensing When a retailer agrees to provide any set up of a manufactured home, they must make sure to use a HUD licensed installer. (a) Installer Licensing. The installer that installs a manufactured home in a state that does not have a qualifying installation program must be certified or licensed in accordance with the requirements. (b) Use of licensed installer. When the retailer or manufacturer agrees to provide any set up in connection with the sale or lease of the home, the retailer or manufacturer must ensure that the installer is licensed in accordance with these regulations. 9

10 Inspection Requirements Retailers may be responsible for arranging for inspections of manufactured homes. The installer or the retailer must arrange for the inspection of the installation work on any manufactured home that is sited in a state without a qualifying installation program. Before the home can be occupied, the installer must certify, and the inspector must verify, the home as having been installed in conformance with the requirements of (a). 10

11 Installer Certification of Installation Upon completion of the installation, a HUD licensed installer must certify that the work was completed per regulation requirements for installation and inspection. The retailer must receive a signed copy of the installer certification. (b) Recipients of certification. The installer must provide a signed copy of its certification to the retailer that contracted with the purchaser or lessee for the sale or lease of the home, and to the purchaser or other person with whom the installer contracted for the installation work. 11

12 3286 Subpart G Retailer Responsibilities 3286 Subpart G outlines sale and record keeping requirements for a manufactured home retailer that sells a new manufactured home that will be installed in any of the HUD-Administered states or territories Purpose At or before sale After sale Recordkeeping 12

13 At or Before Sale Before selling a manufactured home, the retailer is required to provide certain information to the purchaser or lessee. This includes, but is not limited to providing a copy of the consumer disclosure statement required in (b) and advising of specific wind, thermal and roof load zone loads. (a) Before contract. (1) The retailer is required to support each transportable section of a manufactured home that is temporarily or permanently located on a site used by a retailer in accordance with the manufacturer's instructions. (b) Occupancy site not known (c) Verification of installer license 13

14 After Sale After the sale of a manufactured home the retailer is required to provide information to the Department. This includes unit tracking and installation information outlined in , and requirements set forth in 3282 Subpart F related to HUD Construction and Safety Standards (a) Tracking installation information. The retailer is responsible for providing to HUD the information required pursuant to (b) Other tracking and compliance requirements. The retailer continues to be responsible for compliance with the tracking and compliance requirements set out in subpart F of part 3282 of this chapter, which are related to HUD construction and safety standards. 14

15 3286.7(b) Retailer Disclosures Before Sale or Lease Per (b), prior to the execution of the sales contract to purchase or agreement to lease a manufactured home, the retailer must provide the purchaser or lessee with a consumer disclosure. This disclosure will be created by the retailer and must be in a document separate from the sales or lease agreement. A sample of the consumer disclosure is available. 15

16 Consumer Disclosure Statement As applicable, the disclosure includes, but is not limited to, the following information: That the home will be required to comply with federal requirements. The home may be required to comply with additional state and local requirements for its installation. Additional information about the requirements are available from the retailer and is available in part 24 CFR 3286 and from HUD. Compliance with any additional federal, state, and local requirements may involve additional costs to the purchaser or lessee. 16

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18 (a) Information Provided by Retailer Retailers of manufactured homes must provide tracking information on all homes for installation in HUD-Administered states. This information is to be provided using the HUD 305 form and must be submitted within 30 days from the time a purchaser or lessee enters into a contract. The HUD 305 collects the following information; consistent with : The home's serial number and manufacturer's certification label number. The name and address of the retailer or distributor that is selling or leasing the home. The state and address where the home is to be sited, and, if known, the name of the local jurisdiction. The name of the purchaser or lessee. 18

19 This is what the HUD 305 looks like when submitting in paper form 19

20 (b) Information Provided by Retailer Retailers must also submit installation information. This is to be provided using the HUD 306 form and must be submitted within 30 days of the date of installation. The HUD 306 collects the following information; consistent with : The name, address, telephone number, and license number of the licensed installer The date of installer certification of completion of the installation The date a qualified inspector verified the installation as being in compliance with the requirements. The name, address, and telephone number of the qualified inspector who performed the inspection of the installation as required by

21 This is what the HUD 306 looks like when submitting in paper form 21

22 Information Provided by Retailer (d) Correcting information: If the information provided by the retailer on either HUD 305 or HUD 306 changes after it has initially been provided to HUD, the retailer must correct and submit the corrected information within 10 business days after the retailer learns of the change (e) Record retention: The retailer must maintain a copy of the records required for 3 years from the date of installation. 22

23 The date the installer has certified that all required inspections have been completed, all utilities are connected, and the manufactured home is ready for occupancy as established, if applicable, by a certificate of occupancy and Date of Installation Completion of Sale Date The sale of a manufactured home will not be considered complete until all services are complete that were agreed upon at the time the contract was entered into. When a retailer is providing the installation and the installation causes safety hazards or takes the home out of compliance, and those issues are discovered during the installation of the home, the sale or lease of the home is not complete until the home is corrected. 23

24 Submitting Forms Online Retailers can submit the HUD 305 and 306 online through the SEBA Installation Website. First, visit 24

25 Submitting Forms Online You can find the link to submit the HUD 305 and 306 on the retailer page. Scroll to the bottom and select the appropriate link for the form you would like to fill out. Partial screen shot, subject to updates 25

26 This is part of what you will see when submitting the HUD 305 electronically Partial screen shot, subject to updates 26

27 This is part of what you will see when submitting the HUD 306 electronically Partial screen shot, subject to updates 27

28 Working Together Retailers of manufactured homes are a key element to the success of this installation program. HUD and SEBA hope to work closely with you in the future to improve the manufactured housing industry. To facilitate this, we ask that you: Provide timely documentation of all new homes being installed in HUD- Administered states. Alert HUD via SEBA of new sales and upcoming inspections. Help spread the word about the installation program. Contact us anytime with questions, comments or concerns. 28

29 Contact Information All retailers can submit questions or information to the Department via SEBA through any of the following channels: Website: Phone: Fax: Address: Office of Manufactured Housing Installation Programs C/O SEBA Professional Services, LLC 1325 G Street, NW Suite 500 Washington, DC