HUD-Administered Manufactured Home State Installation...

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Information for Manufactured Home Retailers Presented by SEBA Professional Services, LLC October 20, 2015 The U.S. Department of Housing and Urban Development HUD-Administered Manufactured Home State Installation Program 1

Transcript of HUD-Administered Manufactured Home State Installation...

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Information for Manufactured Home RetailersPresented by

SEBA Professional Services, LLCOctober 20, 2015

The U.S. Department of Housing

and Urban Development

HUD-Administered Manufactured Home State

Installation Program

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HUD Administered Manufactured Housing

State Installation Program

• The Manufactured Housing Improvement

Act of 2000, Model Manufactured Home

Installation Standards were implemented in

2008.

• The program for HUD-Administered states is

being rolled out now as part of this

implementation.

• The purpose of the program is to implement

regulations 24 CFR Part 3285 and 24 CFR

Part 3286.

Purpose

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HUD Administered Manufactured Housing

State Installation Program

Retailers play a critical role in the successful implementation of the installation program. They provide an important link to the industry that is essential for gathering and tracking information.

All retailers who sell manufactured homes for installation in a HUD-Administered state must follow certain requirements in providing information to consumers, and HUD through SEBA.

States & territories include: Alaska, Connecticut, Hawaii, Illinois, Maryland, Massachusetts, Montana, Nebraska, New Jersey, Rhode Island, South Dakota, Vermont, Wyoming, The Commonwealth of Puerto Rico, Guam, the Virgin Islands, and American Samoa.

Retailers

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• §3282 Subpart F

• §3286.5(c) Overview of installation program.

• §3286.102 Information provided by manufacturer.

• §3286.103 DAPIA-approved installation instructions.

• §3286.105 Requirement for installer licensing.

• §3286.109 Inspection requirements—generally.

• §3286.111(b) Installer certification of installation.

• §3286.113 Information provided by retailer.

• §3286.115 Date of installation.

• §3286.117 Completion of sale date.

• §3286.603 At or before sale.

• §3286.605 After sale.

• §3286.7(b) Retailer disclosures before sale or lease.

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Summary of Retailer Responsibilities

HUD Administered Manufactured Housing

State Installation Program

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3282 Subpart F—Retailer and Distributor Responsibilities

HUD Administered Manufactured Housing

State Installation Program

§3282.251 – §3282.256

• §3282.251 Scope and purpose.

• §3282.252 Prohibition of sale.

• §3282.253 Removal of prohibition of sale.

• §3282.254 Distributor and retailer alterations.

• §3282.255 Completion of information card.

• §3282.256 Distributor or retailer complaint handling.

PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS

Can be found here

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§3286.5 Overview of Installation Program

HUD Administered Manufactured Housing

State Installation Program

All retailers are responsible for complying with regulations set forth in 24 CFR

3286.5(c)

“Manufacturer and retailer requirements. (1) Manufacturers and retailers are responsible for

compliance of the home with the construction and safety standards in part 3280 of this chapter, in

accordance with the Act and applicable regulations. Manufacturers and retailers must also comply

with applicable requirements in this part relating to the installation of the manufactured home.”

PART 3280—MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS

Can be found here

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§3286.102 Information Provided by Manufacturer

HUD Administered Manufactured Housing

State Installation Program

Upon receiving a new manufactured home from the manufacturer, retailers

should receive notice from the manufacturer about information that is being

reported to HUD. Retailers are responsible for updating tracking information.

“(a) Shipment of home to retailer or distributor. At the time the manufactured home is shipped

to a retailer or distributor, the manufacturer must provide notice to the retailer or distributor that

tracking information for the home is being provided to HUD, and the information must be

updated by the retailer or distributor in accordance with the requirements in §3286.113. Such

notice must include all of the information required in §3286.9(a).”

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§3286.103 DAPIA-Approved Installation Instructions

HUD Administered Manufactured Housing

State Installation Program

Retailers are responsible for providing instructions to the purchaser and/or

installer of the manufactured home.

“(a) Providing instructions to purchaser or lessee. (1) For each manufactured home sold or

leased to a purchaser or lessee, the retailer must provide the purchaser or lessee with a copy of

the manufacturer's DAPIA-approved installation instructions for the home.”

(b) Providing instructions to installer. When the retailer or manufacturer agrees to provide any

set up in connection with the sale of the home, the retailer or manufacturer must provide a copy

of the approved installation instructions… to each individual who performs set up or

installation work on the home.”

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§3286.105 Requirement for Installer Licensing

HUD Administered Manufactured Housing

State Installation Program

“(a) Installer Licensing. The installer that installs a

manufactured home in a state that does not have a

qualifying installation program must be certified or

licensed in accordance with the requirements.”

(b) Use of licensed installer. When the retailer or

manufacturer agrees to provide any set up in connection

with the sale or lease of the home, the retailer or

manufacturer must ensure that the installer is licensed in

accordance with these regulations.”

When a retailer agrees to provide any set up of a manufactured home, they must make sure to

use a HUD licensed installer.

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§3286.109 Inspection Requirements

HUD Administered Manufactured Housing

State Installation Program

Retailers may be responsible for

arranging for inspections of

manufactured homes.

“The installer or the retailer must arrange for the

inspection of the installation work on any

manufactured home that is sited in a state without

a qualifying installation program. Before the

home can be occupied, the installer must certify,

and the inspector must verify, the home as having

been installed in conformance with the

requirements of §3286.107(a).”

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§3286.111 Installer Certification of Installation

HUD Administered Manufactured Housing

State Installation Program

Upon completion of the installation, a HUD licensed installer must certify that

the work was completed per regulation requirements for installation and

inspection. The retailer must receive a signed copy of the installer certification.

“(b) Recipients of certification. The installer must provide a signed copy of its certification to

the retailer that contracted with the purchaser or lessee for the sale or lease of the home, and to

the purchaser or other person with whom the installer contracted for the installation work.”

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HUD Administered Manufactured Housing

State Installation Program

3286 Subpart G—Retailer Responsibilities

3286 Subpart G outlines sale and record keeping requirements for a

manufactured home retailer that sells a new manufactured home that will be

installed in any of the HUD-Administered states or territories.

• §3286.601 Purpose

• §3286.603 At or before sale

• §3286.605 After sale

• §3286.607 Recordkeeping

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HUD Administered Manufactured Housing

State Installation Program

§3286.603 At or Before Sale

“(a) Before contract. (1) The retailer is required to support each transportable section of a manufactured

home that is temporarily or permanently located on a site used by a retailer in accordance with the

manufacturer's instructions.”

(b) Occupancy site not known…”

(c) Verification of installer license…”

Before selling a manufactured home, the retailer is required to provide certain

information to the purchaser or lessee. This includes, but is not limited to

providing a copy of the consumer disclosure statement required in §3286.7(b)

and advising of specific wind, thermal and roof load zone loads.

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HUD Administered Manufactured Housing

State Installation Program

§3286.605 After Sale

“(a) Tracking installation information. The retailer is responsible for providing to HUD the information

required pursuant to §3286.113.”

“(b) Other tracking and compliance requirements. The retailer continues to be responsible for compliance

with the tracking and compliance requirements set out in subpart F of part 3282 of this chapter, which are

related to HUD construction and safety standards.”

After the sale of a manufactured home the retailer is required to provide

information to the Department. This includes unit tracking and installation

information outlined in §3286.113, and requirements set forth in 3282 Subpart

F related to HUD Construction and Safety Standards

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HUD Administered Manufactured Housing

State Installation Program

Per 3286.7 (b), prior to the execution of the sales contract to purchase or

agreement to lease a manufactured home, the retailer must provide the

purchaser or lessee with a consumer disclosure.

This disclosure will be created by the retailer and must be in a document

separate from the sales or lease agreement.

A sample of the consumer disclosure is available.

§3286.7(b) Retailer Disclosures Before Sale or Lease

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HUD Administered Manufactured Housing

State Installation Program

As applicable, the disclosure includes, but is not limited to, the following

information:

• That the home will be required to comply with federal requirements.

• The home may be required to comply with additional state and local requirements

for its installation.

• Additional information about the requirements are available from the retailer and is

available in part 24 CFR 3286 and from HUD.

• Compliance with any additional federal, state, and local requirements may involve

additional costs to the purchaser or lessee.

Consumer Disclosure Statement

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HUD Administered Manufactured Housing

State Installation Program

Retailers of manufactured homes must provide tracking information on all homes for installation in HUD-Administered states. This information is to be provided using the HUD 305 form and must be submitted within 30 days from the time a purchaser or lessee enters into a contract.

The HUD 305 collects the following information; consistent with 3286.113:

• The home's serial number and manufacturer's certification label number.

• The name and address of the retailer or distributor that is selling or leasing the home.

• The state and address where the home is to be sited, and, if known, the name of the local jurisdiction.

• The name of the purchaser or lessee.

§3286.113(a) Information Provided by Retailer

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This is what the HUD 305 looks like when submitting in paper formhttp://www.manufacturedhousinginstallation.com/retailers

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HUD Administered Manufactured Housing

State Installation Program

Retailers must also submit installation information. This is to be provided using the HUD 306 form and must be submitted within 30 days of the date of installation.

The HUD 306 collects the following information; consistent with 3286.113:• The name, address, telephone number, and license number of the licensed installer

• The date of installer certification of completion of the installation

• The date a qualified inspector verified the installation as being in compliance with the requirements.

• The name, address, and telephone number of the qualified inspector who performed the inspection of the installation as required by §3286.109.

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§3286.113(b) Information Provided by Retailer

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21This is what the HUD 306 looks like when submitting in paper formhttp://www.manufacturedhousinginstallation.com/retailers

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HUD Administered Manufactured Housing

State Installation Program

• 3286.113(d) Correcting information: If the

information provided by the retailer on either

HUD 305 or HUD 306 changes after it has

initially been provided to HUD, the retailer

must correct and submit the corrected

information within 10 business days after the

retailer learns of the change.

• 3286.113(e) Record retention: The retailer

must maintain a copy of the records required

for 3 years from the date of installation.

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§3286.113 Information Provided by Retailer

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The date the installer has certified that

all required inspections have been

completed, all utilities are connected,

and the manufactured home is ready

for occupancy as established, if

applicable, by a certificate of

occupancy.

• The sale of a manufactured home will not

be considered complete until all services

are complete that were agreed upon at the

time the contract was entered into.

• When a retailer is providing the

installation and the installation causes

safety hazards or takes the home out of

compliance, and those issues are

discovered during the installation of the

home, the sale or lease of the home is not

complete until the home is corrected. 23

§3286.115 and §3286.117

§3286.115 Date of Installation §3286.117 Completion of Sale Date

HUD Administered Manufactured Housing

State Installation Program

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HUD Administered Manufactured Housing

State Installation Program

Retailers can submit the HUD 305 and 306 online through the SEBA

Installation Website.

First, visit www.manufacturedhousinginstallation.com

Submitting Forms Online

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You can find the

link to submit the

HUD 305 and 306

on the retailer

page.

Scroll to the

bottom and select

the appropriate

link for the form

you would like to

fill out.

Submitting Forms Online

Partial screen shot, subject to updates

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This is part of what you will see

when submitting the HUD 305

electronically

Partial screen shot, subject to

updates

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This is part of what you will see

when submitting the HUD 306

electronically

Partial screen shot, subject to

updates

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Working Together

Retailers of manufactured homes are a key element to the success of this

installation program. HUD and SEBA hope to work closely with you in the

future to improve the manufactured housing industry. To facilitate this, we ask

that you:

• Provide timely documentation of all new homes being installed in HUD-

Administered states.

• Alert HUD via SEBA of new sales and upcoming inspections.

• Help spread the word about the installation program.

• Contact us anytime with questions, comments or concerns.

HUD Administered Manufactured Housing

State Installation Program

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Contact Information

All retailers can submit questions or information to the Department via

SEBA through any of the following channels:• Email: [email protected]

• Website: www.manufacturedhousinginstallation.com

• Phone: 202-552-7356

• Fax: 202-379-3340

• Address:Office of Manufactured Housing Installation Programs

C/O SEBA Professional Services, LLC

1325 G Street, NW Suite 500

Washington, DC 20005

HUD Administered Manufactured Housing

State Installation Program