Duties and powers of commission--manufactured housing fund created,purpose--rules, procedure.
700.040. 1. The commission shall, through its own inspection serviceor through a public or private inspection service acting as its authorizedrepresentative, perform sufficient inspections of manufacturing and dealerpremises and manufactured homes and modular units to ensure that theprovisions of the code are being observed. The commission shall approveany designation of a public or private inspection service as an authorizedrepresentative. The commission shall establish a comprehensive inspectionsystem, including a determination of the extent to which its own inspectorsor authorized representatives are used. The inspections may includeexamination of all books, records, performance and technical data of amanufacturer related to the subject matter of sections 700.010 to 700.115.
2. The commission shall establish reasonable fees for seals orinspection, or both, which are sufficient to cover all costs incurred inthe administration of sections 700.010 to 700.115. Fees for inspectionsmade by private inspection services may be paid directly to the inspectionservice. The commission, upon issuing seals, registration certificates,and plan approvals, and conducting inspections provided for in sections700.010 to 700.115, shall notify the director of revenue, who shall receivethe fees and immediately deposit the same in the state treasury to thecredit of a fund to be known as the "Manufactured Housing Fund". Allsalaries and expenses for the implementation of sections 700.010 to 700.115shall be appropriated and paid from such fund.
3. The provisions of section 33.080, RSMo, to the contrarynotwithstanding, money in this fund shall not be transferred and placed tothe credit of general revenue until the amount in the fund at the end ofthe biennium exceeds two times the amount of the appropriation from thefund for the preceding fiscal year. The amount, if any, in the fund whichshall lapse is that amount in the fund which exceeds the appropriatemultiple of the appropriations from the fund for the preceding year.
4. The commission may appoint such employees within its department asit may deem necessary for the administration of the provisions of sections700.010 to 700.115.
5. The commission may issue and promulgate such rules and regulationsas necessary to make effective the code and the provisions of sections700.010 to 700.115. Any rule or portion of a rule, as that term is definedin section 536.010, RSMo, that is promulgated under the authority delegatedin sections 700.010 to 700.115 shall become effective only if they havebeen promulgated pursuant to the provisions of chapter 536, RSMo. Allrulemaking authority delegated prior to August 28, 1999, is of no force andeffect; however, nothing in this section shall be interpreted to repeal oraffect the validity of any rule filed or adopted prior to August 28, 1999,if it fully complied with the provisions of chapter 536, RSMo. Thissection and chapter 536, RSMo, are nonseverable and if any of the powersvested with the general assembly pursuant to chapter 536, RSMo, to review,to delay the effective date or to disapprove and annul a rule aresubsequently held unconstitutional, then the grant of rulemaking authorityand any rule proposed or adopted after August 28, 1999, shall be invalidand void.
6. The commission may remove seals from any manufactured home ormodular unit made by any manufacturer in violation of the provisions ofsection 700.045.
7. Notwithstanding any other provisions of sections 700.010 to700.115, the commission shall have the authority to enter into any contractor agreement necessary to comply with the statutes and regulations enforcedby and under the authority of the United States Department of Housing andUrban Development relating to manufactured homes and modular housing.
8. The commission may require manufacturers and dealers to filereports with the Secretary of the United States Department of Housing andUrban Development as may be required under the provisions of the NationalManufactured Housing Construction and Safety Standards Act of 1974 (42U.S.C. 5401, et seq.).
Duties and powers of commission--manufactured housing fund created,purpose--rules, procedure.
700.040. 1. The commission shall, through its own inspection serviceor through a public or private inspection service acting as its authorizedrepresentative, perform sufficient inspections of manufacturing and dealerpremises and manufactured homes and modular units to ensure that theprovisions of the code are being observed. The commission shall approveany designation of a public or private inspection service as an authorizedrepresentative. The commission shall establish a comprehensive inspectionsystem, including a determination of the extent to which its own inspectorsor authorized representatives are used. The inspections may includeexamination of all books, records, performance and technical data of amanufacturer related to the subject matter of sections 700.010 to 700.115.
2. The commission shall establish reasonable fees for seals orinspection, or both, which are sufficient to cover all costs incurred inthe administration of sections 700.010 to 700.115. Fees for inspectionsmade by private inspection services may be paid directly to the inspectionservice. The commission, upon issuing seals, registration certificates,and plan approvals, and conducting inspections provided for in sections700.010 to 700.115, shall notify the director of revenue, who shall receivethe fees and immediately deposit the same in the state treasury to thecredit of a fund to be known as the "Manufactured Housing Fund". Allsalaries and expenses for the implementation of sections 700.010 to 700.115shall be appropriated and paid from such fund.
3. The provisions of section 33.080, RSMo, to the contrarynotwithstanding, money in this fund shall not be transferred and placed tothe credit of general revenue until the amount in the fund at the end ofthe biennium exceeds two times the amount of the appropriation from thefund for the preceding fiscal year. The amount, if any, in the fund whichshall lapse is that amount in the fund which exceeds the appropriatemultiple of the appropriations from the fund for the preceding year.
4. The commission may appoint such employees within its department asit may deem necessary for the administration of the provisions of sections700.010 to 700.115.
5. The commission may issue and promulgate such rules and regulationsas necessary to make effective the code and the provisions of sections700.010 to 700.115. Any rule or portion of a rule, as that term is definedin section 536.010, RSMo, that is promulgated under the authority delegatedin sections 700.010 to 700.115 shall become effective only if they havebeen promulgated pursuant to the provisions of chapter 536, RSMo. Allrulemaking authority delegated prior to August 28, 1999, is of no force andeffect; however, nothing in this section shall be interpreted to repeal oraffect the validity of any rule filed or adopted prior to August 28, 1999,if it fully complied with the provisions of chapter 536, RSMo. Thissection and chapter 536, RSMo, are nonseverable and if any of the powersvested with the general assembly pursuant to chapter 536, RSMo, to review,to delay the effective date or to disapprove and annul a rule aresubsequently held unconstitutional, then the grant of rulemaking authorityand any rule proposed or adopted after August 28, 1999, shall be invalidand void.
6. The commission may remove seals from any manufactured home ormodular unit made by any manufacturer in violation of the provisions ofsection 700.045.
7. Notwithstanding any other provisions of sections 700.010 to700.115, the commission shall have the authority to enter into any contractor agreement necessary to comply with the statutes and regulations enforcedby and under the authority of the United States Department of Housing andUrban Development relating to manufactured homes and modular housing.
8. The commission may require manufacturers and dealers to filereports with the Secretary of the United States Department of Housing andUrban Development as may be required under the provisions of the NationalManufactured Housing Construction and Safety Standards Act of 1974 (42U.S.C. 5401, et seq.).
Duties and powers of commission--manufactured housing fund created,purpose--rules, procedure.
700.040. 1. The commission shall, through its own inspection serviceor through a public or private inspection service acting as its authorizedrepresentative, perform sufficient inspections of manufacturing and dealerpremises and manufactured homes and modular units to ensure that theprovisions of the code are being observed. The commission shall approveany designation of a public or private inspection service as an authorizedrepresentative. The commission shall establish a comprehensive inspectionsystem, including a determination of the extent to which its own inspectorsor authorized representatives are used. The inspections may includeexamination of all books, records, performance and technical data of amanufacturer related to the subject matter of sections 700.010 to 700.115.
2. The commission shall establish reasonable fees for seals orinspection, or both, which are sufficient to cover all costs incurred inthe administration of sections 700.010 to 700.115. Fees for inspectionsmade by private inspection services may be paid directly to the inspectionservice. The commission, upon issuing seals, registration certificates,and plan approvals, and conducting inspections provided for in sections700.010 to 700.115, shall notify the director of revenue, who shall receivethe fees and immediately deposit the same in the state treasury to thecredit of a fund to be known as the "Manufactured Housing Fund". Allsalaries and expenses for the implementation of sections 700.010 to 700.115shall be appropriated and paid from such fund.
3. The provisions of section 33.080, RSMo, to the contrarynotwithstanding, money in this fund shall not be transferred and placed tothe credit of general revenue until the amount in the fund at the end ofthe biennium exceeds two times the amount of the appropriation from thefund for the preceding fiscal year. The amount, if any, in the fund whichshall lapse is that amount in the fund which exceeds the appropriatemultiple of the appropriations from the fund for the preceding year.
4. The commission may appoint such employees within its department asit may deem necessary for the administration of the provisions of sections700.010 to 700.115.
5. The commission may issue and promulgate such rules and regulationsas necessary to make effective the code and the provisions of sections700.010 to 700.115. Any rule or portion of a rule, as that term is definedin section 536.010, RSMo, that is promulgated under the authority delegatedin sections 700.010 to 700.115 shall become effective only if they havebeen promulgated pursuant to the provisions of chapter 536, RSMo. Allrulemaking authority delegated prior to August 28, 1999, is of no force andeffect; however, nothing in this section shall be interpreted to repeal oraffect the validity of any rule filed or adopted prior to August 28, 1999,if it fully complied with the provisions of chapter 536, RSMo. Thissection and chapter 536, RSMo, are nonseverable and if any of the powersvested with the general assembly pursuant to chapter 536, RSMo, to review,to delay the effective date or to disapprove and annul a rule aresubsequently held unconstitutional, then the grant of rulemaking authorityand any rule proposed or adopted after August 28, 1999, shall be invalidand void.
6. The commission may remove seals from any manufactured home ormodular unit made by any manufacturer in violation of the provisions ofsection 700.045.
7. Notwithstanding any other provisions of sections 700.010 to700.115, the commission shall have the authority to enter into any contractor agreement necessary to comply with the statutes and regulations enforcedby and under the authority of the United States Department of Housing andUrban Development relating to manufactured homes and modular housing.
8. The commission may require manufacturers and dealers to filereports with the Secretary of the United States Department of Housing andUrban Development as may be required under the provisions of the NationalManufactured Housing Construction and Safety Standards Act of 1974 (42U.S.C. 5401, et seq.).
