La. Admin. Code tit. 55 § V-509

Current through Register Vol. 50, No. 9, September 20, 2024

Section V-509 - Notification and Correction Procedure

A. Manufacturer's Determination. When a consumer complaint is referred to the manufacturer and the manufacturer determines that an imminent safety hazard, serious defect, defect or noncompliance may exist and the manufacturer does not correct the imminent safety hazard or failure to conform within 30 days of the date on which the manufacturer determined the existence of an imminent safety hazard or failure to conform, the manufacturer shall prepare and submit a plan as provided for in 24 CFR Section 3282 . 409, to the state fire marshal.

B. Notification. The plan, including a copy of the notice as required by 24 CFR Section 3282 . 410, shall be submitted to the state fire marshal by the manufacturer and shall provide for notification by mail, to the first purchaser (not including any retailer or distributor of the affected manufacturer) of each manufactured home containing an imminent safety hazard, serious defect, defect or noncompliance and any subsequent purchaser to whom any warranty provided by the manufacturer or required by federal or state law has been transferred, to the extent feasible; by mail to any other person who is a registered owner of each manufactured home containing an imminent safety hazard, serious defect, defect or noncompliance and whose name has been returned to the manufacturer under the procedure of Record of Purchasers as provided for under 24 CFR Section 3282 . 410; by mail or other expeditious means to the retailers or distributors to whom such manufactured home was delivered. In the event the manufactured home has an imminent safety hazard or serious defect, the notification shall be forwarded by certified mail, if mailed.

C. Review

1. The state fire marshal will review the plan submitted by the manufacturer, including the contents of the notice, and either approve the plan as submitted or make modifications to the plan for compliance with the requirements of 24 CFR Section 3282.409 and notify the manufacturer of the approval or modification. The manufacturer may contest the modification within five days of the approval of the plan or modification.

2. If the state fire marshal does not accept the manufacturer's position as to the modification, it shall act as follows: if the manufacturer contends that the manufactured home contains a defect rather than an imminent safety hazard or serious defect as the state fire marshal contends, the state fire marshal shall refer the matter to the secretary for determination under 24 CFR Section 3282.407 (a).

3. The formal notification requirements which would result from any determination by the manufacturer under 24 CFR Section 3282.404 may be waived by the state fire marshal that would otherwise approve the plan upon receipt of satisfactory assurances from the manufacturer that:

a. the manufacturer has identified all possibly affected manufactured homes which have been sold to purchasers, retailers and distributors;

b. the manufacturer has corrected, at the manufacturer's expense, all affected manufactured homes; and

c. the repairs, in the state fire marshal's judgment, are adequate to remove the imminent safety hazard or failure to conform.

La. Admin. Code tit. 55, § V-509

Promulgated by the Department of Public Safety, Office of the State Fire Marshal, LR 8:18 (January 1982), amended by the Department of Public Safety and Corrections, Office of the State Fire Marshal, LR 23:1695 (December 1997), LR 38:3236 (December 2012).

AUTHORITY NOTE: Promulgated in accordance with R.S. 40:1651(B).