skip navigationNEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES*    

NH JOINT BOARD

INSTALLATION STANDARDS BOARD

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Adoption Dates:
Inst 100 - Adopted 12/24/05, Readopted with amendments 4/13/12, various adopted 5/14/13
Inst 200 - Adopted 12/24/05, Readopted with amendments 4/13/12
Inst 300- 700 -
Orginally adopted 12/24/05, Readopted with amendments 4/13/12, various adoped 5/14/13

 

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 TABLE OF CONTENTS

 

CHAPTER Inst 100  MANUFACTURED HOUSING INSTALLATION STANDARDS BOARD ORGANIZATIONAL RULES

 

PART Inst 101  PURPOSE

Section Inst 101.01  Purpose

 

PART Inst 102  DEFINITIONS OF TERMS

Section Inst 102.01  Board

Section Inst 102.0Dealer

Section Inst 102.03  Installer

Section Inst 102.04  Manufacturer

Section Inst 102.05  Manufactured Housing

 

PART Inst 103  ORGANIZATION

Section Inst 103.01  Composition of Board

Section Inst 103.02  Presiding Officer

Section Inst 103.03  Staff, Board Committee or Members

Section Inst 103.04  Vacancy

Section Inst 103.05  Office Hours, Location, Mailing Address and Telephone

Section Inst 103.06  Duties of the Board

 

PART Inst 104  MEETINGS, DELIBERATIONS AND DECISIONS

Section Inst 104.01  Meetings

Section Inst 104.02  Quorum

Section Inst 104.03  Decisions

 

PART Inst 105  PUBLIC INFORMATION

Section Inst 105.01  Requests for Information

 

CHAPTER Inst 200  PRACTICE AND PROCEDURE

 

PART Inst 201  PURPOSE AND SCOPE

Section Inst 201.01  Purpose
Section Inst 201.02  Scope

 

PART Inst 202  DEFINITIONS

Section Inst 202.01  Definitions

 

PART Inst 203  PRESIDING OFFICER

Section Inst  203.01  Presiding Authority

Section Inst  203.02  Withdrawal of a Presiding Office or Board Member

 

PART Inst 204  FAILURE TO COMPLY; WAIVER OF RULES

Section Inst  204.01  Failure to Comply with Procedural Rules or Orders

Section Inst  204.02  Waiver or Suspension of Procedural Rules or Orders

 

PART Inst 205  APPEARANCES BEFORE THE BOARD

Section Inst  205.01  Representatives

 

PART Inst 206  TIME PERIODS

Section Inst 206.01  Computation of Time

Section Inst 206.02  Change in Allowed Times

Section Inst 206.03  Limitations

 

PART Inst 207  FILING, FORMAT AND SERVICE OF DOCUMENTS

Section Inst 207.01  Filing Documents with the Board

Section Inst 207.02  Format of Documents

Section Inst 207.03  Delivery of Documents

 

PART Inst 208  COMPLAINTS AND REPLYS

Section Inst 208.01  Complaints

Section Inst 208.02  Replies to Complaints

Section Inst 208.03  Disciplinary Complaints of Licensee Misconduct

Section Inst 208.04  Motions and Objections Thereto

Section Inst 208.05  Motion for Continuance

 

PART Inst 209  ADJUDICATIVE PROCEEDINGS

Section Inst 209.01  Applicability

Section Inst 209.02  Commencement of Hearing

Section Inst 209.03  Docketing, Service of Notice, Public Notice

Section Inst 209.04  Intervention

Section Inst 209.05  Right to Counsel

Section Inst 209.06  Pre-hearing and Other Informal Conferences

Section Inst 209.07  Discovery and Disclosure

Section Inst 209.08  Evidence

Section Inst 209.09  Record of Hearings

Section Inst 209.10  Burden of Proof

Section Inst 209.11  Standard of Proof

Section Inst 209.12  Method of Proceeding

Section Inst 209.13  Inquiring by Presiding Officer or Board Members

Section Inst 209.14  Proposed Findings of Fact and Conclusions of Law

Section Inst 209.15  Ex Parte Communications

Section Inst 209.16  Role of Complainants in Enforcement of Disciplinary Hearings

Section Inst 209.17  Disciplinary Hearings

Section Inst 209.18  Immediate Suspension of Licenses

Section Inst 209.19  Expedited Hearing

Section Inst 209.20  Failure to Attend Hearing

Section Inst 209.21  Decisions

Section Inst 209.22  Exceptions to Interlocutory Rulings by the Presiding Officer

 

PART Inst 210  RECONSIDERATION AND STAY

Section Inst 210.01  Motion for Reconsideration or Rehearing

Section Inst 210.02  Stay of Board Orders

 

PART Inst 211  CONSOLIDATION AND SEVERANCE

Section Inst 211.01  Consolidation

Section Inst 211.02  Severance

 

PART Inst 212  NON-ADJUDICATIVE INVESTIGATIONS

Section Inst 212.01  Formal Investigation

Section Inst 212.02  Investigators

Section Inst 212.03  Misconduct Investigations

 

PART Inst 213  RULEMAKING

Section Inst 213.01  Rulemaking Petition

Section Inst 213.02  Deficiencies in Petitions

 

PART Inst 214  RULEMAKING HEARINGS

Section Inst 214.01  Scope

Section Inst 214.02  Notice

Section Inst 214.03  Presiding Officer

Section Inst 214.04  Order of the Hearing

Section Inst 214.05  Postponement and Continuation

Section Inst 214.06  Written Comments

Section Inst 214.07  Copies of Recordings

 

PART Inst 215  DECLARATORY RULING

Section Inst 215.01  Submitting Request for Declaratory Ruling

Section Inst 215.02  Disposition of Petition

 

PART Inst 216  EXPLANATION OF RULE

Section Inst 216.01  Request for Rule Explanation

 

CHAPTER Inst 300  LICENSING AND TRAINING REQUIREMENTS

 

PART Inst 301  INSTALLATION LICENSE

Section Inst 301.01  License Required

Section Inst 301.02  Qualification for Licensure

Section Inst 301.03  Application Process

Section Inst 301.04  Application Form, Inst 3

Section Inst 301.05  Background Check

Section Inst 301.06  Denial of License Application

Section Inst 301.07  License Fee

Section Inst 301.08  Reporting Requirements

Section Inst 301.09  Voluntary License Cancellation

Section Inst 301.10  Expirations and Renewal of License

Section Inst 301.11  Renewal Application

Section Inst 301.12  Denial of Renewal

 

PART Inst 302  FINANCIAL RESPONSIBILITY

Section Inst 302.01  Proof of Financial Responsibility

 

PART Inst 303  DISCIPLINARY ACTION ON LICENSE

Section Inst 303.01  Disciplinary Action: Reprimand, License Suspension/Revocation

Section Inst 303.02  Administrative Fine for Misconduct Offense

 

PART Inst 304  TRAINING AND CONTINUING EDUCATION

Section Inst 304.01  Administration of Training and Continuing Education Program

Section Inst 304.02  Application for Approval

Section Inst 304.03  Inspection of Certificates

 

CHAPTER Inst 400  WARRANTY

 

PART Inst 401  WARRANTY SEAL

Section Inst 401.01  Warranty Seal Required

Section Inst 401.02  Fee

Section Inst 401.03  Placement of Warranty Seal

 

CHAPTER Inst 500  INSPECTIONS OF MANUFACTURED HOUSING INSTALLATIONS

 

PART Inst 501  Definitions

Section Inst 501.01  Inspector

 

PART Inst 502  INSPECTIONS

Section Inst 501.01  Inspections of Installations

Section Inst 501.02  Inspectors

Section Inst 501.03  Timing of Inspection

Section Inst 501.04  Deficiencies

Section Inst 501.05  Fees

 

CHAPTER Inst 600  MANUFACTURED HOUSING INSTALLATION STANDARDS

 

PART Inst 601  PURPOSE AND SCOPE

Section Inst 601.01  Purpose

Section Inst 601.02  Applicability

Section Inst 601.03  Scope

 

PART Inst 602  DEFINITIONS

Section Inst 602.01  Anchoring Equipment

Section Inst 602.02  Anchoring System

Section Inst 602.03  Data Plate

Section Inst 602.04  Dealer or Retailer

Section Inst 602.05  Diagonal Tie

Section Inst 602.06  Federal Manufactured Housing Construction and Safety Standard

Section Inst 602.07  Footing

Section Inst 602.08  Ground Anchor

Section Inst 602.09  Installation

Section Inst 602.10  Installation Standards

Section Inst 602.11  Installer

Section Inst 602.12  Local Enforcement Agency

Section Inst 602.13 Manufacturer

Section Inst 602.14  Monolithic Slab

Section Inst 602.15  Pad

Section Inst 602.16 Pier

Section Inst 602.17  Set-Up

Section Inst 602.18  Site

Section Inst 602.19  Skirting

Section Inst 602.20  Stabilizing Devices

Section Inst 602.21  Support System

Section Inst 602.22  Uncontrolled Fill

 

PART Inst 603  INSTALLATION STANDARDS

Section Inst 603.01  Filing of Installation Manuals

Section Inst 603.02  Site Preparation Systems

Section Inst 603.03  Design Requirement Including Load-Bearing Capacity

Section Inst 603.04  Gaps

Section Inst 603.05  Clearance Under House

Section Inst 603.06  Design Procedures for Concrete Block Piers

Section Inst 603.07  Location and Spacing of Piers

Section Inst 603.08  Perimeter Blocking

Section Inst 603.09  Types of Footings

Section Inst 603.10  Permanent Foundations

Section Inst 603.11  Special Considerations

Section Inst 603.12  Anchoring Instructions, Security Against Wind

Section Inst 603.13  Installation Close-up and Finishing

Section Inst 603.14  Utility Connection and Testing

 

CHAPTER Inst 700  ALTERNATIVE DISPUTE RESOLUTION PROGRAM

 

PART Inst 701  PURPOSE

Section Inst 701.01  Purpose

 

PART Inst 702  ALTERNATIVE DISPUTE RESOLUTION

Section Inst 702.01  Availability

Section Inst 702.02  Neutrals

Section Inst 702.03  Admissibility

Section Inst 702.04  Neutral Evaluation Procedure

Section Inst 702.05  Mediation Procedure

Section Inst 702.06  Non-binding Arbitration Procedure

 

CHAPTER Inst 100  MANUFACTURED HOUSING INSTALLATION STANDARDS BOARD ORGANIZATIONAL RULES

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PART Inst 101  PURPOSE

          Inst 101.01  Purpose.  The purpose of these rules is to establish the procedures under which the board shall operate in implementing its statutory responsibilities created by RSA 205-D

PART Inst 102  DEFINITIONS OF TERMS

          Inst 102.01  Board” means “board” as defined in RSA 205-D:1, II.

          Inst 102.02  Dealer” means “dealer ” as defined in RSA 205-D:1,IV.

          Inst 102.03  Installer” means “installer” as defined in 205-D:1,IX.

          Inst 102.04 “Manufacturer” means “manufacturer” as defined in RSA 205-D:1, XII.

          Inst 102.05  Manufactured housing” means “manufactured housing” as defined in RSA 205-D:1, XI.

PART Inst 103  ORGANIZATION

           (a)  Pursuant to RSA 205-D:2, I the board consists of 9 members who meet the eligibility requirements of RSA 205-D:2, I (a)-(h).

           (b) Biennially, the board elects or appoint a chairperson, vice-chairperson, and secretary at the first meeting of the board in a calendar year.

          Inst 103.02  Presiding Officer.       

             (a) The board chairperson presides at board meetings. In the absence of the chairperson, the board vice-chairperson presides at meetings.

          (b)  In the event of the presiding officer’s absence, a quorum of members present shall determine by majority vote which member shall act in the chair’s absence.

          Inst 103.03  Staff, Board Committee or Members.

          (a)  The board shall employ staff as necessary.

          (b)  The board shall delegate authority to a board committee or individual board members to perform operations that fulfill the board’s statutory responsibilities.

          (c)  The board shall delegate investigatory and other functions within its jurisdiction to committees consisting of one or more board members when such delegations are necessary to perform the board’s work more efficiently.

          (d)  Committees shall have authority to investigate and make recommendations to the board but they cannot make final determinations on behalf of the board.

          (e)  Committees shall not have authority to retain paid advisors or use the voluntary services of non-board members, unless authorized by the commissioner.     

            Inst 103.04  Vacancy.  In the event of a vacancy a member will be appointed as provided in RSA 205-D:2, I to fill the unexpired term.  If the member is held over beyond the expiration date of the commission, a vacancy shall be deemed to have been created and the member whose term has expired shall continue to serve until replaced.

            Inst 103.05   Office Hours, Office Location, Mailing Address and Telephone.

            (a)     The board’s office shall be located at the New Hampshire Joint Board, 121 South Fruit Street, Concord, N.H. and shall be open to the public weekdays, excluding holidays, from 8:00 a.m. to 4:00 p.m.

            (b)     Correspondence shall be addressed to the board’s executive director at:

New Hampshire Joint Board

121 South Fruit Street
Concord, N.H. 03301

            (c)     The board’s telephone number shall be (603)-271-2219.

          Inst 103.06  Duties of the Board.

          (a)  The statutory responsibilities of the board created by RSA 205-D:2, V and 205-D:3 shall include but are not limited to:

              (1)  Adopting rules and regulations to administer RSA 205-D in accordance with RSA 541-A;

              (2)  Establishing licensing qualifications and standards for manufactured housing installers;

              (3)  Implementing and otherwise carrying out the issuance of licenses to persons who engage in installation of manufactured housing;

              (4)  Setting reasonable standards for installation including but not limited to, supports, anchoring and underpinning of manufactured houses installed in this state;

              (5)  Establishing fees, costs and assessments including, but not limited to, licensure, license renewal, training, inspections, and warranty seals;

              (6)  Conducting investigations and inspections;

              (7)  Addressing complaints from consumers, park owners, manufacturers, retailers or installers of manufactured housing;

             (8)  Undertaking disciplinary proceedings which shall result in license suspension, revocation, an order to participate in a continuing education program, probation, payment of fine, or dismissal of the complaint;

            (9)  Conducting fair and impartial hearings, issuing written decisions, orders and rulings;

           (10)  Developing forms as necessary;

           (11)  Developing and providing a program to train and educate installers or referring to a board approved program developed and taught by a private agency; and

           (12)  Developing and providing alternative dispute resolution through the board or referring to a board approved private agency offering alternative dispute resolution.

PART Inst 104  MEETINGS, DELIBERATIONS AND DECISIONS

          Inst 104.01  Meetings.  The board shall meet at such times as called for by the chair or by vote of the board.

          Inst 104.02  Quorum.

          (a)  A quorum of the board shall require at least 5 members present.

          (b)  Unless otherwise provided by law, a quorum shall be required for members of the board to gather for the purpose of discussion, receiving information, conducting a hearing or issuing final board decisions by the vote of a majority of the board members present and eligible to participate.

          Inst 104.03  Decisions.

          (a)  The board’s final decisions shall be issued only after the necessary majority has voted on the motion.

          (b)  A board member who was present at a hearing but absent from the meeting at which a tentative decision was reached shall be eligible to vote on the final decision prepared in accordance with the board’s direction, if the member is not otherwise recused from the matter in question.

PART Inst 105  PUBLIC INFORMATION

          Inst 105.01  Requests for Information.

          (a)  All requests for information shall be directed to the address provided in Inst 103.05 or by telephone at (603) 271-2219.

          (b)  Persons who request copies of board records shall reasonably describe the information sought.

          (c)  Public records not otherwise declared confidential by law shall be available for inspection at the office of the board by appointment.

          (d)  If records are requested which contain both confidential and public information the board will redact the confidential information and provide the remaining information.

          (e)  In accordance with RSA 91-A:4, persons who request copies of board records shall pay a copy fee of $1.00 per page.

          (f)  Notwithstanding (e) above, a person who requests a copy of a transcribed record shall pay a fee of $3.75 per page.

          (g)  Staff for the board shall respond to requests to examine records of the board.

CHAPTER Inst 200  PRACTICE AND PROCEDURE

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PART Inst 201  PURPOSE AND SCOPE

          Inst 201.01  Purpose.  The purposes of these rules is to specify the process used by the board for acquiring sufficient information to make fair and reasoned decisions on matters within its statutory jurisdiction. These rules shall be construed to secure the just, efficient and accurate resolution of all board proceedings.

          Inst 201.02  Scope.  The rules in this chapter shall apply to any adjudicative proceeding conducted by the board.

PART Inst 202  DEFINITIONS

          Inst 202.01  Definitions.  Except where the context makes another meaning manifest, the following terms shall have the meanings indicated below when used in this chapter:

          (a)  “Adjudicative proceeding” means “adjudicative proceeding” as defined by RSA 541-A:1, I.

          (b)  “Appearance” means a written notification to the agency that a party or a party’s representative intends to actively participate in a hearing.

          (c)  “Complaint” means a written allegation filed by an aggrieved consumer, park owner, manufacturer, retailer or installer of manufactured housing having a dispute relative to installation or a disciplinary proceeding alleging the wrongs allegedly committed by a licensee.

          (d)  “Data” means all information, other than argument, including oral or written descriptions, reports, maps, charts, drawings, photographs, audio or video recordings, computer programs or printouts.

          (e)  “Hearing” means "adjudicative proceeding" namely the procedure to be followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36, and Inst 200.

          (f)  “Intervenor” means a person with party status who participates in a hearing to the extent permitted by the presiding officer.

          (g)  “Intervention” means a procedure by which a third party, not originally a party to the proceeding but claiming an interest, comes into the proceeding to protect the right or interest which formed the basis for intervention.

          (h)  “Investigation” means a formal search by the board for information and data concerning matters within its jurisdiction.

          (i)  “Motion” means any request by a party to the board for an order or ruling directing some act to be done in favor of the party making the motion, including a statement of justification or reasons for the request.

          (j)  “Nonadjudicative processes” means “nonadjudicative processes” as defined by RSA 541-A:1, X.

          (k)  “Order” means “order” as defined by RSA 541-A:1, XI.

          (l)  “Party” means “party” as defined by RSA 541-A:1, XII.

          (m)  “Person” means “person” as defined by RSA 541-A:1, XIII.

          (n)  “Proof by a preponderance of the evidence,” means a demonstration by admissible evidence that, as a whole, tends to make the truth of the fact or legal conclusion more likely than not.

          (o)  “Proposed decision” means a recommended decision made by the presiding officer, which is subject to review by a quorum of the board.

          (p)  “Rulemaking” means the procedures for formulating agency rules as set forth in RSA 541-A:3.

PART Inst 203  PRESIDING OFFICER

          Inst 203.01  Presiding Authority.

          (a)  All hearings shall be conducted before a quorum of the board at the call of the presiding officer.

          (b)  A presiding officer shall as necessary:

               (1)  Direct the course of the proceeding, decide scheduling, discovery and other procedural issues;

               (2)  Determine order of proof in hearings;

               (3)  Facilitate an informal resolution;

               (4)  Administer oaths and affirmations;

               (5)  Direct parties to appear at a hearing;

               (6)  Receive relevant evidence at hearings and exclude irrelevant, immaterial and repetitious evidence;

               (7)  Rule on procedural requests including continuances, adjournments or postponements at the request of a party or on the presiding officer’s motion;

              (8)  Question any person who testifies;

              (9)  Consider and evaluate facts and evidence;make findings of facts and rulings of law;

             (10)  Determine appropriate weight of evidence;

             (11)  Allow amendments of the filed complaint upon motion;

             (12)  Schedule argument or reopen the record prior to issuance of a final order;

             (13)  Cause a complete record of the hearing to be made as specified in RSA 541-A:31; and

             (14)  Take any other actions necessary to conduct the hearing in a fair and timely manner not inconsistent with applicable statutes and rules.

          Inst 203.02  Withdrawal of Presiding Officer or Board  Member.

          (a)  Upon his or her own initiative or upon the motion of any party, a presiding officer or board member shall, for good cause, withdraw from any hearing.

          (b)  Good cause shall exist if a presiding officer or board member:

               (1)  Has a direct interest in the outcome of a proceeding, including but not limited to a financial interest; or

              (2)  Has made statements or engaged in behavior which objectively demonstrates that he or she has prejudiced the facts of a case; or

              (3)  Personally believes he or she cannot fairly judge the facts of the case.

          (c)  Mere knowledge of the issues, the parties or any witness shall not constitute good cause for withdrawal.

PART Inst 204  FAILURE TO COMPLY; WAIVER OF RULES

          Inst 204.01  Failure to Comply with Procedural Rules or Orders.

          (a)  Failure to comply with the rules of this chapter shall be grounds for:

              (1)  Refusing to accept or admit a non-compliant document for filing or refusing to consider a non-compliant oral petition or motion; or

              (2)  Admitting, or denying a non-compliant application, petition, motion, or exhibit on the condition that conformity with specific procedural requirements be achieved by a specified date.

          Inst 204.02  Waiver or Suspension of Procedural Rules or Orders.  The presiding officer upon his own initiative or upon the motion of any party, shall suspend or waive any procedural requirement or limitation imposed by this chapter upon reasonable notice to affected persons when the proposed waiver or suspension is determined to be lawful and would be more likely to promote the fair, accurate and efficient resolution of issues pending before the board than would adherence to a particular rule or procedure.

PART Inst 205  APPEARANCES BEFORE THE BOARD

          Inst 205.01  Representatives.

          (a)  Persons appearing before the board shall be represented by a competent individual of good character who:

             (1)  Is an attorney holding a current and active New Hampshire license who has filed a written appearance with the board containing his or her business address and telephone number, e-mail address, and fax number if any; or

             (2)  Is not a New Hampshire licensed attorney but has filed a motion for leave to appear as a representative, which motion has been granted by the board.

          (b)  Motion for leave to appear before the board shall:

             (1)  Briefly describe the proposed representative’s professional and character qualifications;

             (2)  Provide the proposed representative’s daytime address and telephone number; e-mail address and fax numbers, if any, and

             (3)  Be signed by both the proposed representative and the party who would be represented.

          (c)  Corporations, partnerships and other legal entities which are not natural persons shall be represented only by:

              (1)  Any licensed attorney in New Hampshire; or

              (2)  An officer, director, or managing partner with express and unqualified written authority to act on behalf of the entity concerning the matter at question.

          (d)  Nothing in this section shall be construed to permit the unauthorized practice of law.

          (e)  The board shall, after notice and opportunity for hearing, prohibit or restrict an individual from acting as a representative upon a finding that the individual has repeatedly violated rules or orders of the board, willfully disrupted board proceedings, or made material misrepresentations to the board or a party in a board proceeding.

          (f)  Any prohibition or restriction issued under (e) above, shall apply to the board’s proceedings either pending or in the future, or any combination thereof, as warranted by the circumstances of the case.

PART Inst 206  TIME PERIODS

          Inst 206.01  Computation of Time.

          (a)  Unless otherwise specified, all time periods referenced shall be calendar days.  Computation of any time period shall begin with the day after the action, which sets the time period in motion, and shall include the last day of the period so computed.

          (b)  If the last day of the period so computed falls on a Saturday, Sunday, or legal holiday, then the time period shall be extended to include the first business day following the Saturday, Sunday or legal holiday.

          Inst 206.02  Change in Allowed Times.  Except where a time period is fixed by statute, the board shall, upon motion or upon its own initiative, enlarge or shorten the time provided for the filing any document, or advance or postpone the time set for any oral hearing, pre-hearing conference, or other activity upon a finding that the interest of the moving party outweighs any detriment likely to be suffered by any other party or the public interest.

          Inst 206.03  Limitations  A motion to change time shall be filed at least 5 days before the scheduled date of the event in question.

PART Inst 207  FILING, FORMAT AND SERVICE OF DOCUMENTS

          Inst 207.01  Filing Documents with the Board.

          (a)  All written documents shall be rebuttably presumed to have been issued on the date noted on the document.

          (b)  A document shall be considered filed when it is actually received at the board’s office and is facially in conformity with the board’s rules. A filed document shall be date stamped by the board or its staff. Date of receipt may also be handwritten on the document if initials of the person verifying receipt are also on the document.

          (c)  A document, which is facially in violation of the board’s rules, shall not be accepted for filing. Such submissions shall be returned to the sender without prejudice subject to subsequent acceptance if the deficiencies are corrected and the document is refiled within the applicable time period.

          (d)  All complaints, motions, exhibits, memoranda or other documents filed in connection with a request for board action shall be filed with an original and 14 copies unless the board directs that a lesser number of copies be furnished.

          (e)  Notwithstanding (d) above, a single copy shall be filed of:

             (1)  Transmittal letters, requests for public information, or other routine correspondence not directed at formal board action; and

             (2)  License applications and renewals.

          (f)  Failure to furnish the required number of copies shall result in the tendered document being returned as unacceptable for filing.

          (g)  The signature on a document filed with the board shall constitute a certification that:

             a.  The signer has read the document;

             b.  The signer is authorized to file it;

             c.  To the best of the signer’s knowledge, information, and belief, there are good grounds to support it; and

             d.  The document has not been filed for purposes of delay or harassment.

          Inst 207.02  Format of Documents.

          (a)  All correspondence, complaints, pleadings, motions, replies or other documents filed under these rules shall:

             (1)  Include the title and docket number of the proceeding, if known;

             (2)  Be typewritten or clearly printed on durable paper 8 ½ by 11 inches in size;

             (3)  Be signed and dated by the party or proponent of the document, or if the party appears by a representative, by the representative; and

             (4)  Include a statement certifying that a copy of the document has been delivered to all parties to the proceeding attesting to the method and date of service and the persons served.

          Inst 207.03  Delivery of Documents.

          (a)  Complaints against licensees shall be filed with the board, with service upon the licensee made by the board within a reasonable time after receipt and review of the complaint.  The board will forward a copy of the complaint to the licensee by certified mail.

          (b)  Applications, petitions for rulemaking and petitions for declaratory rulings shall be filed with the board without service upon other persons.

          (c)  All objections, motions, replies, memoranda, exhibits, or other documents filed in connection with a request for board action shall be served by the proponent upon all interested parties by:

             (1)  Depositing a copy of the document in the United States mail, first class postage prepaid, addressed to the last address given to the board by the party being served, no later than the day the document is filed with the board;

             (2)  Delivering a copy of the document in hand on or before the date it is filed with the board; or

             (3)  Such other means, as the board shall order.

          (d)  Notices, orders, decisions or other documents issued by the board in connection with requests for board action shall be served by the board upon all interested parties by either:

             (1)  Depositing a copy of the document, first class mail postage prepaid in the US mail, addressed to the last address given to the board by the party being served; or

             (2)  Delivering a copy of the document in hand to the parties.

          (e)  When the party appears by representative, service shall be upon the representative.

          (f)  Except for exhibits distributed at a pre-hearing conference or hearing, every document filed with the board and required to be served upon the parties to an adjudicative hearing shall be accompanied by a certificate of service signed by the person making service attesting to the method and date of service, and the persons served.

PART Inst 208  COMPLAINTS AND REPLYS

          PART Inst 208  COMPLAINTS AND REPLYS

          Inst 208.01  Complaints.

             (a)  Complaints pursuant to RSA 205-D:6 shall be filed no later than one year from the date of occupancy of the manufactured house. Filings shall be at the board’s office on the joint board complaint form.  Complaints received after one year shall be denied as untimely and returned to the complainant.

             (b)  Complaints pursuant to RSA 205-D:6 shall include the following:

             (1)  The name and address of the complainant;

             (2)  The name and address of the complainant’s representative, if any;

             (3)  The specific facts or circumstances giving rise to the complaint;

             (4)  The particular action or conduct complained of which warrants relief;

             (5) The description of the action which the complainant wishes the board to take; and

             (6)  A citation to any statutes and rules which entitles the complainant to the relief requested.

             (c)  The complaint shall be signed, in accordance with Inst 207.02.

             (d)  Service of the written complaint shall be made upon the respondent by the board by prepaid certified mail, return receipt requested.

             (e)  The board shall not act upon any documents that do not conform to this rule.

             (f)  The board shall review all written complaints within 90 days of the date that notice of a complaint was received by the complainant unless otherwise agreed to by the parties.

          Inst 208.02  Replies to Complaints.

             (a)  Replies to complaints under RSA 205-D:6 shall be on a reply form, form Inst 2, provided by the board.

             (b)  The respondent shall provide on form Inst 2 the following information:

             (1)  The name and address of the respondent;

             (2)  The name and address of the representative of the respondent as applicable;

             (3)  A statement admitting or denying each fact alleged in the complaint;

             (4)  A statement admitting or denying the authority identified by the complainant;

             (5)  A concise statement of any additional or different facts which warrant the board acting in the manner requested by the respondent;

             (6)  A citation to any statutes, rules, orders or other authority, not identified in the complaint, having a bearing upon the subject matter of the petition; and

             (7)  A description of the action which the respondent wishes the board to take.

             (c)  A reply form shall be signed and dated by the proponent of the document or if the party appears by representative, by the representative.

             (d)  Respondent shall file the reply within 30 days of receipt of Inst 2. 

             (e)  Any fact contained in the complaint, which is not denied, shall be deemed admitted by the respondent. A statement that the respondent lacks sufficient knowledge to admit or deny shall be treated as a denial. The complainant shall be presumed to deny all allegations in the reply and no response shall be permitted to the reply.

          Inst 208.03  Disciplinary Complaints of Licensee Misconduct.

          (a)  The board upon request shall provide a disciplinary complaint form. Complaints alleging misconduct by licensees in violation of RSA 205-D:13 shall be in writing and filed at the board’s office in Concord, New Hampshire.

          (b)  A disciplinary complaint shall be treated as a request for the initiation of disciplinary proceedings by the board. The board shall serve the complaint and a notice of hearing on the licensee at least 14 days before any hearing relative to a complaint against a licensee by registered mail, return receipt or personal delivery in hand.

          (c)  A disciplinary complaint shall contain the following information:

             (1)  The name and address of the complainant;

             (2)  The name and business address of the licensee against whom the complaint is directed; and

             (3)  The specific facts and circumstances which are believed to constitute professional misconduct, including but not limited to fraud, deceit in procuring a license, suspension of installation license in another jurisdiction which has not been reinstated, and willful and repeated violations of RSA 205-D.

          (d)  The disciplinary complaint shall be sworn to, signed and dated by the proponent of the document, or if the party appears by representative, by the representative.

          (e)  A complaint shall be subject to dismissal at any time upon the determination that it:

             (1)  Fails to state a cause of action;

             (2)  Alleges a time barred cause of action; or

             (3)  The complainant has failed to respond to requests for further information or has failed to cooperate with the board’s investigation or hearing.

          (f)  A withdrawal of the complaint shall not preclude the board from independently pursuing some or all of the allegations of misconduct alleged by the complainant.  The board may institute a disciplinary complaint on its own.

          (g)  Upon receiving the written consent of the licensee to a specific written proposal, the board shall consider whether to approve a settlement agreement or a consent decree which resolves some or all of the issues in a disciplinary proceeding.  Motions to approve settlement agreements shall be entertained until a notice of hearing is issued.  Once a notice of hearing is issued, settlements shall only be accomplished by means of a consent decree.

          (h)  Settlements pursuant to (g) above shall not be granted if:

             (1)  The complainant has not been provided with notice and an opportunity to submit written comments concerning the proposal;

             (2)  The board believes material facts remain unresolved which are reasonably capable of resolution; or

             (3)  Available contested facts do not permit the board to conclude that the proposed sanction is appropriate to the allegations.

             (i)  Unless otherwise agreed to by the board, the licensee and the complainant, a hearing on disciplinary complaints shall be held within 90 days of the date of notice served on licensee, pursuant to (b) above.

          Inst 208.04  Motions and Objections Thereto.

          (a)  Motions shall be in writing unless the nature of the relief requested requires oral presentation upon short notice.

          (b)  Motions shall state clearly and concisely:

             (1)  The purpose of the motion;

             (2)  The relief sought by the motion;

             (3)  The statutes, rules, order, or other authority authorizing the relief sought by the motion; and

             (4)  The facts claimed to constitute grounds for the relief.

          (c)  All motions shall be signed and dated by the proponent of the document or, if the party appears by representative, by the representative.

          (d)  Objections shall state clearly and concisely:

             (1)  The defense of the party filing the objections;

             (2)  The action which the party filing the objection wishes the board to take on the motion;

             (3)  The statutes, rules, orders or other authority relied upon in defense of the motion;

             (4)  Any facts which are additional to or different from the facts stated in the motion; and

             (5)  Signed and dated by the proponent of the document or if the party appears by representative by the representative.

          (e)  An objection shall specifically admit or deny each fact contained in the motion.  Failure to deny a fact shall not in and of itself constitute grounds for granting the motion.  In the event a party filing an objection lacks sufficient information to either admit or deny a fact contained in the motion the party shall so state, specifically identifying such fact.

          (f)  Repetitious motions shall not be submitted. Motions shall be decided upon the writings submitted.

          (g)  Objections to motions shall be filed within 10 days after filing of the motion.

          (h)  The presiding officer or the board shall rule on the motion after full consideration of all objections and other relevant factors.  If the presiding officer or board finds it needs additional information to rule on a motion, the proponent shall be directed to provide additional information and supporting documentation.

          (i)  If necessary, a hearing shall be held on the motion.

          Inst 208.05  Motion for Continuance.

          (a)  If a party requests a continuance it shall be granted if the presiding officer determines that good cause has been demonstrated.

          (b)  For the purposes of (a) above, good cause shall include:

             (1)  Unavailability of parties, witnesses or attorneys necessary to conduct the hearing;

             (2)  Likelihood that a settlement will make the hearing unnecessary; or

             (3)  Any other circumstance that would assist in resolving the case fairly.

PART Inst 209  ADJUDICATIVE PROCEEDINGS

          Inst 209.01  Applicability.  This part shall govern all proceedings conducted by the board except rulemaking and non-adjudicative investigations.

          Inst 209.02  Commencement of Hearing.

          (a)  A hearing shall be commenced by

             (1)  An order of the board giving parties notice specified in paragraph (b) below; or

             (2)  In the case of the board’s immediate suspension of a license, the notice specified in (b) below together with the order issued pursuant to Inst 209.18 (a).

          (b)  The hearing notice shall contain:

             (1)  A statement of the date, time, place and nature of the hearing;

             (2)  A statement of the legal authority under which the hearing is held;

             (3)  References to applicable statutes and rules;

             (4)  A summary of the subject matter of the proceeding and identify the issues to be resolved;

             (5)  A statement that each party has a right to representation by an attorney at the party’s own expense;

             (6)  A statement that each party has the right to have the board provide a certified shorthand court reporter at the party’s expense and that any such request be submitted in writing at least 10 days prior to the proceeding;

             (7)  Dates when appearances or motions by representatives are to be filed;

             (8)  The identity of the presiding officer for the proceeding if someone other than the chair.

             (9)  The date, time, and location of any initial pre-hearing conference;

             (10)  Any special procedures to be followed;

             (11)  A statement that a party has the right to a copy of the digitally recorded proceeding;

             (12)  Any confidentiality requirements; and

             (13)  Severing or consolidation of issues in the proceeding with other proceedings and orders directing the production and exchange of documents.

          Inst 209.03  Docketing, Service of Notice, Public Notice.

          (a)  The board shall assign each proceeding a docket number and serve the hearing notice upon all parties to the proceeding.  Hearing notices shall be served by first class US mail at the last known address.

          (b)  Service of all subsequent orders, decisions and notices shall also be by first class US mail at the last known address.

          (c)  Orders, notices and decisions of the board and motions, memoranda, exhibits and other documents and data submitted shall be kept in a docket file and made available for public inspections, upon written request, except if confidential by law.

          Inst 209.04  Intervention.

          (a)  A person requesting to intervene shall state in writing with particularity:

             (1)  The party’s interest in the subject matter of the hearing;

             (2)  The party’s position with respect to the subject matter of hearing; and

             (3)  Why the interests of the parties would not be impaired or affect the orderly conduct of the matter if the board were to grant the request.

          (b)  A copy of the request shall be mailed to the board and all persons identified as participating in the proceeding.

          (c)  A request to intervene shall be granted if it is determined by the board that:

             (1)  The requesting party has substantial interest in the proceeding;

             (2)  The requesting party has exercised due diligence in respect to requesting intervention, at least 10 days before the hearing; and

             (3)  Granting the request will not prejudice a party or cause undue delay.

          (d)  The request, if granted, may be subject to appropriate conditions or limitations which will be subject to modification at any time.

          (e)  Once granted, the intervenor shall take the proceeding as it finds it and no portion shall be repeated because of intervention.

          Inst. 209.05  Right to Counsel.

          (a)  Parties or witnesses in a adjudicative proceeding shall have a right to be represented by legal counsel.

          (b)  An attorney appearing on behalf of a party shall file at the earliest practical date a letter announcing the fact of representation.

          (c)  Requests for appointment of counsel shall not be entertained and the board shall have no responsibility for legal expenses of any licensee, applicant, party, intervenor or witness.

          Inst 209.06  Pre-hearing and other Informal Conferences.

          (a)  Any party may request a pre-hearing or informal conference, or the presiding officer shall schedule on his or her own initiative and direct the parties to attend one or more scheduled pre-hearing conferences in accordance with RSA 541-A:31, V(c) and RSA 541-A:38.

          (b)  Matters to be addressed at a prehearing conference shall include:

             (1)  Distribution of exhibits and written testimony;

             (2)  Procedures for simplification;

             (3)  Amendments to pleadings;

             (4)  Opportunities and procedures for settlement;

             (5)  Possible admission of fact and authentication of documents to avoid unnecessary proof;

             (6)  Limitations on witnesses;

             (7)  Possible standard procedures; and

             (8)  Other matters which might contribute to orderly prompt and fair resolution of the proceeding, including alternative dispute resolution.

          (c)  The board shall record all pre-hearing conferences.

          Inst 209.07  Discovery and Disclosure.

          (a)  The board shall provide for the disclosure of any investigative report or other unprivileged information in the possession of the board that is reasonably related to the subject matter of the proceeding.

          (b)  Parties shall attempt to agree among themselves the exchange of relevant information. If these efforts prove unsuccessful, a party wishing to initiate discovery against another shall, by motion, identify the exact type of discovery requested and include a request to compel.

          (c)  A motion to compel shall:

                 (1)       Set forth in detail those facts which justify the request for information or documents; and

 (2)  List with specificity the information or documents being sought.

          (d)  The presiding officer shall grant the motion to compel if the proponent has demonstrated that the information being sought is necessary for a full and fair presentation of evidence at hearing.

          (e)  The presiding officer shall prepare a schedule for completion of discovery.

          (f)  The presiding officer shall also order parties and intervenor to prepare a list of all witnesses and a brief summary of their testimony.

          (g)  Discovery shall be permitted to avoid placing a party at a disadvantage and if it will not cause material unfairness or unreasonable expense. It shall be permitted to allow for the fair and full presentation of evidence during the hearing.

          Inst 209.08  Evidence.

          (a)  All data which will assist the board to arrive at the truth shall be admitted.  However, data that is irrelevant, repetitious, immaterial or insulting shall be excluded.  The presiding officer shall determine admissibility of evidence.

          (b)  Oral testimony shall be allowed unless written evidence is determined by the board to be more efficient.

          (c)  Witnesses appearing before the board shall testify under oath or affirmation.

          Inst 209.09  Record of Hearings.

          (a)  The board shall cause a digital record to be made of all hearings.

          (b)  A copy of the digital record will be provided upon request and upon providing the required number of CD(s) upon which the record is copied and a $25 fee.

          (c)  If the board elects to transcribe some or all of the record for its own use, the transcribed portions shall be included in the public docket file.

          Inst 209.10  Burden of Proof.

          (a)  The party asserting the affirmative of a proposition shall have the burden of proof unless otherwise provided by statute.

          (b)  The person filing a motion shall have the burden of persuading the board the motion should be granted.

          Inst 209.11  Standard of Proof.  The board shall decide contested issues in adjudicative proceedings based upon the preponderance of the evidence.

          Inst 209.12  Method of Proceeding.

          (a)  An evidentiary hearing shall be scheduled when facts are in dispute, personal observation of witnesses is necessary or cross-examination is desirable or necessary. Such a hearing shall not preclude the opportunity to submit a memoranda.

          (b)  Notwithstanding (a) above, if the board determines that the submission of affidavits and memoranda will suffice when facts are in dispute and witnesses are not necessary no hearing shall be scheduled.

          (c)  Oral argument shall be allowed when the board determines a substantial need for such procedure after review of memorandum, briefs, and argument submitted by the parties.

          (d)  Parties may be allowed opening and closing statements if the board so declares and there may also be written submissions at the board’s direction.

          (e)  Notwithstanding anything in this section, the board may structure individual proceedings in a manner suitable to its particular subject matter so long as due process requirements are met.

          Inst 209.13  Inquiry by Presiding Officer or Board Members.

          (a)  The presiding officer shall make inquiry of witnesses, parties or counsel as he or she deems necessary to develop a sound record of the proceeding.

          (b)  Other board members participating in the proceeding shall have the right to ask questions subject to recognition by the presiding officer.

          Inst 209.14  Proposed Findings of Fact and Conclusions of Law.

          (a)  Approval of a request by the parties to submit proposed findings of fact and conclusions of law shall be at the presiding officer’s discretion.

          (b)  The presiding officer shall direct any party to submit proposed findings of fact or conclusions of law if the presiding officer believes they would assist the board in rendering a decision. If such an order is issued, individual rulings on each finding or conclusions shall be included as part of any proposed or final decision.  If there is a transcript the party shall cite the page, paragraph and line that it believes supports its finding or conclusion.

          (c)  The board may limit the number findings of fact and rulings of law and it may in full or in part, admit or deny.

          Inst 209.15  Ex Parte Communications.  Once an adjudicative proceeding has begun, no party shall communicate directly or indirectly with a participating board member or the presiding officer concerning the merits of the case except upon notice to all parties.

          Inst 209.16  Role of Complainants in Enforcement of Disciplinary Hearings.  Unless called as a witness or granted party or intervenor status, a person who initiates an adjudicative proceeding by complaining to any agency about the conduct of a person who becomes a party shall have no role in any enforcement of a disciplinary hearing.

          Inst 209.17  Disciplinary Hearings.

          (a)  Adjudication of misconduct allegations shall be conducted in accordance with this part and as supplemented by the hearing order and other procedural orders served upon the parties which shall establish the particular scheduling and filing requirements applicable to each case.

          (b)  A hearing notice shall be subject to substantive amendment by the board at any time prior to the issuance of a final order. However, the parties shall receive at least 15 days notice and an opportunity to be heard on any new or materially different misconduct allegation to be decided in a particular disciplinary proceeding.

          (c)  If ordered to do so by the presiding officer, the licensee shall respond in writing to stated misconduct allegations by admitting or denying each allegation within a reasonable period of time as established by the board.

          (d)  The board shall have authority to appoint an individual to investigate and to prosecute misconduct allegations in furtherance of the public protection at any time during a disciplinary hearing.  The decision to appoint shall be the sole discretion of the board and shall not be the subject of a motion by any party.

          (e)  When the board receives notice that a licensee has been subjected to disciplinary action by the licensing authority in another jurisdiction, the board shall issue an order directing the licensee to demonstrate why reciprocal disciplinary action should not be taken in New Hampshire.

          (f)  When the board receives information indicating that a licensee has engaged in or is likely to engage in professional misconduct which poses an immediate safety danger to the public or a consumer, the board shall issue an order which sets forth the alleged misconduct and immediately suspends the license pending completion of an adjudicative proceeding on the specified issues.

          Inst 209.18  Immediate Suspension of Licenses.

          (a)  Upon a finding that a public safety hazard exists that requires emergency action against a licensee, the board shall, without a hearing, suspend a license by issuing a written order incorporating the specific finding.

          (b)  The board shall initiate a hearing no later than 10 days after the issuance of an order pursuant to (a) above.

          (c)  No hearing date established pursuant to (b) above shall be postponed at the request of the licensee unless the licensee agrees to continue the suspension period pending issuance of the board’s final decision.

          (d)  If the no hearing is initiated within the 10 days after the issuance of an order, the suspension shall be vacated unless the deadline is waived by the licensee or the licensee requests a continuance.

          (e)  If the suspension is vacated, the board may not again suspend the licensee on the basis of the same conduct without giving the licensee prior notice and the opportunity to be heard.

          Inst 209.19  Expedited Hearing.

          (a)  The board shall grant a request for an expedited hearing upon review of a complaint setting forth facts in sufficient detail to support such a request. A person requesting an expedited hearing shall be required to waive in writing the 15 day notice requirement.

          (b)  Reasons for such requests shall include, but not be limited to, economic hardship, medical emergency or other circumstances in which a delay of a hearing would cause irreparable harm.

          (c)  The opposing party may respond to a request for an expedited hearing or may request a continuance under Inst 208.05.

          Inst 209.20  Failure to Attend Hearing.

          (a)  Failure of a party to attend or participate in the hearing shall result in the party being declared in default if it has the burden of proof, has been given notice, but fails to attend the hearing. In this instance, the case shall be dismissed.

          (b)  If the party does not have the overall burden of proof and fails to attend a hearing after having been given notice, the testimony and evidence of any other parties or intervenors shall be received and evaluated.

          (c)  If the party who has the overall burden of proof attends the hearing but fails to present evidence or argument a decision will be entered against that party.

          (d)  Notwithstanding any rule to the contrary, the board shall not dismiss a matter if good cause existed for failure to appear. Good cause in these circumstances means beyond the control of the party.

          (e)  If the presiding officer believes a default should enter against a party, the presiding officer shall issue a written recommendation, with service on the parties, and action will be taken by the board 10 days after objections are filed.

          Inst 209.21  Decisions.

          (a)  A board member shall not participate in making a decision unless he or she has personally heard the testimony unless the matter’s disposition does not depend on the credibility of any witness and the record provides a reasonable basis for evaluating testimony.

          (b)  The disposition of the hearing shall be in writing and shall set forth findings of fact, conclusions of law and a final disposition as set forth in RSA 541-A.

          (c)  Final adjudicative order of the board and orders denying petitions for declaratory rulings or rulemaking, shall take effect on the date they are served upon the parties pursuant to Inst 207.03 (d).

          Inst 209.22  Exceptions to Interlocutory Rulings by the Presiding Officer.  The board shall not entertain interlocutory appeals of procedural or discovery orders made by the presiding officer.

PART Inst 210  RECONSIDERATION AND STAY

          Inst 210.01  Motion for Reconsideration or Rehearing.

          (a)  Motions for reconsideration or rehearing shall be filed within 30 days after service of a final adjudicative order.  The board shall make no distinction between “reconsideration” and “rehearing.”

          (b)  A motion for reconsideration shall:

           (1)  Include any memorandum of law the moving party wishes to submit;

          (2)  Identify every ground upon which the moving party asserts the hearing or the outcome of the hearing is unlawful, unjust or unreasonable; and

          (3)  Concisely state the proposed factual findings, reasoning, and conclusions urged by the moving party.

          (c)  The board shall grant or deny the motion, or any part thereof, on its merits to the extent the motion has demonstrated the decision is unlawful, unreasonable or unjust. The board shall treat the motion as one of reopening and order the receipt of such additional data or additional argument as it considers necessary to evaluate any newly discovered evidence or to cure any alleged procedural orders.

          (d)  The board shall not grant a motion for reconsideration or rehearing for 5 days after the motion is filed in order to permit the opposing party to respond.

          (e)  After the board has granted a motion for reconsideration or rehearing, the board shall affirm its order, modify its order or reverse its order as justice and equity require.

          Inst 210.02  Stay of Board Orders.

          (a)  Board actions shall be stayed only in response to a specific motion.

          (b)  A motion for stay shall be considered only if it is filed within the time period for requesting reconsideration and shall demonstrate good cause sufficient to warrant the stay.

          (c)  Filing a motion for reconsideration shall not automatically stay a board order.

PART Inst 211  CONSOLIDATION AND SEVERANCE

          Inst 211.01  Consolidation.  Adjudicative proceedings which involve the same or substantially related issues shall be consolidated for hearing or decision, or both, when fairness, accuracy and efficiency would be served by such an action.  Consolidation shall be ordered in response to a party’s motion or on the board’s own initiative.

          Inst 211.02  Severance.

          (a)  Severance shall be ordered in response to a motion from a party or on the board’s initiative.

          (b)  The board shall sever one or more issues from a proceeding and dispose of those issues in another proceeding when it would promote the fairness of the proceeding.

PART Inst 212  NON-ADJUDICATIVE INVESTIGATIONS

          Inst 212.01  Formal Investigation.

          (a)  The board shall commence a formal investigation when necessary for the purpose of obtaining documents, recording testimony and otherwise gathering information relevant to any matter within its jurisdiction.

          (b)  Formal investigations shall be commenced by the issuance of any order containing:

               (1)  The statutory or regulatory authority for the investigation;

               (2)  Statutes or rules believed to have been violated, or the possible regulatory action being contemplated by the board;

               (3)  Identity of the person(s) who are subjects of the investigation;

               (4)  The general nature of the conduct being investigated;

               (5)  Identity of the investigating officer(s);

               (6)  The date upon which the investigating officer shall report the findings and recommendations; and

               (7)  Other provisions including time, place and manner in which the investigation is to be conducted.

          (c)  The issuance of an order to investigate shall not commence a disciplinary hearing and shall not constitute an allegation of misconduct against a license holder. It shall be declared an unverified complaint until completion of the investigation.

          Inst 212.02  Investigators.  The board shall, as necessary appoint a member, investigator or other qualified person or committee to conduct an investigation.

          Inst 212.03  Misconduct Investigations.

          (a)  The board shall conduct such non-adjudicative investigations as it deems necessary to examine an act of possible misconduct which has come to its attention through complaints or other means or to satisfy itself that misconduct has not occurred.

          (b)  When a misconduct investigation occurs, an investigator designated by the board shall contact such persons and examine records and documents as are necessary to make a recommendation as to whether or not further board action should be taken.

          (c)  Investigations, including those based on allegations in a complaint, shall be conducted on an ex parte basis except to the extent the investigator elects to share information with the subject of investigation or with a complainant.

          (d)  In formal misconduct investigations, the investigator shall make a written report and recommendations to the board as to whether there is a reasonable basis to conduct further disciplinary proceedings.

          (e)  Investigator reports and all information gathered by an investigator shall be kept confidential except that:

          (1)  The investigator’s report shall be made available to the parties in any adjudicative proceeding;

          (2)  Information gathered by the investigator shall be subject to public disclosure if it is introduced as evidence in a disciplinary hearing; and

          (3)  Information gathered in disciplinary investigations shall be made available to:

                    a.  Law enforcement agencies;

                    b.  Licensing agencies in other jurisdictions;

                    c.  Board investigators or prosecutors;

                    d. Expert witnesses or assistants retained by board prosecutors or investigators in the same disciplinary matters; and

                    e.  A licensee, complainant, or other person with knowledge of the subject matter of a particular misconduct allegation, when such disclosure would assist the board investigation; and

          (4)  Copies of investigations shall be provided to all board members;

          (f)  No investigator shall have ex-parte communication with the board concerning the subject complaint.

PART Inst 213  RULEMAKING

          Inst 213.01  Rulemaking Petition.

          (a)  Petitions for rulemaking shall be in writing.

          (b)  The petitioner shall include the following in his or her rulemaking petition:

             (1)  The  reasons for the proposed ruling; and

             (2)  The petitioner’s name, address, and phone number.

          (c)  Petitions shall be sent to:

Manufactured Housing Installation Standards Board
NH Joint Board
121 South Fruit Street

Concord, NH 03301

          (d)  The board shall use the following criteria to determine whether a rulemaking petition should be granted or denied:

             (1)  Whether the board has rulemaking authority pursuant to RSA 205-D and RSA 541-A;

             (2)  Whether petition clearly identifies issues which require rulemaking;

             (3)  Whether there is an existing rule which addresses the issues raised in the petition; and

             (4)  Whether the petition is consistent with RSA 205-D and applicable case law.

          (f)  Pursuant to RSA 205-D and RSA 541-A:4, the board shall notify the petitioner in writing whether the petition was granted or denied.  If denied, the notification letter shall state the reasons for denial.

          Inst 213.02  Deficiencies in Petitions.

          (a)  If the board determines that any petition does not meet the requirements of this section, it shall immediately notify the petitioner in writing, of the specific deficiencies.

          (b)  Upon receipt of a corrected petition, the board shall take action as outlined in Inst. 213.01.

PART Inst 214  RULEMAKING HEARINGS

          Inst 214.01  Scope.  This part shall apply to rulemaking hearings pursuant to RSA 541-A:11.

          Inst. 214.02  Notice.  The board shall cause to be published in the New Hampshire Rulemaking Register a notice of its intent to hold a rulemaking hearing pursuant to RSA 541-A:6.

          Inst 214.03  Presiding Officer.

          (a)  The hearing shall be presided over by the chairperson of the board or his or her designee.

          (b)  The chairperson or designee shall:

             (1)  Determine whether a quorum of the board is present for the hearing;

             (2)  Call the hearing to order;

             (3)  Cause a recording of the hearing to be made;

             (4)  Recognize those who wish to be heard;

             (5)  Maintain order during the hearing; and

             (6)  Adjourn the hearing.

          Inst 214.04  Order of the Hearing.

          (a)  Any individual who wishes to testify at the hearing shall provide his or her full name on a speakers list furnished by the board.

          (b)  Individuals shall be called to testify in the order in which they signed up.

          (c)  Before adjourning the public hearing and after all individuals who signed up have been heard, the chairperson or designee shall call for any new testimony from any new speaker.

          (d)  When the chairperson or designee has determined that no other individual wishes to testify, he or she shall close the public hearing.

          Inst 214.05  Postponement and Continuations.

          (a)  The chairperson or designee shall postpone a hearing to a later date, time or place in the event of:

             (1)  Inclement weather;

             (2)  A lack of a quorum; or

             (3)  Determination by the board that postponement of the hearing shall facilitate greater participation by the public.

          (b)  The chairperson or designee shall continue a hearing to a later date, time or place in the event that:

             (1)  The time allotted is not sufficient to give each individual who wishes to testify an opportunity to do so; or

             (2)  A lack of quorum.

          (c)  Notice of a postponement or continuation of a public hearing or of extension of the public comment period shall be provided pursuant to RSA 541-A:11, III and IV(d).

          Inst 214.06  Written Comments.  Individuals may submit comments in writing or electronic format to the board on proposed rulemaking actions any time from the time notice has been published until the end of the public comment period as set forth in the notice of rulemaking.

          Inst 214.07  Copies of Recordings.

          (a)  All rulemaking hearings shall be recorded.

          (b)  A copy of the digital record shall be provided upon request and upon providing the required number of CD(s) upon which the record is copied and a $25 fee.

          (c)  All requests for a copy of the recording shall be made by submitting a written request to:

Manufactured Housing Installation Standards Board
NH Joint Board
121 South Fruit Street

Concord, NH  03301

        (d)  Recordings of proceedings shall be preserved for no less than 75 days from the conclusion of the hearing date.

PART INST 215  DECLARATORY RULING

          Inst 215.01  Submitting Request for Declaratory Ruling.

          (a)  Individuals petitioning for a declaratory ruling as defined by RSA 541-A:1, V shall submit the following information to the board in writing:

             (1)  The specific statute, rule or order whose applicability is being questioned;

             (2)  The interest of the petitioner;

             (3)  The activity in question; and

             (4)  The name, address, and telephone number of the petitioner.

          (b)  Any petition which does not include the information in (a) above, shall be denied and returned stating the reasons for the denial.

          Inst. 215.02  Disposition of Petition.

          (a)  The board shall:

             (1)  Act on the petition within 30 days of the meeting at which the petition was considered;

             (2)  Issue a written declaratory ruling within 30 days of the meeting at which the petition was considered; or

             (3)  Reject the declaratory ruling petition if it is beyond the scope of authority as specified in RSA 205-D.

PART Inst 216  EXPLANATION OF RULE

          Inst 216.01  Request for Rule Explanation.

          (a)  Within 30 days after the adoption of a rule, any interested person may request the board to issue a statement explaining the following:

             (1)  The principle reason(s) for and against the adoption of a rule in its final form; or

             (2)  Reasons why the board overruled arguments and considerations relative to the rule.

          (b)  Rule explanation requests shall be received and disposed of in the following manner:

             (1)  Requests shall be submitted to the board at:

Manufactured Housing Installation Standards Board
NH Joint Board
121 South Fruit Street

Concord, NH 03301

             (2)       When a request for a rule explanation has been received by the board, the board shall issue a statement responsive to the request within 60 days. The statement shall provide the information required in (a) above.

CHAPTER Inst 300  LICENSING AND TRAINING REQUIREMENTS

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PART Inst 301  INSTALLATION LICENSE

          Inst 301.01  License Required.  No person shall install a manufactured house in New Hampshire without a license.

          Inst 301.02  Qualification for Licensure.

          (a)  An applicant seeking to install manufactured housing in New Hampshire shall:

             (1)  Be 18 years of age;

             (2)  Have 2 years experience as an installer of manufactured housing under the direction of a licensed manufactured housing installer, or equivalent housing construction experience; and

             (3)  Have successfully completed 6 hours of installation training.

          Inst 301.03  Application Process.

          (a)  An applicant shall submit a completed application form, Inst 3, which contains the information specified in Inst 301.04.

          (b)  The board shall acknowledge receipt of the application within 10 days and shall notify the applicant of any deficiencies in the application, if applicable, or any further information needed to clarify the applicant’s qualifications. Failure to remedy the deficiencies shall result in dismissal of the application.

          (c)  The board shall act upon a completed application within 45 days of receipt.

          (d)  Any applicant who has been denied a license may request a hearing, pursuant to Inst 209.                   

          Inst 301.04  Application Form, Inst 3.

          (a)  Applicants for licensure shall provide the following on Inst 3:

             (1)  Applicant’s name and any names previously used;

             (2)  Applicant’s:

                          a.  Home address;

                          b.  Business address;

                          c.  Home and business telephone number;

                          d.  Home and business e-mail address; and

                          e.  Business facsimile number;

             (3)  Applicant’s date and place of birth;

             (4)  Applicant’s educational history, including the names and dates attended at each educational institution;

             (5)  Applicant’s employment history, including:

                          a.  Employer’s name and address;

                          b.  Dates of employment; and

                          c.  Nature of employer’s business;

             (6)  Names and addresses of 3 references of persons unrelated to the applicant who:

                          a.  Have personal knowledge of the applicant’s professional character or reputation;

                          c.   Are related to the manufactured housing, building construction, banking or other relevant field;

             (7)  If the applicant is a non-New Hampshire resident, the name of the resident agent in state;

             (8)  Indication as to whether the applicant is licensed as an installer in other states, and if so, the names of the other states;

             (9)  Indication as to whether the applicant was ever refused an installer’s license in any other state;

             (10)  Indication as to whether the applicant has been the subject to disciplinary action in any other state, and if so a description of the incident;

             (11)  Disclosure of whether the applicant has:

                          a.  In the last 3 years been convicted of mishandling funds or other property entrusted to the applicant by another party, and if so, the court of conviction and disposition;

                          b.  Filed bankruptcy, and if so, the dates of prior filings;

                          c.  Been convicted of a misdemeanor or felony or a crime other than a minor traffic offense, that has not been annulled;

                          d.  Been sued civilly, and if so an explanation; and

                          e.  Been convicted of any crime, and if so, the date and the name of the court; and

             (12)  Indication as to whether the applicant will pick-up the license when ready.

             (b)  An applicant shall submit the following along with Inst 3:

             (1)  For the purposes of (a)(4) above

                          a.  Any proof of formal education beyond high school in the form of a copy of transcripts or proof of graduation; and

                          b.  Any proof of special training classes attended in the form of a certificate.

             (2)  Proof of 2 years of actual installation of manufactured homes, under the direction of a licensed manufactured housing installer, or equivalent experience;

             (3)  Proof of financial responsibility, pursuant to Inst 302;

             (4)  Proof of successful completion of an initial 6 hour board approved training program, pursuant to RSA 205-D:8, III, completed within 3 years of the date of the application;

             (5)  A recent 2 inch by 2 inch current passport photograph of the applicant; and

             (6)  Applicable application fee.

             (c)  An application shall be signed and dated by the applicant and sworn to before a notary or justice of the peace. Any false statements made on the application shall be subject to the penalty provided under RSA 641:2.

          Inst 301.05  Background Check.  If in the application the applicant responds in such a manner that puts his or her trustworthiness into question, the board shall conduct an investigation or interview the applicant, as deemed necessary.

          Inst 301.06  Denial of License Application.

             (a)  The following shall constitute grounds for, denying a license or refusing to renew the license of a person licensed under this chapter:

                 (1)       Incomplete application;

                 (2)       Fraud or deceit, specifically the practice of fraud or deceit in obtaining a license under this chapter or in connection with service rendered within the scope of the licensed issued;

                 (3)       Conviction of a crime which involves dishonesty or false statement or which relates directly to the practice for which the licensee is licensed or which is enumerated in this chapter, or conviction of any crime for which incarceration for one year or more is imposed;

                 (4)       Violation of the RSA 205-D or Inst 300 and Inst 600;

                 (5)       Engaging in unlicensed installation practice; or

                 (6)       Incompetence in the practice for which the license is held.

          (b)  For the purposes of (a) (6) above, a licensee shall be deemed incompetent if the licensee has engaged in conduct which:

                 (1)       Evidences a lack of ability; or

                 (2)       Evidences a lack of knowledge to apply principles and skills to carry out installation.

          Inst 301.07  License Fee.

          (a)  The fee for an original license shall be $75.00.

          (b)  The fee for a renewal license shall be $50.00.

          (c)  The fee for a duplicate license shall be $10.00.

          Inst 301.08  Reporting Requirements.

          (a)  A licensee shall report any changes in address, name or other material changes in the conditions or qualifications set forth in the original application to the board office in writing no later than 10 days after the change.

          (b)  Where appropriate, after proper application and payment of fee, the board’s records shall be changed and a new license shall be issued for the unexpired term of the current license.

          Inst 301.09  Voluntary License Cancellation.  A licensee may cancel his or her license upon written notification and by returning the current license to the board.

          Inst 301.10  Expirations and Renewal of License

          (a)  A license shall expire every third year on the last day of the month of the licensee’s birthday unless prior to that time the board has granted an application for license renewal pursuant to this chapter.  The board shall send a renewal reminder notice no later than 30 days in advance of the expiration date.

          (b)  Licenses may be renewed during the month following the licensee’s birthday month, retroactive to the first day of the month.

          (c) Upon failure to renew within the time set forth in (a) or (b) above, a licensee may renew his or her license by submitting an application for renewal and the required $50.00 fee plus $10.00 before the last day of the second month following the month of his or her birthday month.

          (d)  Any installer whose license is not renewed within 2 months of the expiration date shall apply for an initial license under Inst 301.04 and submit a $75.00 fee.

          (e)  In addition to completing the application required in Inst 301.11, an applicant for renewal of license shall provide the dates and number of the previous license on the application.

          (f)  Individuals licensed as installers shall be eligible for renewal of their licenses if they:

                 (1)       Are not in violation of this chapter;

                 (2)       Submit evidence that the requirements of 3 hours of continuing education pursuant to Inst 304.01 (c) has been met; and

                 (3)       Submit evidence of a surety bond or letter of credit as required under RSA 205-D:9 and Inst 302.01 (g).

          Inst 301.11  Renewal Application. The applicant shall supply the following on the application form for license renewal Inst 3R:

          (a)  Applicant’s name and any names previously used;

          (b)  Applicant’s:

                    a.  Home address;

                    b.  Business address;

                    c.  Home and business telephone number;

                    d.  Home and business e-mail address; and

                    e.  Business facsimile number;

           (c)  A statement indicating any disciplinary or legal action brought against the applicant as a manufactured housing installer by any licensing/certification board or jurisdiction and if so a description of the incident;

          (d)  A statement indicating that the applicant has complied with the continuing education requirements of Inst 304.01 (c);

          (e)  Disclosure of whether the applicant has:

                    a.  Since the last renewal been convicted of mishandling funds or other property entrusted to the applicant by another party, and if so, the court of conviction and disposition;

                    b.  Filed bankruptcy, and if so, the dates of prior filings;

                    c.  Been convicted of a misdemeanor or felony or a crime other than a minor traffic offense, that has not been annulled;

                    d.  Been sued civilly, and if so an explanation; and

                    e.  Convicted of any crime, and if so, the date and the name of the court;

          (f)        Acknowledgment that the provision of materially false information in the application knowingly provided is a basis for denial;

          (g)        Acknowledgement that, if the applicant provided false information that is discovered after the license is renewed, it shall be a basis for disciplinary action by the board; and

          (h)        The applicant’s signature and date.

          Inst 301.12  Denial of Renewal. 

          (a)        Renewal shall be denied if, after notice and an opportunity for hearing, there is a finding of:

                      (1)        Noncompliance with the continuing education requirements of Inst
          304.01 (c);

                      (2)        Any act for which discipline shall be imposed under Inst 303;

                      (3)        Reasons for which an initial application would have been denied; or

                      (4)        Failure to furnish complete or accurate information on a renewal or license application.

PART Inst 302  FINANCIAL RESPONSIBILITY

          Inst 302.01  Proof of Financial Responsibility.

          (a)  Pursuant to RSA 205-D:9, I every applicant for the installation of manufactured housing shall provide a $25,000 bond or letter of credit.

          (b)  Cancellation of the bond or letter of credit may occur upon the company providing 30 days written notice to the board.

          (c)  The bond shall be under the condition that the licensee shall not violate any laws or regulations governing installation of manufactured house and to guarantee any fines issued against the licensee.(d)  Any licensee who fails to file a bond or letter of credit required pursuant to 302.01 (a) shall be denied a license.

          (e)  The board shall not accept a surety bond unless it is with a surety company authorized to do business in New Hampshire.

          (f) The surety bond shall name as obligee “Treasurer, State of New Hampshire and any person aggrieved under RSA 205-D”.

PART Inst 303  DISCIPLINARY ACTION ON LICENSE

          Inst 303.01  Disciplinary Action: Reprimand, License Suspension/Revocation.

          (a)  After an opportunity for a hearing pursuant to Inst 209 and upon a determination that misconduct has occurred, as defined by RSA 205:D:13, II the board shall take any of the following disciplinary actions as appropriate, to the seriousness of the misconduct:

                 (1)      Reprimand by written warning, which shall remain on record for a period of no less than 3 years;

                 (2)      Suspension of a license, not to exceed 5 years;

                 (3)      Limiting or restricting a licensee, including but not limited to working under the supervision of a licensee in good standing with the board, for a period of time set by the board;

                 (4)      Require participation in continuing education program especially in an area the installer is found to be deficient;

                 (5)      Revocation of license; or

                 (6)       Imposition of an administrative fine up to $1500.00 for each offense.

          (b)  A written warning of reprimand imposed pursuant to (a)(1) above against a licensee shall not be utilized to impose enhanced sanctions against the licensee once the expiration date has passed.

                  (c)  For the purposes of (a)(2) above, in determining the appropriate time sanction for suspension of a license, the board shall consider the severity of the misconduct, the number of offenses and whether or not the licensee is a repeat offender.

          Inst 303.02  Administrative Fine for Misconduct Offense

          (a)  Administrative fines shall not be held in abeyance;

          (b)  For the purpose of a subsequent offense, the offense shall have occurred within 3 years;

          (c)  Fines shall be based on the severity of the offense, the number of offenses and whether the installer is a repeat offender.

          (d)  The fine shall be paid within 30 days from the receipt of the written order. All payments for fines shall be made payable to the “Treasurer, State of New Hampshire”, and mailed to:

Manufactured Housing Installation Standards Board

                NH Joint Board
                121 South Fruit Street
                
Concord, NH 03301

          (e)  If a fine is not paid within 30 days of the receipt of the order, a notice of hearing shall be issued to the installer to show cause why he should not be suspended for non-payment of the fine. If after a hearing it is found that the fine has not been paid, the licensee shall be suspended until full payment is received.

PART Inst  304  TRAINING AND CONTINUING EDUCATION

          Inst 304.01  Administration of Training and Continuing Education Program

(a)  To be eligible for an installation license an individual shall first successfully complete an initial training program and to maintain his or her license, the licensee shall attend a continuing education program which has been approved by the board.

          (b)  To be eligible for approval, an initial training program shall:

                 (1)       Be administered and conducted by a New Hampshire association or organization experienced in the installation of manufactured houses;

                 (2)       Contain a minimum of 6 hours of instruction; and

                 (3)         Address the following subject areas:

                    a.  2 hours shall be devoted to laws and rules relative to installation of manufactured housing; and

                    b.  4 hours in the servicing and installation of manufactured housing, including but not limited to site preparation, foundations, actual installation of house, installation of features such as hinged roofs, multiple or expandable sections.

          (c)  To be eligible for approval, a renewal training program shall:

                 (1)       Be administered and conducted by a New Hampshire association or organization experienced in the installation of manufactured houses; and

                 (2)       Contain a minimum of 3 hours of instruction;

                 (3)         Address the following subject areas:

                    a.  A condensed review of the initial training program;

                    b.  Updated installation requirements and techniques;

                    c.  Recent amendments to statutes and rules that affect manufactured housing installation, as well as recent court decisions relative to installation.

          (d)  All program providers, whether for initial or renewal training, shall:

                 (1)       Provide a copy of a completion certificate designed for, and capable of, preventing fraud and forgery and which verifies course completion; and

                 (2)       Provide written materials for class participation as well as a helpful installation reference.

          Inst 304.02  Application for Approval.

(a)  Any person wishing to establish an approved manufactured installation training and continuing education program shall submit a written request to the board.

          (b)  The written request shall contain at minimum the following information:

                 (1)       Name address and telephone number of the organization and its affiliations and pertinent licenses;

                 (2)       Description of program; and

                 (3)       List of teaching instructors, including names and addresses and their educational and work experience background.

          (c)  After an opportunity for a hearing, the board shall, when necessary revoke an approval for any course which does not follow this part.

          Inst 304.03  Inspection of Certificates.    The board shall establish at its office a system for the recording of completed training and continued education certificates, which shall be kept for 5 years for public inspection.

CHAPTER Inst 400  WARRANTY

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PART Inst 401  WARRANTY SEAL

          Inst 401.01  Warranty Seal Required.

          (a)  Pursuant to RSA 205-D:17, in order to keep record of and verify the proper installation of manufactured homes, no manufactured house shall be installed in this state until the manufacturer or licensed installer, has obtained a warranty seal from the board and attached the seal to the manufactured house.

          (b)  The warranty seal shall bear the following information:

                 (1)       Type of manufactured house installed;

                 (2)       State seal;

                 (3)       Manufacturer’s name, address, and telephone number;

                 (4)       Date the house was manufactured and unit serial number;

                 (5)      Name and license number of the installer;

                 (6)       Address and telephone number of installer;

                 (7)      Date of installation;

                 (8)      Whether the unit is new or relocated;

                 (9)      Address of installation;

                 (10)    Signature of the licensee that is responsible for the installation;

                 (11)   Date the inspection was performed;

                 (12)   Name and title of the inspector; and

                 (13)  Signature of the inspector.

          Inst 401.02  Fee.  The fee for each warranty seal shall be $50.00.

          Inst 401.03  Placement of Warranty Seal.  The warranty seal shall be installed on the electrical box door in the manufactured house.

CHAPTER Inst 500  INSPECTIONS OF MANUFACTURED HOUSING INSTALLATIONS

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PART Inst 501  DEFINITIONS

           Inst 501.01  Inspector” means the local enforcement agency.  If there is no local enforcement agency, the board’s designee shall function as the inspector.

PART Inst 502  INSPECTIONS

          (a)    All manufactured houses installed pursuant to RSA 205-D and Inst 600 shall be inspected to ensure compliance with state installation standards established under RSA 205-D and Inst 600; and

         (b)    Upon completion of the manufactured housing installation, the licensee shall schedule the inspection required pursuant to Inst 502.01(a).

          Inst 502.02  Inspectors.

          (a)  Pursuant to RSA 205-D:5, I(b), inspectors shall have authority to enter the premises anytime during the installation in order to carry out their responsibilities.

          (b)  Inspectors shall have the authority to:

                 (1)       Issue orders for the correction of an installation code or warranty violation that is within their jurisdiction;

                 (2)       Issue orders to discontinue installation until violation(s) are corrected;

                 (3)       Approve continuation of the work on the installation upon being satisfied that the violation has been corrected; and

                 (4)       Issue a certificate of compliance upon satisfaction that a manufactured house has been installed in compliance with RSA 205-D and Inst 600.

          Inst 502.03  Timing of Inspection.

          (a)  Inspections shall be completed by an inspector prior to occupancy of the manufactured house. The inspector, when satisfied that the installation meets all standards, shall issue a certificate of compliance occupancy permit which shall be required before the house can be occupied.

          (b)  Inspections should be conducted within 5 business days of receiving a request.

          Inst 502.04  Deficiencies.

          (a)  Pursuant to RSA 205-D:5, II, an inspector that orders correction of a violation shall notify the board immediately of the needed correction.

          (b)  A person ordered to correct a deficiency by an inspector because of a violation of any rule provision in Inst 600 or RSA 205-D may request a hearing before the manufactured housing installation standards board by filing, within 30 days of receipt of the order, a complaint under Inst 208.01.

          (c)  The board shall schedule an adjudicatory hearing pursuant to Inst 209.

          (d)  The inspector who issued the order shall have the burden of proof.

          (e)  If the board upholds the inspector’s order it shall prescribe the time period for the requisite correction in its written decision.

          (f)  If the person(s) ordered to correct any deficiencies fails to file a request for a hearing within 30 days the board shall deem the inspection report valid and issue stop work order which requires correction of the deficiencies and shall remain in effect until an inspector certifies the deficiencies have been corrected.

        Inst 502.05  Fees.  There shall be a fee of $250.00 for each inspection conducted by the board’s designee under this chapter.

Chapter Inst 600  MANUFACTURED HOUSING INSTALLATION STANDARDS

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PART Inst 601  PURPOSE AND SCOPE

          Inst 601.01 Purpose. 

          (a)   The purpose of this chapter is to assure the proper installation of a manufactured
                   house as defined by
RSA 205-D:1, XI. 

          (b)  Installers have the option of installing in accordance with:

                (1)  This chapter; or

                (2)  A design prepared by a New Hampshire licensed engineer or architect; or

                (3)  The manufacturer’s installation standards.

          Inst 601.02  Applicability.

          (a)  The provisions of this standard shall apply only to manufactured housing which is:

                 (1)       Transportable in single or multiple sections;

                 (2)       In the traveling mode 8 body feet or more in width and 40 body feet or more in length; and

                 (3)       When erected on a site is 320 or more square feet, built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to required utilities, including plumbing, heating, air conditioning as applicable, and electrical systems.

           (b)  These rules shall not apply to:

                 (1)       Campers or recreational vehicles as defined in RSA 216-I:1 or RSA 259:84:a;

                 (2)       Pre-site built housing as defined in RSA 674:31-a;

                 (3)       Modular buildings as defined in RSA 205-C:1,XI;or

                  (4)        Single wide structures under 750 square feet, provided that they are not for residential or classroom use.

          Inst 601.03  Scope

          (a)  These standards shall apply to the installation of all New Hampshire new and relocated manufactured housing that is used as a residential dwelling.

          (b)  The standards pursuant to Inst 600 shall not apply to:

                 (1)       Sites that are already occupied as of December 24, 2005; and

                 (2)       Sites for the installation of manufactured housing, which provides temporary relief from fire, flood or other disasters for a period of one year from the placement of the house.

          (c)  The exemption in (b) above shall not relieve the manufactured house owner or occupant from responsibilities for the proper use and maintenance of a manufactured house.  Manufactured houses installed on sites exempted from the requirement of RSA 205-D shall be installed and the sites maintained in a manner which is not detrimental to the functions of any of the systems in the house.

          (d)  Manufactured housing, which is installed in compliance with RSA 205-D and this chapter, shall be exempt from all state or local standards or regulations which regulate the same matters.

          (e)  Nothing in this chapter shall be construed to amend or repeal the provisions of RSA 31:116 relative to manufactured housing foundations in parks and RSA 47:22-b, relative to manufactured housing foundations in parks.

PART Inst 602  DEFINITIONS

          Inst 602.01  Anchoring equipment” means straps, cables, turnbuckles, and chains including tensioning devices, which are used to secure a manufactured house.

          Inst 602.02  Anchoring system” means “anchoring system” as defined by RSA 205-D:1, I.

          Inst 602.03  Data plate” means a plate that provides identification numbers for the house, identifying wind zone, roof load zone and climatic zone. 

          Inst 602.04  Dealer” or “retailer” means “dealer” or “retailer” as defined by RSA 205-D:1, IV.

          Inst 602.05  Diagonal tie” means a tie intended to primarily resist horizontal or shear forces and which may secondarily resist vertical, uplift and overturning forces.

          Inst 602.06  Federal manufactured housing construction and safety standard” means “federal manufactured housing construction and safety standard” as defined by RSA 205-D:1, VI.

          Inst 602.07  Footing” means part of the support system that sits directly on the ground/slab, it is between the ground/slab and the pier not including shims or caps.

          Inst 602.08 “Ground anchor” means a device at the manufactured house stand designed to transfer manufactured house anchoring loads to the ground.

          Inst 602.09 “Installation” means “installation” as defined by RSA 205-D:1, VII.

          Inst 602.10  Installation standards” means “ Installation standards” as defined by RSA 205-D:1, VIII.

          Inst 602.11  Installer” means “installer” as defined by RSA 205-D:1, IX.

          Inst 602.12  Local enforcement agency” means “local enforcement agency” as defined by RSA 205-D:X.

          Inst 602.13 “Manufacturer” means “manufacturer” as defined by RSA 205-D:1, XII

          Inst 602.14  Monolithic slab” means a concrete slab, which includes reinforcement bars along the perimeter of the slab combined with metal or fiberglass mesh for strength.

          Inst 602.15  Pad” means an area, which has been established, for the placement of the house.

          Inst 602.16  Pier” means that portion of the support system between the footing and the manufactured house, exclusive of caps and shims.

          Inst 602.17  Set-up” means the work performed and operations involved in the placement and securing of a manufactured house or any portion thereof.

          Inst 602.18  Site” means “site” as defined by RSA 205-D:1, XIII.

          Inst 602.19  Skirting” means a weather-resistant material to enclose the space from the bottom of the manufactured house to grade.

          Inst 602.20  Stabilizing devices” means all components of the anchoring and support system such as piers, footing, ties, anchoring equipment, ground anchors, or any other materials and methods of construction which supports and secures the manufactured house to the ground.

          Inst 602.21  Support system” means a site built or site assembled system of stabilizing devices which is capable of transferring design loads and live loads required by federal regulation and other design loads unique to local house sites due to wind, seismic and soil conditions that are imposed by or upon the structure into the underlying soil bedrock without failure. It includes a combination of footings, piers, caps, and shims that will, when properly installed, support a manufactured house.

          Inst 602.22  Uncontrolled fill” means fill materials that are placed without control of the content of the fill materials or without adequate compaction to assure a bearing capacity without undue settlement. Uncontrolled fill includes fill materials containing organic matter or fills which are placed without compaction necessary to provide a uniform bearing capacity of 1000 lbs./ft.

PART Inst 603  INSTALLATION STANDARDS

          Inst 603.01  Filing of Installation Manuals.  A manufacturer of manufactured houses which are installed in New Hampshire shall file with the board every installation manual for each line made sold and installed. Subsequent updates or changes in a manual shall be submitted within 30 days from the date of the change, amendment or revision to the manual.

          Inst 603.02  Site Preparation Systems.

          (a)  This section prescribes standards for siting, design and installation of manufactured house support systems. It shall be applicable to all new and relocated manufactured houses when and wherever newly installed at a house site.

          (b)  The house shall be designed to meet the New Hampshire wind, snow roof loads, and climatic conditions as described on the manufactured house data plate.  Houses that are designated on the manufacturer’s data plate in a low pounds per square foot (PSF) snow zone, which includes 30 PSF shall not be installed in a higher roof load zone.

          (c)  The house shall be able to be safely moved to the site, which should be free of branches, holes in the ground and hanging wires to prevent any preliminary damage to the house.

          (d)  A manufactured house support system shall be constructed in accordance with one of the following:

                 (1)       Manufacturer’s installation manual instructions;

                 (2)       Foundation design by a New Hampshire licensed professional engineer or architect; or

                 (3)       This chapter.

          (e)  Site preparation shall be in accordance with general residential construction practices.

          (f)  Houses shall not be constructed in any naturally occurring seasonal drainage swale. In order to prevent moisture under the house, which can cause settling of the support system and deterioration to the house, water shall not be able to accumulate or stand under the house.

          (g)  Gravel or concrete slab under the house shall be crowned 1 to 2 % along the longitudinal center line of the house.

          (h)  All drainage shall be diverted away from the home and must slope a minimum of one-half inch per foot away from the foundation for the first 10 feet. Where property lines, walls, slopes, or other physical conditions prohibit the slope, the site shall be provided with drains or swales or otherwise graded to drain water away from the perimeter of the house.

          (i)  A vapor retarder shall be used above the gravel or below the concrete if the house is enclosed by skirting to keep ground moisture out. If overlap of the polyethylene is required, it shall be at least 12 inches at all joints.

          (j)  The fire separation distance shall be provided, as the state and local authority requires.

          Inst 603.03  Design Requirements including Load-Bearing Capacity.

          (a)  The load a pier can carry shall depend on the house, roof live load, spacing of the piers and the way piers are used to support the house.

          (b)  Pier concrete blocks shall be stacked with their hollow cells aligned vertically.

          (c)  Piers constructed of blocks stacked side by side shall be at right angles to the preceding course.

          (d)  Piers shall be:

                 (1)       Concrete blocks which have a nominal dimension of at least 8 in. x 8 in. x 16 in.; or

                 (2)       Adjustable metal or concrete piers.

          (e)  Manufactured adjustable metal piers shall be labeled for load capacity.

          (f)  Caps shall be used to cap the hollow concrete blocks. All caps shall be of the same length and width as the rest of the piers on which they rest. The caps shall be of solid masonry of at least 4 inches thickness or wood of at least 2 inches of nominal thickness or ½  inch steel on piers of less than 36 inches height.

          (g)  Piers less than 36 inches high may be constructed of single, open and closed cell concrete blocks.

          (h)  Piers between 36 inches and 67 inches high and all corner piers over 3 blocks high shall be constructed out of double interlocking blocks.

          (i) Piers over 67 inches high shall be designed by a licensed New Hampshire professional engineer or architect.

          (j)  Mortar shall not be required for concrete block piers, unless required by the manufacturer installation instructions or design.

          (k)  No caps shall be needed for piers using solid blocks.

          Inst 603.04  Gaps.

          (a)  When gaps occur during installation, pressure treated wood shims having a preventative retention of .60 per cubic foot shall be used to close the gap and level the house.

          (b)  Hardwood shims that are 4 in x 6 in may be used to level the house and fill any gaps between the base of the I-beam and the top of the pier cap.

          (c)  Shims shall be used in pairs and driven tightly so they do not occupy more than one  inch of vertical space. Wood plates no thicker than 2 inches shall be used to fill in any remaining vertical gaps.

          (d)  Manufactured pier heights shall be adjustable risers that do not extend more than 2 inches when finally positioned.

          Inst 603.05  Clearance Under House

          (a)  Minimum clearance of 12 inches shall be maintained beneath the lowest member of the main frame in the area of utility connections.

         (b)  A minimum of 12 inches shall be maintained between the lowest member of the main frame, I-beam or channel beam and the grade under all areas of the home.

          (c)  None of the frame shall come in contact with the ground.

          (d)  Sufficient clearance shall be maintained to allow for interconnection of multi-section units for proper installation of ground anchors.

          Inst 603.06  Design Procedures for Concrete Block Piers.

          (a)  Frame piers less than 36 in. high shall be:

                 (1)       Permitted to be constructed of 3 single core or solid concrete blocks 8 inch x 8 inch x 16 inch; and

                 (2)       Installed so the long sides are at right angles to the I-beam, as set forth in Figure 600-1:

Figure 600-1 Pier Installation, Single Concrete Block

 

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          (b)  All piers over 67 inches shall be designed by a licensed New Hampshire architect or engineer.

          (c)  Piers for exterior wall openings shall be constructed of blocks that are 8in. x 8in. x 16 in.

          (d)  Perimeter piers shall be installed parallel to the perimeter, when required by the manufacturer’s installation instructions.

          (e)  Piers required at marriage line supports, perimeter piers and piers at exterior wall openings shall be permitted to be constructed of single open or closed-cell concrete blocks 8 in. x 8 in. x 16 inches to a maximum height of 54 inches Piers over 54 inches but less than 67 inches  need to be solid grout filled and reinforced with 2 pieces of #5 reinforcement bar as set forth in Figure 600-2:

Figure 600-2  Pier Installation, Double Concrete Block

 

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          (f)  Manufactured piers shall be listed and labeled and installed to manufacturer’s instructions.

          Inst 603.07  Location and Spacing of Piers.  Piers shall be no more than 2 feet from either end and not more than 8 feet center to center under the main frame beams.

Inst 603.08  Perimeter Blocking.  Supports shall be on both sides of side wall exterior doors and other side wall openings greater than 48 inches and under porch posts, factory           Installed fireplaces and wood stoves, unless not required by the manufacturer.

          Inst 603.09  Types of Footings.

          (a)  Footings shall provide equal load-bearing capacity and be resistant to decay.  Footings shall be placed on undisturbed soil or compacted fill.

          (b)  Every pier shall be supported by a footing of the following type:

                 (1)       A pad which shall be a monolithic concrete slab with Fibermix, 3000 pounds per square inch minimum reinforced with 4 rows of number 4 rebar spaced evenly in the first 4 feet of the outer edge  with a bullfloat finish and complies with the following:

                                   a.   Fill shall extend a minimum of 3 inches up the side of the slab;

                          b.  Top soil and all organic soils shall be removed under the slab area;

                          c.  A minimum of 12 inches to 14 inches of sand or gravel compacted; and

                          d.  Shall be at minimum as set forth in Figure 600-3; or

Figure 600-3 Slab Specifications

 

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                 (2)       Below frost footing, which shall be designed by a New Hampshire licensed professional engineer.

          Inst 603.10  Permanent Foundations.

          (a)  Designs for permanent foundations such as basements, crawl spaces or load-bearing perimeter foundations shall be permitted.

          (b)  An open porch shall not be installed over a basement or other enclosed space.

          Inst 603.11  Special Considerations.  Special elevations and anchoring techniques shall be required in a flood zone.

          Inst 603.12  Anchoring Instructions, Security Against Wind.

          (a)  After blocking and leveling the home, the installer shall secure the house against wind. The anchoring and foundation system shall be capable of meeting the loads required by 24 CFR 3280 & 3282 in effect.

                  (b)  Anchors shall be capable of resisting a minimum total load capacity of 4725 lbs. and a working capacity of 3150 lb. Anchors and anchoring equipment shall be certified by an engineer or tested to national standards and installed as specified by the anchor manufacturer.

          (c)  Tie-down straps shall conform to the following:

                 (1)       Cable or steel strap with a breaking strength of at least 4, 725 lbs. shall be galvanized aircraft cable at least ¼ inches diameter or Type 1, finish B, grade 1 steel strapping 1 ¼ inches wide and 0.03” thick, conforming to the American Society for Testing and Materials (ASTM) D3953-91; and

                 (2)       Galvanized connection devices such as turnbuckles, eyebolts, strap buckles and cable clamps shall be rated at 3,150 working load minimum.

                  (d)  Installers shall use diagonal tie downs in both transverse and longitudinal directions for single wide and doublewide houses.

                  (e)  The number of anchors and spacing of anchors shall conform to manufacturer’s installation instructions.

                  (f)  Each anchor shall be manufactured and installed in accordance with NFPA 225, 2005 edition.

        (g)  If side-wall or over the roof straps are installed on the house, they shall be connected to an anchoring device.

          Inst 603.13  Installation Close-up and Finishing.

                  (a)  Skirting shall be made out of weather resistant material. It shall not be attached in a manner that can cause water to be trapped between the siding and trim.

                  (b)  Ventilation shall be provided for the crawl space with skirting at a minimum of 1 ft ² of free area for every 600 ft². of house area floor.

                  (c)  Access openings not less than 18 inches in width and 24 inches in height and not less than 3 square feet shall exist so water supply and sewer drain connections located under the house are accessible for inspections. For the purpose of this section, openings shall include doors, hatches or removable panels.

                  (d)  Dryer vents, water heater overflow drains, air conditioning condensation drains shall pass through the skirting to the outside. They shall vent into the atmosphere to ensure moisture is carried beyond the perimeter of the house.

          Inst 603.14  Utility Connection and Testing.

          (a)  The installer shall consult with the authority having jurisdiction before connecting the manufactured house to utilities.

          (b)  Individuals familiar with local and state codes shall be permitted to make utility site connections and conduct tests.

          (c)  All utility, or exterior utility installations shall conform with the state fire code, Saf-C 6000 and the state building code pursuant to RSA 155-A.

CHAPTER Inst 700  ALTERNATIVE DISPUTE RESOLUTION PROGRAM

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PART Inst 701  PURPOSE

          Inst 701.01 Purpose.  The purpose of this chapter is to provide a dispute resolution program for the timely resolution of disputes between manufacturers, retailers, installers and consumers of manufactured housing relative to the installation of manufactured housing and the correction or repair of defects in manufactured houses that are reported during the one year period beginning on the date of installation.

PART Inst 702  ALTERNATIVE DISPUTE RESOLUTION

          Inst 702.01  Availability.

          (a)  Any manufacturer, retailer, consumer, or installer may request an alternative dispute resolution for the resolution of disputes between a manufacturer, retailer or installer, including but not limited to neutral evaluation and mediation as methods of resolving the matter.

          (b)  In accordance with RSA 541-A:31 and 38, the board shall provide a choice of alternative dispute resolutions, including but not limited to those identified in this part in order to encourage informal settlement.

          (c)  Methods of alternative dispute resolution shall not be mandatory for any party nor shall such evaluation impair either party’s right to a due process hearing. At a pre-hearing conference the parties shall be given the opportunity to discuss and decide whether or not they wish to submit to alternative dispute resolution.

          (d)  If neutral evaluation is chosen the procedure shall be governed by Inst 702.04.

          (e)  If mediation is chosen the procedure shall be governed by Inst 702.05.

          (f)  If non-binding arbitration is chosen the procedure shall be governed by Inst 702.06.

          Inst 702.02  Neutrals.

          (a)  For the purpose of this section, a neutral means neutral evaluators, mediator, or arbitrators.

          (b)  All neutrals shall be attorneys or hearing examiners approved by the board. If a private neutral is employed the parties shall bear all expense of alternative dispute resolution.

          (c)  In approving neutrals, the board shall require:

                 (1)       All neutrals evaluators, mediators, arbitrators shall be attorneys admitted to practice in New Hampshire in good standing;

                 (2)       Neutral evaluators shall be attorneys who have a minimum of 5 years experience in litigation in the subject matter areas to which they may be assigned as neutral evaluators; and

                 (3)       Experience in performing quasi judicial roles, including but not limited to 20 hours experience in alternative dispute resolution or 5 years in quasi judicial role.

          (d)  Each neutral shall perform under the auspices of the board.  Neutrals may not be called as a witness in any subsequent proceeding relating to the party’s negotiations and his or her participation.

          Inst 702.03  Admissibility.

          (a)  Information, evidence or the admission of any party or the valuation placed on the case by any neutral shall not be disclosed or used in any subsequent proceeding.  Statements made and documents prepared by a party, attorney, or other participant in aid of such proceeding shall be privileged and not disclosed to any court or arbitrator for any purpose as an admission against interest.

          (b)  All the alternative dispute resolution options shall be non-binding alternative dispute resolution proceedings and shall be deemed settlement conferences.  There shall be no record of any proceedings under alternative dispute resolution and the mediator or evaluator shall destroy all of his or her notes immediately after the proceedings.

          (c)  Evidence otherwise admissible at trial shall not be rendered inadmissible as a result of its use in the ADR proceeding.

          Inst 702.04  Neutral Evaluation Procedure.

          (a)  For the purposes of this rule, a “neutral evaluator” means a person not engaged as a party on either side of the dispute and not aligned with a political or ideological grouping with a special interest in the matters being evaluated.

          (b)  If both parties agree to attempt to settle differences through neutral evaluation, the board shall schedule such evaluation.

             (c)  There shall be no record made of the neutral evaluation except only the date and names of the participants shall be recorded.

          (d)  Once the neutral evaluation process has been selected, the board shall provide the parties with resumes of 3 neutral evaluators.  The parties shall agree to the selection of one neutral evaluator to preside at the evaluation.

         (e)  The following criteria shall apply to the selection of a neutral evaluator:

                 (1)       The neutral evaluator shall not have personal knowledge of any of the parties; and

                 (2)       The neutral evaluator shall disclose any circumstances likely to create a conflict of interest, the appearance of a conflict of interest, a reasonable inference of bias, or likely to prevent the process from proceeding as scheduled.

          (f)  If the neutral evaluator withdraws, has a conflict of interest, or is otherwise unavailable, a replacement neutral evaluator shall be appointed by the board to hear and decide the issue.

          (g)  The neutral evaluator shall not act as a legal advisor or legal representative.

          (h)  Following the selection of a neutral evaluator, the board shall:

                 (1)       Schedule the neutral evaluation;

                 (2)       Provide the parties with the neutral evaluator’s name and address;

                 (3)       Provide the time, date, and place of the neutral evaluation; and

                 (4)       Specify the date by which the parties shall furnish the neutral evaluator with required information and documentation.

          (i)  Not less than 5 days prior to the neutral evaluation, the parties shall submit to the neutral evaluator and exchange a summary of the significant aspects of their case.  The parties shall attach to the summary copies of all documents on which they rely.  Such summaries shall be not more than 4 pages.

          (j)  Parties shall not communicate with the neutral evaluator concerning their case outside of the neutral evaluation.

          (k)  At the neutral evaluation, the parties shall be present and shall have authority to approve settlement.

          (l)  If the neutral evaluator deems it necessary, such neutral evaluator shall request additional written information prior to the evaluation from either party. 

          (m)  At the neutral evaluation, the neutral evaluator may address questions to the parties and shall allow each party no more than 30 minutes to complement their written summaries with a brief oral statement.  The evaluation shall be limited to not more than 2 hours.

          (n)  The neutral evaluator shall issue an oral opinion following the conference with a written report mailed to the parties within 48 hours of the conference excluding Saturday, Sunday, or a holiday.  The opinion shall contain a suggested settlement or disposition and the reasons therefor.

          (o)  If the neutral evaluation results in agreement, the conclusions shall be incorporated into a written binding agreement signed by each party.

          (p)  If the neutral evaluation does not result in agreement, the neutral evaluator shall document only the date and the participants at the meeting.

          (q)  The neutral evaluator shall advise the board that the neutral evaluation has taken place.

          Inst 702.05  Mediation Procedure.

          (a)  A request for mediation shall be made in writing by either party to the board.  The mediation request shall specify the issue or issues in dispute and the relief sought.

          (b)  Once the mediation procedure is selected, the board shall provide the parties with the name and address of a mediator who has a minimum of 20 hours of mediation training or a hearings examiner with 5 years experience in a quasi judicial role. 

          (c)  All mediation sessions shall be conducted at the joint board office. The board shall establish the time and date for the session.

          (d)  A mediation conference shall be conducted within 30 calendar days after receipt of a written request in order to:

                (1)  Determine issues;

                 (2)       Explore options; and

                 (3)       Suggest an equitable resolution to the dispute.

        (e)  The role of the mediator shall be:

                 (1)       To facilitate communication;

                 (2)       To define the issues and explore possible resolutions to the dispute;

                 (3)       To remain neutral; and

                 (4)       To insure that parties openly, freely, and candidly discuss the strengths and weaknesses of their positions with the mediator.

          (f)  Information provided to the mediator in private discussion shall be confidential and shall not be divulged to the opposing side unless specifically authorized.

          (g)  The mediator shall not have the authority to render a decision or impose a settlement on the parties.

          (h)  The mediation conference shall consist of a session or sessions with the parties and their counsel, if available, to facilitate a settlement acceptable to the parties.

          (i)  Not later than 10 days prior to the session the parties shall submit to the mediator and exchange a summary of the significant aspects of their case.  The parties shall attach to the summary copies of all documents on which they rely; such summaries shall be not more than 4 pages.

          (j)  Upon receipt of a party’s submission, any party may send additional information responding to that submission. All such responsive submissions shall be exchanged with the opposing party and shall contain a statement of compliance with the exchange requirement.

          (k)  If resolution cannot be achieved on the date assigned, the mediator shall continue the mediation process, either with additional in-person mediation sessions or telephone conferences.

          (l)   Within 30 days of the initial mediation session, the mediator shall file a report with the board advising that the case has been settled, that meditation is ongoing, or that mediation failed to resolve the dispute.

          (m)  The mediator shall file a final report with the board within 3 days of the final mediation session.

          Inst 702.06  Non-binding Arbitration Procedure.

          (a)  A request for non-binding arbitration shall be made in writing by either party to the board.  The arbitration request shall specify the issue or issues in dispute and the relief sought.  If both parties agree to arbitration, it shall be used to attempt to resolve the dispute.

          (b)  Once non-binding arbitration is selected, the board shall provide the parties with the name and address of the arbitrator, who has a minimum of 20 hours of arbitration training.  The board shall also establish the time and date for the session.  The session shall be conducted at the joint board office.

          (c)  At the session, the following shall apply:

                 (1)       Each party shall be limited to one hour to present his or her case;

                 (2)       Direct examination and cross-examination shall be limited to the parties or their representatives;

                 (3)       The arbitrator shall be permitted to ask questions;

                 (4)       Formal rules of evidence shall not apply; and

                 (5)       If the arbitrator permits closing arguments, each party shall be limited to 5 minutes.

          (d)  Not less than 10 days prior to the session, the parties shall submit to the arbitrator and exchange a summary of the significant aspects of their case.  The parties shall attach to the summary copies of all documents on which they rely.  Such summaries shall be not more than 4 pages.

         (e)  Upon receipt of an opposing party’s submission, the party may send additional information responding to that submission.  All such responsive submissions shall be exchanged with the other party and shall contain a statement of compliance with the exchange requirements.

          (f)  Within 5 days after the session, the arbitrator shall file a ruling with the parties and the board.  The ruling shall include a brief explanation of the reasons for the arbitrator’s conclusion.

*The Joint Board makes no warranty, express or implied, as to whether this document is correct,
 complete, up-to-date, or as to any other relative fact. Independent verification of the contents is
essential. Pagination may differ slightly from the original.

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