TITLE 14 HOUSING
AND CONSTRUCTION
CHAPTER 12 MANUFACTURED
HOUSING
PART 2 LICENSURE REQUIREMENTS
14.12.2.1 ISSUING
AGENCY: The Manufactured Housing Division of the
Regulation and Licensing Department.
[14.12.2.1 NMAC -
Rp, 14.12.2.1 NMAC, 12/10/2010]
14.12.2.2 SCOPE: These
rules and regulations apply to all manufacturers, dealers, brokers, salesman,
installers, repairman, contractors, and purchasers of manufactured homes in the
state of New Mexico.
[14.12.2.2 NMAC -
Rp, 14.12.2.2 NMAC, 12/10/2010]
14.12.2.3 STATUTORY AUTHORITY: These
rules are promulgated pursuant to the Manufactured Housing Act, Sections
60-14-1 through 60-14-20 NMSA 1978.
[14.12.2.3 NMAC -
Rp, 14.12.2.3 NMAC, 12/10/2010]
14.12.2.4 DURATION:
Permanent.
[14.12.2.4 NMAC -
Rp, 14.12.2.4 NMAC, 12/10/2010]
14.12.2.5 EFFECTIVE
DATE: 12/10/2010 unless a later date is cited at
the end of a section.
[14.12.2.5 NMAC -
Rp, 14.12.2.5 NMAC, 12/10/2010]
14.12.2.6 OBJECTIVE: The
objective of 14.12.2 NMAC is to set forth the classifications, requirements and
documentation, which must be submitted to the manufactured housing division,
for licensure under the Manufactured Housing Act.
[14.12.2.6 NMAC -
Rp, 14.12.2.6 NMAC, 12/10/2010]
14.12.2.7 DEFINITIONS: [RESERVED]
14.12.2.8 LICENSING
PROCEDURES:
A. Any person or
business, prior to engaging in any scope of practice regulated by the act,
shall obtain a license in accordance with the act and these regulations. Licensees shall at all times display their
license at their primary place of business within public view.
B. Application
for any license required by these regulations shall be made on a form provided
by the division. Each application shall
be accompanied by the required nonrefundable fee as provided by 14.12.10
NMAC. A military service member or
veteran as defined in these rules shall not be charged a licensing fee for the
first three years a license issued under these rules is valid.
C. If
an application is not complete, the applicant will be notified of all
deficiencies within 20 days of the division’s receipt. If an incomplete
application is not completed within 30 days after written notification by the
division, the division shall close the license application file.
D. Within 20 days
of the division receiving a completed application, the applicant or his
designated qualifying party shall be notified that they are eligible to take
the required examination. Examinations
will be administered by the division at its office in Santa Fe, New Mexico or
at locations designated by the division.
E. Any occupational
or professional license pursuant to these rules shall be issued as soon as
practicable, but no later than 30 days after a military service member or a
veteran as defined in these rules files an application and successfully passes
any required examination, pays any required fees, and provides a background
check if required.
F. No license shall
be issued until the applicant or his designated qualifying party has passed the
required examination, has tendered all fees and has posted all necessary bonds
required by 14.12.4 NMAC.
G. Any applicant
who has not completed an application for licensure within one year after
notification that he has successfully passed the entry examination shall be
required to reapply for licensure and retake the examination.
H. An
application for a license under the Manufactured Housing Act shall be denied
pursuant to Section 28-2-4 NMSA 1978 if the applicant has been convicted of a
felony enumerated as a disqualifying criminal conviction. A conviction for any one of the following
offenses, or their equivalents in any other jurisdiction, is a disqualifying
criminal conviction.
(1) homicide;
(2) convictions
involving physical harm to a person, including assault and battery, sexual
offenses;
(3) kidnapping
and human trafficking;
(4) crimes
against children and dependents, including sexual crimes or offenses, and child
abuse or neglect;
(5) arson;
(6) property
damage;
(7) larceny
and theft, including computer crimes, and unlawful taking of a motor vehicle;
(8) crimes
involving fraud, including theft of identity, and money laundering;
(9) attempt,
conspiracy, and solicitation of any disqualifying crime.
I. Any person who
applies for a license or certification or renewal under these rules who is
convicted of a disqualifying crime in New Mexico or any other state on or after
the date of application shall notify the division within 10 days of the
conviction, along with the date, crime and case number.
J. Upon denial of
a license including denial based on a disqualifying criminal conviction, the
applicant shall be provided notice and an opportunity to be heard pursuant to
the pertinent notice and hearing provisions of the Uniform Licensing Act.
K. Any person
applying for a license whose business is a corporation, limited liability company,
limited partnership, limited liability partnership or general partnership must
submit a certified copy of the articles of incorporation, articles of
organization, certificate of registration, or statement of qualification at the
time the application is filed with the division.
[14.12.2.8 NMAC -
Rp, 14.12.2.24 NMAC, 12/10/2010; A, 4/22/2022]
14.12.2.9 MANUFACTURERS:
A. A manufacturer's
license entitles its holder to sell or import for sale manufactured homes in
New Mexico.
B. Each
manufacturing plant or location shall have a qualifying party and each location
shall have a separate license.
C. Each
manufacturing plant is required to submit a written report to the division of
all new homes shipped into or within New Mexico. The report must contain the
following information: New Mexico license number and name; the serial number
and H.U.D. label number assigned to the home and the name of the retailer to
whom the homes are delivered. The report
must be filed by the 15th of the month following the shipment month.
[14.12.2.9 NMAC - Rp,
14.12.2.14 NMAC, 12/10/2010]
14.12.2.10 DEALERS:
A. A dealer's
license entitles its holder to engage in the business of selling, exchanging,
buying for resale, leasing, offering to or attempting to negotiate sales or
exchanges or lease-purchases of new and pre-owned manufactured homes. A dealer may also perform all functions,
which a broker is authorized to perform under the act and these regulations. Any person who in any manner acts as a dealer
in the transaction of more than one manufactured home in any consecutive
12-month period is required to be licensed as a dealer.
B. Each dealer's
location shall have a qualifying party and each location shall have a separate
license.
C. A dealer shall
maintain a place of business, which is an actual physically, established
location from which business can be conducted and where all documents directly
related to the purchase, sale, trade and installation of a manufactured home
within the preceding three years shall be available for inspection during
normal business hours by a representative of the division. All locations in which a dealer offers
manufactured homes off-site from the dealer’s physical location are to be
considered an extension of the dealer’s lot.
A post office box, secretarial service, telephone answering service, or
similar entity does not constitute an actual physically established location.
D. The following
provisions shall govern all transactions in which a dealer is involved in a
transfer of a pre-owned manufactured home between a buyer and a seller, other
than the dealer.
(1) The
dealer's role is that of a fiduciary to his principal.
(2) In
all such transactions which require a transfer of title, the dealer must:
determine the status of title, including all recorded liens and security
interests, of the manufactured home according to the title records of the motor
vehicle division, and disclose in writing to all parties in the transaction the
status of title of the home as shown by such records.
(3) All
listing agreements entered into by a dealer shall disclose the percentage
amount or fee to be received by the dealer upon the completion of a transaction
under the terms of the listing agreement.
(4) Prior
to the closing between the buyer and seller on a transaction, the dealer shall
deliver to both the buyer and the seller a closing statement which shall
contain, but is not limited to, the following information: the purchase price;
all funds paid and to be paid by the buyer; all funds received and to be
received by the seller; receipt and disposition of all other funds relevant to
the transaction; the method of assumption, disposition or other treatment of
existing loans on the home and liens on or security interests in the home.
E. Each dealership
location must have at least one licensed salesperson per location. For an individual dealer operating a single
lot, the dealer's license shall meet the requirement of a salesperson license
for the person to whom it is issued. A
dealership operating multiple lots must have at least one licensed
salesperson. All persons engaged in
selling manufactured homes for a dealer must be licensed with the division
before engaging in the business.
F. Each dealer is
required at the time of sale of a manufactured home to make a full disclosure
to the buyer, concerning the disposition of the wheels, axles and hitch(es). Such disclosure must be acknowledged and
signed by the purchaser.
G. If a dealership
is open for business prior to receiving the appropriate license to conduct
business, the division may tag each home with a "prohibit sales
notice" and an inspection fee of $60.00 will be charged to the dealer for
removal of each such tag.
H. Any licensed
dealership may display and offer for sale manufactured homes off-site from the
dealer’s physical location. All
locations in which a dealer offers manufactured homes off-site from the dealer’s
physical location are to be considered an extension of the dealer’s lot.
(1) The
dealer shall notify the manufactured housing division in writing, on a form
supplied by the division, of each address and location where homes off-site
from the dealers physical location will be displayed and offered for sale.
(2) Each
home displayed off-site from the dealer’s physical location and offered for
sale must display a copy of the dealer’s license and a copy of the MHD
compliance poster.
(3) All
rules and regulations of the manufactured housing division shall apply to off-site
sales locations.
I. If a dealer
discharges a salesperson for any activities in violation of the MHD rules and
regulations the dealer must report the discharge within 30 days to the division
to investigate the potential violation.
[14.12.2.10 NMAC - Rp,
14.12.2.15 NMAC, 12/10/2010]
14.12.2.11 BROKERS:
A. A manufactured
home broker's license entitles its holder to engage in the functions authorized
for brokers in the act. A manufactured
home broker's functions are strictly limited to only pre-owned manufactured
homes. Any person who in any manner
engages in brokerage activities for more than one manufactured home in any
consecutive 12-month period is required to be licensed as a manufactured home
broker.
B. A manufactured
home broker cannot negotiate any transaction involving the sale, exchange,
renting or leasing of real estate unless he is licensed under the Real Estate
Act of New Mexico.
C. Each
manufactured home broker shall be individually licensed.
D. A manufactured
home broker's role is that of a fiduciary to his principal.
E. In all
transactions which require the transfer of title to a manufactured home and in
which a manufactured home broker is involved the manufactured home broker must
determine the status of title, including all recorded liens and security
interests, of the manufactured home according to the title records of the motor
vehicle division, and disclose in writing to all parties in the transaction the
status of title of the home as shown by such records.
F. A manufactured
home broker shall maintain a place of business, which is an actual physically,
established location from which business can be conducted and where all
documents directly related to the purchase, sale, trade and installation of a
manufactured home within the preceding three years shall be available for
inspection during normal business hours by a representative of the
division. Each branch office shall also
maintain copies of adequate records for this same inspection purpose of all
transactions handled within the branch office.
G. A manufactured
home broker shall fully disclose to the consumer any ownership interest of the
manufactured home broker, either direct or indirect, in the manufactured home
prior to the consumer's entering into any agreement for the purchase of the
home.
H. All listing
agreements entered into by a manufactured home broker shall disclose the
percentage amount or fee to be received by the manufactured home broker upon
the completion of a transaction under the terms of the listing agreement.
I. A manufactured
home broker shall not enter into a net listing agreement.
J. Upon receipt of
a written offer to purchase, a manufactured home broker shall promptly deliver
the written offer to purchase to the seller.
Upon obtaining written acceptance of the offer to purchase, the
manufactured home broker shall promptly deliver true copies to the purchaser
and seller. All terms of the transaction
must be included in the written offer to purchase.
K. Before receiving
a customer deposit, a manufactured home broker shall give to a purchaser an
itemized statement of all approximate costs relevant to the transaction.
L. A manufactured
home broker shall initiate the transfer of title on a manufactured home no
later than 30 days from the completion of the transaction. A manufactured home broker shall not be responsible
for title transfer if it is the responsibility of the purchaser's lienholder.
M. Prior to the
closing between the buyer and seller, the manufactured home broker shall
deliver to both the buyer and seller a closing statement which shall contain,
but is not limited to, the following information:
(1) the
purchase price;
(2) all
funds paid and to be paid by the buyer;
(3) all
funds received and to be received by the seller;
(4) receipt
and disposition of all other funds relevant to the transaction;
(5) the
method of assumption, disposition or other treatment of existing loans on the
home and liens on or security interest in the home.
N. A manufactured
home broker shall not operate or provide a lot or other location where
manufactured homes are displayed for consumers.
O. Each
manufactured home broker branch location shall have as qualifying party, a
licensed and bonded associate manufactured home broker.
P. A manufactured
home broker shall not purchase a manufactured home from a financial institution
licensed by the New Mexico financial institutions division or consumer for the
purpose of resale.
Q. A manufactured
home broker will not engage in the business of buying and selling manufactured
homes.
R. Every
manufactured home broker will be audited annually to ensure they are not in the
business of buying or selling manufactured homes.
[14.12.2.11 NMAC - Rp,
14.12.2.16 NMAC, 12/10/2010]
14.12.2.12 TEMPORARY
SALESPERSON LICENSE:
A. The director may
issue a one time 30 day temporary sales license for individuals who have never
been licensed by the division as a temporary salesperson or salesperson. A
temporary salesperson license shall not be renewed.
B. A temporary
salesperson's license entitles its holder to be employed, either directly or
indirectly, with or without remuneration or consideration by a dealer or broker
to engage in sales or lease-purchases of new and pre-owned manufactured homes
through that dealership or brokerage as allowed by the employer's license.
C. Custody of license.
(1) A
temporary salesperson's license shall be in the custody of the licensee’s
employer.
(2) A
temporary salesperson shall be issued a wallet card by the division. The card
shall contain the licensee's name, license number and the address of the
employer.
(3) If
a temporary salesperson is discharged or terminates their employment, the
employer shall return the temporary salesperson's license to the division
within 10 days of the last date of employment. The division shall immediately
terminate the temporary license.
D. A temporary
salesperson shall not work for, be employed by or conduct transactions for more
than one dealer or broker.
E. All transactions
handled by or involving a temporary salesperson must be reviewed and supervised
by the employing dealer or broker. All documents prepared by the temporary
salesperson, in a transaction, must be reviewed by the dealer or broker.
[14.12.2.12 NMAC - Rp,
14.12.2.12 NMAC, 12/10/2010]
14.12.2.13 SALESPERSONS:
A. A salesperson's
license entitles its holder to be employed, either directly or indirectly, with
or without remuneration or consideration by a dealer or broker to engage in
sales or lease-purchases of new and pre- owned manufactured homes through that
dealership or brokerage as allowed by employer's license.
B. Each salesperson
shall be licensed individually.
C. Custody of license.
(1) A
salesperson's license shall be in the custody of his employer.
(2) Each
salesperson shall be issued a wallet card by the division. The card shall contain the licensee's name,
license number and the address of the employer.
D. Change of
employment.
(1) When
any salesperson is discharged or transfers his place of employment, the
employer shall return the salesperson's license to the division within 10 days
of the date of termination. The division
shall place the license in an inactive status.
(2) Upon
employing a salesperson whose license has been returned to the division, the division,
upon notification from the new employer and the request for transfer, shall
transfer the salesperson's license for the remainder of any unexpired term of
such license. The division shall also
issue a new wallet card.
E. A salesperson or
associate broker shall not work for, be employed by or conduct transactions for
more than one dealer or broker at the same time.
F. All transactions
handled by or involving a salesperson must be reviewed and supervised by the
employing dealer or broker. All
documents prepared by the salesperson, in a transaction, must be reviewed by
the dealer or broker.
G. A salesperson
shall not act as a salesperson while his license is in the custody of the division.
H. A salesperson
may not be licensed while there is an outstanding complaint with the
manufactured housing division.
[14.12.2.13 NMAC - Rp,
14.12.2.18 NMAC, 12/10/2010]
14.12.2.14 INSTALLER
AND REPAIRMEN:
A. An installer's
license entitles its holder to install manufactured homes for remuneration or
consideration as provided for by these regulations.
B. A repairman's
license entitles its holder to repair manufactured homes for remuneration or
consideration as provided for by these regulations. An exception to this rule is a person(s) who
makes manufacturer’s warranty repairs and is employed and paid wages by a New
Mexico licensed manufacturer or its designated agent. Such person(s) are not
required to maintain a repairman’s license.
C. Licenses for
installers and repairmen shall be classified as MHD-1, MHD-2, MHD-3, MHD-3 Y
and MHD-3 E.
(1) MHD-1
shall permit the holder to level ground and place piers to support a
manufactured home, to attach and tighten tiedowns, to connect existing water
and sewer lines, to connect electrical cable to the home's approved existing
receptacle, to install and repair skirting, and to install concrete associated
with footings or foundations.
(2) MHD-2
shall permit the holder to perform all functions of an MHD-1 and to make
structural repairs and alterations.
(3) MHD-3
shall permit the holder to perform all the functions of an MHD-2 and to service
and repair natural gas piping and appliances, change and adjust orifices in a
manufactured home prior to connection to L.P. gas, and to service and repair
plumbing and electrical systems.
(4) The
scope of an MHD-3 Y licensee shall be extended to install gas yardlines to
manufactured homes upon acquiring an appropriate endorsement from the division.
(5) The
scope of an MHD-3 E licensee shall be extended to install feeder assemblies
from the on-site utility terminal to the manufactured home not to exceed 30
feet. The provisions for obtaining a
separate electrical endorsement shall include a minimum of two years in the
last 10 years of verifiable experience performing electrical work on manufactured
homes or related equipment.
D. Structural
repairs, alterations and modifications allowed by classifications MHD-2 and
MHD-3 are limited to the manufactured home itself and include awnings and
porches supported by the home. Any
structural repair, alteration or modification outside the manufactured home,
including any concrete construction other than small pads for support posts, is
not included under the MHD-2 or MHD-3 classifications. Licensees must comply with provisions of the
Construction Industries Licensing Act. Sections 60-13-1, et. seq., NMSA 1978,
to build any structure which requires a license under that act.
E. An applicant
shall provide evidence of meeting at least one of the following minimum
experience requirements:
(1) 1,800
hours of experience installing manufactured homes;
(2) 3,600
hours of experience in the construction of manufactured homes;
(3) 3,600
hours of experience as a building construction supervisor;
(4) 1,800
hours as an active manufactured home installation inspector;
(5) completion
of one year of a college program in construction-related field; or
(6) any
combination of experience or education from 1 - 5 above that totals 3,600
hours.
F. An applicant for
installation license must complete 12 hours of training, at least 4 of which
must consist of training on the federal installation standards and installation
program. The training must be conducted by committee approved trainers who meet
the requirements of 24 C.F.R. Section 3286 subpart D. The curriculum must
include, at a minimum, training in the following areas:
(1) an
overview of the Manufactured Home Construction and Safety Standards 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 24 C.F.R. Section 3285 and 24 C.F.R. Section 3286, and specific
instruction including:
(a) preinstallation
considerations;
(b) site
preparation;
(c) foundations;
(d) anchorage
against wind;
(e) optional
features, including comfort cooling systems;
(f) ductwork
and plumbing and fuel supply systems;
(g) electrical
systems; and
(h) exterior
and interior close-up work;
(3) an
overview of the construction and safety standards and regulations found in
parts 24 C.F.R. Section 3280 and 24 C.F.R. Section 3282;
(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 federal or state requirements;
(10) qualified
trainers must revise and modify course curriculum as needed to include, at a
minimum, any relevant modifications to the federal or state act or the
standards, rules and regulations, as well as to provide any training further
mandated by the division and HUD.
G. An applicant for
licensure must provide evidence of receiving a passing grade of seventy percent
on a HUD administered or HUD approved examination.
H. An installer or
repairman shall maintain a place of business, which is an actual physically,
established location from which business can be conducted and where accounts
and records shall be available for inspection during normal working hours by a
representative of the division. A post
office box, secretarial service, telephone answering service or similar entity
does not constitute an actual physically established location for purposes of
this subsection.
I. The division
may, upon request, grant separate licensure for any person holding a valid
license in the electrical or mechanical classifications issued under the
Construction Industries Licensing Act (Sections 60-13-1, et. seq., NMSA 1978),
as amended, and may permit such person to act in the capacity of an installer
or repairman for electrical or mechanical work on a manufactured home within
the scope of such license. The division may also, upon request, grant separate
licensure for any person holding a valid license in the general construction
classifications, including GB-2, GB-98, or GS-4 classifications issued under
the Construction Industries Licensing Act (Sections 60-13-1, et. Seq., NMSA
1978), as amended, and may permit such person to act in the capacity of a
contractor for work associated with the general construction license
classification. A person licensed under
this provision may not perform or permit the installation of a manufactured
home, including installations of alternate manufactured home foundation systems. Any person requesting a license, in
accordance with this provision, shall furnish proof satisfactory to the
division of his status as a licensee of the construction industries division or
its successor. Nothing in this provision
shall be construed as a waiver of any obligation to comply with any other
requirement of the Manufactured Housing Act or these regulations, including the
bonding requirements of these regulations.
[14.12.2.14 NMAC -
N, 12/10/2010; A, 11/01/2013]
HISTORY of 14.12.2 NMAC:
Pre-NMAC History:
Material in the part
was derived from that previously filed with the commission of public records -
state records center and archives:
CIC 70-5, 1969
Standards for Mobile Homes, filed 09/02/1970
CIC MB 70-9,
Standard for Mobile Homes for New Mexico, filed 10/23/1970
CIC 71-5, 1971
Mechanical Mobile Home Code for New Mexico, filed 09/16/1971
CIC 72-3, 1972
Standards for Mobile Homes, filed 08/18/1972
CIC 73-1, 1973
Standards for Mobile Homes, filed 10/30/1973
CIC MHB 75-4, 1975
Standard for Mobile Home Regulations pertaining to Manufacturers, Dealers, and
Installers, filed 10/08/1975
CIC MHB 77-7,
Regulations pertaining to Manufacturers, Dealers, Brokers, Salesmen,
Installers, and Repairmen, filed 04/02/1977
MHD 77-1,
Regulations pertaining to Manufacturers, Dealers, Brokers, Salesmen, Installers
and Repairmen, filed 04/26/1977
MHD 81-1, Mobile
Housing Division Regulations, filed 05/27/1981
MHD 83-1,
Manufactured Housing Division Regulations, filed 08/18/1983
MHD 85-1,
Manufactured Housing Division Regulations, filed 02/01/1985
MHD 88-1,
Manufactured Housing Division Regulations, filed 08/09/1988
MHD 90-1,
Manufactured Housing Division Regulations, filed 12/08/1989
History of Repealed Material:
14 NMAC 12.2,
Manufactured Housing Requirements (filed 9-16-97) repealed 12/01/1998.
14 NMAC 12.2,
Manufactured Housing Requirements (filed 10-14-98) repealed 6/01/1999.
14 NMAC 12.2,
Manufactured Housing Requirements (filed 4-14-99) repealed 9/14/2000.
14.12.2 NMAC,
Manufactured Housing Requirements (filed 8-01-00) repealed 12/01/2010.
Other History:
MHD 90-1,
Manufactured Housing Division Regulations (filed 12/08/1989) was renumbered,
reformatted, amended and replaced by 14 NMAC 12.2, Manufactured Housing Requirements,
effective 12/01/1998.
14 NMAC 12.2,
Manufactured Housing Requirements (filed 10/14/1998) was replaced by 14 NMAC
12.2, Manufactured Housing Requirements, effective 6/01/1999.
14 NMAC 12.2,
Manufactured Housing Requirements (filed 4/14/1999) was replaced by 14.12.2
NMAC, Manufactured Housing Requirements, effective 9/14/2000.
Those applicable
portions of 14.12.2 NMAC, Manufactured Housing Requirements (filed 8/01/2000) were
replaced by 14.12.2 NMAC, Licensure Requirements, effective 12/01/2010.