Subchapter IV. Licensure and Certification

TITLE 24

Professions and Occupations

CHAPTER 44. MANUFACTURED HOME INSTALLATION

Subchapter IV. Licensure and Certification

§ 4431. Licensure requirements; reciprocal licensure.

(a) To obtain a manufactured home installer license, a person must:

(1) Apply to the Board for the license, in a manner designated by the Board;

(2) Pay an application fee established by the Division to offset the administrative costs associated with the functions of
the Board;

(3) Be at least 18 years old;

(4) Provide evidence that the applicant or that applicant's employer has and will maintain a surety bond or irrevocable letter
of credit issued by a federally-insured financial institution, in the form and minimum amount to be determined by the Board
in its rules and regulations, that will cover the cost of repairing all damage to the home and its supports caused by the
installer, or the installer's or employer's employees or agents, during the installation. The Board may require the licensed
installer to provide proof of the surety bond or irrevocable letter of credit at any time. The licensed installer must notify
the Board in writing, within 7 days of any changes or cancellations of the surety bond or irrevocable letter of credit. The
employer must notify the Board of the termination of employment of any licensee who is covered by the employer's surety bond
or irrevocable letter of credit. Entities or individuals who maintain a surety bond or irrevocable letter of credit as provided
in this paragraph are responsible for all acts or omissions of the licensed manufactured home installer and any individual
acting under the supervision of or assisting the installer in the installation of manufactured housing;

(5) Provide evidence that the applicant or that applicant's employer has and will maintain liability insurance in the form
and minimum amount to be determined by the Board in its rules and regulations. The Board may require the licensed installer
to provide proof of liability insurance at any time. The licensed installer must notify the Board in writing, within 7 days
of any changes or cancellations of the liability insurance. The employer must notify the Board of the termination of employment
of any licensee who is covered by the employer's liability insurance. Entities or individuals who maintain liability insurance
as provided in this paragraph are responsible for all acts or omissions of the licensed manufactured home installer and any
individual acting under the supervision of or assisting the installer in the installation of manufactured housing;

(6) Complete the educational requirements established by the Board;

(7) Have passed a licensure test established or adopted by the Board, and presented proof of the same to the Board;

(8) Agree to be responsible for all acts or omissions of any individual acting under the supervision of the applicant while
assisting in the installation of manufactured housing;

(9) Not been have been the recipient of any administrative penalties regarding the applicant's actions as a licensed manufactured
home installer, including but not limited to fines, formal reprimands, license suspensions or revocation (except for license
revocations for nonpayment of license renewal fees), probationary limitations, and and/or has not entered into any "consent
agreement" which contains conditions placed by a Board on the applicant's professional conduct, including any voluntary surrender
of a license. The Board, after a hearing, may determine whether such administrative penalty is grounds to deny licensure;
and

(10) Not have a criminal conviction nor pending criminal charge relating to an offense, the circumstances of which substantially
relate to actions as a licensed manufactured home installer. Applicants who have a criminal conviction or pending criminal
charge shall request appropriate authorities to provide information about the conviction or charge directly to the Board in
sufficient specificity to enable the Board to make a determination whether the conviction or charge is substantially related
to actions as a licensed chemical dependency professional. However, after a hearing or review of documentation demonstrating
that the applicant meets the specified criteria for a waiver, the Board, by an affirmative vote of a majority of the quorum,
may waive this paragraph (a)(10), if it finds all of the following:

a. More than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term
"sentence" includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However,
"sentence" does not include fines, restitution or community service, as long as the applicant is in substantial compliance
with such fines, restitution and community service.

b. The applicant is capable of performing manufactured home installation services in a competent and professional manner.

c. The granting of the waiver will not endanger the public health, safety or welfare.

(b) The Board may waive the education and examination requirements and grant a reciprocal license upon the receipt of an application
and the payment of the fees to any person who presents proof of current licensure, registration, or certification as a manufactured
home installer in any other state, district, or territory of the United States whose laws and regulations governing licensure,
registration, or certification are considered by the Board to be substantially similar to the requirements for licensure set
forth in this chapter and the Board's rules and regulations.

75 Del. Laws, c. 213, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 436, § 48; 77 Del. Laws, c. 169, §§ 8, 9; 77 Del. Laws, c. 199, § 36.;

§ 4432. Certification requirements.

The Board may issue a manufactured home installation inspector's certificate to any full-time, part-time, or casual/seasonal
employee of an authorized inspection agency who has completed a certification course established or approved by the Board.

75 Del. Laws, c. 213, § 1.;

§ 4433. License and certification renewal; inactive licenses; refusal to renew; finality of Board's decision.

(a) All licenses issued pursuant to this chapter shall be renewed biennially. All certificates issued pursuant to this chapter
shall be renewed on a schedule established by the Board.

(b) The Board may establish requirements to grant an inactive status to any licensee upon request.

75 Del. Laws, c. 213, § 1.;