N.Y. Comp. Codes R. & Regs. tit. 19 § 1210.16

Current through Register Vol. 46, No. 51, December 18, 2024

Section 1210.16 - Warranty seals

(a) Except as otherwise provided in subdivision (i), (j) or (k) of this section, no manufactured home may be installed in the State of New York at any time on or after January 1, 2006 unless:

(1) the manufacturer of such manufactured home shall have obtained a manufacturer's warranty seal from the Department of State and shall have attached such manufacturer's warranty seal to such manufactured home; and

(2) the installer of such manufacturer home shall have obtained an installer's warranty seal from the Department of State and shall have attached such installer's warranty seal to such manufactured home. The installer shall attach such installer's warranty seal after installation is complete.

(b) The manufacturer's warranty seal and installer's warranty seal shall be attached in a permanent fashion in a built-in closet in the master bedroom of such manufactured home. The seals shall be attached at places within the closet where both seals can be readily seen and read when the closet door is open. For the purposes of this subdivision, if there is one bedroom in the manufactured home, such bedroom shall be deemed to be the master bedroom; if there are two bedrooms in the manufactured home, the larger bedroom shall be deemed to be the master bedroom; if there are three or more bedrooms in the manufactured home, the largest bedroom shall be deemed to be the master bedroom; and if there are more than one built-in closet in the master bedroom, manufacturer's warranty seal and installer's warranty seal shall be attached in the larger (or largest) built-in closet in the master bedroom. If there is no built-in closet in the master bedroom, the manufacturer's warranty seal and installer's warranty seal shall be attached in such other place or places as may be approved by the Department of State in writing.

(c) A manufacturer may submit to the Department of State a request for five or more manufacturer's warranty seals. An installer may submit to the Department of State a request for one or more installer's warranty seals; provided, however, that a person holding a limited certificate issued pursuant to section 1210.6(f) (Standards for certification as an installer) of this Part shall not be permitted to submit any such request; and provided further that a person holding an owner-occupant installer certificate issued pursuant to section 1210.6(h) of this Part shall be permitted to submit a request only for the installer's warranty seal to be attached to the manufactured home which is identified in such owner-occupant installer certificate. Any request for manufacturer's warranty seals or for installer's warranty seal(s) shall be in writing, shall be on a form provided by or otherwise acceptable to the Department of State, and shall be accompanied by the applicable fee set forth in or determined pursuant to section 1210.19(Fees) of this Part. The requesting party must be certified by the Department of State as a manufacturer or installer, as applicable.

(d) A manufacturer attaching a manufacturer's warranty seal to a manufactured home shall be deemed to warrant to the buyer of such manufactured home:

(1) that the manufacturer is approved to construct manufactured homes by the United States Department of Housing and Urban Development;

(2) that such manufactured home was constructed in accordance with all applicable Federal, State, and local statutes, laws, codes, rules, and regulations; and

(3) that the manufacturer is certified by the Department of State (or, in the case of a seal affixed prior to July 1, 2006, that the manufacturer satisfies all applicable standards for certification as a manufacturer and intends to obtain such certification).

The warranties set forth in this subdivision shall be in addition to, and not in limitation of or substitution for, the warranty provided for in article 35 of the General Business Law and any and all other warranties, express or implied, given or made by the manufacturer, whether contractually or by operation of law.

(e) An installer attaching an installer's warranty seal to a manufactured home will be deemed to warrant to the buyer of such manufactured home:

(1) that the installation of such manufactured home meets the standards of the Uniform Code; and

(2) that the installer is certified by the Department of State (or, in the case of a seal affixed prior to July 1, 2006, that the installer satisfies all applicable standards for certification as an installer and intends to obtain such certification).

The warranties set forth in this subdivision shall be in addition to, and not in limitation of or substitution for, any and all other warranties, express or implied, given or made by the installer, whether contractually or by operation of law. The warranty of the installer that the installation of such manufactured home meets the standards of the Uniform Code shall be deemed to include, without limitation, a warranty that the foundation or supports on which the manufactured home was installed were inspected and approved by the governmental agency or department or other person or entity responsible for enforcing the Uniform Code in the jurisdiction in which the manufactured home was installed, and if such foundation or supports were constructed by the installer, such warranty shall also be deemed to include, without limitation, a warranty that such foundation or supports were constructed in accordance with the applicable provisions of the Uniform Code.

(f) No manufacturer shall charge a fee in excess of the fee set forth in section 1210.19(Fees) of this Part for attaching a manufacturer's warranty seal to any manufactured home. No installer shall charge a fee in excess of the fee set forth in section 1210.19(Fees) of this Part for attaching an installer's warranty seal to any manufactured home.

(g) No governmental agency or department or other person or entity responsible for issuing certificates of occupancy in any jurisdiction shall issue a certificate of occupancy for any manufactured home installed in such jurisdiction at any time on or after January 1, 2006 unless:

(1) the manufacturer's warranty seal required by this section has been attached to such manufactured home (unless such manufacturer's warranty seal is not required by reason of subdivision [i], [j] or [k] of this section);

(2) the installer's warranty seal required by this section has been attached to such manufactured home; and

(3) the governmental agency or department or other person or entity responsible for issuing certificates of occupancy has independently determined that such manufactured home has been installed in accordance with the applicable provisions of the Uniform Code.

In determining whether such installation was or was not in accordance with the applicable provisions of the Uniform Code, the governmental agency or department or other person or entity responsible for issuing certificates of occupancy shall not rely upon the presence of the installer's warranty seal, but shall make its own independent determination.

(h) Neither the State of New York nor the Department of State shall be deemed to make any warranty of any kind, express or implied, to any manufacturer, retailer, installer, mechanic, homeowner, or lending entity, or to any buyer of any manufactured home, to any governmental agency or department or other person or entity responsible for issuing certificates of occupancy, or to any other person, entity, or business entity, by reason of the issuance by the Department of State of any manufacturer's warranty seal or installer's warranty seal, or by reason of any manufacturer's warranty seal or installer's warranty seal being attached to or present on any manufactured home. No manufacturer, retailer, installer, or mechanic, and no person employed by or affiliated with any manufacturer, retailer, installer, or mechanic, shall give or make any statement or representation, written or oral, to any manufacturer, retailer, installer, mechanic, homeowner, or lending entity, to any buyer of any manufactured home, to any governmental agency or department or other person or entity responsible for issuing certificates of occupancy, or to any other person, entity, or business entity, which indicates or which is intended to indicate that any manufacturer's warranty seal or installer's warranty seal constitutes, evidences, or gives rise to a warranty of any kind by the State of New York or the Department of State.

(i) A manufactured home which was installed in the State of New York for a bona fide purchaser prior to January 1, 2006 and which is re-installed (whether at its original site of installation or at a new site) on or after January 1, 2006, may be so re-installed without attaching a manufacturer's warranty seal. However, the installer performing such re-installation must attach an installer's warranty seal at the time of such re-installation.

(j) A manufactured home which was installed in the State of New York for a bona fide purchaser on or after January 1, 2006, which bears the required manufacturer's warranty seal and installer's warranty seal from the original installation, and which is re-installed (whether at its original site of installation or at a new site) on or after January 1, 2006, may be so re-installed without attaching an additional manufacturer's warranty seal. However, the installer performing such re-installation must attach an installer's warranty seal at the time of such re-installation.

(k) A manufactured home which was manufactured prior to January 1, 2006 (as shown by the date of manufacture on the HUD data plate affixed to such manufactured home) may be installed or re-installed on or after January 1, 2006 without attaching a manufacturer's warranty seal. However, the installer performing any such installation or re-installation must attach an installer's warranty seal at the time of such installation or re-installation.

(l) The manufacturer shall type or print the name of the manufacturer in the space provided on the manufacturer's warranty seal, and the manufacturer or an authorized representative of the manufacturer shall sign the manufacturer's warranty seal in the space provided, prior to or at the time of installation of the manufacturer's warranty seal. Except as provided in the preceding sentence, no statement, information, or other matter shall be inserted in or otherwise added to a manufacturer's warranty seal, and no statement, information, or other matter shall be crossed-out, obliterated, or otherwise removed from a manufacturer's warranty seal. A manufacturer's warranty seal that does not comply with the requirements of this subdivision shall not be deemed to be a valid manufacturer's warranty seal.

(m) The installer shall check the appropriate box (''new manufactured'' or ''relocated manufactured''), type or print the appropriate information, and type or print the name of the installer and the name of the authorized person signing the installer's warranty seal on behalf of the installer in the spaces provided in the installer's warranty seal, and the installer or an authorized representative of the installer shall sign the installer's warranty seal in the space provided, prior to or at the time of installation of the installer's warranty seal. Except as provided in the preceding sentence, no statement, information, or other matter shall be inserted in or otherwise added to an installer's warranty seal, and no statement, information, or other matter shall be crossed-out, obliterated, or otherwise removed from an installer' s warranty seal. An installer's warranty seal that does not comply with the requirements of this subdivision shall not be deemed to be a valid installer's warranty seal.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 1210.16

Amended New York State Register May 15, 2024/Volume XLVI, Issue 20, eff. 5/15/2024