The Rules and Regulations for the Uniform Standards Code for Factory-Built Homes Law, Section 75-49-1 through 75-49-19, Mississippi Code, 1972, Annotated, require revision based on Senate Bill 2452.

I.    PROMULGATION AND PURPOSE

Section 100 - General

(A)    These Rules and Regulations for Factory-Built Homes are promulgated by the Commissioner of Insurance of the STate of Mississippi in accordance with the Uniform Standards Code for Factory-Built Homes Law and the Mississippi Administrative Procedures Act, Sections 25-43-1, et seq., Mississippi Code, 1972, as Amended, and shall become effective after adopted and promulgated in accordance with the provisions of the Mississippi Administrative Procedures Act as provided in Sections 25-43-1, et seq., Mississippi Code, 1972.

(B)    The purpose of these Rules and Regulations is to prevent the loss of life and property from fire and related hazards, and to restrict health hazards in Factory-Built Homes by providing standards for construction, heating systems, and by requiring compliance with such standards during construction, prior to selling, offering for sale such Factory-Built Homes in the State of Mississippi.

Section 101 - Definitions

(C)    "Manufactured home" means a structure defined by, and constructed in accordance with, the National Manufactured Housing Construction and Safety Standards Act of 1974, as Amended, (42 U.S.C. 5401, et seq.), and manufactured after June 14, 1976.

(D)    "Mobile home" means a structure manufactured before June 15, 1976, that is not constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, as Amended, (42 U.S.C.S. 5401 et seq.).  It is a structure that is transportable in one or more sections, that, in the traveling mode, is eight (8) body feet or more in width and thirty-two (32) body feet or more in length, or, when erected on site, is two hundred fifty-six (256) or more square feet, and that is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes any plumbing, heating, air conditioning and electrical systems contained therein; except that such term shall include any structure which meets all the requirements and with respect by the Commissioner and complies with the standards established under this Chapter.

(E)    "Relocatable home" means a movable or portable dwelling over thirty-two (32) feet in length and over eight (8) feet wide, designed and constructed without carriage or hitch; as stationary house construction for placement upon permanent foundations, to be connected to utilities, for year-round occupancy.  It is of closed-end or open-end construction capable of being separated from its foundation and utilities and relocated.  It can consist of one or more components that can be retracted when transported and subsequently expanded for additional capacity, or of two (2) or more units separately transportable but designed to be joined into one (1) integral unit.

(F)    "Factory-built home" means a mobile home, a manufactured home, and a relocatable home as those terms are defined herein.

(G)    "Commissioner" means the Commissioner of Insurance of the State of Mississippi.

(H)    "Chief Deputy State Fire Marshal" means the individual appointed by the Commissioner of Insurance, who, along with his employees, is designated by the Commissioner to implement and enforce this chapter and to maintain, among other duties, the Manufactured Housing Division of the Insurance Department.

(I)    "Division" means the Manufactured Housing Division of the State Fire Marshal's Office.

(J)    "Person" means any individual, firm, corporation, partnership, association or other type of business entity.

(K)    "Dealer" means any person engaged in the retail sale of new or used manufactured mobile or relocatable homes to the general public.

(L)    "Independent contractor installer or transporter" means any person who is engaged for hire in the movement or transportation, or both, or the installation, blocking, anchoring and tie-down of a factory-built home.  An "independent contractor installer or transporter" shall not include persons who do not hold themselves out for hire to the general public for the purposes described in this definition.

(M)    "Manufacturer" means any person engaged in the production (construction) of manufactured homes or relocatable movable homes.

II.    ADMINISTRATION

Section 200 - Rules and Regulations

(A)    After July 1, 1988, every manufacturer engaged in the production (construction) of manufactured homes or relocatable movable homes within the State of Mississippi shall apply for and obtain a license from the Commissioner.

(B)    After July 1, 1988, every dealer who sells, transports or installs new or used factory-built homes within the State of Mississippi shall apply for and obtain a license from the Commissioner.

(C)    After July 1, 1992, every independent contractor installer or transporter who transports or installs new or used factory-built homes within the State of Mississippi shall apply for and obtain a license from the Commissioner.

(D)    If a factory-built home is new, the applicant shall certify in the application to the Commissioner that the applicant will comply with the Construction Standards set forth under Rules and Regulations provided in Section 75-49-5 herein, and that the applicant has obtained a current and valid tax identification number.

(E)    Application shall be obtained from and submitted to the Commissioner on forms prescribed by the Commissioner.

(F)    The original license fee and all annual renewals thereof shall be One Hundred Twenty-five Dollars ($125.00) for manufacturing plans located within or without the State of Mississippi manufacturing or delivering homes for sale within the State of Mississippi and Fifty Dollars ($50.00) per dealer location within the State of Mississippi.  The licensing fee for an independent contractor transporter or installer is Fifty Dollars ($50.00) for each company.

(G)    After the effective date of this chapter, every manufacturer, transporter or installer or seller who first sells, manufacturers, transports or installs a new or used factory-built home in this state, before such first construction, sale, transportation or installation, shall apply for and obtain a license from the Commissioner.  (The original license fee and all annual renewals thereof shall be due as set forth in Section 200).  The fee shall be paid to the Commissioner in such manner as the Commissioner may by rule require.  All funds received by the Commissioner shall be deposited in the General Fund in the State Treasury.  Only one (1) license shall be issued to any person, even though that person may be engaged in more than one (1) function.

(H)    Every manufacturer of manufactured homes in the State shall pay a monitoring inspection fee to the Secretary of Housing and Urban Development, or the secretary's Agent, for each manufactured home produced in the State by the manufacturer.  The fee shall be in an amount established by the Secretary pursuant to the National Manufactured Home Construction and Safety  Standards Act of 1974, 42 U.S.C.S. 5401 et seq..  The portion of the fee which is returned to the State shall be deposited by the Commissioner in the General Fund in the State Treasury.

(I)    The Commissioner shall investigate and examine all applicants for all licenses by holding such hearings as he shall deem necessary or conducting investigations or examinations, or any combination thereof, as to the fitness or expertise of the applicant for the type of license for which the applicant applied.  A license shall be e granted only to a person who bears a good reputation for honesty, trustworthiness, integrity and competency to transact the business in such a manner as to safeguard the interest of the public and only after satisfactory proof of such qualifications ha been presented to the Commissioner.

(J)    The Commissioner shall take all applicants under consideration after having examined them through oral or written examinations, or both, before granting any license.  If the applicant is an individual, examination may be taken by his personal appearance for examination or by the appearance for examination of one or more of his responsible, full-time managing employees; and if a partnership or corporation or any other type of business or organization, by the examination of one or more of the responsible, full-time managing officers or members of the executive staff of the applicant's firm.  Every application by an individual for a license to sell, transport or install factory-built homes, which include mobile homes and new or used manufactured homes and relocatable homes, shall be verified by the oath or affirmation of the applicant, and every such application by a partnership or corporation shall be verified by the oath or affirmation of a partner or an officer thereof.  The applications for licenses shall be in such form and detail as the Commissioner shall prescribe.

(K)    The holder of any valid license issued by the Commissioner at the time this section becomes effective shall be automatically listed an equivalent license in the same category for which his previous license was issued.

(L)    Beginning July 1, 1992, every license issued under this chapter shall be issued annually and shall expire on June 30 following the date upon which it was issued.  License fees shall not be prorated for the remainder of the year in which the application was made but shall be paid for the entire year regardless of the date of the application.  The Commissioner shall on or before April 30, 1992, and on or before April 30 of each succeeding year thereafter, forwards a "Notice of Renewal", by regular United States mail, to each license at his or its last known Post Office address.  After depositing the "Notice of Renewal" in the United States mail, the Commissioner shall have no other duty or obligation to notify the licensee of the expiration of his or its annual license.  The failure of the licensee to obtain a renewal license on or before June 30 or the ensuing license period shall act as an automatic suspension of the license unless the Commissioner, for good cause shown in writing and the payment of an amount equal to double the renewal fee for said delinquency, lifts the suspension and issues the renewal license.  During the period of suspension any practice by the licensee under the color of such license shall be deemed a violation of this chapter.  Annual renewals of a dealer's license shall require, as a condition precedent, that the dealer verify by oath or affirmation that he maintains a retail sales lot in accordance with all rules and regulations promulgated by the Commissioner and that the lot has three (3) or more new or used factory-built homes located thereon for retail sale as a residential-dwelling or for any other use at the time of the application.

Section 201 - Manufacturers

(M)    All manufacturer applicants shall certify in application that they will fully comply with the National Manufactured Home Construction Safety Standards Act of 1974, as amended, (42 U.S.C.S. 5401 et seq.) set forth under the Rules and Regulations provided in Section 75-49-5, Mississippi Code, 1972, as Amended.

(N)    All manufacturer applicants shall certify in the application that they will fully comply with the National Manufactured Home Construction and Safety Standards Act of 1974, as amended, (42 U.S.C.S. 5401 et seq.) and shall comply with the Rules and Regulations provided in Section 75-49-11, Mississippi Code, 1972, as Amended.

Section 202 - Dealers

In order to protect the health, safety and welfare of the public of this state, each applicant for a dealer's license shall:

(O)    demonstrate to the Commissioner that he has a good general working mechanical knowledge of factory manufactured home construction and repair;

(P)    demonstrate to the Commissioner that he has a good practical working knowledge of the manner in which factory-built homes are anchored and blocked in accordance with rules, regulations and procedures promulgated by the Commissioner.

(Q)    demonstrate to the Commissioner that he has a good general knowledge of an will comply with the requirements of the National Manufactured Home Construction and Safety Standards Act of 1974, (42 U.S.C. 5401 et seq.), and the rules and regulations promulgated by the Department of Housing and Urban Development as they pertain to the responsibilities of a dealer to properly safeguard the public interest.

(R)    demonstrate to the Commissioner that he has an adequate space to display his factory-built homes at each sales lot and that he has or shall maintain a sales office located at each of those sales lots with running water and sewer facilities to comply with the county health department standards in the he county in which they are located;

(S)    demonstrate to the Commissioner that he shall have or has adequate facilities for the repair and servicing of factory-built homes an the storage of parts and accessories and has at least one operable service truck.  If, however, the dealer is contracting out all repair and service, then he shall provide a duplicate of the executed contract to the Commissioner and said contract shall contain a clause stating that the Commissioner shall be notified 30 days in advance of its cancellation.

Section 203 - Independent Contractor Installer or Transporter

In order to protect the Health, Safety and Welfare of the public of this State, each applicant for an independent contractor installer or transporter licensee shall:

(T)    demonstrate to the Commissioner that he a good general working mechanical knowledge of a factory-built home construction and repair;

(U)    demonstrate to the Commissioner that he has a good practical working knowledge of the manner in which factory-built homes are anchored and blocked in accordance with rules, regulations and procedures promulgated by the Commissioner and the National Manufactured Home Construction and Safety Standards Act of 1974, (42 U.S.C.S. 5401 et seq.).

(V)    demonstrate to the Commissioner that he has a good general knowledge of and will comply with the requirements of the National Manufactured Home Construction and Safety Standards Act of 1974, (42 U.S.C.S. 5401 et seq.), and the rules and regulations promulgated by the Department of Housing and Urban Development as they pertain to the responsibilities of installers or transporters to properly safeguard to the public interest;

(W)    demonstrate to the Commissioner that he is in compliance with the Mississippi Public Service Commission as a Certified Carrier by Motor Vehicle under the Provisions of the Motor Carrier Regulatory Act of 1938, as Amended, and the Rules and Regulations adopted by the Commission.  Send a copy of your Public Service Commission Certificate or Agent Lease Agreement with the application.

III.    INSPECTION PROCEDURES

(A)    The Manufactured Housing Division of the State Fire Marshal's Office shall periodically inspect each manufacturing location to insure that factory-built homes are being constructed in compliance with the National Manufactured Housing Construction and Safety Standards Act of 1974, as Amended, 42 U.S.C.S. 5401 et seq., and these Rules and Regulations.

(B)    The Manufactured Housing Division of the State Fire Marshal's Office shall periodically inspect each dealer location to insure that factory-built homes offered for sale comply with the National Manufactured Housing Construction and Safety Standards Act of 1974, as Amended, (42 U.S.C.S. 5401, et seq.), and these Rules and Regulations.

(C)    Results of the inspection may be made available to the manufacturers or dealers upon request.  When serious violations are found on HUD certified units, the Manufactured Housing Division of the State Fire Marshal's Office shall immediately attach a non-compliance identification tag to the unit in question.

(D)    It shall be a violation of these Rules and Regulations for any factory-built home to be sold or offered for sale which has a non-compliance identification tag attached.  The wording on such tag shall be as follows:

"This unit, having been found to be in NON-COMPLIANCE with the Uniform Standards Code for Factory-Built Homes Law, and having been so identified, shall not be sold or offered for sale in the State of Mississippi.  Anyone tampering with or removing this Identification Tag from this unit will be prosecuted as set forth in this Act, and shall be subject to revocation of his license."

(E)    A non-compliance identification tag attached to a unit may be removed only by the Manufactured Housing Division of the State Fire Marshal's Office.  Such tag shall be completed as required thereon.

(F)    When the State Fire Marshal has reasonable ground to believe that a unit has been constructed in non-compliance with these standards, he may require, at the manufacturers expense that the walls, floors, decking or other panels be removed for the purpose of inspection.

(G)    Units having been identified as being in non-compliance with these Rules and Regulations and having a non-compliance tag attached may be transported and relocated only after notice has been given to the Manufactured Housing Division of the State Fire Marshal's Office.  Such notice will set forth the purpose for moving such unit, to whom the unit is to be delivered along with complete mailing address and telephone number, serial number, HUD label number and any other information as may be requested.

(H)    When such violation(s) have been corrected, the unit in question shall be reinspected by the Manufactured Housing Division of the State Fire Marshal's Office and if found in compliance with the National Manufactured Home Construction and Safety Standards Act and these Rules and Regulations, the inspector shall remove the non-compliance identification tag.  The unit can then be sold or offered for sale.

(I)    All factory-built homes, which include new or used manufactured homes and relocatable homes or mobile homes, delivered by dealers, independent contractor installers or transporters to any site where such home is to be used for human habitation shall be anchored and blocked in accordance with Rules, Regulations and Procedures as required by the Manufactured Housing Division of the State Fire Marshal's Office.  Section 75-49-7 MS Code, 1972.

(J)    The Manufactured Housing Division of the State Fire Marshal's Office shall periodically inspect site location where factory-built homes, which include new and used manufactured homes and relocatable homes or mobile homes, have been delivered by dealer's, independent contractor installers or transporters when such home is to be used for human habitation to insure that the home is tied down, anchored and blocked as required by these Rules and Regulations, Section 75-49-7, Mississippi Code, 1972, Annotated.

(K)    Manufactured Home Plants located in the State of Mississippi, Manufactured Home Retail Dealer Sales Lots, and Independent Contractor Installers or Transporters business locations and equipment shall be subject to inspections by State Chief Deputy Fire Marshal, State Deputy Fire Marshal's or Duly Authorized Representative as required to insure Compliance with Section 75-49-11, Mississippi Code, 1972, Annotated.

(L)    When any provision of Section 75-49-1 through 75-49-19 Mississippi Code, 1972, Annotated, as Amended, effective July 1, 1992, is violated, the State Chief Deputy Fire Marshal, State Deputy Fire Marshal's or Dully Authorized Representative shall file appropriate action as set forth in Section 75-49-19 MS Code, 1972, Annotated.

IV.    MINIMUM STANDARDS FOR BLOCKING, ANCHORS, AND TIE-DOWNS

Minimum standards for blocking, anchors, and tie-downs for manufactured homes, or mobile homes, when delivered to a home site location in the State of Mississippi where they are intended to be used for human habitation shall be installed in accordance with all Rules and Regulations so as to prevent loss of life and property from wind storms and related hazards.  A period of thirty (30) days from the date of delivery is allowed for blocking and anchoring of the home.

New manufactured homes with provisions for installation of anchor systems, including instructions, in accordance with Federal Manufactured Home Construction and Safety Standards, Section 3280.306 shall be installed in accordance with the manufacturers instructions.

Used manufactured homes, or mobile homes not provided with such installation instructions, or manufactured homes, or mobile homes not provided with instructions for the zone (hurricane or non-hurricane) in which they are being installed shall comply with the following specifications:

Section 400 - Minimum Blocking Standard

(A)    Pier foundations shall be installed directly under the main frame (or chassis) of the mobile home.  The piers shall not be further apart than ten (10) feet on centers on the main frame, front or back, and shall not extend further than five (5) feet beyond the center line of the end of the piers.

(B)    All grass and organic material shall be removed and the pier foundation placed on stable soil  The pier foundation shall be a 16" x 16" solid concrete pad, precast or poured in place or equivalent.

(C)    When concrete piers are used, they must be constructed of regular 8" x 8" x 16" concrete blocks, open cells, solid or equivalent (with open cells vertical) capped with a 2" or 4" thick solid 8" x 16" concrete block or both, with either a 2" x 8" x 16" or 1" x 8" x 16" pressure treated wood plate or a combination of the above placed on top of the pier with shims fitted and driven tightly between the wood plate and the main frame.  Shims shall not occupy more than one (1) inch of vertical space.  Single tiered block piers shall be installed perpendicular to the main I-beam.  Steel piers or other pier devices when approved by the Commissioner may be used in lieu of concrete.  (Combination of blocks and steel piers prohibited).

(D)    All piers over forty (40) inches in height shall be double tiered with blocks interlocked and capped with a 4" x 16" x 16" solid concrete block or equivalent.  A 2" x 8" x 16" pressure treated wood plate or equivalent shall be placed on top of the pier with shims fitted and driven tight between the wood plate and the main frame.

Section 401 - Minimum Anchoring Standards

(E)    Ground anchors shall be aligned close to the end of the piers, but not in exact center that will interfere with farm ties.

(F)    Auger-type anchors shall be at least 4' in length, have a minimum diameter of six (6) inches (arrowheads 8") and be sunk their full depth.  Steel rods shall be at least 5/8" diameter, have a forged or welded eye at top, or have a yoke-type fastening and tensioning device or a threaded connector and tensioning device.  Anchors shall be capable of withstanding 4,750 pounds of pull (in a vertical or diagonal direction) without failure.

(G)    Anchors to reinforced concrete slabs must be strength comparable to that presented above.

(H)    Other anchors which are capable of withstanding 4,750 pounds of pull without failure may be approved by the Manufactured Home Division of the State Fire Marshal's Office as equivalent to above specifications.

Section 402 - Tie-downs

(I)    All factory-built homes shall have tie-downs with provisions for distributing the load of these tie-downs and provisions for the a attachment to the ground anchors so as to resist wind overturning and sliding as imposed by the respective design loads of this part.

(J)    Each tie-down shall be designed to resist an allowable working load equal to or exceeding 3,150 pounds and shall be capable of withstanding a 50 percent overload without failure.

(K)    Unless the tie-down system is designed by a Registered Professional Engineer or Architect, tie-downs shall be placed as follows:

(1)    Hurricane Zones - Not more than 12 feet on centers beginning from the ground wall (first stud and/or first cross member).  Not more than 6 feet open-end spacing shall be provided at the rear wall of the factory-built home unless additional tie-downs are installed.

(2)    Non-Hurricane Zones - Not more than 24 feet on centers beginning from the front wall (first stud and/or first cross member).  Not more than 6 feet open-end spacing shall be provided at the rear wall of the factory-built home unless additional tie-downs are installed.

(L)    Provisions for diagonal ties between ground anchor and the mobile home shall be made in conjunction with each vertical tie-down.

(M)    Designated Hurricane Zone Counties are Hancock, Harrison, Jackson, George, Stone, Pearl River,  Green, Perry, Forrest, Lamar, Marion, Walthall, Pike, Amite and Wilkinson.

(N)    Minimum specifications for tie-down materials shall be:  1 1/4" x .035 cold rolled, heat treated, hot dipped galvanized steel strapping.  Said strapping shall be manufactured to conform to Federal Specification 00-S-781F, Type 1, Class B, Grade 1.  Breaking strength must be a minimum of 4,750 pounds.  Hot dipped, zone coating shall be a minimum of 0.30 ounces per square foot of surface.  Any materials (including cable) other than those specified above must be equal to or exceed said federal specifications as regards to strength and weather resistance.

(O)    The support and anchoring systems of all mobile homes that bear the HUD label shall be designated by a Registered Professional engineer or architect and meet the requirements of part 280.306 of the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended (42 U.S.C.S. 5401 et seq.)  The manufacturer shall provide complete tie-down instructions with each mobile home.

(P)    From and after July 1, 1992, no dealer, transporter or installer shall deliver or cause to be delivered any factory-built home to any person at any site where such home is to be used for human habitation without anchoring and blocking such home in accordance with rules, regulations and procedures promulgated by the Commissioner pursuant to section 75-49-5; provided, however, that a period of thirty (30) days from date of delivery shall be allowed for the anchoring and blocking of such homes.

V.    LOCAL CODE ADOPTION AND INSPECTION

Any local government (county or municipality) which has adopted the latest edition and Appendices of the Southern Building Code published by the Southern Building Code Congress International will be regarded by the Manufactured Housing Division of the State Fire Marshal's Office as being in full compliance with these  Rules and Regulations of the "Uniform Standards Code for Factory-built Homes Law" and as such will assume responsibility for local code enforcement for the installation, blocking, anchoring and tie-downs of factory-built homes, which are defined as manufactured homes or mobile homes within their respected jurisdictions.