815 KAR 25:080. Requirements for certifying manufactured home installers.

      RELATES TO: KRS 227.550, 227.560(1), 227.570, 227.580(1), (3), 227.590, 227.600(3), 227.630, 227.990

      STATUTORY AUTHORITY: KRS 227.570(2), 227.590(1)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 227.570(2) requires the office to enforce standards of installation, adopted by the Manufactured Home Certification and Licensure Board, as it determines are reasonably necessary to protect public health and safety. KRS 227.590(1) requires the board to promulgate administrative regulations to establish the standards. This administrative regulation establishes the requirements for certifying manufactured home installers.

      Section 1. Definitions. (1) "Board" is defined in KRS 227.550(1).

      (2) "Certified installer" means an individual certified to install manufactured homes in Kentucky pursuant to this administrative regulation.

      (3) "Installation" means the work performed on-site and the operations involved in the delivery, permanent securing, and placement of a manufactured home for the purpose of human occupancy, to:

      (a) Include the following:

      1. Preparation of a permanent foundation;

      2. Placement of polyvinyl covering on the ground, if applicable;

      3. The placement and connection of utilities performed by appropriately-licensed contractors;

      4. Anchoring and tying down; and

      5. Installation of other accessory or appurtenance specified in the sales contract; and

      (b) Exclude the following:

      1. Site preparation; or

      2. For a single-section home, ground set after site preparation.

      (4) "Office" is defined in KRS 227.550(11).

      (5) "Permanent foundation" means a system of supports:

      (a) Capable of transferring without failure, into soil or bedrock, the maximum design load imposed by or upon the structure;

      (b) Constructed of concrete; and

      (c) Placed at a depth below grade adequate to prevent frost damage.

      (6) "Site preparation" means work performed on the land in preparation for installation of the home:

      (a) Including:

      1. Clearing and initial grading;

      2. Water drainage; and

      3. Vegetation control; and

      (b) Excluding final grading after the home has been set.

      Section 2. Requirements for Certification. (1) An applicant for certified installer shall:

      (a) Submit to the office a completed Form MHCI 3;

      (b) Pay an application fee of $100 to the office;

      (c) Successfully complete fifteen (15) hours of an approved course of education;

      (d) Provide written proof of regularly assisting in site preparation and installation functions:

      1. Under the supervision of a certified installer;

      2. For at least sixty (60) days; and

      3. On at least five (5) homes;

      (e) Pass the certified installer examination given by the office; and

      (f) Provide a certificate verifying current worker’s compensation insurance coverage, if the applicant is employed at the time of application.

      (2) An installer certification shall be issued in the name of the individual qualified under subsection (1) of this section. The individual may request that the certificate also bear the name of the employing company.

      (3) If the certified installer changes his business name or is no longer associated with the company whose name appears upon the certificate, the certified installer shall inform the office and request an amended certificate which shall reflect the current status. If the certified installer is no longer associated with a company, that company shall not hold itself out as a certified installer or having in its employ a certified installer until another certified person has become associated with that company.

      Section 3. Renewal of Certification; Continuing Education. (1) The installer certificate shall expire on the last day of the installer's birth month. If an initial certificate is for a period of less than twelve (12) months, the fee shall be reduced on a pro rata monthly basis.

      (2) A certified installer seeking to renew certification shall:

      (a) Submit a completed application, Form MHCI 3, to the office;

      (b) Pay a renewal fee of fifty (50) dollars; and

      (c) Provide proof of at least five (5) classroom hours successfully completed during the year in a course offered by the Kentucky Manufactured Housing Institute.

      Section 4. Minimum Requirements for Installations. A certified installer shall comply with KRS 227.570(3) by using the manufacturer’s instructions or ANSI A225.1, Manufactured Home Installations.

      Section 5. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) "ANSI A225.1, Manufactured Home Installations", 1994 Edition; and

      (b) "Form MHCI 3, Certified Installer Application", September, 2007.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Office of Housing, Buildings and Construction, Division of Fire Prevention, Manufactured Housing Section, 101 Sea Hero Road, Suite 100, Frankfort, Kentucky 40601-5405, Monday through Friday, 8 a.m. to 4:30 p.m. (27 Ky.R. 2978; Am. 3260; eff. 6-8-2001; 31 Ky.R. 1749; 32 Ky.R. 263; eff. 8-25-05; 34 Ky.R. 874; 1436; eff. 1-4-2008.)