N.Y. Comp. Codes R. & Regs. tit. 19 § 1210.9

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

Section 1210.9 - Separate certifications required

(a) Manufacturers. Any person or business entity owning or operating more than one manufacturing plant that manufactures, delivers, or sells manufactured homes in the State of New York shall be required to obtain a separate certification as a manufacturer for each such manufacturing plant. Such person or business entity will be required to satisfy all standards for certification as a manufacturer for each such certification; provided, however, that such person or business entity shall not be required to file a separate acceptable deposit account control agreement, acceptable letter of credit, or acceptable surety bond for each such certification, and the filing of one acceptable deposit account control agreement evidencing a deposit account having a balance of not less than $50,000, one acceptable letter of credit in the sum of $50,000, or one acceptable surety bond in the principal amount of $50,000 shall be deemed to satisfy the financial responsibility requirements for all manufacturer certifications issued to such person or business entity.

(b) Retailers. Any person or business entity owning or operating more than one retail sales location in the State of New York shall be required to obtain a separate certification as a retailer for each such retail sales location. Such person or business entity will be required to satisfy all standards for certification as a retailer for each such certification; provided, however, that such person or business entity shall not be required to file a separate acceptable deposit account control agreement, acceptable letter of credit, or acceptable surety bond for each such certification, and the filing of one acceptable deposit account control agreement evidencing a deposit account having a balance of not less than $25,000, one acceptable letter of credit in the sum of $25,000, or one acceptable surety bond in the principal amount of $25,000 shall be deemed to satisfy the financial responsibility requirements for all retailer certifications issued to such person or business entity.

(c) Scope.

(1) Certification as a manufacturer shall not constitute certification as a retailer, or installer. No certified manufacturer shall engage in retail selling or offering for sale, brokering, or distribution of manufactured homes, primarily to purchasers who, in good faith, purchase such homes for purposes other than resale, unless such certified manufacturer is also certified as a retailer. No certified manufacturer shall install or set up a manufactured home for a buyer unless such certified manufacturer is also certified as an installer.

(2) Certification as a manufacturer shall constitute certification as a mechanic, but only for the purpose of serving manufactured homes manufactured by such manufacturer. No certified manufacturer shall service any manufactured home manufactured by any other person or entity unless such certified manufacturer is also separately certified as a mechanic.

(d) Certification as a retailer shall not constitute certification as a manufacturer, installer, or mechanic. No certified retailer shall manufacture or produce manufactured homes unless such certified retailer is also certified as a manufacturer. No certified retailer shall install or set up a manufactured home for a buyer unless such certified retailer is also certified as an installer. No certified retailer shall service a manufactured home unless such certified retailer is also certified as a mechanic.

(e) Certification as an installer shall not constitute certification as a manufacturer or retailer. No certified installer shall manufacture or produce manufactured homes unless such certified installer is also certified as a manufacturer. No certified installer shall engage in retail selling or offering for sale, brokering, or distribution of manufactured homes, primarily to purchasers who, in good faith, purchase such homes for purposes other than resale, unless such certified installer is also certified as a retailer. However, certification as an installer (other than certification of an owner-occupant installer pursuant to section 1210.6[h] [Standards for certification as an installer] of this Part) shall constitute certification as an installer and certification as a mechanic, and a certified installer (other than a person holding an owner-occupant installer certificate) shall be permitted to service a manufactured home without obtaining separate certification as a mechanic.

(f) Certification as a mechanic shall not constitute certification as a manufacturer, retailer, or installer. No certified mechanic shall manufacture or produce manufactured homes unless such certified mechanic is also certified as a manufacturer. No certified mechanic shall engage in retail selling or offering for sale, brokering, or distribution of manufactured homes, primarily to purchasers who, in good faith, purchase such homes for purposes other than resale, unless such certified mechanic is also certified as a retailer. No certified mechanic shall install or set up a manufactured home for a buyer unless such certified mechanic is also certified as an installer.

(g) Certification under article 21-B shall not constitute certification or licensure under any other law, and no person or business entity certified under article 21-B shall engage in any activity which requires certification or licensure under any other law unless such person or entity has the certification or license required by such other law. In particular, but not by way of limitation, no person or business entity certified under article 21-B shall engage in any activity for which a real estate broker's license or real estate salesperson's license is required under article 12-A of the Real Property Law unless such person or business entity is licensed as a real estate broker or real estate salesperson, as applicable.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 1210.9