PART 3286—MANUFACTURED HOME INSTALLATION PROGRAM Authority: 42 U.S.C. 3535(d), 5404, and 5424. Source: 73 FR 35292, June 20, 2008, unless otherwise noted. Subpart A—Generally Applicable Provisions and Requirements § 3286.1 Purpose. (a) Purpose. (b) Implementation. Federal Register. § 3286.2 Applicability. (a) All states. (b) States without installation programs. (c) States with installation programs. (d) Exclusion. (1) Any structure that a manufacturer certifies as being excluded from the coverage of the Act in accordance with § 3282.12 of this chapter; or (2) Temporary housing units provided under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq. (3) Any manufactured home after the initial installation of the home following the first purchase of the home in good faith for purposes other than resale. State installation programs may regulate subsequent installations of manufactured homes. (4) Any manufactured home installed on Indian reservations. § 3286.3 Definitions. The following definitions apply in this part, except as otherwise noted in the regulations in this part: Act Certification of installation Defect Design Approval Primary Inspection Agency (DAPIA) Distributor HUD HUD-administered installation program Installation Installation defect Installation design Installation instructions Installation standards Installer Installer's license installation license Lessee Manufactured home Manufactured Housing Consensus Committee MHCC Manufacturer Manufacturer's certification label Person Professional engineer or registered architect Purchaser Qualified trainer Qualifying installation program Resident Retailer Secretary Set up State § 3286.5 Overview of installation program. (a) HUD-administered installation program. http://www.hud.gov/offices/hsg/sfh/mhs/mhshome.cfm (b) State-administered installation programs. (c) Manufacturer and retailer requirements. (2) In the installation instructions required pursuant to part 3285 of this chapter, the manufacturer must include instructions for supporting the manufactured home or sections of homes temporarily and protecting the interior of the manufactured home or sections of homes from damage, pending the first siting of the home for occupancy. The instructions must be adequate to assure that the temporary supports and weatherization used will be sufficient to prevent the home and its transportable sections from being brought out of conformance with the construction and safety standards in part 3280 of this chapter if the home or its sections is either: (i) Stored at any location for more than 30 days; or (ii) In the possession of any entity for more than 30 days. (d) HUD oversight. § 3286.7 Consumer information. (a) Manufacturer's consumer manual. (b) Retailer disclosures before sale or lease. (1) When the installation of the home is in a state that administers its own qualifying installation program, the consumer disclosure must clearly state that the home will be required to comply with all state requirements for the installation of the home; (2) When the installation of the home is in a state that does not administer its own qualifying installation program, the consumer disclosure must clearly state that the home will be required to comply with federal requirements, including installation in accordance with federal installation standards set forth in 24 CFR part 3285 and certification by a licensed installer of installation work, regardless of whether the work is performed by the homeowner or anyone else, and when certification includes inspection by an appropriate person; (3) For all homes, the home may also be required to comply with additional state and local requirements for its installation; (4) For all homes, additional information about the requirements disclosed under paragraphs (b)(1) through (b)(4) of this section is available from the retailer and, in the case of the federal requirements, is available in part 3286 of Title 24 of the Code of Federal Regulations and from the U.S. Department of Housing and Urban Development; (5) For all homes, compliance with any additional federal, state, and local requirements, including a requirement for inspection of the installation of the home, may involve additional costs to the purchaser or lessee; and (6) For all homes, a recommendation that any home that has been reinstalled after its original installation should be professionally inspected after it is set up, in order to assure that it has not been damaged in transit and is properly installed. § 3286.9 Manufacturer shipment responsibilities. (a) Providing information to HUD. (1) The serial number and manufacturer's certification label number of the home; (2) The manufacturer of the home; and (3) The name and address of the retailer or distributor that has arranged for the home to be shipped. (b) Manufacturer's installation instructions. § 3286.11 Temporary storage of units. Pursuant to § 3286.5(c), the manufacturer is required to provide instructions for the temporary support and protection of the interior from damage of its manufactured homes or sections of homes. Every manufacturer, distributor, retailer, or installer that has possession of a home is required to support each transportable section of a manufactured home that is temporarily located on a site used by that manufacturer, distributor, retailer, or installer in accordance with the manufacturer's instructions. § 3286.13 Waiver of rights invalid. Any provision of a contract or agreement entered into by a manufactured home purchaser that seeks to waive any recourse to either the HUD installation program or a state-qualifying installation program is void. § 3286.15 Consultation with the Manufactured Housing Consensus Committee (MHCC). The Secretary will seek input from the MHCC when revising the installation program regulations in this part 3286. Before publication of a proposed rule to revise these regulations, the Secretary will provide the MHCC with a 120-day opportunity to comment on such revision. The MHCC may send to the Secretary any of the MHCC's own recommendations to adopt new installation program regulations or to modify or repeal any of the regulations in this part. Along with each recommendation, the MHCC must set forth pertinent data and arguments in support of the action sought. The Secretary will either: Accept or modify the recommendation and publish it for public comment in accordance with section 553 of the Administrative Procedure Act (5 U.S.C. 553), along with an explanation of the reasons for any such modification; or reject the recommendation entirely, and provide to the MHCC a written explanation of the reasons for the rejection. This section does not supersede section 605 of the National Manufactured Housing Construction and Safety Standards Act. Subpart B—Certification of Installation in HUD-Administered States § 3286.101 Purpose. The purpose of this subpart B is to establish the systems for tracking and certifying a manufactured home installation that is to be completed in accordance with the HUD-administered installation program. § 3286.102 Information provided by manufacturer. (a) Shipment of home to retailer or distributor. (b) Manufacturer's installation instructions. (1) An installation design and instructions that have been provided by the manufacturer and approved by the Secretary directly or through review by the DAPIA; or (2) An installation design and instructions that have been prepared and certified by a professional engineer or registered architect, that have been approved by the manufacturer and the DAPIA as providing a level of protection for residents of the home that equals or exceeds the protection provided by the federal installation standards in part 3285 of this chapter. § 3286.103 DAPIA-approved installation instructions. (a) Providing instructions to purchaser or lessee. (2) If the installation requires a design that is different from that provided by the manufacturer in paragraph (a)(1) of this section, the installation design and instructions must be prepared and certified by a professional engineer or registered architect, that have been approved by the manufacturer and the DAPIA as providing a level of protection for residents of the home that equals or exceeds the protection provided by the Federal installation standards in part 3285 of this chapter. The retailer or manufacturer must provide the installation design and instructions to the purchaser or lessee. (b) Providing instructions to installer. [89 FR 75758, Sept. 16, 2024] § 3286.105 Requirement for installer licensing. (a) Installer Licensing. (b) Use of licensed installer. § 3286.107 Installation in accordance with standards. (a) Compliance with installation requirements. (i) An installation design and instructions that have been provided by the manufacturer and approved by the Secretary directly or through review by the DAPIA; or (ii) An installation design and instructions that have been prepared and certified by a professional engineer or registered architect, that have been approved by the manufacturer and the DAPIA as providing a level of protection for residents of the home that equals or exceeds the protection provided by the federal installation standards in part 3285 of this chapter. (2) If the installation instructions do not comply with the installation standards, the manufacturer is responsible for any aspect of installation that is completed in accordance with the installation instructions and that does not comply with the installation standards. (3) All installation work must be in conformance with accepted practices to ensure durable, livable, and safe housing, and must demonstrate acceptable workmanship reflecting, at a minimum, journeyman quality of work of the various trades. (4) Except as set out in paragraph (a)(2) of this section, all installation defects due to the work of the installer are the responsibility of the installer or retailer or manufacturer that retained the installer and must be corrected. (5) If the manufacturer or retailer retains the installer, they are jointly and severally responsible with the installer for correcting installation defects. (6) Installation defects must be corrected within 60 days after the date of discovery of the installation defect. (b) Secretarial approval of manufacturer's designs. (c) Compliance with construction and safety standards. (d) Homeowner installations. (e) Compliance with construction and safety standards. § 3286.109 Inspection requirements—generally. 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). The requirements for installer certification are set out in subpart E of this part. § 3286.111 Installer certification of installation. (a) Certification required. (1) The manufactured home has been installed in accordance with: (i) An installation design and instructions that have been provided by the manufacturer and approved by the Secretary directly or through review by the DAPIA; or (ii) An installation design and instructions that have been prepared and certified by a professional engineer or registered architect, that have been approved by the manufacturer and the DAPIA as providing a level of protection for residents of the home that equals or exceeds the protection provided by the federal installation standards in part 3285 of this chapter. (2) The installation of the home has been inspected as required by § 3286.503 and an inspector has verified the installation as meeting the requirements of this part. (3) All installation defects brought to the installer's attention have been corrected. (b) Recipients of certification. § 3286.113 Information provided by retailer. (a) Tracking information. (1) The home's serial number and manufacturer's certification label number; (2) The name and address of the retailer or distributor that is selling or leasing the home; (3) The state and address where the home is to be sited, and, if known, the name of the local jurisdiction; and (4) The name of the purchaser or lessee. (b) Installation information. (1) The name, address, telephone number, and license number of the licensed installer; (2) The date of installer certification of completion of the installation; (3) The date a qualified inspector verified the installation as being in compliance with the requirements of this part; and (4) The name, address, and telephone number of the qualified inspector who performed the inspection of the installation as required by § 3286.109. (c) Method of providing information. (2) The information must be sent to: Administrator, Office of Manufactured Housing Programs, HUD, 451 Seventh Street, SW., Room 9164, Washington, DC 20410-8000, or to a fax number or e-mail address obtained by calling the Office of Manufactured Housing Programs. For convenience only, the URL of the Web site is http://www.hud.gov/offices/hsg/sfh/mhs/mhshome.cfm (d) Correcting information. (e) Record retention requirements. § 3286.115 Date of installation. The date of installation will be 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, except as follows: If the manufactured home has not been sold to the first person purchasing the home in good faith for purposes other than resale by the date the home is ready for occupancy, the date of installation is the date of the purchase agreement or sales contract for the manufactured home. § 3286.117 Completion of sale date. (a) Date of sale defined. (b) Compliance with construction and safety standards. Subpart C—Installer Licensing in HUD-Administered States § 3286.201 Purpose. The purpose of this subpart C is to establish the requirements for a person to qualify to install a manufactured home in accordance with the HUD-administered installation program. Installers will be required to meet licensing, training, and insurance requirements established in this part. Licensed installers will self-certify their installations of manufactured homes to be in compliance with the Model Manufactured Home Installation Standards in part 3285 of this chapter. In order for such an installer to self-certify compliance with the installation standards, the installer will have to assure that acceptable inspections, as required in subpart F of this part, are performed. § 3286.203 Installation license required. (a) Installation license required. (2) A business that employs a licensed installer to represent the business and hold the installer's license retains primary responsibility for performance of the installation work in compliance with the requirements of this part. (3) A license is not required for individuals working as direct employees of a licensed installer or for the company that employs a licensed installer, provided that those individuals are supervised by a licensed installer. (4) The installer must display an original or a copy of a valid installation license at the site of the installation while performing work related to the installation of the home. (5) The installer is responsible for understanding and following, as applicable, the approved manufacturer installation instructions and any alternative installation design and instructions that have been certified by a professional engineer or registered architect, that have been approved by the manufacturer and DAPIA as providing a level of protection for residents of the home that equals or exceeds the protection provided by the federal installation standards in part 3285 of this chapter. (b) Installation license not required. (1) Site preparation that is not subject to the requirements of part 3285 of this chapter; (2) Connection of utilities to the manufactured home; (3) Add-ons subject to the requirements of § 3282.8(j) of this chapter; (4) Temporary installations on dealer, distributor, manufacturer, or other sales or storage lots, when the manufactured home is not serving as an occupied residence; (5) Home maintenance, repairs, or corrections, or other noninstallation-related work performed by the home manufacturer under warranty or other obligations or service agreements; (6) Installations performed by authorized representatives of the Federal Emergency Management Agency in order to provide emergency housing after a natural disaster; or (7) Work performed at the home site that is not covered by the federal installation standards in part 3285 of this chapter or the requirements of this part. § 3286.205 Prerequisites for installation license. (a) Required experience. (i) 1,800 hours of experience installing manufactured homes; (ii) 3,600 hours of experience in the construction of manufactured homes; (iii) 3,600 hours of experience as a building construction supervisor; (iv) 1,800 hours as an active manufactured home installation inspector; (v) Completion of one year of a college program in a construction-related field; or (vi) Any combination of experience or education from paragraphs (a)(1)(i) through (a)(1)(v) of this section that totals 3,600 hours. (2) An installer who is certified or licensed to perform manufactured home installations in a state with a qualifying installation program may be exempted by the Secretary from complying with these experience requirements, if the Secretary determines that the state requirements are substantially equal to the HUD experience requirements. (b) Required training Initial applicant. (2) Renewal applicant. (3) The training required under this paragraph (b) must be conducted by trainers who meet the requirements of subpart D of this part and must meet the curriculum requirements established in § 3286.308 or § 3286.309, as applicable. (c) Testing. (d) Insurance and either a surety bond or irrevocable letter of credit. [73 FR 35292, June 20, 2008, as amended at 89 FR 75759, Sept. 16, 2024] § 3286.207 Process for obtaining installation license. (a) Where to apply. http://www.hud.gov/offices/hsg/sfh/mhs/mhshome.cfm, (b) Proof of experience. (c) Proof of training. (d) Proof of insurance and either a surety bond or irrevocable letter of credit. (e) Other application submissions. (2) When the examination is not administered by HUD, every applicant for an initial installation license must submit certification of a passing grade on the examination required by § 3286.205(c). (f) Issuance or denial of an installation license. (i) Provide an installation license to the applicant that, as long as the installation license remains in effect, establishes the applicant's qualification to install manufactured homes in a state subject to the HUD-administered installation program; or (ii) Provide a written explanation of why HUD deems the applicant to not qualify for an installation license, including on grounds applicable under § 3286.209 for suspension or revocation of an installation license and any other specified evidence of inability to adequately meet the requirements of this part. (2) An applicant who is denied an installation license under this subpart C, other than for failure to pass the installation license test, may request from HUD an opportunity for a presentation of views, in accordance with subpart D of part 3282 of this chapter, for the purpose of establishing the applicant's qualifications to obtain an installation license. (g) Assignment of license prohibited. [73 FR 35292, June 20, 2008, as amended at 89 FR 75759, Sept. 16, 2024] § 3286.209 Denial, suspension, or revocation of installation license. (a) Oversight. (b) Denial, suspension, or revocation. (1) Providing false records or information to any party; (2) Refusing to submit information that the Secretary requires to be submitted; (3) Failure to comply with applicable requirements of parts 3285, 3286, or 3288 of this chapter; (4) Failure to take appropriate actions upon a failed inspection, as provided in § 3286.509; (5) Fraudulently obtaining or attempting to obtain an installation license, or fraudulently or deceptively using an installation license; (6) Using or attempting to use an expired, suspended, or revoked installation license; (7) Violating state or federal laws that relate to the fitness and qualification or ability of the applicant to install homes; or (8) Engaging in poor conduct or workmanship as evidenced by one or more of the following: (i) Installing one or more homes that fail to meet the requirements of § 3286.107; (ii) An unsatisfied judgment in favor of a consumer; (iii) Repeatedly engaging in fraud, deception, misrepresentation, or knowing omissions of material facts relating to installation contracts; (iv) Having a similar state installation license or certification denied, suspended, or revoked; (v) Having the renewal of a similar state installation license or certification denied for any cause other than failure to pay a renewal fee; or (vi) Failure to maintain the insurance and either a surety bond or irrevocable letter of credit, required by § 3286.205(d). (c) Other criteria. (d) Reinstating an installation license. [73 FR 35292, June 20, 2008, as amended at 89 FR 75759, Sept. 16, 2024] § 3286.211 Expiration and renewal of installation licenses. (a) Expiration. (b) Renewal. Subpart D—Training of Installers in HUD-Administered States § 3286.301 Purpose. The purpose of this subpart D is to establish the requirements for a person to qualify to provide the training required under subpart C of this part. This training is required for manufactured home installers who want to be licensed in accordance with the HUD-administered installation program. § 3286.303 Responsibilities of qualified trainers. (a) Curriculum and hours. (b) Attendance records. (c) Certificates of completion of training. (d) Record retention. (e) Testing of installers. § 3286.305 Installation trainer criteria. (a) Trainer qualification required. (2) Any entity other than a natural person may also provide initial training and continuing education, as long as such entity establishes its qualification as a trainer by providing evidence and assurance that the entity's individual trainers meet the requirements of this section. (b) Experience prerequisites. (1) Has a minimum of 3,600 hours of experience in one or more of the following: (i) As a supervisor of manufactured home installations; (ii) As a supervisor in the building construction industry; (iii) In design work related to the building construction industry; or (2) Has completed a 2-year educational program in a construction-related field. (c) Certification of curriculum. § 3286.307 Process for obtaining trainer's qualification. (a) Where to apply. http://www.hud.gov/offices/hsg/sfh/mhs/mhshome.cfm, (b) Proof of experience. (2) An entity that seeks to be designated as a qualified trainer must provide evidence and assurance that the entity's individual trainers meet the experience requirements in § 3286.305. (c) Other qualification information. (2) An applicant also must submit to HUD a certification that training provided in accordance with this subpart D will meet the curriculum requirements established in § 3286.308 or § 3286.309, as applicable. (d) Confirmation or denial of qualification. (i) Provide to the applicant a written confirmation that the applicant is a qualified trainer under this part, and will add the applicant's name to a list maintained by HUD of qualified trainers; or (ii) Provide a written explanation of why HUD deems the applicant to not qualify as a trainer, including on grounds applicable under § 3286.311 for suspension or revocation of a qualification and any other specified evidence of inability to meet the requirements of this part. (2) An applicant whose qualification is denied by HUD may request an opportunity for a presentation of views, in accordance with subpart D of part 3282 of this chapter, for the purpose of establishing the applicant's qualifications to be a qualified trainer or the adequacy of any training curriculum that is challenged by HUD. (e) Assignment of qualification prohibited. § 3286.308 Training curriculum. (a) Curriculum for initial installer licensing. (1) An overview of the Act and the general regulatory structure of the HUD manufactured housing program; (2) An overview of the manufactured home installation standards and regulations established in parts 3285 and 3286 of this chapter, and specific instruction including: (i) Preinstallation considerations; (ii) Site preparation; (iii) Foundations; (iv) Anchorage against wind; (v) Optional features, including comfort cooling systems; (vi) Ductwork and plumbing and fuel supply systems; (vii) Electrical systems; and (viii) Exterior and interior close-up work; (3) An overview of the construction and safety standards and regulations found in parts 3280 and 3282 of this chapter; (4) Licensing requirements applicable to installers; (5) Installer responsibilities for correction of improper installation, including installer obligations under applicable state and HUD manufactured housing dispute resolution programs; (6) Inspection requirements and procedures; (7) Problem-reporting mechanisms; (8) Operational checks and adjustments; and (9) Penalties for any person's failure to comply with the requirements of this part 3286 and parts 3285 and 3288 of this chapter. (b) Updating curriculum. § 3286.309 Continuing education-trainers and curriculum. (a) HUD-mandated elements. (1) Establish the minimum number of hours and the required curriculum for such subject areas, according to experience with the program and changes in program requirements; and (2) Provide information about the hours and curriculum directly to qualified trainers and licensed installers, or through general publication of the information. (b) Other training. (i) Accredited educational institutions, including community colleges and universities; (ii) A provider of continuing education units who is certified by the International Association for Continuing Education and Training; (iii) Agencies at any level of government; and (iv) State or national professional associations. (2) The curriculum for the remainder of the 8 hours of continuing education training must relate to any aspect of manufactured home installation or construction, or to the general fields of building construction or contracting. § 3286.311 Suspension or revocation of trainer's qualification. (a) Oversight. (b) Suspension or revocation of qualification. (1) Providing false records or information to HUD; (2) Refusing to submit information required to be submitted by the Secretary in accordance with the Act; (3) Certifying, or improperly assisting certification of, a person as having met the training requirements established in this part when that person has not completed the required training; (4) Failing to appropriately supervise installation training that is used to meet the requirements of this part and that is provided by other persons; and (5) Any other failures to comply with the requirements of this part. (c) Other criteria. (d) Reinstating qualification. § 3286.313 Expiration and renewal of trainer qualification. (a) Expiration. (b) Renewal. Subpart E—Installer Responsibilities of Installation in HUD-Administered States § 3286.401 Purpose. The purpose of this subpart E is to set out the responsibilities of the installer who is accountable for the installation of a manufactured home in compliance with the requirements of the HUD-administered installation program. § 3286.403 Licensing requirements. An installer of manufactured homes must comply with the licensing requirements set forth in subpart C of this part. § 3286.405 Installation suitability. (a) Site appropriateness. (1) The site is accessible; (2) The site is appropriate for the foundation or support and stabilization system that is to be used to install the home in accordance with the federal installation standards or alternative requirements in part 3285 of this chapter; (3) The data plate required by § 3280.5 of this chapter is affixed to the home, that the home is designed for the roof load, wind load, and thermal zones that are applicable to the intended site; and (4) The installation site is protected from surface run-off and can be graded in accordance with part 3285. (b) Installer notification of unsuitable site. (1) Notify the purchaser or other person with whom the installer contracted for the installation work, identifying the reasons why the site is unsuitable; (2) Notify the retailer that contracted with the purchaser for the sale of the home, identifying the reasons why the site is unsuitable; (3) Notify HUD, identifying the reasons why the site is unsuitable; (4) Decline to install the home until the site and the home are both verified by the installer as suitable for the site under this section; and (5) Ensure that all unique characteristics of the site have been fully addressed. (c) Installer notification of failures to comply with the construction and safety standards. (d) Retailer notification. § 3286.407 Supervising work of crew. The installer will be responsible for the work performed by each person engaged to perform installation tasks on a manufactured home, in accordance with the HUD-administered installation program. § 3286.409 Obtaining inspection. (a) Inspection obligations. (b) Contract rights not affected. (c) State or local permits. [73 FR 35292, June 20, 2008, as amended at 89 FR 75759, Sept. 16, 2024] § 3286.411 Certifying installation. (a) Certification required. (1) The manufactured home has been installed in accordance with: (i) An installation design and instructions that have been provided by the manufacturer and approved by the Secretary directly or through review by the DAPIA; or (ii) An installation design and instructions that have been prepared and certified by a professional engineer or registered architect, that have been approved by the manufacturer and the DAPIA as providing a level of protection for residents of the home that equals or exceeds the protection provided by the federal installation standards in part 3285 of this chapter. (2) The installation of the home has been inspected as required by § 3286.503, and an inspector has verified the installation as meeting the requirements of this part. (3) All installation defects brought to the installer's attention have been corrected. (b) Recipients of certification. § 3286.413 Recordkeeping. (a) Records to be retained. (1) A record of the name and address of the purchaser or other person with whom the installer contracted for the installation work and the address of the home installed; (2) A copy of the contract pursuant to which the installer performed the installation work; (3) A copy of any notice from an inspector disapproving the installation work; (4) A copy of the qualified inspector's verification of the installation work; (5) A copy of the installer's certification of completion of installation in accordance with the requirements of this part; and (6) A copy of foundation designs used to install the home, if different from the designs provided by the manufacturer, including evidence that the foundation designs and instructions were certified by a professional engineer or registered architect, including the name, address, and telephone number of the professional engineer or architect certifying the designs. (b) Retention requirement. The records listed in paragraph (a) of this section must be maintained for a period of 3 years after the installer certifies completion of installation. Subpart F—Inspection of Installations in HUD-Administered States § 3286.501 Purpose. The purpose of this subpart F is to provide additional detail about the inspection that must be performed by a qualified third-party inspector before the installation of a manufactured home may be verified by the inspector and certified by the installer under the HUD-administered installation program. § 3286.503 Inspection required. (a) Timing of requirements. (b) Disclosure of requirement. (c) Providing instructions to inspectors. § 3286.505 Minimum elements to be inspected. The installation of every manufactured home that is subject to the HUD-administered installation program is required to be inspected for each of the installation elements included in a checklist. The checklist must include assurance that each of the following elements complies with the requirements of part 3285 of this chapter: (a) Site location with respect to home design and construction; (b) Consideration of site-specific conditions; (c) Site preparation and grading for drainage; (d) Foundation construction; (e) Anchorage including verification that the ground anchors have been installed in accordance with the manufacturer's instructions, in a soil classification permitted by the anchor listing or certification, with the required size and type of stabilizer plate, if required by the listing or certification, and at an orientation and angle of pull permitted by its listing or certification. (f) Installation of optional features; (g) Completion of ductwork, plumbing, and fuel supply systems; (h) Electrical systems; (i) Exterior and interior close-up; (j) Skirting, if installed; and (k) Completion of operational checks and adjustments. [73 FR 35292, June 20, 2008, as amended at 79 FR 53618, Sept. 10, 2014] § 3286.507 Verifying installation. (a) Verification by inspector. (b) Certification by installer. (i) The retailer that contracted with the purchaser for the sale of the home; (ii) The purchaser; and (iii) Any other person that contracted to obtain the services of the installer for the installation work on the home. (2) The installer must retain records in accordance with § 3286.413. § 3286.509 Reinspection upon failure to pass. (a) Procedures for failed inspection. (b) Cost of reinspection. § 3286.511 Inspector qualifications. (a) Qualifications. Any individual or entity who meets at least one of the following qualifications is permitted to review the work and verify the installation of a manufactured home that is subject to the requirements of the HUD-administered installation program: (1) A manufactured home or residential building inspector employed by the local authority having jurisdiction over the site of the home, provided that the jurisdiction has a residential code enforcement program; (2) A professional engineer; (3) A registered architect; (4) A HUD-accepted Production Inspection Primary Inspection Agency (IPIA) or a Design Approval Primary Inspection Agency (DAPIA); or (5) An International Code Council certified inspector. (b) Independence required. (c) Suspension or revocation of inspection authority. (d) Reinstating inspection authority. Subpart G—Retailer Responsibilities in HUD-Administered States § 3286.601 Purpose. The purpose of this subpart G is to set out the requirements that apply to a retailer with respect to the federal installation requirements applicable to new manufactured homes that the retailer sells or leases and that will be installed in states that do not have qualifying installation programs. These requirements are in addition to other requirements that apply to retailers of manufactured homes pursuant to other parts of this chapter. § 3286.603 At or before sale. (a) Before contract. (2) Before a purchaser or lessee signs a contract of sale or lease for a manufactured home, the retailer must: (i) Provide the purchaser or lessee with a copy of the consumer disclosure statement required in § 3286.7(b); and (ii) Verify that the wind, thermal, and roof load zones of the home being purchased or leased are appropriate for the site where the purchaser or lessee plans to install the home for occupancy; and (iii) If the cost of inspection of the home's installation is not included in the sales price of the home, provide the disclosure required in § 3286.7(b). (b) Occupancy site not known. (1) The home was designed and constructed for specific wind, thermal, and roof load zones; and (2) If the home is sited in a different zone, the home may not pass the required installation inspection because the home will have been installed in a manner that would take it out of compliance with the construction and safety standards in part 3280 of this chapter. (c) Verification of installer license. § 3286.605 After sale. (a) Tracking installation information. (b) Other tracking and compliance requirements. § 3286.607 Recordkeeping. The retailer is responsible for the reporting and recordkeeping requirements under § 3286.113. Subpart H—Oversight and Enforcement in HUD-Administered States § 3286.701 Purpose. The purpose of this subpart H is to set out the mechanisms by which manufacturers, retailers, distributors, installers, and installation inspectors will be held accountable for assuring the appropriate installation of manufactured homes. The requirements in subpart A of this part are applicable in all states, the requirements in subparts B through H are applicable in states where the HUD-administered installation program operates, and the requirements in subpart I are applicable in states with qualifying installation programs. It is the policy of the Secretary, regarding manufactured home installation program enforcement matters, to cooperate with state or local agencies having authority to regulate the installation of manufactured homes. In addition to actions expressly recognized under this subpart H and other provisions in this part, however, HUD may take any actions authorized by the Act in order to oversee the system established by the regulations in this part. § 3286.703 Failure to comply. (a) Penalties and injunctive relief. (b) Presentation of views. (c) Investigations. § 3286.705 Applicability of dispute resolution program. (a) Generally. (b) Waiver of rights invalid. Subpart I—State Programs § 3286.801 Purpose. The purpose of this subpart I is to establish the requirements that must be met by a state to implement and administer its own installation program, either as part of its approved state plan or under this subpart, in such a way that the state would not be covered by the HUD-administered installation program. This subpart I also establishes the procedure for determining whether a state installation program meets the requirements of the Act for a qualifying installation program that will operate in lieu of the HUD-administered installation program. § 3286.803 State qualifying installation programs. (a) Qualifying installation program supersedes. (b) Minimum elements. (1) Installation standards that meet or exceed the requirements of § 3286.107(a) and that apply to every initial installation of a new manufactured home within the state; (2) The training of manufactured home installers; (3) The licensing of, or other method of certifying or approving, manufactured home installers to perform the initial installations of new manufactured homes in the state; (4) A method for inspecting the initial installations of new manufactured homes in the state that is implemented and used to hold installers responsible for the work they perform; and (5) Provision of adequate funding and personnel to administer the state installation program. (c) Conditional acceptance. (2) A conditionally accepted state will be permitted to implement its own installation program in lieu of the HUD-administered program for a period of not more than 3 years. The Secretary may for good cause grant an extension of conditional approval upon petition by the state. (d) Limited exemptions from requirements. § 3286.805 Procedures for identification as qualified installation program. (a) Submission of certification. (2) A state must include a qualified installation program as part of any state plan application submitted for approval under § 3282.302 of this chapter, if the state does not have a fully or conditionally approved state plan in effect at the time of submission of the state plan application. In all other cases, a qualified installation program is permitted, but is not required, to be submitted as a part of a state plan approved in accordance with § 3282.305 of this chapter. (b) HUD review and action. (i) Ninety days after the Secretary receives the state's completed State Installation Program Certification form; or (ii) The date that the Secretary issues notification to the state of its full acceptance. (2) A notice of full or conditional acceptance will include the effective date of acceptance. (c) Rejection of state installation program. (2) If the Secretary decides that any revised State Installation Program Certification form is inadequate, or if the state fails to submit a revised form within the 90-day period or otherwise indicates that it does not intend to change its form, the Secretary will notify the state that its installation program is not accepted. (3) A state whose State Installation Program Certification form is rejected has a right to a presentation of views on the rejection using the procedures set forth under subpart D of part 3282 of this chapter. The state's request for a presentation of views must be submitted to the Secretary within 60 days after the Secretary has provided notification that the state's installation program has been rejected. § 3286.807 Recertification required. (a) Recertification. (1) Every 5 years after the state's most recent certification as a qualified installation program; and (2) Whenever there is a change to the state's installation program or a change in the HUD requirements applicable to qualifying installation programs such that the state's installation program no longer complies with the minimum requirements set forth in § 3286.803(b), regardless of when the state's next regular recertification of its installation program would be due. (b) Due date of recertification. (i) The 5-year anniversary of the effective date of the Secretary's acceptance of the state's most recent certification as a qualified installation program; and (ii) The effective date of the state or HUD action that makes a significant change to the state's installation program. (2) Upon petition by the state, the Secretary may for good cause grant an extension of the deadline for recertification. (c) Failure to Recertify. (2) A state whose recertification of its installation program is rejected by the Secretary has a right to a presentation of views on the rejection using the procedures set forth under subpart D of part 3282 of this chapter. The state's request for a presentation of views must be submitted to the Secretary within 60 days after the Secretary has provided notification that the state's recertification of its installation program has been rejected. § 3286.809 Withdrawal of qualifying installation program status. (a) Voluntary withdrawal. (b) Involuntary withdrawal. § 3286.811 Effect on other manufactured housing program requirements. A state with a qualifying installation program will operate in lieu of HUD with respect to only the installation program established under subparts B through H of this part. No state may permit its installation program, even if it is a qualified installation program under this part, to supersede the requirements applicable to HUD's Manufactured Housing Construction and Safety Standards and enforcement programs. Regardless of whether a state has a qualified installation program: (a) Construction and safety standards. (b) Dispute resolution. § 3286.813 Inclusion in state plan. If a state installation program is included in a state plan approved in accordance with § 3282.302 of this chapter, the state installation program is subject to all of the requirements for such a state plan, including annual review by HUD.