Delaware General Assembly

Signed 7/21/05

The General Assembly has ended, the current status is the final status.

6/22/05

Bunting

Sen. Sokola
Rep. Valihura

Sen. Connor, Copeland
Reps. Atkins, Ennis, Hocker, Hudson, Lavelle, Schwartzkopf, Stone

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO MANUFACTURED HOME INSTALLATION.

This Act establishes a new Board to license installers of manufactured housing in Delaware. The terms of this Act are intended to comply with Title VI (“Manufactured Housing Improvement”) of the American Homeownership and Economic Opportunity Act of 2000, (Public Law 106-569 – 12 U.S.C. § 1701, et. seq.). Pursuant to this Act, the Manufactured Home Installation Board is established to administer its terms. The Division of Professional Regulation is empowered to oversee the Board, provide administrative support, and set fees the Board charges to licensees and certificate holders, must as it for other licensing Boards and Commissions. The Board’s authority over its licensees and certificate holders is similar to, but more limited than, other licensing Boards and Commissioner. For instance, this Board has not authority to fine licensees, although it may direct that corrective actions be taken by a licensee in the event a manufactured home installation is not completed properly. This Act mandates that, beginning 1 year following its enactment into law, no Manufactured home installation shall be performed in Delaware except by a licensed manufactured home installer. Further, each installation must be inspected by a Board certified inspector. Pursuant to this Act, the Board may only certify employees and contractors of a State, county, or municipal administrative department or agency, or other instrumentality of the State of Delaware, that has been assigned the function of inspecting manufactured home installations to ensure compliance with this Chapter and the Board’s rules and regulations. To ensure a level of local control, this Act permits the several counties and municipalities in Delaware to enact laws whose terms are more stringent than those in this Act. In those cases, the local laws must relate to the inspection of manufactured housing in their respective jurisdictions, must be adopted within 1 year following the enactment of this Act into law, must be substantially similar to and expressly supplement the provisions of this Act, must be at least as restrictive as the terms of this Act, and must provide equal or greater protections to the public. To enable the Governor to appoint the initial members of the Board, Section 4 this Act permits the appointment of persons who are supposed to be licensed or certified under the Act, but who are not yet so licensed or certified, provided they become properly licensed or certified within 18 months following the appointment.

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Takes effect upon being signed into law

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