19 CRR-NY 1210.3NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 19. DEPARTMENT OF STATE
CHAPTER XXXII. DIVISION OF CODE ENFORCEMENT AND ADMINISTRATION
PART 1210. MANUFACTURED HOMES
19 CRR-NY 1210.3
19 CRR-NY 1210.3
1210.3 Certification.
(a) Certification.
On and after July 1, 2006, no person or business entity shall manufacture any manufactured home outside the State of New York for sale into the State of New York, or manufacture, sell (other than in a non-retail sale), install, or service any manufactured home in the State of New York, unless such person or business entity has obtained the appropriate certification from the Department of State pursuant to article 21-B.
(b) Presence of certified installer during installation.
On and after July 1, 2006, no manufactured home shall be installed in the State of New York unless at least one person certified by the Department of State as an installer is present at the home site during the installation. The presence of a person holding a limited certificate issued pursuant to section 1210.6(f) (Standards for certification as an installer) of this Part at the home site during the installation shall be deemed to satisfy this requirement if, but only if, such person was acting within the scope of his or her employment by the employer named in such person's limited certificate during such installation. The presence of a person holding an owner-occupant installer certificate at the home site during the installation shall be deemed to satisfy this requirement only in connection with the installation of the manufactured home which is identified in such owner-occupant installer certificate and which is or is to be owned and occupied by the person holding such owner-occupant installer certificate.
(c) Presence of certified installer or mechanic during service.
On and after July 1, 2006, no manufactured home shall be serviced in the State of New York unless at least one person certified by the Department of State as an installer or as a mechanic is present at the home site during the service. The presence of a person holding a limited certificate issued pursuant to section 1210.6(f) (Standards for certification as an installer) or 1210.7(f) (Standards for certification as a mechanic) of this Part at the home site during the service shall be deemed to satisfy this requirement if, but only if, such person was acting within the scope of his or her employment by the employer named in such person's limited certificate during such service. The presence of a person holding an owner-occupant installer certificate at the home site during the installation shall not be deemed to satisfy this requirement.
(d) Applicant to satisfy standards for certification.
An applicant for certification as a manufacturer, retailer, installer, or mechanic must establish to the satisfaction of the Department of State that the applicant satisfies the standards for certification as set forth in section 1210.4 (Standards for certification as a manufacturer), 1210.5 (Standards for certification as a retailer), 1210.6 (Standards for certification as an installer), or 1210.7 (Standards for certification as a mechanic) of this Part, as applicable.
(e) Application for certification.
An application for certification as a manufacturer, retailer, installer, or mechanic shall be in writing, shall be submitted on a form provided by or otherwise acceptable to the Department of State, and shall be accompanied by the appropriate application fee set forth in section 1210.19 (Fees) of this Part. If the applicant is a business entity, the applicant shall submit proof establishing to the satisfaction of the Department of State that the applicant has been duly formed under the laws of the State of New York (or, if applicable, that the applicant has been duly formed under the laws of another jurisdiction and has qualified to do business in the State of New York), and that the applicant is in existence and has full authority to do business in the State of New York. If the applicant does business under an assumed name, the applicant shall submit proof establishing to the satisfaction of the Department of State that the applicant has satisfied the requirements of section 130 of the General Business Law. In addition, any person or business entity applying for certification shall provide such additional information and documentation as may be requested from time to time by the Department of State. An application shall not be deemed to be complete until the applicant has provided all additional information and documentation that may be so requested.
(f) Denial of application.
The Department of State shall, before making a final determination to deny an application for a certification, notify the applicant in writing of the reasons for such proposed denial and shall afford the applicant an opportunity to be heard, in person or by counsel, prior to denial of the application. Such notification shall be served by first class mail, by certified mail (return receipt requested), or in any manner authorized by the Civil Practice Law and Rules for service of a summons. If the applicant fails to make a written request for a hearing within 35 days after receipt of such notification, then the notification of denial shall become the final determination of the Department of State. If the applicant does make a written request for a hearing within such 35-day period, a hearing shall be conducted at such time and place as the Department of State shall prescribe and in accordance with the provisions of Part 400 of this Title. For the purposes of applying Part 400 of this Title to any such proceeding, the term license shall be deemed to include a certification.
(g) Registry.
The Department of State shall maintain the registry contemplated by subdivision (1) of section 604 of the Executive Law. Such registry shall include information related to manufacturers, retailers, installers, and mechanics, and shall be accessible by the public.
(h) Cooperation.
Each person or business entity certified pursuant to article 21-B shall cooperate with any investigation made by the Department of State or by any representative of the Department of State regarding the conduct of such person or business entity or of any employee or representative of such person or business entity, and with any investigation by the Department of State or by any representative of the Department of State regarding any complaint filed under section 1210.18 (Resolution of disputes) of this Part.
19 CRR-NY 1210.3
Current through November 30, 2020
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