Part 1.
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
Chapter 80.
MANUFACTURED HOUSING
The Texas Department of Housing and Community Affairs (Department)
proposes new §80.124, and §80.136 and amendments to §§80.11,
80.20, 80.51, 80.52, 80.54, 80.55, 80.56, 80.62, 80.63, 80.66, 80.119, 80.121,
80.122, 80.123, 80.128, 80.130, 80.132, 80.135, 80.180, 80.202, 80.204, 80.205,
80.207, and 80.208 concerning the Manufactured Housing Rules.
Section 80.11 is amended to add new definitions and revise existing definitions
related to manufactured housing.
Section 80.20 is amended to provide clarification of required fees for
installation reports, seals, education fee, reinspection of consumer's home
and habitability inspections.
Section 80.51 is amended because a provision was needed for manufacturers
to file their installation manuals electronically, if they desired, and a
sentence was reworded so that an installer will not mistakenly believe that
an engineer could approve a wind zone I home, built after September 1, 1997,
for installation in a wind zone II county.
Section 80.52(a) is amended to more clearly describe permanent foundation
system characteristics. Section 80.52(b) is amended to explain how manufactured
homes installed and acquired before January 1, 2002 may become real estate
by borrower/lender or homeowner certifications. If a certification will be
by the homeowner only, the certification must show compliance with local ordinances
if applicable. This rule will help avoid the cancellation of home titles for
homes installed with conditional use zoning permits. Lenders may know this
requirement, but a consumer probably does not.
Section 80.54 is amended to clarify standards for installation of manufactured
homes. The site preparation responsibilities are amended in §80.54(b)
because the responsibility for site preparation and proper drainage will differ
depending on specific circumstances. For example, when a consumer contracts
to have the home installed on a lot owned by the consumer, the consumer has
the site preparation and drainage responsibility; however, the retailer will
be responsible if the home is installed before it is sold. Also, §80.54(b)
is amended to allow installers to follow instructions for the home, specifications
of an approved stabilization system, or the generic standards. Section 80.54(d)(6)
is amended to decrease the required size of shims from at least 4-inches to
a minimum of 3-inches because several shim producers reported that they do
not make a 3.5 or 4-inch wide shim.
Figure: 10 TAC §80.54(d)(4). Notation number 5 is added to Table 3A
referencing the correct American Society for Testing and Materials (ASTM)
standard and defines actual block dimensions that are 3/8 inch less than the
nominal dimensions.
Figure: 10 TAC §80.54(d)(6). Notation number 1 and 2 are revised because
inspectors need a reference to cite after observing damaged support system
components. The specifications in Pier A are updated because the present wording
is incorrect and conflicts with the drawing. Plate size is updated in Pier
A and B drawings because installers need another plate size to make up a pier
height.
Figure: 10 TAC §80.54(d)(6)(C). Updated number 1 in the notation section
in Figure 3C because installers need a method when the front face of the perimeter
pier is flush with the perimeter joist.
Section 80.55(b) is amended for inspectors to have a way to identify conforming
tie-down straps when inspecting the installation of manufactured homes. Section
80.55(d) is amended for installers to have a standard for the number of longitudinal
ties per end when cross-drive rock anchors are used in difficult soil. Section
80.55(e) is amended to correct an inaccurate reference relating to standards
for the installation of manufactured homes. Section 80.55(f) is amended to
more clearly describe the requirements for longitudinal ties.
Figure: 10 TAC §80.55(c)(2). Updated number 1 in the notation section
regarding placement of stabilizing plates because the illustration does not
describe the diameter of the concrete collar.
Figure: 10 TAC §80.55(d)(2). Increased the maximum vertical distance
in the wind zone I table up to a pier height of 80 inches and revised numbers
1 through 9 in the notation section for clarity.
Figure: 10 TAC §80.55(d)(3). The revisions are non-substantive (only
changed the formatting).
Figure: 10 TAC §80.55(e)(1). Revised Table 5a concerning the maximum
spacing for diagonal ties per side of the assembled unit by increasing the
maximum vertical distance in the table up to a pier height of 80 inches and
revised numbers 1 through 9 in the notation section for clarity.
Figure: 10 TAC §80.55(f)(4). The revisions are non-substantive (only
changed the formatting).
Figure: 10 TAC §80.55(f)(6)(D). Revised figure 1 and 2 notations in
the longitudinal ties drawing for clarify.
Section 80.56(a) is amended to clarify the types of material that are appropriate
air and water infiltration barriers. Section 80.56(d) is amended to correct
inaccurate references in paragraphs (1) and (4).
Figure: 10 TAC §80.56(a)(4). Relocated drawing from §80.56(a)(3)
and made non-substantive revisions (only changed the formatting).
Figure: 10 TAC §80.56(c)(2). Revised the text in the endwall connections
drawing for clarity.
Figure: 10 TAC §80.56(d)(4). The current reference is incorrect in
the roof connection drawing.
Figure: 10 TAC §80.56(h)(1). The revisions are non-substantive (only
changed the formatting).
Section 80.62(a) is amended to explain that we will accept certification
reports that are smaller than 8.5 by 11 inches. Amendments to §80.62(d)
and (e) are needed because the present wording is not clear and the referenced
codes have been revised.
Section 80.63(c) is amended to include preservative treated wood components
as approved materials as long as they conform to standards set by the American
Wood Preserver's Association. Amendment to §80.63(e) updates the publication
reference that sets standards for certain types of stabilizing systems.
Section 80.66(e) is amended to explain that a damaged home may be refurbished
to its original structural configuration, if not damaged enough to be declared
salvage.
Section 80.119(c) is amended to reflect the updated cite referenced in
the Standards Act. Section 80.119(f) is deleted because the procedure is no
longer used. Section 80.119(f) is amended to delete the procedures for the
obsolete Installation Report (Form T) and add a procedure for the Notice of
Installation Affidavit. Section 80.119(g) is amended to describe the procedures
when the installer selects the department, a local government, or other inspectors
to inspect the permanent foundation before concealment. Section 80.119(h)
is amended to describe the procedure when the installer installs a manufactured
home as personal property on land not owned by the consumer.
Section 80.121(a) is amended to require the retailer to at least summarize
the contents of the warranties to the consumer before the contract or binding
agreement is signed. Section 80.121(a) and (b) is amended to describe the
retailer record keeping responsibilities. Section 80.121(c) is added so that
the department may prosecute retailers who knowingly sell new or used manufactured
homes to consumers in unsuitable zones.
Section 80.122(a) is amended to expound on security requirements that are
also mentioned in the Standards Act.
Section 80.123(a) - (c) are amended to add the requirement to identify
the corporate business name and corporate structure. Section 80.123(d) is
amended because the rebuilders are considered licensed instead of certified.
Section 80.123(e) is amended to require Articles of Incorporation or Assumed
Name Certificate and correct a section reference. Section 80.123(f) is amended
to limit the time that a temporary installer's license is valid to 30 calendar
days and to allow a homeowner to install their homes by the generic installation
standards. Section 80.123(g) is amended to clarify the requirements for a
salesperson's license, identifies who may act as a salesperson and allows
the department to track the salespersons that change their employer. Section
80.123(h) is amended to prevent a duplicate license. Section 80.123(j) is
added to outline the requirements for a nonprofit educational institution
or foundation to be approved for conducting a training program as sanctioned
by the Standards Act, §7(q). Section 80.123(k) is added because a non-compliance
history is an important factor in determining whether to deny, suspend or
revoke a license. Section 80.123(k) is amended to prevent license renewals
from being in a pending status indefinitely. Section 80.123(n) is amended
to delete information that is no longer necessary.
New §80.124 details requirements for retaining deposits and down payments.
The new rule is necessary to prevent improper deposit and down payment practices.
Section 80.128 is amended to fully define department.
Section 80.130(a) - (c) are amended to describe in more understandable
terminology the requirements for delivery of warranty.
Section 80.132 is amended to comply with current consumer complaint requirements
in the Standards Act and the Federal Manufactured Home Procedural and Enforcement
Regulations concerning procedures for handling consumer complaints.
Section 80.135(a) is amended to clarify that a salvaged home or a home
that is not habitable may not be auctioned to a consumer as a dwelling.
New §80.136 is added to describe the property classification procedures
for manufactured homes acquired and installed after January 1, 2002.
Section 80.180(b)(1) is amended regarding the formaldehyde notice requirements
to delete information that is covered in new §80.124 (relating to Deposits
and Down Payments).
Section 80.202(a) is amended to clarify that there is a fee for reissuance
of a certificate of attachment. Also that cancellations and quick titles are
separate processes. Cancellations involve a unique process that cannot be
accomplished within the quick title timeframe. Therefore, we need to require
that quick title applications arrive by overnight mail or delivered in-person
because it is impossible to ferret out the quick title applications when submitted
by regular mail. Section 80.202(b) is amended to add that a fee of $35 is
required for reissuance of a certificate of attachment. Section 80.202(c)
is amended to add that the department will accept company or business firm
checks in payment of the fee for issuance of a license. Section 80.202(d)
is amended to omit the fee amount of $35 because the fee could be different.
Section 80.204(b) is amended to lessen the restriction that may have caused
the department to reject more title applications for lack of completeness
than necessary. Section 80.204(b)(5) describing the right of survivorship
is deleted because it is outlined in the Standards Act. Section 80.204(b)(6)
explains that the fees will also be submitted along with the application to
the Austin headquarters for processing. Section 80.204(c) is amended to require
that a map be included in the installation information furnished to the department.
Section 80.204(d), describing the information found on a document of title,
is amended to omit the space available for the signature of the purchaser
because the title is no longer transferable in this manner.
Section 80.205(c) is amended to clarify filing of the inventory-finance
security form. Section 80.205(d) is amended because the department can consider
other documents for release of lien other than Form B (Release of Lien or
Foreclosure of Lien). Section 80.205(g) is deleted because the right of survivorship
is outlined in the Standards Act.
Section 80.207(a) is amended to clarify when a canceled document of title
may be reinstated.
Section 80.208(b) and (c) are deleted because the four-part form format
is no longer used for recording tax liens. The updated format coincides with
the Standards Act.
Bobbie Hill, Director of the Manufactured Housing Division of the Texas
Department of Housing and Community Affairs, has determined that for the first
five-year period that these sections as proposed are in effect there will
be no fiscal implications for state or local government as a result of enforcing
or administering these sections.
Ms. Hill also has determined that for each year of the first five years
the sections as proposed are in effect the public benefit as a result of enforcing
the sections will be: clarification of rules that will increase compliance;
improved quality of home installation; improved consumer complaint procedures;
and increased safety and durability of homes. The public benefit/probable
economic costs for each section of the rules is as follows:
The amendments of §§80.11, 80.51, 80.52, 80.54 are expected to
have no economic costs to persons/businesses who are required to comply with
these sections as proposed.
The amendments of §80.20 concerning increased licensing fees are expected
to have economic costs of $150 per year for each license holder with three
licenses.
The amendment of the Act, effective January 1, 2002, says a manufactured
home is considered permanently attached to real property if the home is secured
to a foundation and connected to a utility. Therefore, the amendment to the
Act causes more home installations to be defined as permanent and more $100
reporting fees are required.
The amendment of §80.55(b)(1) will benefit consumers by increasing
the quality and safety of the home installation by requiring the tie-down
straps to be marked every five feet with the marking described by the certifying
engineer or architect. There will also be a benefit to the inspectors because
they need a way to identify conforming tie-down straps when inspecting the
installation of manufactured homes. The cost impact on licensed installers
will be small, since installers will buy strapping from producers who have
always produced marked strapping. Producers who do not presently produce strapping
marked every five feet will have to spend money on machinery to mark strapping,
if the producers want to sell strapping to licensed installers.
The amendments of §80.55(d)(2), (d)(4)(A) and (f) will benefit consumers
because the proposed revisions to the generic standards will require longitudinal
ties for all homes installed in Wind Zone I, which will increase the stability
of the home installation. For most homes, there will be four longitudinal
ties per home section. The anchor, tie, and associated installation labor
cost about $20 per longitudinal tie. The cost impact for a home section will
be about $80.
The amendments of §80.55(e)(1) and (f) will benefit consumers because
installers will be required to use from four to six longitudinal ties for
each home section installed in Wind Zone II. The anchor, tie, and associated
installation labor cost about $20 per longitudinal tie. The cost impact for
a home section will be about $80 to $120.
The amendments of §§80.56, 80.62, 80.63, 80.66, 80.119, 80.121,
and 80.122 are expected to have no economic costs to persons/businesses who
are required to comply with these sections as proposed.
The amendment of §80.123 will benefit license holders by clarifying
the licensing requirements. There may be a minimal cost to the manufacturer,
retailer, and broker to comply with §80.123(a), (b) and (c)(1) because
they must obtain the Article of Incorporation or Assumed Name Certificate
for submitting with their license application.
New §80.124 will benefit consumers because it will help to prevent
improper deposit and down payment practices. There are expected to be no economic
costs to persons/businesses who are required to comply with the section as
proposed.
The amendments of §§80.130, 80.128, 80.132, 80.135, 80.180, 80.202,
80.204, 80.205, 80.207, and 80.208 are expected to have no economic costs
to persons/businesses who are required to comply with these sections as proposed.
New §80.136 is expected to have no economic costs to persons/businesses
who are required to comply with these sections as proposed.
Comments may be submitted to Ms. Bobbie Hill, Director of the Manufactured
Housing Division, of the Texas Department of Housing and Community Affairs,
P.O. Box 12489, Austin, Texas 78711-2489 or by e-mail at the following address
bhill@tdhca.state.tx.us. The deadline for comments is 30 days after publication
in the
Texas Register
.
Subchapter B. DEFINITIONS
10 TAC §80.11
The amended section is proposed under the Texas Manufactured
Housing Standards Act, Texas Civil Statutes, Article 5221f, §9, which
provides the department with authority to amend, add, and repeal rules governing
the Manufactured Housing Division of the department and under Texas Government
Code, Chapter 2306, §2306.603, which authorizes the director to adopt
rules as necessary to administer and enforce the manufactured housing program
through the Manufactured Housing Division.
No other statute, code, or article is affected by the proposed amendments.
§80.11.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise:
(1) - (5)
(No change.)
(6)
Board--Governing Board of the Manufactured
Housing Division of the Texas Department of Housing and Community Affairs.
(7)
[
(8)
[
(9)
[
(10)
[
(11)
Covenant Disclosure Notice Affidavit--Disclosure
to consumer by retailer and lender required pursuant to §21 of the Standards
Act.
(12)
[
(13)
[
(A)
extends or arranges the extension of credit; or
(B)
is a retailer or broker as defined in the Standards Act
and participates in arranging for the extension of credit.
(14)
Creditor-Lender--A person that is involved
in extending or arranging for credit in inventory financing secured by manufactured
housing.
(15)
[
(16)
[
(17)
[
(18)
[
(19)
Department inspector--An inspector who
is an employee of the Manufactured Housing Division of the Texas Department
of Housing and Community Affairs or an inspector who is an employee of an
entity performing inspection services under contract with the department.
(20)
Deposits--Money or other consideration
given by a consumer to a retailer, salesperson, or agent of a retailer to
hold a home in inventory for subsequent purchase or to special order a home
for subsequent purchase.
(21)
[
(22)
[
(23)
Document of Title--The instrument issued
by the department to reflect the ownership of a manufactured home and any
liens on such home as provided by the records of the department.
(24)
Down Payment--An amount, including the
value of any property used as a trade-in, paid to a retailer to reduce the
cash price of goods or services purchased in a credit sale transaction.
(25)
[
(26)
[
(27)
[
(28)
[
(29)
[
(30)
[
(31)
[
(32)
[
(33)
[
(34)
Lien--A security interest that is created
by any kind of lease, conditional sales contract, deed of trust, chattel mortgage,
trust receipt, reservation of title or other security agreement of whatever
kind or character, if an interest, other than an absolute title, is sought
to be held or given in a manufactured home, and any lien on a manufactured
home that is created or given by the constitution or a statute.
(35)
[
(36)
[
(37)
[
(38)
[
(39)
[
(40)
Notice of Attachment--Notice as defined
in §19(l) of the Standards Act that may be filed in property records
of the county in which the home is located by a person before department can
issue Certificate of Attachment when home is affixed or becomes an improvement
to real estate.
(41)
Notice of Improvement Attachment--Notice
as defined in §19(l) of the Standards Act that must be filed in property
records of the county in which the home is located by a title insurance company
before department can issue Certificate of Attachment when home is affixed
or becomes an improvement to real estate.
(42)
[
(43)
[
(44)
[
(45)
[
(46)
Refurbish--To make a nonhabitable manufactured
home or section habitable by repairing, adding, replacing, modifying, or removing
components.
(47)
[
(48)
[
(49)
[
(50)
[
(51)
[
(52)
[
[(42)
TDHCA inspector--An inspector who is
an employee of the department or an inspector who is an employee of an entity
performing inspection services under contract with the department.]
(53)
[
(54)
[
(55)
[
(56)
[
(57)
[
(58)
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on March 25, 2002.
TRD-200201856
Bobbie Hill
Executive Director, Manufactured Housing Division of TDHCA
Texas Department of Housing and Community Affairs
Proposed date of adoption: May 5, 2002
For further information, please call: (512) 475-2206
10 TAC §80.20
The amended section is proposed under the Texas Manufactured
Housing Standards Act, Texas Civil Statutes, Article 5221f, §9, which
provides the department with authority to amend, add, and repeal rules governing
the Manufactured Housing Division of the department and under Texas Government
Code, Chapter 2306, §2306.603, which authorizes the director to adopt
rules as necessary to administer and enforce the manufactured housing program
through the Manufactured Housing Division.
No other statute, code, or article is affected by the proposed amendments.
§80.20.Fees.
(a)
Annual License Fees
and Renewal Fees
:
(1)
$425
[
(2)
$275
[
(3)
$275
[
(4)
$175
[
(5)
$175
[
(6)
$100
[
(b)
Installation Fees:
(1)
There is a
reporting
fee of $20 for the installation
of each manufactured home which is not installed on a permanent foundation.
(2)
There is a
reporting
fee of $100 for the installation
of a manufactured home
permanently affixed to real estate or
on
a permanent foundation.
(3)
Installation fees shall be submitted to the department
as follows:
(A)
When the installation occurs in conjunction with a title
transfer, the fee must be submitted to the department along with the application
for title and the
Notice of Installation Affidavit
[
(B)
For secondary moves (when there is no title transfer),
the fee must be submitted to the department along with a completed
Notice
of Installation Affidavit
[
(4)
(No change.)
(c)
(No change.)
(d)
Seal Fee: There is a fee of $15 for the issuance of Texas
Seals. Any person who sells, exchanges, lease purchases, or offers for sale,
exchange, or lease purchase a used HUD-Code manufactured home manufactured
after June 15, 1976, that does not have a HUD label affixed, or a used mobile
home manufactured prior to June 15, 1976, that does not have a Texas Seal
affixed shall file an application to the department for a Texas Seal. The
application shall be accompanied by the seal fee of $15
per section
made payable to the department.
(e) - (f)
(No change.)
(g)
Education Fee: Each attendee at the course of instruction
in the law and consumer protection regulations for license applicants shall
be assessed a fee of
$250
[
(h)
Habitability Inspection:
(1)
There is a fee of $100 for the inspection of a manufactured
home which is to be titled for use as a residence after the title has been
previously canceled for
business use or to become real estate
[
(2)
There is a fee of $125 for the plan review and inspection
of a salvaged manufactured home which
is to be
[
(i)
Consumer Complaint Inspection:
(1)
(No change.)
(2)
There is a fee of $100 for the reinspection of a consumer's
home. [
(j)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on March 25, 2002.
TRD-200201857
Bobbie Hill
Executive Director, Manufactured Housing Division of TDHCA
Texas Department of Housing and Community Affairs
Proposed date of adoption: May 5, 2002
For further information, please call: (512) 475-2206
10 TAC §§80.51, 80.52, 80.54 - 80.56, 80.62, 80.63
The amended sections are proposed under the Texas Manufactured
Housing Standards Act, Texas Civil Statutes, Article 5221f, §9, which
provides the department with authority to amend, add, and repeal rules governing
the Manufactured Housing Division of the department and under Texas Government
Code, Chapter 2306, §2306.603, which authorizes the director to adopt
rules as necessary to administer and enforce the manufactured housing program
through the Manufactured Housing Division.
No other statute, code, or article is affected by the proposed amendments.
§80.51.Manufactured Home Installation Requirements.
(a)
The following tasks are the responsibility of the manufacturer:
(1)
Manufacturers shall file with the department copies, in
the number specified by the department, of installation instructions approved
by the manufacturer's DAPIA. DAPIA approval stamps, engineer or architect
approval stamps, and the installation manual effective date shall be on each
page of the installation instructions or on the cover pages of bound installation
manuals
, unless an equivalent method of authentication is used for electronically
filed documents
.
(2) - (3)
(No change.)
(b) - (c)
(No change.)
(d)
In lieu of the requirements of subsections (b) and (c)
of this section, a manufactured home or an identified class of manufactured
homes may be installed at a particular area with similar soil properties according
to county soil survey or other geotechnical reports in accordance with a custom
designed stabilization system drawing that is stamped by a Texas licensed
professional engineer or architect. A custom designed stabilization system
may or may not meet the definition of a permanent foundation, but
must
meet the wind loading requirements of zone II in order to be installed in
wind zone II, and
a copy of the stabilization system drawing must be
forwarded to the department along with the installation report. It must be
reported on the permanent foundation installation inspection report form and
sent to the department at least ten (10) working days prior to the date of
construction, along with the required fee, if the bottoms of the footings
or piers are embedded more than 24 inches below the finished natural grade
or engineered fill.
§80.52.Permanent Foundation Criteria.
(a)
The permanent foundation system shall be either:
(1)
(No change.)
(2)
placed at an adequate depth below grade to prevent
structural damage from
frost
heave
[
(3) - (6)
(No change.)
(7)
designed in accordance with accepted engineering practice
to resist damage due to decay, insects, and condensation
with the underfloor
crawl space entirely enclosed with a perimeter foundation, skirting, retaining
wall or equivalent. Underfloor access through the perimeter foundation, skirting,
retaining wall, or equivalent shall be through a minimum clear opening of
18 inches by 24 inches. The opening shall be located as close as practical
to the utilities so fuel, electric, water, and sewer connections are accessible
for inspection, service, and repair. The panel or door for the access panel
shall not require tools, more than 5 pounds of force, or the operation of
more than four devices to remove or open the access panel or door. The panel
or door must be easily identifiable or permanently labeled "Access" in 3/4
inch high bold letters. There must be a minimum of 30 inches of clear space
directly in front of each access panel or door
. A Texas licensed engineer
or architect shall stamp and sign each foundation drawing. If the foundation
drawing is approved by the DAPIA, the engineer or architect may be licensed
in another state; or
(b)
In the alternative
for a home acquired and installed
before January 1, 2002
[
§80.54.Standards for the Installation of Manufactured Homes.
(a)
(No change.)
(b)
Site Preparation Responsibilities and Requirements:
(1)
The purchaser is responsible for the proper preparation
of the site where the manufactured home (new or used) is to be installed unless
the home is installed in a rental community. Except in rental communities,
the purchaser shall remove all debris, sod, tree stumps and other organic
materials from all areas where footings are to be located. In areas where
footings are not to be located, all debris, sod, tree stumps and other organic
material shall be trimmed, cut, or removed down to a maximum height of 8 inches
above the ground. The retailer must give the purchaser a site preparation
notice as described in this section prior to the execution of any binding
sales agreement
, if the sales agreement will be executed before the home
is installed
. If the installation is a secondary move, not involving
a retail sale, the installer must give the homeowner the site preparation
notice prior to any agreement for the secondary installation of the home.
(2)
If the retailer or installer provides the materials for
skirting or contracts for the installation of skirting, the retailer or installer
is responsible for
the following:
[
(A)
The retailer or installer shall install
any required moisture and ground vapor control measures in accordance with
the home installation instructions, specifications of an approved stabilization
system, or the generic standards and shall provide for the proper cross ventilation
of the crawl space. If the purchaser or homeowner contracts with a person
other than the retailer or installer for the skirting, the purchaser or homeowner
is responsible for installing the moisture and ground vapor control measures
and for providing for the proper cross ventilation of the crawl space.
(B)
The retailer or installer shall enclose
the entire underfloor crawl space with a perimeter foundation, skirting, retaining
wall or equivalent. The retailer or installer shall provide underfloor access
through the perimeter foundation, skirting, retaining wall, or equivalent
shall be through a minimum clear opening of 18 inches by 24 inches. The opening
shall be located as close as practical to the utilities so fuel, electric,
water, and sewer connections are accessible for inspection, service, and repair.
The panel or door for the access panel shall not require tools, more than
5 pounds of force, or the operation of more than four devices to remove or
open the access panel or door. The panel or door must be easily identifiable
or permanently labeled "Access" in three-fourth inch high bold letters. There
must be a minimum of 30 inches of clear space directly in front of each access
panel or door.
(3)
(No change.)
(4)
Drainage:
The purchaser is responsible for proper
site drainage where the manufactured home (new or used) is to be installed
unless the home is installed in a rental community.
[
(5)
(No change.)
(c)
(No change.)
(d)
Footers and Piers:
(1) - (3)
(No change.)
(4)
Footer sizing and capacities: The following tables represent
maximum loads and spacings based on footer size and soil bearing capacity.
Other approved footers may be used if equal or greater in bearing area than
those footer sizes tabulated.
Figure: 10 TAC §80.54(d)(4)
(5)
(No change.)
(6)
Pier design: Piers shall be constructed per the following
details:
Figure: 10 TAC §80.54(d)(6)
(A)
Shimming (if needed): Hardwood shims are commonly used
as a means for leveling the home and filling any voids left between the bottom
flange of the I-Beam and the top of the pier cap. Wedge shaped shims must
be installed from both sides of the I-Beam to provide a level bearing surface.
The allowable height must not exceed 1 inch. Shims shall be
a minimum
of 3 inches
[
(B)
(No change.)
(C)
Table 3C - Pier loads (pounds) at tabulated spacings WITH
perimeter supports:
Figure: 10 TAC §80.54(d)(6)(C)
(7) - (9)
(No change.)
§80.55.Anchoring Systems.
(a)
(No change.)
(b)
Material Specifications:
(1)
Strapping shall be Type 1, Finish B, Grade 1 steel strapping,
11/4
[
(2)
(No change.)
(c)
Anchors shall be installed per the following details:
(1)
(No change.)
(2)
installed against direction of load (vertical and/or angled),
a stabilizer plate must be installed.
Figure: 10 TAC §80.55(c)(2)
(d)
WIND ZONE I Installation:
(1)
(No change.)
(2)
Table 4A: The following table describes the maximum spacing
for diagonal ties along each side of the unit.
Figure: 10 TAC §80.55(d)(2)
(3)
Table 4B: Minimum number of diagonal ties required per
side, per unit length. Table based on 2 feet inset of anchors at each end.
Figure: 10 TAC §80.55(d)(3)
(4)
When approved auger anchors cannot be inserted into a difficult
soil after moistening, such as mixed soil and rock or caliche (heavily weathered
limestone) that is not solid rock, approved cross drive rock anchors may be
used in accordance with the values and notes for Table 4A in paragraph (2)
of this subsection modified as follows:
(A)
since the ultimate anchor pull out in the difficult soil
will be reduced, the maximum spacing for diagonal ties per side is one half
the spacing allowed by Table 4A which will require adding one additional cross
drive rock anchor for each anchor specified
for the sides and ends
;
(B) - (C)
(No change.)
(e)
WIND ZONE II Installation:
(1)
In place of the requirements as shown in subsection (d)
of this section, units designed for Wind Zone I and built prior to September
1, 1997, and units designed for Wind Zone II and built prior to July 13, 1994,
require diagonal ties as set forth in Table 5A when these units are installed
in Wind Zone II. See also §80.50 of this title (relating to Wind Zone
Regulations). Items not specifically addressed in this section are the same
as for Wind Zone I installations.
Figure: 10 TAC §80.55(e)(1)
(2)
Units built to Wind Zone II on or after July 13, 1994.
(A) - (B)
(No change.)
(C)
Where tie locations are clearly marked as a shear wall
strap, a perimeter pier must be installed at that location. See
§80.54(d)
[
(D) - (F)
(No change.)
(3) - (4)
(No change.)
(f)
Bracket Installation.
(1) - (3)
(No change.)
(4)
When two bracket assemblies are required, they must be
installed on each side of the column/opening stud(s), but no more than 12
inches from the column/opening stud(s) (see examples in figure 5C), and they
must be angled away from each other a minimum of 12 inches.
Figure: 10 TAC §80.55(f)(4)
(5)
(No change.)
(6)
Longitudinal ties:
(A)
Longitudinal ties are required for ALL wind zone [
(B)
(No change.)
(C)
When conventional anchors and straps are used, install
the required number of ties per Table 4A or Table 5A as appropriate.
The
strap(s)
[
(D)
Anchors require stabilizer plates when the anchor
shaft is not in line with strap (plus or minus 10 degrees).
[
Figure: 10 TAC §80.55(f)(6)(D)
§80.56.Multi-Section Connection Standards.
(a)
Air infiltration
and water vapor migration
at
mating surfaces:
before
[
(1)
Expanding Foam: Foam may be used along surfaces that
are accessible after the units have been joined. Where mating line walls line
up between sections, non-porous materials must be installed prior to joining
the units.
[
(2)
Caulking: Caulking may be used along surfaces that
are accessible after the units have been joined. Where mating line walls line
up between sections, non-porous materials must be installed prior to joining
the units.
[
(3)
Non-porous gasket installed along the perimeter of
all mating lines.
[
[
(4)
Insulation, carpet, carpet
pad or other porous materials are not acceptable.
Figure: 10 TAC §80.56(a)(4)
(b)
(No change.)
(c)
Endwall Connections:
(1)
(No change.)
(2)
fastener length may need to be adjusted for gaps and/or
toeing, to provide minimum 1-1/2 inch penetration into opposite endwall stud.
Figure: 10 TAC §80.56(c)(2)
(d)
Roof Connection: (Note: Fasteners must not be used to pull
the sections together
.
)[
(1)
Roof
[
(2)
Gaps
[
(3)
(No change.)
(4)
Figure
56(d)(4)
[
Figure: 10 TAC §80.56(d)(4)
(e) - (g)
(No change.)
(h)
Water Crossover Connection (multi-sections only):
(1)
If there is water service to other sections, connect the
water supply crossover lines as shown in the applicable detail.
Figure: 10 TAC §80.56(h)(1)
(2) - (3)
(No change.)
(i) - (k)
(No change.)
§80.62.Approval of Stabilizing Components and Systems.
(a)
Installers shall only use prefabricated or site built stabilizing
components and systems approved by the department, specified by the home manufacturer's
DAPIA approved installation instructions, or specified for one or more homes
in a particular area by a Texas licensed engineer or architect. Before granting
approval for any prefabricated stabilizing component or system that will be
used for more than one home, the department will require the component or
system to be certified by an engineer, architect, or independent testing laboratory.
The engineer or architect may be licensed in any state. The independent testing
laboratory must have at least one engineer or architect licensed in at least
one state. The producer or vendor of the component or system seeking department
approval must send a request letter to the department with at least two copies
of the certification report. The department may accept certification reports
in electronic formats. The certification report copies must have letter size
(8.5 inch by 11 inch)
or smaller
pages. In the request letter,
the producer or vendor must grant the department the right to reproduce the
certification report. If the department approves the certification report,
the department shall place a stamp of approval on the copies, keep one copy,
and return all other stamped copies to the producer or vendor. The stamp of
approval will have the following information:
(1) - (3)
(No change.)
(b) - (c)
(No change.)
(d)
The department adopts the applicable standards and publications
set forth in Chapter
43
[
[(1)
The FMHCSS, 24 CFR, Part 3280;]
[(2)
Appendix A--CABO One and Two Family Dwelling
Code, 1995 Edition, published by CABO, 5203 Leesburg Pike, Suite 708, Falls
Church, Virginia 22041; and]
[(3)
Appendix H--Standard Building Code, 1994
Edition, published by Southern Building Code Congress International, Inc.,
900 Montclair Road, Birmingham, Alabama 35213-1206.]
(e)
Applicable reports of the
following organizations
are acceptable as certification reports: National Evaluation Service, Inc.;
International Conference of Building Officials (ICBO) Evaluation Service,
Inc.; Southern Building Code Congress International (SBCCI) Public Safety
Testing and Evaluation Services, Inc.; Building Officials and Code Administrators
International (BOCA) Evaluation Reports, Inc.; the International Code Council
(ICC); or a successor of any of these organizations.
[
(f) - (l)
(No change.)
§80.63.Other Materials and Methods for Manufactured Homes.
(a) - (b)
(No change.)
(c)
All stabilizing components must be resistant to all effects
of weathering including that encountered along the Texas gulf coast. Nonconcrete
stabilizing components and systems for use within 1500 feet of the coastline
shall be specifically certified for this use.
Preservation treated (PT)
wood components shall conform to the applicable standards issued by the American
Wood Preserver's Association and referenced by the 2000 International Residential
Code.
[
(d)
(No change.)
(e)
The following types of stabilizing systems are special
stabilizing systems, not associated with a particular location, and shall
meet the requirements of subsection (f) of this section:
(1) - (4)
(No change.)
(5)
a site built stabilizing component or system with materials
and methods in accordance with the applicable standards and publications set
forth in Chapter
43
[
(f)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on March 25, 2002.
TRD-200201890
Bobbie Hill
Executive Director, Manufactured Housing Division of TDHCA
Texas Department of Housing and Community Affairs
Proposed date of adoption: June 4, 2002
For further information, please call: (512) 475-2206
10 TAC §80.66
The amended section is proposed under the Texas Manufactured
Housing Standards Act, Texas Civil Statutes, Article 5221f, §9, which
provides the department with authority to amend, add, and repeal rules governing
the Manufactured Housing Division of the department and under Texas Government
Code, Chapter 2306, §2306.603, which authorizes the director to adopt
rules as necessary to administer and enforce the manufactured housing program
through the Manufactured Housing Division.
No other statute, code, or article is affected by the proposed amendments.
§80.66.Rebuilding or Repairing a "Salvaged" Manufactured Home.
(a)
Any home which has sustained sufficient damage to be declared
salvage as defined in
§8 of
the Standards Act, [
(b) - (d)
(No change.)
(e)
A manufactured home which has not sustained
sufficient damage to be declared salvage may be refurbished to its original
structural configuration so that it is habitable as defined by §8 of
the Standards Act.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on March 25, 2002.
TRD-200201891
Bobbie Hill
Executive Director, Manufactured Housing Division of TDHCA
Texas Department of Housing and Community Affairs
Proposed date of adoption: May 5, 2002
For further information, please call: (512) 475-2206
10 TAC §80.119
The amended section is proposed under the Texas Manufactured
Housing Standards Act, Texas Civil Statutes, Article 5221f, §9, which
provides the department with authority to amend, add, and repeal rules governing
the Manufactured Housing Division of the department and under Texas Government
Code, Chapter 2306, §2306.603, which authorizes the director to adopt
rules as necessary to administer and enforce the manufactured housing program
through the Manufactured Housing Division.
No other statute, code, or article is affected by the proposed amendments.
§80.119.Installation Responsibilities.
(a) - (b)
(No change.)
(c)
The installer is fully responsible for the complete installation
even though the installer may subcontract certain installation functions to
independent contractors pursuant to
§7(i) of
the Standards
Act[
(d) - (e)
(No change.)
(f)
For all secondary moves (where there is not title
transfer) the
Notice of Installation
Affidavit and the required
fee must be submitted to the department within ten (10) working days after
the installation is completed
.
[(1)
Except as otherwise specified for permanent
foundations, the installer shall forward the installation report (Form T)
to the department within ten (10) working days after the installation is completed.
The installation report form shall be furnished by the department.]
[(A)
When the installation occurs in conjunction with a title
transfer, the installation report must be sent to the appropriate TDHCA field
office. DO NOT SEND INSTALLATION FEES TO THE FIELD OFFICE.]
[(B)
For secondary moves (when there is no title transfer),
the installation report and the required installation fee must be submitted
to the department.]
[(2)
In addition, if the home is a multi-section
home, the installer must notify the appropriate TDHCA field office by telephone,
facsimile, or in person, the last working day prior to the day that the sections
are scheduled to be connected. This notification must include the home serial
numbers, label/seal numbers, names and addresses of the purchaser, the manufacturer,
the retailer, the installer and the installer's phone and facsimile numbers,
the exact location of the home and complete directions and instructions for
the inspector to find the home, and an approximate time when the sections
will be joined together. This notice may be satisfied by submitting a completed
Form T with an added note of the approximate time the sections will be joined
together. No additional notice is required if the scheduled connection of
the sections is delayed for any reason; however, installers are expected to
cooperate with the inspector and provide accurate information regarding any
changes to previous installation plans, upon request.]
(g)
When the installer selects the department to inspect
the permanent foundation before concealment, the
[
(1)
Unless the retailer/installer follows the home installation
manual or a department pre-approved foundation systems, a
[
(2)
(No change.)
(3)
Installers shall provide a copy of the application and
the foundation system drawing to the
department
[
(4)
If the permanent foundation system design is approved by
the authorized local government official and if the applicable building inspection
fees are paid to the local government, the provisions of this section do not
apply. The installer must, however, file a sworn statement of these facts
with the
Notice of Installation Affidavit
[
(5)
If the permanent foundation
for a home acquired and
installed before January 1, 2002
is certified by the consumer/mortgagor
and the lender/mortgagee in a real estate transaction, or is certified by
the owner if there is no lien or the lien has been released, as having permanently
affixed the structure to the real estate, the provisions of this section do
not apply. The
$100
fee for the [
(6)
When specifically requested in writing
by the department with a Department Real Estate Inspection Request Form, a
contracting local government shall make and perform inspection and enforcement
activities related to the construction of the foundation that permanently
affixes a manufactured home to real estate. If the permanent foundation system
and other site improvements are inspected and accepted by a contracting local
government official before concealment, the local government records may be
the verification required by Section 19A(c) of the TMHSA. The retailer/installer
must file a Notice of Installation, including a copy of the local government
inspection report, with the public land records of the county and forward
a copy of the Notice of Installation to the department with the $100 reporting
fee.
(7)
If the site suitability, site preparation,
site improvement, foundation construction, and installation for a home acquired
on or after January 1, 2002 are verified by a retailer or installer, the provisions
of this section do not apply, but the title company, attorney, retailer, or
retailer's agent must file a Notice of Installation with the public land records
of the county and forward a copy of the Notice of Installation to the department
with the $100 reporting fee.
(h)
If a manufactured home will be installed as personal
property on land not owned by the consumer, the retailer/installer
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on March 25, 2002.
TRD-200201892
Bobbie Hill
Executive Director, Manufactured Housing Division of TDHCA
Texas Department of Housing and Community Affairs
Proposed date of adoption: June 4, 2002
For further information, please call: (512) 475-2206
10 TAC §§80.121 - 80.124, 80.128, 80.130, 80.132, 80.135, 80.136
The new and amended sections are proposed under the Texas
Manufactured Housing Standards Act, Texas Civil Statutes, Article 5221f, §9,
which provides the department with authority to amend, add, and repeal rules
governing the Manufactured Housing Division of the department and under Texas
Government Code, Chapter 2306, §2306.603, which authorizes the director
to adopt rules as necessary to administer and enforce the manufactured housing
program through the Manufactured Housing Division.
No other statute, code, or article is affected by the proposed new and
amended sections.
§80.121.Retailer's Responsibilities.
(a)
Manufactured housing retailers shall retain as part of
each sales record and make available for
copying and
review by
department personnel, upon request
during normal business hours
,
the following information:
(1)
For all manufactured homes:
(A)
(No change.)
(B)
verification that the purchaser received the Formaldehyde
Health Notice required by
§20 of
the
Standards
Act[
(C) - (D)
(No change.)
(E)
verification that the purchaser received the site preparation
notice; [
(F)
verification that the purchaser received written notice
of the two (2) year limitation of notice for filing a claim with the department
;
[
(G)
verification that the Covenant Disclosure
Notice Affidavit was provided to the purchaser prior to completing a credit
application;
(H)
copies of the Notice of Installation Affidavit
and attached documents, for a manufactured home installed as personal property;
(I)
copies of the documents that substantiated
the Notice of Installation Affidavit, for a manufactured home installed as
real property;
(J)
if the sale of a home includes air conditioning,
the name and license number of the air conditioning contractor which installed
the air conditioning system in accordance with §80.64(d) of this title
(relating to Procedures for Alterations); and
(K)
complete records of all alterations, in
accordance with 24 CFR §3282.254.
(2)
For all new manufactured homes:
(A)
verification that a copy or the general
description of the manufacturer's new home warranty and installation warranty
were given to the consumer prior to the retailer's signing of any binding
retail installment sales contract or other mutually binding agreement.
(B)
[
(C)
[
(D)
[
(3)
For used manufactured homes:
(A)
verification that the purchaser received the written 60-day
habitability warranty; [
(B)
verification that a copy or the general
description of the retailer's installation warranty were given to the consumer
prior to signing of any binding retail installment sales contract or other
mutually binding agreement, if the retailer contracted for the installation
as a part of the sales agreement; and
(C)
[
(b)
All verifications and copies of notices required by this
chapter must be maintained in the retailer's sales file, and the sales file
must be maintained for a period of not less than six (6) years from the date
of sale.
If a retailer has more than one sales location and wishes to
maintain all of its records at a central location, it may do so provided that
the retailer notifies the department more than sixty (60) days in advance
that its records are being maintained at a central location by providing the
address of such location. Absent such notice the records of a particular home
must be maintained at the address where the home is in inventory and from
which it was sold. If the retailer wishes to discontinue the centralization
of its records or to change the address where its records are kept, the retailer
must notify the department more than sixty (60) days in advance of the change
of the location and the address and effective date of the new location.
(c)
For new homes or used homes manufactured
on or after September 1, 1997, a manufactured housing license holder shall
not contract for sale or installation of any home under which the home would
be installed in a wind zone, thermal zone, or roof load zone other than that
allowed on the data plate.
§80.122.Security Requirements.
(a)
For purposes of meeting the security requirements of
§13 of the
Standards Act, [
(b)
An assignment of such security filed with the department
for compliance with
§13 of
the Standards Act, [
(c)
(No change.)
(d)
To be exempt from the additional security as required by
§13(f) of
the Standards Act, [
(1) - (3)
(No change.)
§80.123.License Requirements.
(a)
Manufacturer. Any person constructing or assembling new
manufactured housing for sale, exchange, or lease purchase within this state
shall be licensed as a manufacturer. An application shall be submitted on
the form required by the department and shall be completed giving all the
requested information. The application shall be accompanied by the required
security
, Articles of Incorporation or Assumed Name Certificate,
and payment of the license fee. Every distinct corporate entity must be separately
licensed. Each separate plant location operated by a license holder which
is not on property which is contiguous to or located within 300 feet of the
license holder's licensed manufacturing facility requires a separate license
and security.
(b)
Retailer. Any person engaged in the business of buying
for resale, selling, or exchanging manufactured homes or offering such for
sale, exchange, or lease purchase to consumers shall be licensed as a retailer.
An application for license shall be submitted on the form required by the
department and be completed giving all the requested information. The application
shall be accompanied by the required security
, Articles of Incorporation
or Assumed Name Certificate,
and payment of the license fee. No person
shall be considered a retailer unless engaged in the sale, exchange, or lease
purchase of two or more manufactured homes to consumers in any consecutive
twelve (12) month period. Sales, exchanges, or lease purchases by any employee
or agent of a business entity are deemed to be sales of the business entity.
Each separate sales location which is not on property which is contiguous
to or located within 300 feet of a licensed sales location requires a separate
license and security.
(c)
Broker.
(1)
Any person engaged by one or more other persons to negotiate
or offer to negotiate bargains or contracts for the sale, exchange, or lease
purchase of a manufactured home to which a certificate or document of title
has been issued and is outstanding shall be licensed as a manufactured housing
broker. An application for license shall be submitted on the form required
by the department and be completed giving all the requested information. The
application shall be accompanied by the required security
, Articles of
Incorporation or Assumed Name Certificate,
and payment of the license
fee. Each office location of the broker shall be licensed and proper security
posted unless an office is on property which is contiguous to or located within
300 feet of an office licensed with the department.
(2) - (3)
(No change.)
(d)
Rebuilder. Any person who desires to be
licensed
[
(e)
Installer.
(1)
Every person who contracts to perform or performs installations
shall submit the required security, complete the necessary license forms and
any other information needed, and be issued a license prior to performing
an installation function. The required license fee must accompany the application
for license
and Articles of Incorporation or Assumed Name Certificate
.
(A) - (B)
(No change.)
(C)
An installer, also licensed as a retailer, may satisfy
the insurance requirements by filing a certificate of insurance which shows
that the license holder has motor vehicle-garage liability coverage including
completed operations, and has dealer's physical damage (open lot) including
transit insurance coverage in amounts not less than those set forth in
subparagraph (A) of this paragraph
[
(D)
(No change.)
(2)
(No change.)
(f)
Homeowner's Temporary Installation.
(1)
(No change.)
(2)
The application must be accompanied by a certificate of
insurance issued by the insurance carrier or its authorized agent to prove
insurance coverage for the installation of the home as follows: public liability
insurance coverage including completed operations in an amount of not less
than $300,000 for bodily injury each occurrence and property damage insurance
in an amount of not less than $100,000 each occurrence, for which a combined
single limit of $300,000 will be considered to be in compliance with this
section; and motor vehicle liability insurance coverage of not less than $250,000
bodily injury each person, $500,000 bodily injury each occurrence and $100,000
property damage each occurrence, for which a combined single limit of $500,000
will be considered to be in compliance with this section. A copy of the
home
manufacturer's installation instructions
, custom designed
[
(3)
Upon approval of the application, the homeowner will be
issued a temporary license for the installation of that home set out in the
application and a temporary installer's (TI) number. The temporary license
shall be valid only for
thirty (30) calendar days
[
(4)
(No change.)
(g)
Salesperson.
(1)
A salesperson means an individual, partnership, company,
corporation, association, or other group who, for any form of compensation,
sells or lease-purchases or offers to sell or lease-purchase manufactured
housing to consumers as an employee or agent of a retailer or broker. A person
or entity licensed as a retailer or broker with the department is not required
to
be licensed
[
(2)
The salesperson is an agent of the retailer or broker for
whom sales or lease-purchases, or offers, are made.
This includes the
general manager, sales manager, office manager or anyone involved in showing
and offering homes for sale.
The retailer or broker is liable and responsible
for the acts or omissions of a salesperson in connection with the sale or
lease-purchase of a manufactured home. It is a violation of the Standards
Act and this chapter for a retailer or broker of manufactured housing to employ
a salesperson who is not licensed with the department.
(3)
An application for license must be made by every salesperson.
Each applicant for [
(A) - (B)
(No change.)
(C)
a statement that the applicant is the authorized agent
for a manufactured housing retailer or broker; the statement shall be signed
by the employer.
If there is a change in name, address, telephone, email
address, or employer, an amended application must be submitted to the department
within ten (10) calendar days of this change.
(4)
(No change.)
(5)
Payment
[
(6)
(No change.)
(h)
Applicable License Holder Ownership Changes.
(1)
A license holder shall not change the location of a licensed
business unless the license holder first files with the department:
(A)
a written notification of the address of the new location;
[
(B)
an endorsement to the bond reflecting the change of location
; and
[
(C)
original license.
(2)
(No change.)
(3)
For a change in ownership of less than fifty percent (50%)
of the licensed business entity, no new license is required provided that
the existing bond or other security continues in effect.
However, the
current Articles of Incorporation or Assumed Name Certificate must accompany
the request.
(4)
For a change in ownership of fifty percent (50%) or more,
the license holder must file with the department, along with the appropriate
fee
and Articles of Incorporation or Assumed Name Certificate
:
(A)
a license
addendum
[
(B)
(No change.)
(C)
an application for a new license along with a new bond
or other security and proof that the education requirements of
§7(p)
of
the Standards Act, [
(i)
Education Requirements. Effective September 1, 1987, all
applicants for license, except salespersons, shall attend and complete 20
hours of educational instruction as required by the Standards Act and this
chapter
[
(j)
Approving a training program conducted
by a nonprofit educational institution or foundation as sanctioned by §7(q)
of the Standards Act.
(1)
An organization requesting approval to conduct the educational
course required by the Standards Act must file a course approval request and
course materials at least 90 calendar days before the date of the first scheduled
presentation. The director shall deliver a written notice of approval or disapproval
no later than 30 calendar days after receiving the request. If disapproved,
the requestor may resubmit the course with corrections. The director will
deliver a written notice of approval or disapproval no later than 15 calendar
days after receiving the re-submittal.
(A)
Approval of Training Program: The director will approve
the training program if the requirements in this subsection are met and the
materials submitted comply with the required course topics in paragraph (3)
of this subsection.
(B)
Disapproval of Training Program: The director will not
approve the training program if the requirements are not met and the materials
submitted do not comply with the required course topics in paragraph (3) of
the subsection. The requestor will receive a written notice detailing the
reason(s) for the disapproval. The requestor may re-submit the course with
corrections as mentioned in paragraph (1) of this subsection.
(2)
As a prerequisite for a license, the course must be twenty
(20) hours in length and instruct the potential attendee in the law and consumer
protection regulations.
(3)
An educational training course shall consist of the following
topics:
(A)
Presentation of the Law and Rules.
(i)
Article 5221f, the Standards Act
(ii)
Chapter 80, Texas Administrative Code, Administrative
Rules
(iii)
Texas Finance Code (applicable sections)
(iv)
Texas Transportation Code (applicable sections)
(v)
Federal Truth -in-Lending Act
(vi)
Property Code
(B)
Titling.
(i)
Seals
(ii)
Titling Fees
(iii)
Titling Process
(iv)
Description of Forms
(v)
Title Cancellation and Reinstatement Process
(C)
Licensing.
(i)
Manufacturer Application Form Requirements
(ii)
Retailer Application Form Requirements
(iii)
Installer Application Form Requirements
(iv)
Salesperson Application Form Requirements
(v)
Broker Application Form Requirements
(vi)
Salvage/Rebuilder Application Form Requirements
(vii)
Insurance and Bond Requirements
(viii)
License Renewal and Revision Requirements
(ix)
Sale of non-habitable homes
(x)
Retailer and Installer Responsibilities
(D)
Installations.
(i)
Anchoring, supporting, and multi-section connecting standards
(ii)
Requirements for Completing the Installation Inspection
Report Form
(E)
Consumer Complaints.
(i)
Consumer Complaint Process
(ii)
Delivery of Warranty
(iii)
Correction Requirements
(iv)
Requirements for Completing the Complaint Forms
(F)
Dispute Resolution.
(i)
Dispute Resolution Process
(ii)
Texas Government Code, Chapter 2306
(iii)
Federal Trade Commission Manual: "How to Advertise Consumer
Credit"
(iv)
Business & Commerce Code, Deceptive Trade Practices
(applicable sections)
(4)
The training organization must provide each attendee of
the class with written proof of having completed the entire 20 hour course.
(5)
The primary administrator for the training program will
be notified by the director of changes to the Law and Rules and the date that
the changes will become effective.
(6)
The director may revoke course approval for failure to
comply with the standards or procedures set forth in this subsection. Unless
surrendered or revoked for cause, the approval will be valid for a period
of two (2) years.
(k)
Denial, Suspension, Renewal Denial, or
Revocation of License Relating to Repeat Violations of the Standards Act or
Department Rules.
(1)
The following criteria shall be utilized to determine whether
an applicant shall be issued or renewed a license if the applicant within
the last two years from the date of the application has:
(A)
two Agreed Final Orders of the same kind or type of violations;
or
(B)
one Final Order of the same kind or type of violations.
(2)
If the department suspends, revokes, or denies renewal
of a valid license, or denies a person's license or the opportunity to be
examined for a license in accordance with this subsection because of the person's
prior violations history, the department shall:
(A)
notify the person in writing stating reasons for the suspension,
revocation, renewal denial, denial of disqualification; and
(B)
offer the person the opportunity for a hearing on the prior
violation history.
(l)
Denial, Suspension, Renewal Denial, or
Revocation of License relating to the history of non-compliance with the Standards
Act and Rules.
(1)
The department will consider the background of the applicant,
license holder, sole proprietor, partner officer, managing employee, chief
executive officer, chief executive operating officer, and directors of a corporation.
(2)
In the evaluation the department will consider the non-compliance
history with the Standards Act and this chapter and will comply with the Texas
Government Code, Chapter 2001, in proceeding with denial, suspension, or revocation
of a license.
(m)
[
(1)
The following criteria shall be utilized to determine whether
an applicant shall be issued a license if that applicant states in his/her
application for said license that he/she has a record of criminal convictions
within five (5) years preceding the date of the application:
(A)
the nature and seriousness of the crime;
(B)
the relationship of the crime to the intended manufactured
housing business activity;
(C)
the extent to which a license holder might engage in further
criminal activity of the same or similar type as that in which the applicant
previously had been involved;
(D)
the relationship of the crime to the ability, capacity,
or fitness required to perform the duties and discharge the functions and
responsibilities of the license holder's occupation or industry; and
(E)
whether the offenses were defined as crimes of moral turpitude
by statute or common law, from Class A misdemeanors to first, second, and
third degree felonies carrying fines and/or imprisonment or both. Special
emphasis shall be given to the crimes of robbery, burglary, theft, embezzlement,
sexual assault, and conversion.
(2)
In addition to the factors that may be considered in paragraph
(1) of this subsection, the department, in determining the present fitness
of a person who has been convicted of a crime, may consider the following:
(A)
the extended nature of the person's past criminal activity;
(B)
the age of the person at the time of the commission of
the crime;
(C)
the amount of time that has elapsed since the person's
last criminal conviction;
(D)
the conduct and work activity of the person prior to and
following the criminal conviction;
(E)
evidence of the person's rehabilitation or attempted rehabilitation
effort while incarcerated or following release; and
(F)
other evidence of the person's present fitness, including
letters of recommendation from prosecution, law enforcement, and correctional
officers who prosecuted, arrested, or had custodial responsibility for the
person; the sheriff and chief of police in the community where the person
resides; and any other persons in contact with the convicted person.
(3)
It shall be the responsibility of the applicant to the
extent possible to secure and provide to the department the recommendations
of the prosecution, law enforcement, and correctional authorities as required
by this subsection.
(4)
The applicant shall furnish proof in any form, as may be
required by the department, that he/she has maintained a record of steady
employment and has otherwise maintained a record of good conduct and has paid
all outstanding court costs, supervision fees, fines, and restitution as may
have been ordered in all criminal cases in which the applicant was convicted.
(5)
If the department suspends or revokes a valid license,
or denies a person a license or the opportunity to be examined for a license
in accordance with this subsection because of the person's prior conviction
of a crime and the relationship of the crime to the license, the department
shall:
(A)
notify the person in writing stating reasons for the suspension,
revocation, denial, or disqualification; and
(B)
offer the person the opportunity for a hearing on the record.
(n)
[
(1)
The
[
(2)
In
[
(3)
If
[
(4)
All renewal licenses and a reinstatement license approved
by the director shall be dated as of the day following the date on which the
current license expires.
(o)
[
(1)
Initial application processing.
(A)
It is the policy of the department to issue the license
within seven (7) working days after receipt of all required information and
the following conditions have been met:
(i)
all required forms are properly executed; and
(ii)
all requirements of applicable statutes and department
rules have been met.
[(B)
Applicants may make application for license
in person at the department's headquarters office in Austin during regular
working hours. However, the issuance of a license number will be delayed until
the application has been thoroughly reviewed. ]
(B)
[
(C)
[
(D)
[
(2)
Appeals. Applicants may appeal any dispute arising from
a violation of the time periods set for processing an application. An appeal
is perfected by filing with the director a letter explaining the time period
dispute. The letter of appeal must be received by the director no later than
twenty (20) calendar days after the date of the letter of explanation from
the department outlined in
paragraph (1)(C)
[
§80.124.Deposits and Down Payments.
(a)
The retailer, salesperson, or agency of the retailer shall
not retain or keep a deposit except in accordance with this section.
(b)
A deposit on a home in inventory must be refunded within
fifteen (15) calendar days following the date of written notice from the depositing
consumer requesting the refund. The retailer must hold the home in inventory
for purchase by the consumer making the deposit until the deposit is refunded.
The retailer may refund the deposit at any time to the depositing consumer,
but the retailer must not sell the home to any other consumer until the deposit
on the home in inventory has been refunded.
(c)
A deposit on a special ordered home which is not in inventory
must be refunded within fifteen (15) calendar days following the date of written
notice from the depositing consumer requesting the refund if the retailer,
salesperson, or agent fails to provide or perform the following:
(1)
Has record of the consumer being given conspicuous written
notice of the requirements for retaining the deposit as set forth by §6(n)
in the Standards Act, along with all of the notices and forms required by §6(n)
in the Standards Act to be given to the consumer prior to the execution of
any mutually binding contract.
(2)
The special ordered home is delivered or ready to be delivered
and fails to conform to the specifications or representations, if any, made
to the consumer by the retailer.
(d)
On a special ordered home which is not in inventory, the
retailer may retain the deposit provided that:
(1)
the home conforms to the specifications of the special
order and the representations, if any, made to the consumer are not altered
without the consumer's consent;
(2)
the consumer fails or refuses to accept delivery and installation
of the home by the retailer;
(3)
the consumer is given conspicuous written notice of the
requirements for retaining the deposit as set forth in this subsection along
with all of the notices and forms required by this chapter to be given the
consumer prior to the execution of any mutually binding contract.
(e)
the retailer may not retain more than five percent (5%)
of the estimated cash price of the home which is specially ordered, and the
retailer must refund any amount of the deposit which exceeds five percent
(5%); and
(f)
In a financed transaction, the deposit becomes the down
payment, or part thereof, following credit approval and the execution of a
retail installment sales contract, and the provisions of this section do not
apply.
(g)
To ensure that the down payment required by the creditor
in a financed transaction is actually received by the retailer at the time
of the execution of the contract or document, the actual source of the funds
for the down payment must be verified by the consumer, the retailer, and the
salesperson on a form prescribed by the department. The Down Payment Verification
Affidavit must be signed and notarized by the consumer, the retailer, and
the salesperson prior to the execution of a retail installment sales contract
or agreement.
(h)
This Down Payment Verification Affidavit must denote in
at least 14 point bold font "The amount of my down payment is the true amount
noted on my retail installment contract."
(i)
The provisions of this section do not apply to a deposit
or funds held in an escrow account in connection with a real estate transaction.
§80.128.Arbitration Rules.
(a)
Definitions For Arbitration. The following words and terms
when used in this chapter shall have the following meanings, unless the context
clearly indicates otherwise:
(1) - (3)
(No change.)
(4)
Department--The
Manufactured Housing Division of the
Texas Department of Housing and Community Affairs (TDHCA).
(5) - (9)
(No change.)
(b) - (h)
(No change.)
(i)
Arbitration Not Using SOAH. The provisions of this subsection
relate only to arbitrations for which the parties have agreed to use the services
of a private, local, regional, or national arbitration service.
(1)
Subject to the provisions of subsections (a) - (h)
of this section
, the parties shall follow the rules of the applicable
arbitration service.
(2)
(No change.)
(j)
Arbitration Using SOAH. The provisions of this subsection
relate only to arbitrations for which the parties have agreed to use the services
of SOAH. Subject to the provisions of subsections (a) - (h)
of this section
, the parties shall follow these additional rules.
(1) - (26)
(No change.)
§80.130.Delivery of Warranty.
(a)
The written warranty that the manufactured home is
habitable as per §8 of the Standards Act, shall have been timely delivered
if given to the homeowner at or prior to the time the contract for sale is
signed.
[
(b)
The written manufacturer's new home construction warranty
per §14 of the Standards Act, shall be timely delivered if given to the
homeowner at or prior to the time of initial installation at the consumer's
homesite.
[
(c)
For secondary installations, the "installer"
as defined in §80.119(a) of this title (relating to Installation Requirements)
shall deliver the installation warranty required by §14(d) and (m) of
the Standards Act, to the consumer at the time of the installation at the
consumer's homesite. The installer must keep a copy of the installation warranty
and proof of delivery to the consumer in a permanent file for review by the
department.
§80.132.Procedures for Handling Consumer Complaints.
In order to comply with
§2 of
the Standards Act, [
(1)
(No change.)
(2)
The department shall make a consumer complaint home inspection
if a consumer, manufacturer, or retailer requests such inspection.
(A) - (B)
(No change.)
(C)
The department will perform the inspection within
thirty (30) calendar
[
(i)
(No change.)
(ii)
For each item inspected, the inspector shall
review
the manufacturer's determinations in accordance with 24 CFR §3282.404(b)
and evaluate
[
(I) - (IX)
(No change.)
(D)
Within
ten (10)
[
(3)
(No change.)
(4)
Each license holder must maintain both a current physical
location address and a current mailing address with the department. Service
of notice of hearing or other notice sent by certified mail will be sent to
the license holder's current mailing address according to the department's
records. If the department sends a notice to the manufacturer, retailer, or
installer at the mailing address by certified mail, and the notice is refused
or unclaimed, the department may presume that the license holder was provided
proper notice.
All written amended reports and orders will be serviced
in this manner.
(5)
If service or repairs cannot be made within the specified
time frame, the license holder shall notify the department in writing prior
to the expiration of the specified time frame by certified mail. The notice
shall list those items which have been, or will be, completed within the time
frame and shall show good cause why the remainder of the service or repairs
cannot be made within the specified time frame. The license holder shall request
an extension for a specific time. If the department fails to respond in writing
to the request within five (5) working days of the date of receipt of the
notice of request for extension, the extension has been granted.
[
(6)
Once the department receives the service or work orders
with the consumer's signature indicating that all items have been satisfactorily
completed, the department shall send a written notice to the consumer, stating
that if the department does not receive a written reply within the thirty
(30) calendar days the complaint file will be closed.
[
(7)
(No change.)
§80.135.Manufactured Housing Auctions.
(a)
Auction of Manufactured Housing to Texas Consumers.
(1) - (4)
(No change.)
(5)
A manufactured home that
has been salvaged or
is not habitable may not be sold
, conveyed, or transferred
to a
consumer as a manufactured home for dwelling purposes. The seller must surrender
the title and HUD label or Texas Seal, or a statement that there was no label
or seal, to the department along with the required fee and an application
to cancel the title to business use, before the home is auctioned.
(6)
The retailer must give notice to each person attending
the auction, and the notice shall contain the following:
(A)
a statement that the homes offered for sale are habitable
pursuant to
§8(b) of
the Standards Act[
(B)
(No change.)
(C)
the appropriate warning concerning formaldehyde as required
by
§20 of
the Standards Act[
(D)
(No change.)
(7)
(No change.)
(b)
(No change.)
§80.136.Homes Acquired on or after January 1, 2002.
(a)
The provisions of this section apply only to manufactured
homes acquired by a consumer on or after January 1, 2002 through any means
of financing. The term "acquired by a consumer" means the date on which the
consumer is bound by contract to purchase the home.
(b)
Real Property.
(1)
The manufactured home is real property if the owner of
the home is the same as the owner of record of the real estate and if the
home is secured to a foundation and connected to a utility. If the land and
manufactured home are being acquired by the consumer, and the ownership of
the land and home will be the same, the home is classified as real property.
(2)
The department will not issue a document of title if the
ownership of the land and the manufactured home is, or will be, the same.
If a document of title has previously been issued for the home, it must be
surrendered for cancellation.
(c)
With the exception of community property, when the ownership
of the land and home is not the same, a document of title will be issued.
The recorded ownership of the land shall be determined as of the date the
home is acquired by the consumer by either executing the credit documents
necessary to finance the purchase of the home or paying the cash proceeds
for the purchase of the home.
(d)
For new manufactured homes the retailer is the "installer"
in accordance with the provisions of the Standards Act.
(e)
The purchase of all manufactured homes considered to be
real property shall be closed at the office of a federally insured financial
institution, a title company, or attorney at law.
(f)
Disclosures.
(1)
Prior to the completion of a credit application, the retailer
must provide the information required by §21(a) of the Standards Act.
(2)
Prior to completion of the closing, the retailer or its
agent shall provide to the consumer the information required by §21(b)
of the Standards Act. The retailer shall comply with the federal Truth-in-Lending
Act to disclose the purchase price, agreed interest rate, and the length of
time for the loan repayment required by §21(b)(1) of the Standards Act.
All disclosure requirements may be in separate documents.
(3)
Within thirty (30) working days after the date on which
the installation is completed for manufactured homes classified as real estate,
the retailer shall file a Notice of Installation Affidavit in the public land
records for the county in which the real estate is located in accordance with
the provisions of §2.001(e), (f), and (g), Property Code.
(4)
When a consumer relocates a manufactured home, the relocation
shall be reported as a personal property installation by the installer.
(g)
This section, as relates to the giving of disclosures required
for credit transactions and as relates to the requirement of surrendering
previously issued documents of title for cancellation, does not apply to transactions
in which the consumer purchases the manufactured home from the retailer for
cash.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on March 25, 2002.
TRD-200201893
Bobbie Hill
Executive Director, Manufactured Housing Division of TDHCA
Texas Department of Housing and Community Affairs
Proposed date of adoption: May 5, 2002
For further information, please call: (512) 475-2206
10 TAC §80.180
The amended section is proposed under the Texas Manufactured
Housing Standards Act, Texas Civil Statutes, Article 5221f, §9, which
provides the department with authority to amend, add, and repeal rules governing
the Manufactured Housing Division of the department and under Texas Government
Code, Chapter 2306, §2306.603, which authorizes the director to adopt
rules as necessary to administer and enforce the manufactured housing program
through the Manufactured Housing Division.
No other statute, code, or article is affected by the proposed amendments.
§80.180.Formaldehyde Notice Requirements.
(a)
(No change.)
(b)
In addition to the requirement of subsection (a) of this
section:
(1)
A retailer shall deliver a copy of the "Important Health
Notice" prescribed by HUD to the consumer before the execution of any mutually
binding sales agreement. [
(2) - (3)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on March 25, 2002.
TRD-200201860
Bobbie Hill
Executive Director, Manufactured Housing Division of TDHCA
Texas Department of Housing and Community Affairs
Proposed date of adoption: May 5, 2002
For further information, please call: (512) 475-2206
10 TAC §§80.202, 80.204, 80.205, 80.207, 80.208
The amended sections are proposed under the Texas Manufactured
Housing Standards Act, Texas Civil Statutes, Article 5221f, §9, which
provides the department with authority to amend, add, and repeal rules governing
the Manufactured Housing Division of the department and under Texas Government
Code, Chapter 2306, §2306.603, which authorizes the director to adopt
rules as necessary to administer and enforce the manufactured housing program
through the Manufactured Housing Division.
No other statute, code, or article is affected by the proposed amendments.
§80.202.Fees for Title Documents.
(a)
Title Transaction Fees.
(1)
There shall be a fee of $35 for each title transaction.
The
[
(A)
a document of title
[
(B)
Certificate of Attachment
[
(C)
a salvage title
[
(D)
a Manufacturer's Certificate of Origin
[
(E)
the filing of an inventory financing lien;
[
(F)
the filing of foreclosure documents or a repossession
affidavit; and
[
(G)
the recording of a transfer of ownership
from a lienholder to or through a retailer.
(2)
There shall be a separate filing fee of
$100 when a certification form is provided for a home that is permanently
affixed.
(3)
[
(b)
If a correction of a document is required as a result
of a mistake by the department, the issuance of a new document shall not require
a fee.
[
(c)
All persons licensed with the department as a manufacturer,
retailer, broker, or installer may submit company or business firm checks
in payment of
any
[
(d)
One check may be submitted in payment of the aggregate
fees for multiple [
(e)
(No change.)
§80.204.Titling Forms.
(a)
Manufacturer's Certificate of Origin (MCO).
(1)
(No change.)
(2)
The MCO shall be surrendered to the department upon application
for the issuance of an initial document of title to the home
or the application
for Certificate of Attachment
.
(3)
(No change.)
(b)
Application for Issuance of Document of Title
, or
Certificate of Attachment
to a Manufactured Home.
(1)
The manufactured home document of title
, or Certificate
of Attachment
shall be issued on the basis of information submitted
on a properly executed application for
a document of
title containing
the following information:
(A) - (H)
(No change.)
(2)
The MCO shall accompany the application for
a document
of
title
or Certificate of Attachment
on the original sale
from retailer to private individual.
(3)
(No change.)
(4)
The department
may return
[
(5)
The right of survivorship may be elected
by the
[
(6)
(No change.)
(7)
The application
and fees
shall be submitted
to the
Manufactured Housing Division
[
(c)
Installation Information.
(1)
The installation information, on forms approved by the
department, must accompany each application for
a document of
title,
or Certificate of Attachment
and shall contain the following information:
(A)
description of the home, including:
(i) - (iii)
(No change.)
(iv)
name of manufacturer; [
(v)
Wind Zone, if available
; and
[
(vi)
map of the location of the home.
(B) - (F)
(No change.)
(2)
If the home was installed as a result of the sale or transfer,
the installation fee required under §80.20(b) of this title (relating
to Fees) must be submitted along with the installation information (
Notice of Installation Addidavit
[
(d)
Manufactured Home Document of Title.
(1)
The department shall maintain records of ownership of manufactured
homes. The department shall issue a manufactured home document of title for
each manufactured home,
except of the manufactured homes that are not
titled by virtue of their attachment to real property,
which shall set
forth the ownership of the home in accordance with the records of the department.
(2)
The document of title shall contain the following information:
(A) - (F)
(No change.)
(G)
[
(H) - (J)
(No change.)
(3)
(No change.)
(4)
The department shall issue a manufactured home document
of title in the following cases:
(A)
after receipt of a properly executed application for
a document of
title,
Notice of Improvement Attachment, or Notice
of Attachment,
installation information on forms approved by the department,
and the MCO upon the initial retail sale; [
(B)
after receipt of a properly executed application for
a document of
title,
Notice of Improvement Attachment,
installation
information on forms approved by the department, and the original manufactured
home document of title when there is a transfer of ownership or the addition
of a lien or lienholder
;
[
(C)
after receipt of a properly executed application
by the owner for cancellation of the Certificate of Attachment due to the
sale or transfer and removal of the home from the real property, and following
an inspection by the department for habitability; notice of the cancellation
of the Certificate of Attachment shall be filed with the county in which the
real property is located.
(5)
(No change.)
(e)
Certificate of Attachment.
(1)
In the event that a manufactured home is real property
either because the owner has surrendered the document of title or no document
of title has been issued because the manufactured home has been installed
on property owned by the owner of the manufactured home, then the department
shall issue a Certificate of Attachment.
(2)
The Certificate of Attachment shall contain the following
information:
(A)
the name and address of the owner of the manufactured home;
(B)
the legal description of the real property where the manufactured
home is installed;
(C)
the name and address of the manufacturer of the manufactured
home, the model designation of the home, the number of sections, the HUD label
and/or Texas seal number, the serial number, and the size (excluding hitch)
of the manufactured home;
(D)
certification by the department that the Manufacturer's
Certificate of Origin or any document of title have been canceled; and
(E)
name, address and license number of the selling retailer.
(f)
Disclosure Required by §21(b) of
the Standards Act.
(1)
The disclosures required by §21(b) of the Standards
Act are required to be given prior to the transfer of title to a manufactured
home.
(2)
Such disclosures are to be provided to the purchaser of
a manufactured home in written form from a manufactured home retailer (or
to one of the purchasers if more than one (1) purchaser). Acknowledgment of
receipt by the purchaser is not required.
(3)
In the context of a purchase which is financed through
a financing source obtained by the purchaser, and in the context of a cash
purchase, disclosure by the retailer in the purchase agreement between the
retailer and the purchaser of the manufactured home's purchase price is sufficient
to meet the requirements of §21(b)(1) of the Standards Act.
§80.205.Titling Transactions.
(a)
Corrected Manufactured Housing Document of Title.
(1)
The department shall make corrections to a manufactured
home document of title upon receipt of a properly executed application for
a document of
title and the previously issued original.
(2) - (3)
(No change.)
(b)
For manufactured homes that are presumed to be personal
property pursuant to §2.001 of the Property Code, the
[
(c)
Inventory Financing Liens.
(1)
A lien and security interest on manufactured homes in the
inventory of a retailer
, as well as to any proceeds of the sale of those
homes,
is perfected by filing an inventory finance security form approved
by the department and in compliance with these sections.
(2)
(No change.)
(3)
The inventory finance security form shall contain the following:
(A)
signatures of both the retailer and the creditor-lender
[
(B)
the name, and chief executive office address of the
retailer; and
[
(C)
the
name and address of the creditor-lender.
[
[(D)
the name and address of the creditor-lender.]
(4)
A separate form must be filed for each licensed
sales
location
[
(5)
For manufactured homes for which no document of title
has been issued, the filing of the inventory-finance security form perfects
a security interest in all manufactured homes, whether then owned or thereafter
acquired, as well as to any proceeds of the sale of those homes, provided
that:
[
(A)
the home is financed by the creditor-lender;
(B)
the creditor-lender has advanced any funds
for the home; or
(C)
the creditor-lender has incurred any obligation
for the home.
(D)
This security interest attaches to a particular
manufactured home only when the act described in either subparagraph (A),
(B), or (C) of this paragraph would either:
(i)
enable the retailer to acquire the manufactured home;
(ii)
pay the existing balance of a creditor-lender for funds
secured by a security interest in the manufactured home;
(iii)
in the event that the retailer and manufacturer are the
same entity, pay funds to the manufacturer-retailer after completion of the
manufacture of the manufactured home; or
(iv)
in the event that the retailer has no debt owed against
untitled new inventory, enable the retailer to use the manufactured home as
security for a new debt.
(6)
(No change.)
(d)
For Release of Lien.
(1)
The lienholder
of a lien recorded on a manufactured
home document of title with the department
shall deliver a properly
executed release of lien form prescribed by the department to the owner of
record
within thirty (30) calendar days of the satisfaction of the debt
or obligation secured by the lien
.
(2)
The lien recorded on a manufactured home document of title
recorded with the department
shall be released by the department upon
receipt of a release of lien form properly executed by the lienholder of record,
and a new document of title shall be issued to the owner(s) of record
if the manufactured home is not real property
.
(e)
Foreclosure or Repossession.
(1)
In the event of
sale after either
foreclosure
or repossession of a manufactured home
that is not real property
,
the department shall issue a new manufactured home document of title in the
name of the
purchaser
[
(A) - (C)
(No change.)
(D)
A certification that the home will not
be located on the same property of the previous owner.
(2)
In the event of foreclosure or repossession of a manufactured
home
that is not real property
, the department will not issue a
new manufactured home document of title until receipt of release of lien.
(f)
Surrender of Title Documents for Cancellation.
(1)
The department shall cancel any outstanding title to a
manufactured home upon receipt of a properly executed application
or
Notice of Installation Affidavit
. Title documents shall be surrendered
for cancellation in the following instances:
(A)
(No change.)
(B)
The manufactured home, or transportable section, has been
declared salvage as defined in
§8 of
the Standards Act[
(C)
(No change.)
(2)
(No change.)
(g)
Right of Survivorship: If
two or more eligible persons
[
§80.207.Reinstatement of Canceled Documents of Title.
(a)
A manufactured home document of title issued by the department
which has been canceled because the home has been permanently affixed to real
estate
upon inspection by the department for habitability and upon representation
by the owner of the owner's intent to transfer or sell the manufactured home
may be reinstated subject to the following documents being filed with
the department:
(1) - (3)
(No change.)
(4)
a certification from a title insurance company authorized
to do business in Texas that no other liens exist on the manufactured home
and if a
Certificate of Attachment
[
(5) - (6)
(No change.)
(b)
(No change.)
§80.208.Recording Tax Lien on Manufactured Homes.
[(a)
The collector for a taxing unit may file
notice of the unit's tax lien on a manufactured home with the department,
if the tax has not been paid by January 31 of the year following the year
for which the tax is assessed. The notice must include:]
[(1)
name and address of owner of the manufactured home;]
[(2)
address and location of the manufactured home as shown
on the collector's records;]
[(3)
amount of tax owed, tax year for which tax was imposed,
and name of taxing unit that imposed the tax;]
[(4)
tax roll account number and taxing unit identification
(ID) number; and]
[(5)
manufacturer name, correct serial number and HUD label
number or Texas seal number.]
[(b)
The notice must be on a form prescribed
by the department, and will consist of four parts:]
[(1)
white--for TDHCA;]
[(2)
blue--for lienholder;]
[(3)
orange--for notice of cancellation;]
[(4)
yellow--for collector.]
[(c)
The white and blue portions of the notice
are sent to the department to file the notice of tax lien. The department
will stamp both portions received and recorded. The white portion will be
returned to the collector, and the blue portion will be returned to the lienholder,
if applicable. The orange portion will be retained by the collector for notice
of lien cancellation. Upon cancellation of the lien, the orange portion should
be completed and sent to the department where it will be date stamped upon
receipt, recorded, and returned to the collector. ]
[(d)
The collector may simultaneously file
notice of tax liens of all the taxing units served by the collector. However,
notice of any lien for taxes for the prior calendar year must be filed with
the department prior to September 1 of the following year. Any lien for which
the notice is not received and recorded by the department by the September
1 deadline is extinguished and is not enforceable.]
[(e)
If the information on the tax lien notice
matches that of the title of record, the department shall record a tax lien
notice, and shall indicate the existence of the lien on any document of title
for the manufactured home issued by the department, until the collector for
the taxing unit files a notice canceling the tax lien. Simultaneously with
the recording of a tax lien, the department must mail a notice of the tax
lien to any other lienholders of record.]
[(f)
If the information on the tax lien notice
does not match that of the title of record, the notice will be returned to
the taxing unit.]
(a)
[
(b)
[
[(i)
For the purposes of this section, the
term "manufactured housing" has the meaning assigned by the Standards Act, §3(17),
but does not apply to any manufactured home which has been declared to be
real estate and for which the document of title has been canceled.]
(c)
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed
with the Office of the Secretary of State on March 25, 2002.
TRD-200201861
Bobbie Hill
Executive Director, Manufactured Housing Division of TDHCA
Texas Department of Housing and Community Affairs
Proposed date of adoption: May 5, 2002
For further information, please call: (512) 475-2206
Chapter 174.
DEFENSE ECONOMIC ADJUSTMENT ASSISTANCE GRANT PROGRAM
(6)
] Business use--Any use other
than for dwelling purposes.
(7)
] Calendar days--Includes every
day on the calendar.
(8)
] Certificate of Attachment [
to Real Estate
]--A certificate issued by the department to the person
who surrenders the
Manufacturer's Certificate of Origin
[
manufacturer's certificate of origin
] or document of title when the
home has been permanently affixed to real estate.
(9)
] Coastline--The shoreline that
forms the boundary between the land and the Gulf of Mexico or a bay or estuary
connecting to the Gulf of Mexico that is more than five miles wide.
(10)
] Credit document--The credit
sale contract or the loan instruments including all the written agreements
between the consumer and creditor that relate to the credit transaction.
(11)
] Creditor--A person involved
in a credit transaction who:
(12)
] Custom designed stabilization
system--An anchoring and support system that is not an approved method as
prescribed by the state generic standards, manufacturer's installation instructions,
or other systems pre-approved by the department.
(13)
] DAPIA--The Design Approval
Primary Inspection Agency.
(14)
] Defect--A failure to comply
with an applicable federal manufactured home safety and construction standard
that renders the manufactured home or any part or component thereof not fit
for the ordinary use for which it was intended, but does not result in an
unreasonable risk of injury or death to occupants of the affected manufactured
home (FMHCSS §3282.7(j)).
(15)
] Department--The
Manufactured
Housing Division of the
Texas Department of Housing and Community Affairs
(TDHCA).
(16)
] Diagonal tie--A tie intended
to primarily resist horizontal forces, but which may also be used to resist
vertical forces.
(17)
] Director--The Executive Director
of the
Manufactured Housing Division of the
Texas Department of
Housing and Community Affairs (TDHCA).
(18)
] Dwelling unit--One or more
habitable rooms which are designed to be occupied by one family with facilities
for living, sleeping, cooking and eating.
(19)
] FMHCSS--Federal Manufactured
Home Construction and Safety Standards that implement the National Manufactured
Home Construction and Safety Standards Act of 1974, 42 USC 5401, et seq.,
and means a reasonable standard for the construction, design, and performance
of a manufactured home which meets the needs of the public including the need
for quality, durability, and safety.
(20)
] Footing--That portion of
the support system that transmits loads directly to the soil.
(21)
] Ground anchor--Any device
at the manufactured home site designed to transfer manufactured home anchoring
loads to the ground.
(22)
] HUD-Code manufactured home--A
structure constructed on or after June 15, 1976, according to the rules of
HUD, transportable in one or more sections, which, in the traveling mode,
is eight body feet or more in width or 40 body feet or more in length, or,
when erected on site, is 320 or more square feet, and which is built on a
permanent chassis and designed to be used as a dwelling with or without a
permanent foundation when connected to the required utilities, and includes
the plumbing, heating, air-conditioning, and electrical systems. The term
does not include a recreational vehicle as that term is defined by 24 CFR, §3282.8(g).
(23)
] Imminent safety hazard--A
hazard that presents an imminent and unreasonable risk of death or severe
personal injury that may or may not be related to failure to comply with an
applicable federal manufactured home construction and safety standard (FMHCSS §3282.7(q)).
(24)
] Independent testing laboratory--An
agency
or firm
that tests products for conformance to standards
and employs at least one engineer or architect licensed in at least one state.
(25)
] Installation information--A
term used to describe the reports used to inform the department of information
needed to perform installation inspections (includes
Notice of Installation
Affidavit
[
"Affidavit of Installation" and "Form E--Statement of
Home Location"
]).
(26)
] IPIA--The Production Inspection
Primary Inspection Agency which evaluates the ability of manufactured home
manufacturing plants to follow approved quality control procedures and/or
provides ongoing surveillance of the manufacturing process.
(27)
] Main frame--The structural
components on which the body of the manufactured home is mounted.
(28)
] Manufactured home--A HUD-Code
manufactured home or a mobile home and collectively means and refers to both.
(29)
] Manufactured home identification
numbers--For purposes of title records, the numbers shall include the HUD
label number(s) and the serial number(s) imprinted or stamped on the home
in accordance with HUD departmental regulations. For homes manufactured prior
to June 15, 1976, the Texas seal number, as issued by the department, shall
be used instead of the HUD label number. If a home manufactured prior to June
15, 1976, does not have a Texas seal, or if a home manufactured after June
15, 1976, does not have a HUD label, a Texas seal shall be purchased from
the department and attached to the home and used for identification in lieu
of the HUD label number.
(30)
] Manufactured home site--That
area of a lot or tract of land on which a manufactured home is installed.
(31)
] Mobile home--A structure
that was constructed before June 15, 1976, transportable in one or more sections,
which, in the traveling mode, is eight body feet or more in width or 40 body
feet or more in length, or, when erected on site, is 320 or more square feet,
and which is built on a permanent chassis and designed to be used as a dwelling
with or without a permanent foundation when connected to the required utilities,
and includes the plumbing, heating, air-conditioning, and electrical systems.
(32)
] Permanent foundation--A system
of supports
and securements
, including piers, either partially
or entirely below grade which is constructed or certified in accordance with
the criteria outlined in §80.52(a) and (b) of this title (relating to
Permanent Foundation Performance Criteria).
(33)
] Permanently affixed
, permanently attached, permanently installed or becomes an improvement
--Having
been anchored to the real estate by attachment to a permanent foundation.
(34)
] Rebuild--To make a salvaged
manufactured home habitable in accordance with §80.66 of this title (relating
to Rebuilding or Repairing a "Salvaged" Manufactured Home).
(35)
] Rebuilder--Any person, within
the state, who has been
licensed
[
certified
] by the
department to rebuild a salvaged manufactured home, as defined in
§8(g)
of
the Standards Act, [
§8(g),
] in accordance with the
rules and regulations of the department.
(36)
] Serious defect--Any failure
to comply with an applicable federal manufactured home construction and safety
standard that renders the manufactured home or any part thereof not fit for
the ordinary use for which it was intended and which results in an unreasonable
risk of injury or death to occupants of the affected manufactured home (FMHCSS §3282.7(gg)).
(37)
] Shim--A wedge-shaped piece
of cedar, oak, walnut, pecan, gum, ash, hickory, elm, or other comparable
hardwood
or other accepted material
not to exceed one (1) inch
vertical (actual) height.
(38)
] Stabilizing components--All
components of the anchoring and support system such as piers, footings, ties,
anchoring equipment, ground anchors, and any other equipment which supports
the manufactured home and secures it to the ground.
(39)
] Standards Act--
Texas
Manufactured Housing Standards Act,
Texas Revised Civil Statutes, Article
5221f.
(40)
] Support system--A combination
of footings, piers, caps and shims that support the manufactured home.
(41)
] TDHCA--The
Manufactured
Housing Division of the
Texas Department of Housing and Community Affairs
(Department).
(43)
] TMHSA--Texas Manufactured
Housing Standards Act, Texas Revised Civil Statutes, Article 5221f.
(44)
] Used [
manufactured
]
home--Any manufactured home
(or mobile home)
for which a document
[
or certificate
] of title has previously been issued by an appropriate
agency of any state
or which has been occupied
.
(45)
] Vertical tie--A tie intended
to primarily resist the uplifting and overturning forces.
(46)
] Wind Zone I--All Texas counties
not in Wind Zone II.
(47)
] Wind Zone II--Aransas, Brazoria,
Calhoun, Cameron, Chambers, Galveston, Jefferson, Kenedy, Kleberg, Matagorda,
Nueces, Orange, Refugio, San Patricio, and Willacy counties.
(48)
] Working days--Includes every
day on the calendar except Saturday, Sunday, and federal and state holidays.
Subchapter C. FEE STRUCTURE
$375
] for each manufacturer's
plant license;
$225
] for each retailer's sales
license;
$225
] for each rebuilder's
license;
$125
] for each broker's license;
$125
] for each installer's
license; and
$50
] for each salesperson's
license.
Form E
(Affidavit of Installation)
]; or
Form T (Installation Report)
]
within ten (10) working days following the installation date.
$125
]. If a manufacturer
requests the training be performed at his or her facility, the manufacturer
shall reimburse the department for the actual costs of the training session
(educational fee plus actual cost of travel).
other purposes and has been surrendered
]. The inspection is to determine
if the home is habitable
as defined by §8 of the Standards Act
.
The fee shall accompany a
Form A to apply for reinstatement of the title
along with those documents set forth in §80.207 of this title (relating
to Reinstatement of Canceled Documents of Title)
[
written request
for the inspection
]. The person requesting the inspection for the use
change of a manufactured home shall be charged for mileage and per diem incurred
by department personnel traveling to and from the location of the manufactured
home.
The inspector shall advise the consumer of the charges incurred
and no title shall be issued until all fees have been paid.
has been
]
rebuilt to determine if the home is habitable for
reinstatement of
the [
issuance of a new
] title. The fee shall accompany a written
request for the inspection. The rebuilder shall also be charged for mileage
and per diem incurred by department personnel traveling to and from the location
of the home.
See §80.66 of this title (relating to Rebuilding or
Repairing a "Salvaged" Manufactured Home). The inspector shall advise the
rebuilder of the charges incurred and no title shall be issued until all fees
have been paid.
The fee shall be paid by the license holder, party other than
the consumer, or the consumer.
] The fee shall be paid by the party deemed
responsible by the department.
Subchapter D. STANDARDS AND REQUIREMENTS
damage
];
it is
], a
permanent foundation
is a
system which is certified by the consumer/mortgagor and the lender/mortgagee
in a real estate loan transaction, or certified by the owner if there is no
lien or the lien has been released, as having permanently affixed the structure
to the real estate.
If the certification is by the owner only, the certification
must show compliance with local ordinances if applicable.
installing any required
moisture and ground vapor control measures in accordance with the home installation
instructions or the generic standards and for providing for the proper cross
ventilation of the crawl space. If the purchaser or homeowner contracts with
a person other than the retailer or installer for the skirting, the purchaser
or homeowner is responsible for installing the moisture and ground vapor control
measures and for providing for the proper cross ventilation of the crawl space.
]
Except in
rental communities, proper drainage is the responsibility of the homeowner.
] It is strongly recommended that the installer not install the home
unless the exterior grade is sloped away from the home or another approved
method to prohibit surface runoff from draining under the home is provided.
Drainage prevents water build-up under the home. Water build-up may cause
shifting or settling of the foundation, dampness in the home, damage to siding
and bottom board, buckling of walls and floors, delamination of floor decking
and problems with the operation of windows and doors.
at least 4 inches
] wide [
(nominal)
]
and 6 inches long. Over shimming should be avoided.
11/4
] inches wide and 0.035 inches in thickness,
certified by a licensed professional engineer or architect as conforming with
the American Society for Testing and Materials (ASTM) Standard Specification
D3953 91, Standard Specification for Strapping, Flat Steel, and Seals. Tie
materials shall be capable of resisting an allowable working load of 3,150
pounds with no more than 2% elongating and shall withstand a 50% overload
(4,725 pounds total). Ties shall have a resistance to weather deterioration
at least equivalent to that provided by coating of zinc on steel of not less
than 0.30 ounces per square foot on each side of the surface coated (0.0005
inches thick), as determined by ASTM Standards Methods of Test for Weight
of Coating on Zinc-coated (galvanized) Iron or Steel Articles (ASTM A 90-81).
Slit or cut edges of zinc-coated steel strapping are not required to be zinc
coated.
Strapping shall be marked at least every five feet with the marking
described by the certifying engineer or architect.
subsection §80.54(c)
] of this title (relating to Standards
for the Installation of Manufactured Homes) for perimeter pier construction.
Diagonal tie is not required.
(II)
] installations, regardless of the date of manufacture, when installation
occurs after the effective date of these rules.
strap
] may be connected or wrapped around
front or rear chassis header members, around existing [
chassis
]
cross members[
,
] or spring hangers.
Alternatively, brackets
to receive the strap(s) may be welded to the bottom flange of the main I-beams.
The
[
Their
] location
of the connection points
along the length of the
I-beams are
[
home is
] not critical,
as long as the number of longitudinal ties required for each end of each home
section are installed with their pull in opposite directions.
No two
anchors shall be within 4 ft of each other. No two ties shall be attached
to the same structural member of the home, other than a main longitudinal
frame member or a front or rear chassis header member.
[
See Figures
1 and 2 in subparagraph (D) of this paragraph.
]
Units
less than 60 feet in box length require at least two longitudinal ties per
end per section. These longitudinal ties are in additional to the sidewall
ties.
]
Before
] positioning additional
sections, the mating line surfaces along the floor, endwall and ceiling, require
material
or procedures
to limit air infiltration
and water
vapor migration
. The following are acceptable materials and/or procedures:
expanding foam (this may also be applied after the
units are joined);
]
carpet or carpet pad (should be held in place with
fasteners); and
]
insulation, sill sealer (should be held in
place with fasteners).
]
Figure: 10 TAC §80.56(a)(3)
]
.
]
roofs
] shall be connected with
the fasteners and spacings specified in Table
56(d)(3).
[
56(6)(c);
]
gaps
] between the roof sections
(at ridge beam and/or open beam ledgers) of up to 1-1/2 inches wide maximum
which do not extend the full length of the roof must be filled with lumber
and/or plywood shims. Gaps up to 1/2 inch need not be shimmed. The fastener
length used in the shimmed area may need to be increased to provide a minimum
1-1/4 inch penetration into the adjacent roof structural member
.
[
;
]
56(6)(c)
].
47
] of the
International
Code Council, 2000 International Residential Code
[
Council of American
Building Officials (CABO) One and Two Family Dwelling Code, 1995 Edition,
] for materials used to fabricate stabilizing components and systems.
The department adopts the stabilizing component destruction test failure criteria
of the
FMHCSS (24 CFR, Part 3280) and the 2000 International Residential
Code, Appendix E.
[
following publications:
]
National
Evaluation Service Committee of the Council of American Building Officials,
applicable evaluation reports from the International Conference of Building
Officials (ICBO) Evaluation Service, Inc. of the ICBO, Southern Building Code
Congress International, or applicable reports from a successor of any of the
preceding organizations are acceptable as certification reports.
]
Treated wood components shall only be used in permanent
foundations conforming to the CABO One and Two Family Dwelling Code, 1995
Edition.
]
47
] of the
2000 International
Residential Code
[
CABO One and Two Family Dwelling Code, 1995 Edition
].
§8,
] may be rebuilt/repaired for purposes of issuance of a manufactured
home document of title at the option of the department after inspection in
accordance with department procedures. Notification in writing to the department
at its Austin headquarter's office shall be required before rebuilding/repair
begins.
Subchapter E. GENERAL REQUIREMENTS
, §7(j)
]. It is unlawful for a subcontractor who is acting
as an agent for a licensed installer to advertise and/or offer installation
services to any person unless the licensed installer's name appears prominently
in the advertisement.
The
] installer
shall file an application to install a manufactured home on a permanent foundation
on a form approved by the department. The
$100
fee for the permanent
foundation installation
report
shall be forwarded with the application.
After the department inspects the permanent foundation and indicates acceptance
of the permanent foundation on the form, the title company, attorney, retailer,
or retailer's agent later files the Notice of Installation Affidavit, including
a copy of the form, with the public land records of the county and forwards
a copy to the department. The $100 reporting fee does not have to be paid
to the department again.
A
]
copy of the foundation system drawing as stamped and signed by the licensed
engineer or architect must be filed with the application.
TDHCA
]
inspector at the time an inspection is performed.
department prior
to the date on which the construction of the foundation system is scheduled
to begin
].
permanent
] foundation
installation must be paid and sent to the department along with the certification.
The installer
] must complete the installation in accordance with the
standards and requirements of this chapter
and file the Notice of Installation
Affidavit, marked as "Method A," and shall accompany title application within
10 working days after the installation is completed
.
, §20
];
and
]
.
]
(A)
] verification that the manufacturer's
new home warranty, consumer's manual, and retailer's installation warranty
were delivered to the purchaser;
(B)
] verification of the date that
the manufactured home information card was mailed to the manufacturer; and
(C)
] verification of delivery of
conspicuous notice relating to defect or damage under the new home warranty
as required by
§14(l) of
the Standards Act[
, §14(l)
].
and
]
(B)
] verification that the purchaser
received the retailer's installation warranty if the retailer contracted for
the installation as a part of the sales agreement.
§13,
] "other security"
means an assignment of a certificate of deposit from or on a state or federally
chartered bank or savings and loan association, properly signed and filed
with the department.
If other security is posted, the other security
must be maintained in or by a banking institution located in this state.
Such deposits are hereinafter referred to as security. Forms shall be furnished
by the department for filing an assignment of such security. If such security
is reduced by a claim, the license holder shall, within twenty (20) calendar
days, make up the deficit as required by
§13(i) of the
Standards
Act[
, §13(i)
]. No advance notice is required by the department
to the license holder, but the department shall verify receipt of the deposit.
§13,
] shall remain on file with the department for two (2) years after the
person ceases doing business as a manufacturer, retailer, broker, rebuilder,
or installer, or until such later time as the director may determine that
no claims exist against the security. A bond or certificate of deposit may
be filed in lieu of or to replace the assigned security. In the event a bond
is filed to replace the assigned security and the initial effective date of
the bond is the same or prior to the date of the assignment of security, such
security or deposit may be immediately withdrawn upon request.
§13(f),
] a manufacturer
who does not have a manufacturing plant in this state must have a bona fide
service facility.
certified
] by the department to alter, repair, or otherwise rebuild
a salvaged manufactured home, as that term is defined in
§8(g) of
the Standards Act, [
§8(g),
] within this state, shall
be licensed. An application shall be submitted on the form required by the
department and shall be completed, giving all the requested information. The
application shall be accompanied by the required license fee
and Articles
of Incorporation or Assumed Name Certificate
. [
In addition to the
license requirements, the licensed rebuilder must be certified by the department.
In order to be certified by the department, the department must observe the
rebuilding process of the first home to verify that the manufactured home
will be rebuilt in accordance with applicable laws, codes, standards, rules,
orders, and directives of the department. The department will certify the
applicant as a rebuilder once all requirements have been met.
]
subsection (e)(A) of this section
].
or
] installation instructions stamped by a
Texas
licensed professional engineer or architect
, or an installation plan
with details and specifications conforming to the state's generic standards
shall accompany the application.
the period
of time set forth on the license certificate
].
register
] as a salesperson, and the
owner of a sole proprietorship, a partner in a partnership, or an officer
in a corporation which is duly licensed does not
need
[
have
to register as
] a
salesperson's license
[
salesperson
] so long as such individual is [
properly
] listed in the
ownership of the application filed with the department
[
retailer's
or broker's application for license
].
certificate of license as
] a
salesperson's
license
[
salesperson
] must file with the department an application
for license on a form provided by the department containing:
Salesperson annual renewal license
forms shall be available at manufactured housing retailer and broker locations,
or any office of the department. Renewal forms and payment
] of the renewal
fee shall be made by the salesperson
and submitted to the department
along with the completed license renewal notice
prior to the expiration
of the current license.
and
]
.
]
application
]
by the purchaser providing information as may be required by the department;
and
§7(p),
] have been met.
title
]. A manufacturer may request a one-day in-plant
training session be presented by the department in lieu of completing the
instruction requirement. The license will not be issued until the owner, partner,
corporate officer, or other person who will personally have the day-to-day
management responsibility for the business location, or the salesperson to
be licensed, attends and completes this educational requirement. This section
shall not apply to the renewal of licenses, nor to the license of additional
business locations.
(j)
] Denial, Suspension,
Renewal
Denial,
or Revocation of License Relating to Criminal Background.
(k)
] License Renewal Requirements.
It is the responsibility of the license holder to renew the license prior
to its expiration date
.
[
; however,
]
the
] department will mail each
license holder a renewal notice and application for renewal at least forty-five
(45) calendar days prior to the date on which the current license expires.
Notice will be mailed to the last known address indicated in department records
.
[
;
]
in
] order to prevent the expiration
of a certificate of license, all applications for license renewals must be
received by the department prior to the date on which the current license
expires
.
[
; and
]
if
] an application for license
renewal is received by the department after the date on which the current
license expires, the license will not be reinstated except with approval of
the director. The director may require a hearing prior to reinstatement.
(l)
] Application and Appeals.
(C)
] License applications and accompanying
documents received shall be processed and issued within seven (7) working
days if all conditions for license have been met.
(D)
]
License
[
Within
seven (7) working days of the date received by the department, license
]
applications and accompanying documents found to be incomplete or not properly
executed shall be returned to the applicant with an explanation of the specific
reason and what information is required to complete license. Upon receipt
of all required information, the license will be issued within seven (7) working
days.
(E)
] Upon written request, the department
will call the license holder and provide the license number assigned.
subparagraph
(D)
] of this subsection. The department will decide the appeal within
twenty (20) calendar days of the receipt of the letter of appeal by the director.
For purposes of the Standards Act, §§7, 8,
and 14, the written warranty documents shall have been timely delivered if
given to the homeowner at the time the contract for sale is signed.
]
The "installer" as defined in §80.119(a) of this
title (relating to Installation Requirements), shall deliver the installation
warranty required by the Standards Act, §14(d) and (m), to the consumer
at the time of entering into the installation contract. If the retail sale
of a used manufactured home includes installation, the selling retailer must,
as the contracting installer, give the installation warranty. The installer
must keep a copy of the installation warranty and proof of delivery to the
consumer in a permanent file for review by the department.
]
§2,
] to provide for the protection of the citizens who purchase
manufactured housing and to provide fair and effective consumer remedies,
the following procedures will be followed:
fifteen (15) working
] days from the
date an inspection is requested. The inspector shall:
determine
] whether or not the item is covered
by either the manufacturer's, retailer's, or installer's warranty and, if
covered, by which of the respective warranties. In addition, the inspector
shall categorize items as follows:
five (5)
] working
days following the consumer complaint home inspection, the department shall
mail its written report and orders
(includes amended reports and orders),
if any, to the consumer, manufacturer, retailer, and installer by certified
mail, return receipt requested.
Once the department receives the service or work orders with the consumer's
signature indicating that all items have been satisfactorily completed, the
department shall send a notice to the consumer that the department has closed
the complaint file.
]
If service
or repairs cannot be made within the specified time frame, the license holder
shall notify the department in writing prior to the expiration of the specified
time frame by certified mail. The notice shall list those items which have
been, or will be, completed within the time frame and shall show good cause
why the remainder of the service or repairs cannot be made within the specified
time frame. The license holder shall request an extension for a specific time.
If the department fails to respond in writing to the request within five (5)
working days of the date of receipt of the notice of request for extension,
the extension has been granted.
]
, §8(b)
];
, §20
]; and
Subchapter F. CONSUMER NOTICE REQUIREMENTS
If it is a cash sale, the copy of the notice
must be delivered before the acceptance of payment or the execution of title
transfer documents. An agreement to order a HUD-Code manufactured home from
the manufacturer, or an agreement to hold a home in inventory for a period
of time, which is secured by a forfeitable consumer deposit, is a "mutually
binding sales agreement" for purposes of this section.
]
Subchapter G. TITLING
Except as otherwise expressly provided, the
] fee shall
be submitted in the form of a cashier's check or money order payable to the
Texas Department of Housing and Community Affairs. The fee shall accompany
the required documents forwarded to the Manufactured Housing Division of the
department at its principal office in Austin. Ten dollars of the fee for each
title transaction shall be deposited in the HORF. A title transaction is
the issuance, reissuance, reinstatement, cancellation or recordation of
:
the issuance, reissuance,
reinstatement, or cancellation of a manufactured home document of title including
issuance of corrected titles (unless the correction is required because of
an error by the department)
];
the issuance
of a salvage title
];
the cancellation of a
manufacturer's certificate of origin
];
the filing of an inventory financing lien
];
the filing of foreclosure documents or a repossession affidavit; and
]
the recording of a transfer of ownership from a
lienholder to or through a retailer.
]
(2)
] There shall be a separate transaction
fee of $35 for Quick Title Service related to the issuance [
or cancellation
] of titles in addition to the $35 for each title transaction. Quick
Title Service shall be defined as the processing of the documents related
to a title transfer [
or cancellation
] within three (3) working
days from the day the application is received in the Manufactured Housing
Division. Title transfer documents must
be
received in good [
transfer
] order in the department's manufactured housing division in
Austin for the issuance of a manufactured housing title [
or cancellation
] on a Quick Title Service basis. Title transfer documents which are
not in good transfer order or which are incomplete will be returned to the
sender, and the title application will be processed within three (3) working
days from the date that correct and completed documents are received.
All quick title applications must be submitted by overnight mail or delivered
in-person.
The $35 fee is payable for any subsequent issuance or reissuance
of a manufactured home document of title except for the issuance of a corrected
document of title in those instances where an error was made by the department
in the document of title.
]
the
] fee
described herein
[
for the issuance of titles
]. All state or federally chartered
banks, savings banks or savings institutions and all commercial lenders or
mortgage bankers who extend credit for the retail purchase of manufactured
homes may also pay
any
[
title transaction or title search
] fees with company or business firm checks at the discretion of the
department. All checks shall be made payable to the
Manufactured Housing
Division of TDHCA
[
Texas Department of Housing and Community Affairs
].
title
] transactions or the issuance of more
than one document [
of title
]. When multiple applications are submitted,
a form prescribed by the department must be included which shall identify
each application and reconcile the [
$35
] fee for each application
with the total amount of the check.
will not process
] the application
without processing
if the lienholder information
is not complete
or appears to have been modified
.
when husband and wife are
] purchasers or transferees. The document
of title shall indicate whether the right of survivorship has been elected.
Texas Department of
Housing and Community Affairs
] at the Austin headquarter's office, with
supporting documents.
and
]
.
]
Form E
]). The installation
fee may be combined with the titling fee for each home.
space for the signature(s) of the purchaser(s) and
a
] designation of right of survivorship;
and
]
.
]
The
] department shall issue a certified copy of the original manufactured
home document of title or of the nontransferable copy upon receipt of a properly
executed application for
a document of
title. If a lien is recorded
on the document of title, the certified copy of the original document of title
shall be mailed to the lienholder of record.
the date of the security agreement between the parties
];
signatures of both the retailer and the creditor-lender;
]
name, address, and license number of the retailer; and
]
retailer
].
The filing of the inventory-finance security form perfects
a security interest in all manufactured homes which have been financed by
the creditor-lender or for which the creditor-lender has advanced any funds
or has incurred any obligation which enabled the retailer to acquire the manufactured
home. The filing of the inventory-finance security form also perfects a security
interest in all manufactured homes which are thereafter acquired by the retailer,
for which the creditor-lender advances any funds or incurs any obligation.
The security interest for these future acquisitions attaches immediately upon
the advancement of funds or the incurrence of the obligation. The creditor-lender
is not required to file additional inventory-finance security forms.
]
lienholder
], upon receipt of
a properly executed application for title containing the following information:
, §8
]; or
both husband and wife
] are shown as purchasers or transferees,
they may execute the right of survivorship election on an application for
title. Such election constitutes an agreement for the right of survivorship.
If the survivorship election is taken, then the department will issue a new
document of title to the surviving
person(s)
[
spouse
]
upon receipt of a copy of the death certificate of the deceased
person(s)
[
spouse
], and a properly executed application for title.
certificate of attachment
] to real estate has been filed in the deed records of the county in
which the real estate is located, that a notice of removal from real estate
has been filed in the deed records of the county in which the real estate
from which the home was removed is located; and
(g)
] For all manufactured homes
sold, or to which ownership is transferred, after December 31, 1985
and before August 31, 2001 and for all manufactured homes that are not real
property sold, or to which ownership is transferred after December 31, 1985
, the recording of a tax lien notice filed with the department constitutes
constructive notice of the existence of the lien to all purchasers of the
manufactured home who purchase it after the date or recordation of the lien
and before the collector for the taxing unit files a notice canceling the
tax lien.
(h)
] If a tax lien
filed with
the department in accordance with this section
ceases to exist, the
collector for the taxing unit shall file a notice with the department stating
that the lien no longer exists. Such notice shall be filed no later than ten
(10) calendar days after payment of the taxes.
(j)
] A personal property tax lien
may not be enforced against a manufactured home transferred to a bona fide
purchaser who does not have constructive notice of the existence of the lien.
Part 5.
TEXAS DEPARTMENT OF ECONOMIC DEVELOPMENT