N.Y. Comp. Codes R. & Regs. tit. 19 § 1210.7

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

Section 1210.7 - Standards for certification as a mechanic

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

(1) a person or business entity applying for certification as a mechanic must submit to the Department of State an acceptable deposit account control agreement evidencing a deposit account having a balance of not less than $5,000, an acceptable letter of credit in the sum of $5,000, or an acceptable surety bond in the principal amount of $5,000;

(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 a mechanic 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) A person applying for certification as a mechanic must have at least one year of full-time employment in the business of servicing 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 servicing manufactured homes.

(2) A business entity applying for certification as a mechanic 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 a mechanic; 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 a mechanic (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 a mechanic must be a high school graduate or the equivalent of a high school graduate.

(2) A business entity applying for certification as a mechanic 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 a mechanic; 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 a mechanic (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 a mechanic 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 three hours in such topics related to the servicing 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 judgement 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 a mechanic must employ:

(i) at least one person who has satisfied the initial training requirements set forth in this subdivision and who is certified by the Department of State as an installer or mechanic; 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 or mechanic (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 a mechanic 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 servicing of manufactured homes.

(2) A business entity applying for certification as a mechanic 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 a mechanic; 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 a mechanic (provided, however, 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 a mechanic 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 a manufacturer, installer, and/or mechanic 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 a manufacturer (as applicable), an installer (if applicable), or mechanic (if applicable); 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 a mechanic. 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 a manufacturer, installer, and/or mechanic. Any certification issued to a person pursuant to this subdivision shall identify such person's employer, shall authorize such person to act as a mechanic 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 a manufacturer, installer, and/or mechanic, or if such person ceases to be employed by such employer. For the purposes of this subdivision and in accordance with section 1210.9(c)(2) of this Part, an individual employed by a person who or a business entity which is certified as a manufacturer may only service manufactured homes manufactured by such manufacturer.

(g) Multiple-category certifications. A person or business entity certified as a manufacturer, retailer, or installer may apply for certification as a mechanic 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), or section 1210.6(a) (Standards for certification as an installer) of this Part, as applicable, indicates that such person or business entity is certified as a manufacturer (if applicable), retailer (if applicable), installer (if applicable), and mechanic, 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), all acts and omissions of such person or business entity as an installer (if applicable), and all acts and omissions of such person or business entity as a mechanic. 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 a mechanic.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 1210.7

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