NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES*NH JOINT BOARD
INSTALLATION STANDARDS BOARD
For PDF Copies Use the Links below:
OR the entire text of the rules is contained in the document below.
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
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 102.02 Dealer
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
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
PART Inst 201 PURPOSE
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
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
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
Section Inst 210.01 Motion
for Reconsideration or Rehearing
Section Inst 210.02 Stay of
Board Orders
PART Inst 211 CONSOLIDATION
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
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
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
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
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
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
PART Inst
102 DEFINITIONS OF TERMS
Inst 102.01 “Board”
means “board” as defined in
Inst 102.02 “Dealer”
means “dealer ” as defined in
Inst 102.03
“Installer” means “installer” as defined in 205-D:1,IX.
Inst 102.04 “Manufacturer” means “manufacturer” as defined in
Inst 102.05
“Manufactured housing” means “manufactured housing” as defined in
PART Inst
103 ORGANIZATION
(a) Pursuant to
(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
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,
(b)
Correspondence shall be addressed to the board’s executive director at:
New Hampshire
57 Regional Drive
Concord ,
N.H.
03301
(c)
The board’s telephone number shall be
Inst 103.06
Duties of the Board.
(a) The statutory
responsibilities of the board created by
(1) Adopting rules and
regulations to administer
(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
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
(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
(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
PART Inst
201 PURPOSE
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
(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
(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
(k) “Order” means
“order” as defined by
(l) “Party” means
“party” as defined by
(m) “Person” means
“person” as defined by
(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
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
(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
(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
(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
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
PART Inst 208
COMPLAINTS
Inst 208.01
Complaints.
(a)
Complaints pursuant to
(b)
Complaints pursuant to
(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
(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
(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
(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
(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
(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
(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
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
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
(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
(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
(f) Pursuant to
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
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
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
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
(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
(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
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
(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
PART Inst
301 INSTALLATION LICENSE
Inst 301.01
License Required.
No person shall install a manufactured house in
Inst 301.02
Qualification for Licensure.
(a) An applicant seeking to
install manufactured housing in
(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
(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
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
(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
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
(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
(f) The surety bond
shall name as obligee “Treasurer, State of
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
(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
Manufactured
Housing Installation Standards Board
NH Joint Board
57 Regional Drive
(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
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
(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
(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.
PART Inst
401 WARRANTY SEAL
Inst 401.01
Warranty Seal Required.
(a)
Pursuant to
(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
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
(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
(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
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
(b)
A person ordered to correct a deficiency by an inspector because
of a violation of any rule provision in Inst 600 or
(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
PART Inst
601 PURPOSE
Inst 601.01
Purpose.
(a)
The purpose of this chapter is to assure the proper installation
of a manufactured
house as defined by
(b) Installers have
the option of installing in accordance with:
(1) This chapter; or
(2) A design
prepared by a
(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
(2)
Pre-site built housing as defined in
(3)
Modular buildings as defined in
(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
(b)
The standards pursuant to Inst 600 shall not apply to:
(1)
Sites that are already occupied as of
(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
(d)
Manufactured housing, which is installed in compliance with
(e)
Nothing in this chapter shall be construed to amend or repeal the
provisions of
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
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
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
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
Inst 602.10
“Installation standards” means “ Installation standards” as
defined by
Inst 602.11
“Installer” means “installer” as defined by
Inst 602.12
“Local enforcement agency” means “local enforcement agency” as
defined by
Inst 602.13
“Manufacturer” means “manufacturer” as defined by
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 70-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
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
(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
(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
(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
(b)
All piers over 67 inches
shall be designed by a licensed
(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
(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
(2)
Below frost footing, which shall be designed by a
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
(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
(
(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
CHAPTER Inst
700 ALTERNATIVE DISPUTE
RESOLUTION PROGRAM
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
(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
(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.
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.