N.Y. Comp. Codes R. & Regs. tit. 19 § 1210.6

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

Section 1210.6 - Standards for certification as an installer

(a) Financial responsibility requirements. Except as otherwise provided in subdivision (f), (g) or (h) of this section:

(1) a person or business entity applying for certification as an installer must submit to the Department of State an acceptable deposit account control agreement evidencing a deposit account having a balance of not less than $10,000, an acceptable letter of credit in the sum of $10,000, or an acceptable surety bond in the principal amount of $10,000;

(2) such acceptable deposit account control agreement, acceptable letter of credit, or acceptable surety bond may be submitted with the application for certification, or within a reasonable time after the applicant receives notification that the application has been approved; provided, however, that the certification shall not be issued until such acceptable deposit account control agreement, acceptable letter of credit, or acceptable surety bond shall have been received by the Department of State; and

(3) a person or business entity certified by the Department of State as an installer must maintain an acceptable deposit account control agreement (and the deposit account evidenced thereby), an acceptable letter of credit, or an acceptable surety bond in full force and effect:

(i) at all times while such certification is in effect;

(ii) at all times while such certification is suspended; and

(iii) at all times following the expiration or revocation of such certification until the expiration of the time during which any homeowner could file a complaint under section 1210.18 (Resolution of disputes) of this Part pertaining to any manufactured home manufactured, sold, installed, or serviced by such certificate holder, and, if any such complaint is filed, until such time such complaint is resolved. For the purpose of this paragraph, a complaint that results in the making of an article 21-B order or article 21-B judgment against the certificate holder shall not be deemed to be resolved until such article 21-B order or article 21-B judgment shall have been satisfied, and a complaint that is resolved at the administrative level in favor of such certificate holder shall not be deemed to be resolved until the time for taking an appeal therefrom shall have expired, with no such appeal having been filed.

(b) Experience requirements.

(1) Except as otherwise provided in subdivision (h) of this section, a person applying for certification as an installer must have:

(i) at least two years of full-time employment in the business of installing manufactured homes in the State of New York, or in a business which in the judgment of the Department of State is substantially similar to the business of installing manufactured homes; or

(ii) substantial involvement in the installation of at least 20 manufactured homes in the State of New York.

(2) A business entity applying for certification as an installer must employ:

(i) at least one person who satisfies the experience requirements set forth in paragraph (1) of this subdivision and who is certified by the Department of State as an installer; or

(ii) at least one person who satisfies the experience requirements set forth in paragraph (1) of this subdivision and who is then applying for certification by the Department of State as an installer (provided that in such case, the denial of such person's application for any reason shall be reason for the denial of the business entity's application).

(c) Education requirements.

(1) A person applying for certification as an installer must be a high school graduate or the equivalent of a high school graduate.

(2) A business entity applying for certification as an installer must employ:

(i) at least one person who satisfies the education requirements set forth in paragraph (1) of this subdivision and who is certified by the Department of State as an installer; or

(ii) at least one person who satisfies the education requirements set forth in paragraph (1) of this subdivision and who is then applying for certification by the Department of State as an installer (provided that in such case, the denial of such person's application for any reason shall be reason for the denial of the business entity's application).

(d) Initial training requirements.

(1) A person applying for certification as an installer must have satisfied the following initial training requirements:

(i) completion of the article 21-B introductory course; and

(ii) completion of additional courses totaling not less than 13 hours in such topics related to the installation of manufactured homes as shall have been approved by the Department of State, the minimum number of class hours to be devoted to each such topic to be as designated by the Department of State; provided, however, that completion of an article 21-B introductory course or any other course intended to satisfy the initial training requirements set forth in this subdivision more than six months prior to application for certification shall not be deemed to satisfy such initial training requirements unless, in the judgment of the Department of State, the topics covered by and the information contained in the course taken by the applicant are substantially similar to the topics covered by and the information contained in the corresponding course offered at the time of such application.

(2) A business entity applying for certification as an installer must employ:

(i) at least one person who has satisfied the initial training requirements set forth in paragraph (1) of this subdivision and who is certified by the Department of State as an installer; or

(ii) at least one person who has satisfied the initial training requirements set forth in paragraph (1) of this subdivision and who is then applying for certification by the Department of State as an installer (provided that in such case, the denial of such person's application for any reason shall be reason for the denial of the business entity's application).

(e) Examination requirement.

(1) Except as otherwise provided in section 1210.8 (Recognition of certification or license issued by another state) of this Part, a person applying for certification as an installer must have passed an examination, approved by the Secretary of State and administered by the Department of State or by an instructional provider that has been approved by the Secretary of State, in the installation of manufactured homes.

(2) A business entity applying for certification as an installer must employ:

(i) at least one person who has passed an examination of the type referred to in paragraph (1) of this subdivision (or who is exempt from the examination requirement by reason of section 1210.8 [Recognition of certification or license issued by another state] of this Part) and who is certified by the Department of State as an installer; or

(ii) at least one person who has passed an examination of the type referred to in paragraph (1) of this subdivision (or who is exempt from the examination requirement by reason of section 1210.8 [Recognition of certification or license issued by another state] of this Part) and who is then applying for certification by the Department of State as an installer (provided that in such case, the denial of such person's application for any reason shall be reason for the denial of the business entity's application).

(f) Limited certificate. A person may apply for certification as an installer without submitting the acceptable deposit account control agreement, acceptable letter of credit, or acceptable surety bond required under subdivision (a) of this section if such person is employed by a person who or a business entity which is certified as an installer, and such employer has provided an acceptable deposit account control agreement, acceptable letter of credit, or acceptable surety bond in connection with such employer's certification as an installer; provided, however, that no certification shall be issued to any person pursuant to this subdivision unless such person satisfies all other standards for certification as an installer. An application filed pursuant to this subdivision shall satisfy the requirements set forth in section 1210.3(e) (Certification) of this Part and, in addition, shall indicate that applicant is applying for a limited certificate pursuant to this subdivision, shall identify the applicant's employer, and shall state that applicant's employer is certified as an installer. Any certification issued to a person pursuant to this subdivision shall identify such person's employer, shall authorize such person to act as an installer only within the scope of his or her employment by such employer, and shall cease to be valid if such employer ceases to be certified as an installer, or if such person ceases to be employed by such employer.

(g) Multiple-category certifications. A person or business entity certified as a manufacturer or retailer may apply for certification as an installer without submitting the acceptable deposit account control agreement, acceptable letter of credit, or acceptable surety bond required under subdivision (a) of this section, provided that the acceptable deposit account control agreement, acceptable letter of credit, or acceptable surety bond provided by such person or business entity pursuant to section 1210.4(b) (Standards for certification as a manufacturer) or section 1210.5(a) (Standards for certification as a retailer) of this Part, as applicable, indicates that such person or business entity is certified as a manufacturer (if applicable), retailer (if applicable), and installer, and applies to all acts or omissions of such person or business entity as a manufacturer (if applicable), all acts and omissions of such person or business entity as a retailer (if applicable), and all acts and omissions of such person or business entity as an installer. No certification as an installer shall be issued to any person or business entity pursuant to this subdivision unless such person or business entity satisfies all other standards for certification as an installer.

(h) Owner-occupant installer certificate. A person who intends to own and occupy a manufactured home may apply for certification as the installer of such manufactured home without submitting the acceptable deposit account control agreement, acceptable letter of credit, or acceptable surety bond required under subdivision (a) of this section and without satisfying the experience requirements set forth in subdivision (b) of this section; provided, however, that no owner-occupant installer certificate shall be issued to any person pursuant to this subdivision unless such person satisfies all other standards for certification as an installer; and provided further that the provisions of section 1210.8 (Recognition of certification or license issued by another state) shall not apply to any person applying for an owner-occupant installer certificate pursuant to this subdivision, and notwithstanding any other provision of this Part to the contrary, no person shall receive an owner-occupant installer certificate unless such person shall have completed the article 21-B introductory course, satisfied all other initial training requirements set forth in paragraph (d)(1) of this section, and satisfied the examination requirement set forth in paragraph (e)(1) of this section. An application filed pursuant to this subdivision shall satisfy the requirements set forth in section 1210.3(e) (Certification) of this Part and, in addition, shall indicate that applicant is applying for an owner-occupant installer certificate pursuant to this subdivision, shall identify the manufactured home that such person intends to install, shall identify the location where such manufactured home is to be installed, and shall include such person's certification that he or she is or intends to be the owner and occupant of such manufactured home. An owner-occupant installer certificate issued to a person pursuant to this subdivision shall identify the manufactured home which such person is authorized to install and the location where such manufactured home is to be installed, shall authorize such person to act as an installer only with respect to the manufactured home which is identified in such owner-occupant installer certificate and which is or is to be owned and occupied by such person, shall authorize such person to install such manufactured home only at the location identified in such owner- occupant installer certificate, and shall not authorize such person to act as a mechanic. An owner- occupant installer certificate issued pursuant to this subdivision shall expire upon the completion of the installation of the manufactured home identified in such owner-occupant installer certificate, or one year after the date of issuance of such owner-occupant installer certificate, whichever is earlier. An owner-occupant installer certificate issued pursuant to this subdivision may not be renewed. A person holding an owner-occupant installer certificate issued pursuant to this subdivision shall not be subject to the continuing education requirements set forth in section 1210.13 (Continuing education requirements) of this Part. A person who receives an owner-occupant installer certificate pursuant to this subdivision shall be permitted to request an installer's warranty seal only for the manufactured home identified in such owner-occupant installer certificate. For the purposes of this subdivision, a person will be deemed to be the owner and occupant of a manufactured home if he or she is, or intends to be, the sole owner and occupant of such manufactured home or a co-owner and co-occupant of such manufactured home.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 1210.6