Title 19 Part 1210

A person or business entity applying for certification as a manufacturer must be approved by the United States Department of Housing and Urban Development to construct manufactured homes. A person or business entity certified by the Department of State as a manufacturer must continue to be so approved by the United States Department of Housing and Urban Development at all times such certification is in effect.

A person or business entity applying for certification as a manufacturer must submit to the Department of State an acceptable deposit account control agreement evidencing a deposit account having a balance of not less than $50,000, an acceptable letter of credit in the sum of $50,000, or an acceptable surety bond in the principal amount of $50,000. Such acceptable deposit account control agreement, acceptable letter of credit, or acceptable surety bond may be submitted with the application for certification, or within a reasonable time after the applicant receives notification that the application has been approved; provided, however, that the certification shall not be issued until such acceptable deposit account control agreement, acceptable letter of credit, or acceptable surety bond shall have been received by the Department of State. A person or business entity certified by the Department of State as a manufacturer must maintain an acceptable deposit account control agreement (and the deposit account evidenced thereby), an acceptable letter of credit, or an acceptable surety bond in full force and effect:

A person may apply for certification as a manufacturer without submitting the acceptable deposit account control agreement, acceptable letter of credit, or acceptable surety bond required under subdivision (b) of this section if such person is employed by a person who or a business entity which is certified as a manufacturer and such employer has provided an acceptable deposit account control agreement, acceptable letter of credit, or acceptable surety bond in connection with such employer's certification as a manufacturer; provided, however, that no certification shall be issued to any person pursuant to this subdivision unless such person satisfies all other standards for certification as a manufacturer.

An application filed pursuant to this subdivision shall satisfy the requirements set forth in section 1210.3(e) (Certification) of this Part and, in addition, shall indicate that applicant is applying for a limited certificate pursuant to this subdivision, shall identify the applicant's employer, and shall state that applicant's employer is certified as a manufacturer. Any certification issued to a person pursuant to this subdivision shall identify such person's employer, shall authorize such person to act as a manufacturer only within the scope of his or her employment by such employer, and shall cease to be valid if such employer ceases to be certified as a manufacturer, or if such person ceases to be employed by such employer.

A person certified or licensed as an installer by another state within the United States will not be required to pass the examination referred to in section 1210.6(e)(1) (Standards for certification as an installer) of this Part, provided that:

A person certified or licensed as a mechanic by another state within the United States will not be required to pass the examination referred to in section 1210.7(e)(1) (Standards for certification as a mechanic) of this Part, provided that:

Any person or business entity owning or operating more than one manufacturing plant that manufactures, delivers, or sells manufactured homes in the State of New York shall be required to obtain a separate certification as a manufacturer for each such manufacturing plant. Such person or business entity will be required to satisfy all standards for certification as a manufacturer for each such certification; provided, however, that such person or business entity shall not be required to file a separate acceptable deposit account control agreement, acceptable letter of credit, or acceptable surety bond for each such certification, and the filing of one acceptable deposit account control agreement evidencing a deposit account having a balance of not less than $50,000, one acceptable letter of credit in the sum of $50,000, or one acceptable surety bond in the principal amount of $50,000 shall be deemed to satisfy the financial responsibility requirements for all manufacturer certifications issued to such person or business entity.

Any person or business entity owning or operating more than one retail sales location in the State of New York shall be required to obtain a separate certification as a retailer for each such retail sales location. Such person or business entity will be required to satisfy all standards for certification as a retailer for each such certification; provided, however, that such person or business entity shall not be required to file a separate acceptable deposit account control agreement, acceptable letter of credit, or acceptable surety bond for each such certification, and the filing of one acceptable deposit account control agreement evidencing a deposit account having a balance of not less than $25,000, one acceptable letter of credit in the sum of $25,000, or one acceptable surety bond in the principal amount of $25,000 shall be deemed to satisfy the financial responsibility requirements for all retailer certifications issued to such person or business entity.

No certified retailer shall service a manufactured home unless such certified retailer is also certified as a mechanic.

Except as otherwise provided in section 1210.5(d) (Standards for certification as a retailer), 1210.6(f) (Standards for certification as an installer), 1210.6(h), 1210.7(f) (Standards for certification as a mechanic), or 1210.20 (Suspension and revocation of certifications), a certification issued by the Department of State shall be valid for a term of two years, and a certification renewed pursuant to section 1210.12 (Renewal of certifications) of this Part shall be valid for a term of two years.

The requirements set forth in this subdivision are in addition to, and not in limitation of, the requirements set forth in subdivisions (a), (b), (c) and (d) of this section.

i.e.

, the street address, specified in a manner that complies with the applicable 911 numbering system requirements) where such manufactured home was installed;

license shall be deemed to include a certification.

et seq.

) within the State of New York. The Secretary of State may from time to time designate one or more offices within the Department of State to carry out specified responsibilities and obligations under the National Manufactured Housing Construction and Safety Standards Act.

Meetings of the advisory council may be called by the Secretary of State, as chairperson, upon his or her initiative. Meetings of the advisory council shall be called by the Secretary of State upon receipt of a written request therefor signed by not less than three other members of the advisory council. Written notice of the time and place of any such meeting shall be given to each member of the advisory council.