41-2153

41-2153. Powers and duties of the deputy
director; work by unlicensed person; inspection agreement;
permit

A. The deputy director under the authority and direction of the director shall
administer the provisions of this article and the rules adopted by the board.

B. The deputy director shall:

1. Establish a state inspection and design approval bureau within the office.

2. Enter into reciprocity agreements and compacts with other states or private
organizations which adopt and maintain standards of construction reasonably consistent
with those adopted pursuant to this article upon determining that such standards are
being enforced. The deputy director may void such agreements upon determining such
standards are not being maintained.

3. Authorize affixment of insignia to indicate compliance with the construction and
installation requirements of this article.

4. Enter and inspect or investigate premises at reasonable times, after
presentation of credentials by the deputy director or personnel of the office or under
contract with the office, where units regulated by this article are manufactured, sold or
installed, to determine if any person has violated this article or the rules adopted
pursuant to article 1 of this chapter.

5. Enter into agreements with local enforcement agencies to enforce the
installation standards in their jurisdiction provided the deputy director is monitoring
their performance to be consistent with the installation standards of the office.

6. If an inspection reveals that a mobile home entering this state for sale or
installation is in violation of this chapter, order its use discontinued and the mobile
home or any portion of the mobile home vacated. The order to vacate shall be served on
the person occupying the mobile home and copies of the order shall be posted at or on
each exit of the mobile home. The order to vacate shall include a reasonable period of
time in which the violation can be corrected.

7. If an inspection of a new installation of any mobile home or manufactured home
reveals that the natural gas or electrical connections of the installation do not conform
to the installation standards promulgated pursuant to article 1 of this chapter and the
nonconformance constitutes an immediate danger to life and property, the inhabitants of
the home shall be notified immediately and in their absence a notice citing the
violations shall be posted in a conspicuous location. The deputy director may order that
the public service corporation, municipal corporation or other entity or individual
supplying the service to the unit discontinue such service. If the danger is not
immediate, the deputy director shall allow at least twenty-four hours to correct the
condition before ordering any discontinuation of service.

8. If construction, installation, rebuilding or any other work is performed in
violation of this chapter or any rule adopted pursuant to this chapter, order the work
stopped. The order to stop work shall be served on the person doing the work or on the
person causing the work to be done. The person served with the order shall immediately
cease the work until authorized by the office to continue.

9. Verify written complaints filed with the office by purchasers within one year
from the date of purchase or installation of units. Complaints shall be accepted from
consumers which allege violations by any dealer, broker, salesperson, installer or
manufacturer of this chapter or the rules adopted pursuant to this chapter.

10. Upon verification of a complaint pursuant to paragraph 9 of this subsection,
serve notice to the dealer, broker, salesperson, installer or manufacturer that such
verified complaint shall be satisfied as specified by the office.

C. Any dealer, broker, salesperson, installer or manufacturer licensed by the
office shall respond within thirty days to a notice served pursuant to subsection B,
paragraph 10 of this section. Failure to respond is grounds for disciplinary action
pursuant to section 41-2186.

D. If an inspection or an investigation reveals that any work that is required to
be performed by a licensee was performed by an unlicensed person required to be licensed
pursuant to this chapter, the deputy director, an employee or a person under contract
with the office may cite the unlicensed person. The citation may be issued and served
pursuant to section 13-3903. The action shall be filed in the justice court in the
precinct where the unlicensed activity occurred.

E. The deputy director may enter into agreements with acceptable qualified building
inspection personnel or inspection organizations for enforcement of inspection
requirements provided the deputy director is monitoring their performance to be
consistent with this article, rules adopted pursuant to this article and the established
procedures of the office. If the deputy director determines that the person's or
organization's performance is not consistent with this article, rules adopted pursuant to
this article and the established procedures of the office, the person or organization may
not enforce the contract and the aggrieved person shall be entitled to a refund of the
consideration paid under the agreement.

F. If a mobile or manufactured home or factory-built building is installed without
first obtaining an installation permit, the deputy director shall send a written notice
to the purchaser specifying that a permit is required. If a permit is not obtained
within thirty days of receipt of the written notice, the department shall issue and serve
by personal service or certified mail a citation on the purchaser. Service of the
citation by certified mail is complete after forty-eight hours from the time of deposit
in the mail. On failure of the purchaser to comply with the citation within twenty days
of its receipt, the deputy director shall file an action in the justice court in the
precinct where installation occurred for violation of this subsection.