[Rev. 3/27/2014 8:26:03 PM]

 

This chapter of NAC has changes which have been adopted but have not been codified; you can see those changes by viewing the following regulation(s) on the Nevada Register of Administrative Regulations: R117-12

[NAC-489 Revised Date: 1-12]

CHAPTER 489 - MOBILE HOMES AND SIMILAR VEHICLES; MANUFACTURED HOMES

GENERAL PROVISIONS

489.010              Definitions.

489.015              “Advertising” defined.

489.020              “Anchoring equipment” defined.

489.025              “Anchoring system” defined.

489.030              “Authorized inspection agency” defined.

489.040              “Branch office” defined.

489.045              “Certificate of installation” defined.

489.050              “Consumer” defined.

489.053              “Department” defined.

489.058              “Factory-built housing” defined.

489.065              “Financial responsibility” defined.

489.070              “Footing” defined.

489.072              “Franchise” defined.

489.073              “Franchisee” defined.

489.074              “Franchisor” defined.

489.075              “Ground anchor” defined.

489.085              “Lease” defined.

489.090              “Listed” defined.

489.092              “Listing agreement” defined.

489.094              “Manufactured building” defined.

489.095              “Mobile home lot” defined.

489.100              “Mobile home park” and “park” defined.

489.105              “New manufactured home dealer” defined.

489.110              “Pier” defined.

489.115              “Purchaser” defined.

489.120              “Reconstruct” defined.

489.125              “Respondent” defined.

489.130              “Sale” defined.

489.135              “Seller” defined.

489.150              “Support system” defined.

489.153              “Technical codes” defined.

489.155              “Tie” defined.

489.165              “Used manufactured home dealer” defined.

489.175              Adoption by reference of certain standards for protection from fire; exception.

489.177              Adoption by reference of certain codes and standards for commercial coaches and accessory structures; modifications.

489.180              Administration and enforcement of chapter.

489.183              Applicability of certain requirements to manufacturer of commercial coaches.

489.185              Certificates and labels of compliance.

489.190              Manufacturer’s certificate or statement of origin.

489.195              Duplicate certificate of ownership.

489.203              Certificate of title, certificate of ownership or real property notice will not be issued for factory-built housing that constitutes real property.

489.205              Determination of compliance.

489.210              Informal hearings.

489.215              Conflict of regulations with federal law or regulation; clarification of regulations.

489.220              Severability.

LICENSING AND OPERATION

489.300              Minimum age for licensing.

489.303              Continuing education: Proof of completion; extension of time.

489.305              Branch offices.

489.307              Operation of main office.

489.310              Determination of experience, financial responsibility and general knowledge of applicant; required documentation; incomplete application.

489.3105            Maintenance and proof of cash on deposit.

489.311              Specialty servicepersons.

489.313              Verification of licensing required before issuance of certificate of installation or matching label.

489.314              License as general serviceperson or specialty serviceperson required for owner or responsible managing employee of certain businesses.

489.320              Licensing of employees: Requirements; license status; surrender of license to Division; administrative penalties.

489.325              Responsible managing employees.

489.327              Issuance of more than one type of license: Expiration of licenses.

489.331              Inactivation of license issued to designated member or corporate officer of business.

489.335              Operation under fictitious name; change of name; change of address.

489.340              Display of license; advertising.

489.341              Sign displayed at established place of business.

489.342              Possession of identification card.

489.347              Renewal of license for dealer, general serviceperson or specialty serviceperson.

489.350              Reapplication after denial or revocation of license.

FEES

489.360              Issuance and renewal of license; late renewal; investigating and hearing complaints.

489.370              Additional fees for original application for license.

489.380              Certificates and labels; inspections; miscellaneous fees.

489.390              Prerequisites for refund.

INSTALLATION OF MANUFACTURED HOMES, MOBILE HOMES AND COMMERCIAL COACHES

489.400              Applicability.

489.405              Certificate of installation and matching label required for occupancy; provision of certificate to purchaser.

489.411              Permit required on job site; application for permit.

489.416              Standards for installation.

ACCESSORY STRUCTURES, ADDITIONS AND ALTERATIONS

489.460              “Attach” defined.

489.470              Attachment of structure: Restrictions; application for approval.

489.475              Attachment of awning or carport: Restrictions.

489.480              Width of landing area of certain steps.

489.486              Construction of certain additions or alteration of certain systems: Restrictions; application for approval.

DEVICES WHICH BURN SOLID FUEL

489.500              “Enforcement agency” defined.

489.505              Applicability.

489.510              Permit required; inspections; failure to comply with requirements.

489.515              Installation.

MISCELLANEOUS PROVISIONS

489.590              Purchase contracts and listing agreements: Form.

489.602              Liens on manufactured homes, mobile homes or commercial coaches: Written acknowledgment of receipt of written notification of sale of manufactured home, mobile home or commercial coach; dealer to maintain written acknowledgments in permanent file.

489.603              Liens on manufactured homes, mobile homes or commercial coaches: Affidavit of sale of manufactured home, mobile home or commercial coach to satisfy lien.

489.605              Duties upon commencement of proceedings pursuant to NRS 461A.140 regarding substandard mobile home.

COURSES OF CONTINUING EDUCATION

489.610              Definitions.

489.614              “Course” defined.

489.618              “Instructor” defined.

489.620              “School” defined.

489.622              “Sponsor” defined.

489.624              Approval of course, instructor and sponsor: Requirements; procedure.

489.626              Application for approval of sponsor, instructor or course: Contents; action by Administrator.

489.628              Prerequisites to approval of instructor.

489.630              Criteria for approval of course.

489.632              Approval of certain courses.

489.634              Contents of course.

489.638              Renewal of approval for instructor, sponsor or course.

489.640              Fees; late application for renewal of approval of sponsor, instructor or course.

489.642              Hearing on denial of application for approval or renewal of approval of sponsor, instructor or course.

489.644              Withdrawal of approval of instructor, sponsor or course.

489.646              Sponsors and instructors: General duties.

489.648              Sponsors and instructors: Offering of course by correspondence or videotape.

489.650              Instructors: Evaluation of course.

489.652              Sponsors: Restriction on employment of person as instructor.

489.654              Prohibition against restriction on enrollment in course offered by organization.

489.656              Contents of advertisement and form for registration of course.

489.658              Contents of materials required for course.

489.660              Certificates of completion: Contents.

489.662              Certificates of completion: Restriction on issuance.

CERTIFICATES OF OWNERSHIP

489.700              Seller to notify Division if certificate of title or certificate of ownership does not pass immediately from seller to buyer.

489.710              Names on certificate of ownership.

489.720              Certificate of ownership held by trustee.

489.730              Document submitted in support of application for certificate of ownership.

SALE OF USED HOMES BY LANDLORD OR MANAGER OF MOBILE HOME PARK

489.750              Definitions.

489.755              “Landlord” defined.

489.760              “Licensee” defined.

489.765              “Manager” defined.

489.770              “Mobile home park” defined.

489.775              Limited resale license: General requirements; change in name or address of mobile home park.

489.780              Limited resale license: Issuance; validity; termination of employment of manager.

489.785              Records of sales: Maintenance; contents; availability.

489.790              Form of purchase contract; statutory liens; implied warranty.

 

GENERAL PROVISIONS

      NAC 489.010  Definitions. (NRS 489.231)  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 489.031 to 489.155, inclusive, and NAC 489.015 to 489.165, inclusive, have the meanings ascribed to them in those sections.

     (Supplied in codification; A by Mfd. Housing Div. by R203-01, 7-18-2002; R192-05, 9-18-2006; R126-08, 12-17-2008)

      NAC 489.015  “Advertising” defined. (NRS 489.231)  “Advertising” means any attempt by publication, dissemination, solicitation or circulation that:

     1.  Offers title to or any interest in a manufactured home, mobile home, commercial coach or travel trailer;

     2.  Causes, directly or indirectly, any person to acquire title to or any interest in a manufactured home, mobile home, commercial coach or travel trailer;

     3.  Solicits repairs or installing service for manufactured homes, mobile homes or commercial coaches;

     4.  Offers a course of continuing education to members of the general public; or

     5.  Causes, directly or indirectly, any person to enroll in or attend a course of continuing education.

     [Mfd. Housing Div., Mobile Homes Reg. § 110 subsec. 1, eff. 12-20-79]—(NAC A 3-26-93; 8-23-95; 11-12-97)

      NAC 489.020  “Anchoring equipment” defined. (NRS 489.231)  “Anchoring equipment” means straps, cables, turnbuckles and chains, including tensioning devices, which are used with ties to secure a manufactured home, mobile home or commercial coach to ground anchors.

     [Mfd. Housing Div., Mobile Homes Reg. § 110 subsec. 2, eff. 12-20-79]—(NAC A 8-23-95)

      NAC 489.025  “Anchoring system” defined. (NRS 489.231)  “Anchoring system” means a combination of ties, anchoring equipment and ground anchors that will, when properly designed and installed, resist overturning or lateral movement of a manufactured home, mobile home or commercial coach from wind.

     [Mfd. Housing Div., Mobile Homes Reg. § 110 subsec. 3, eff. 12-20-79]—(NAC A 8-23-95)

      NAC 489.030  “Authorized inspection agency” defined. (NRS 489.231)  “Authorized inspection agency” means any governing body, other agency or person which has assumed inspection responsibilities for manufactured homes, mobile homes or commercial coaches under agreement with the Division.

     [Mfd. Housing Div., Mobile Homes Reg. § 110 subsec. 4, eff. 12-20-79]—(NAC A 8-23-95)

      NAC 489.040  “Branch office” defined. (NRS 489.231)  “Branch office” means an established place of business of a licensed mobile home or commercial coach dealer, manufacturer, general serviceperson or specialty serviceperson at which he or she conducts business simultaneously with and physically separated from his or her principal established place of business.

     [Mfd. Housing Div., Mobile Homes Reg. § 110 subsec. 6, eff. 12-20-79]—(NAC A by R192-05, 9-18-2006)

      NAC 489.045  “Certificate of installation” defined. (NRS 489.231)  “Certificate of installation” means a certificate issued by the Division which certifies that a manufactured home, mobile home or commercial coach has been installed in compliance with the provisions of this chapter.

     [Mfd. Housing Div., Mobile Homes Reg. § 110 subsec. 7, eff. 12-20-79]—(NAC A 8-23-95)

      NAC 489.050  “Consumer” defined. (NRS 489.231)  “Consumer” means any person who purchases a manufactured home, mobile home or commercial coach for his or her own use and who does not intend to resell it.

     [Mfd. Housing Div., Mobile Homes Reg. § 110 subsec. 8, eff. 12-20-79]—(NAC A 8-23-95)

      NAC 489.053  “Department” defined. (NRS 489.231)  “Department” means the Department of Business and Industry.

     (Added to NAC by Mfd. Housing Div. by R203-01, eff. 7-18-2002)

      NAC 489.058  “Factory-built housing” defined. (NRS 489.231)  “Factory-built housing” has the meaning ascribed to it in NRS 461.080.

     (Added to NAC by Mfd. Housing Div. by R126-08, eff. 12-17-2008)

      NAC 489.065  “Financial responsibility” defined. (NRS 489.231)  “Financial responsibility” means a past and present business record of solvency.

     [Mfd. Housing Div., Mobile Homes Reg. § 110 subsec. 11, eff. 12-20-79]

      NAC 489.070  “Footing” defined. (NRS 489.231)  “Footing” means that portion of the support system which transmits loads directly to the soil.

     [Mfd. Housing Div., Mobile Homes Reg. § 110 subsec. 12, eff. 12-20-79]

      NAC 489.072  “Franchise” defined. (NRS 489.231)  “Franchise” means a written agreement between a franchisor and franchisee which establishes that the franchisee will sell or distribute new or used manufactured homes, mobile homes, manufactured buildings, commercial coaches, factory-built housing or related goods or services under, or operate using, the systems, trademark, service mark, trade name, logo or other commercial symbol of the franchisor.

     (Added to NAC by Mfd. Housing Div. by R126-08, eff. 12-17-2008)

      NAC 489.073  “Franchisee” defined. (NRS 489.231)  “Franchisee” means any natural person or entity that, pursuant to a franchise, sells or distributes new or used manufactured homes, mobile homes, manufactured buildings, commercial coaches, factory-built housing or related goods or services under, or operates using, the systems, trademark, service mark, trade name, logo or other commercial symbol of the franchisor.

     (Added to NAC by Mfd. Housing Div. by R126-08, eff. 12-17-2008)

      NAC 489.074  “Franchisor” defined. (NRS 489.231)  “Franchisor” means any natural person or entity that owns the overall rights to the systems, trademark, service mark, trade name, logo or other commercial symbol of the franchisor and grants a franchise for their use by a franchisee.

     (Added to NAC by Mfd. Housing Div. by R126-08, eff. 12-17-2008)

      NAC 489.075  “Ground anchor” defined. (NRS 489.231)  “Ground anchor” means any device at the stand for the manufactured home, mobile home or commercial coach designed to transfer anchoring loads to the ground.

     [Mfd. Housing Div., Mobile Homes Reg. § 110 subsec. 13, eff. 12-20-79]—(NAC A 8-23-95)

      NAC 489.085  “Lease” defined. (NRS 489.231)  “Lease” means an oral or written contract for use, possession and occupancy of property which includes rent.

     [Mfd. Housing Div., Mobile Homes Reg. § 110 subsec. 16, eff. 12-20-79]

      NAC 489.090  “Listed” defined. (NRS 489.231)  “Listed” means equipment or materials included in a list published by a nationally recognized testing inspection agency or other organization concerned with product evaluation, which periodically inspects the production of equipment or materials, and whose listing states that the equipment or material either meets nationally recognized standards or has been tested and found suitable for use in a specific manner.

     [Mfd. Housing Div., Mobile Homes Reg. § 110 subsec. 15, eff. 12-20-79]

      NAC 489.092  “Listing agreement” defined. (NRS 489.231)  “Listing agreement” means a brokerage agreement between a dealer and a seller. As used in this section, “brokerage agreement” has the meaning ascribed to it in NRS 489.043.

     (Added to NAC by Mfd. Housing Div. by R192-05, eff. 9-18-2006)

      NAC 489.094  “Manufactured building” defined. (NRS 489.231)  “Manufactured building” has the meaning ascribed to it in NRS 461.132.

     (Added to NAC by Mfd. Housing Div. by R126-08, eff. 12-17-2008)

      NAC 489.095  “Mobile home lot” defined. (NRS 489.231)  “Mobile home lot” means a portion of land within a mobile home park which is rented or held out for rent to accommodate a manufactured home or mobile home.

     [Mfd. Housing Div., Mobile Homes Reg. § 110 subsec. 17, eff. 12-20-79]—(NAC A 8-23-95)

      NAC 489.100  “Mobile home park” and “park” defined. (NRS 489.231)  “Mobile home park” or “park” means an area or tract of land where two or more mobile homes or mobile home lots are rented or held out for rent. Mobile home park does not include an area or tract of land where more than half of the lots are rented overnight or for less than 1 month.

     [Mfd. Housing Div., Mobile Homes Reg. § 110 subsec. 18, eff. 12-20-79]

      NAC 489.105  “New manufactured home dealer” defined. (NRS 489.231)  “New manufactured home dealer” means any person who:

     1.  Is licensed under the provisions of this chapter and chapter 489 of NRS;

     2.  Has an authorized franchise, in a form approved by the Division, from a manufacturer to sell new manufactured homes; and

     3.  Is engaged in the business of selling or exchanging new and used manufactured homes, mobile homes, commercial coaches, manufactured buildings or factory-built housing.

     [Mfd. Housing Div., Mobile Homes Reg. § 110 subsec. 19, eff. 12-20-79]—(NAC A 8-23-95; R126-08, 12-17-2008)

      NAC 489.110  “Pier” defined. (NRS 489.231)  “Pier” means that portion of the support system between the footing and the manufactured home, mobile home or commercial coach, exclusive of caps and shims.

     [Mfd. Housing Div., Mobile Homes Reg. § 110 subsec. 20, eff. 12-20-79]—(NAC A 8-23-95)

      NAC 489.115  “Purchaser” defined. (NRS 489.231)  “Purchaser” means any person who acquires or attempts to acquire an interest in any manufactured home, mobile home or commercial coach.

     [Mfd. Housing Div., Mobile Homes Reg. § 110 subsec. 21, eff. 12-20-79]—(NAC A 8-23-95)

      NAC 489.120  “Reconstruct” defined. (NRS 489.231)  “Reconstruct” means to replace a substantial portion of a manufactured home, mobile home or commercial coach, or any major component of it.

     [Mfd. Housing Div., Mobile Homes Reg. § 110 subsec. 22, eff. 12-20-79]—(NAC A 8-23-95)

      NAC 489.125  “Respondent” defined. (NRS 489.231)  “Respondent” means any person against whom the Division has complained in a formal proceeding.

     [Mfd. Housing Div., Mobile Homes Reg. § 110 subsec. 23, eff. 12-20-79]

      NAC 489.130  “Sale” defined. (NRS 489.231)  “Sale” includes any exchange, lease, assignment or other transaction which is designed to convey an interest in a manufactured home, mobile home or commercial coach and is undertaken for profit.

     [Mfd. Housing Div., Mobile Homes Reg. § 110 subsec. 24, eff. 12-20-79]—(NAC A 8-23-95)

      NAC 489.135  “Seller” defined. (NRS 489.231)  “Seller” means any person or his or her agent who conveys any interest in a manufactured home, mobile home, commercial coach or manufactured building or factory-built housing.

     [Mfd. Housing Div., Mobile Homes Reg. § 110 subsec. 25, eff. 12-20-79]—(NAC A 8-23-95; R126-08, 12-17-2008)

      NAC 489.150  “Support system” defined. (NRS 489.231)  “Support system” means a combination of footings, piers, caps and shims that will support the manufactured home, mobile home or commercial coach.

     [Mfd. Housing Div., Mobile Homes Reg. § 110 subsec. 28, eff. 12-20-79]—(NAC A 8-23-95)

      NAC 489.153  “Technical codes” defined. (NRS 489.231)  “Technical codes” means the:

     1.  Codes and standards adopted in NAC 489.175 and 489.177; and

     2.  Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and the regulations adopted pursuant thereto.

     (Added to NAC by Mfd. Housing Div. by R192-05, eff. 9-18-2006)

      NAC 489.155  “Tie” defined. (NRS 489.231)  “Tie” means a strap, cable or securing device used to connect the manufactured home, mobile home or commercial coach to ground anchors.

     [Mfd. Housing Div., Mobile Homes Reg. § 110 subsec. 29, eff. 12-20-79]—(NAC A 8-23-95)

      NAC 489.165  “Used manufactured home dealer” defined. (NRS 489.231)  “Used manufactured home dealer” means any person who is:

     1.  Engaged in the business of purchasing or exchanging used manufactured homes, mobile homes or commercial coaches for the purpose of resale;

     2.  Acting as an agent between a seller and a purchaser of a manufactured home, mobile home or commercial coach; or

     3.  Licensed as a used manufactured home dealer pursuant to this chapter and chapter 489 of NRS.

     [Mfd. Housing Div., Mobile Homes Reg. § 110 subsec. 31, eff. 12-20-79]—(NAC A 8-23-95)

      NAC 489.175  Adoption by reference of certain standards for protection from fire; exception. (NRS 489.231, 489.241)  The Administrator hereby adopts by reference the National Fire Protection Association Standards 501-B (1977) for mobile homes, except where those standards conflict with federal mobile home safety and construction standards. These standards may be purchased for $3.75 each from the National Fire Protection Association, 11 Tracy Drive, Avon, Massachusetts 02322.

     [Mfd. Housing Div., Mobile Homes Reg. § 115, eff. 12-20-79]—(NAC A 8-23-95; R192-05, 9-18-2006)

      NAC 489.177  Adoption by reference of certain codes and standards for commercial coaches and accessory structures; modifications. (NRS 489.231, 489.241, 489.261)  The Administrator hereby adopts by reference the following codes and standards for commercial coaches and accessory structures:

     1.  The International Building Code, 2006 edition, published by the International Code Council, with the following modifications:

     (a) Any reference to the International Plumbing Code shall be deemed a reference to the Uniform Plumbing Code, 2006 edition;

     (b) Any reference to the International Electrical Code shall be deemed a reference to the National Electrical Code, 2005 edition;

     (c) Any reference to the International Mechanical Code shall be deemed a reference to the Uniform Mechanical Code, 2006 edition;

     (d) The definition of “manufactured home” set forth in section G201.2 of Appendix G is deleted and replaced with “has the meaning ascribed to it in NRS 489.113”; and

     (e) Section G501 of Appendix G is deleted.

Ê The International Building Code, 2006 edition, may be obtained from the International Code Council by mail at 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5771, or at the Internet address http://www.iccsafe.org. The price is $78.75 for members and $105.00 for nonmembers.

     2.  The Uniform Plumbing Code, 2006 edition, published by the International Association of Plumbing and Mechanical Officials. This code may be obtained from the International Association of Plumbing and Mechanical Officials by mail at 5001 East Philadelphia Street, Ontario, California 91761-2816, or at the Internet address http://www.iapmo.org. The price is $74 for members and $93 for nonmembers.

     3.  The Uniform Mechanical Code, 2006 edition, published by the International Association of Plumbing and Mechanical Officials. This code may be obtained from the International Association of Plumbing and Mechanical Officials by mail at 5001 East Philadelphia Street, Ontario, California 91761-2816, or at the Internet address http://www.iapmo.org. The price is $74 for members and $93 for nonmembers.

     4.  The National Electrical Code, 2005 edition, published by the National Fire Protection Association. This code may be obtained from the National Fire Protection Association by mail at 1 Batterymarch Park, Quincy, Massachusetts 02169-7471, or at the Internet address http://www.nfpa.org. The price is $67.50 for members and $75.00 for nonmembers.

     5.  The NFPA 101: Life Safety Code, 2006 edition, published by the National Fire Protection Association. The code may be obtained from the National Fire Protection Association by mail at 1 Batterymarch Park, Quincy, Massachusetts 02169-7471, or at the Internet address http://www.nfpa.org. The price is $67.50 for members and $75.00 for nonmembers.

     6.  The International Energy Conservation Code, 2006 edition, published by the International Code Council. This code may be obtained from the International Code Council by mail at 4051 West Flossmoor Road, Country Club Hills, Illinois 60478-5771, or at the Internet address http://www.iccsafe.org. The price is $25.00 for members and $32.50 for nonmembers.

     (Added to NAC by Mfd. Housing Div. by R192-05, eff. 9-18-2006; A by R126-08, 12-17-2008)

      NAC 489.180  Administration and enforcement of chapter. (NRS 489.231, 489.241)

     1.  The Division will administer and enforce the provisions of chapter 489 of NRS and the regulations adopted pursuant thereto, the Manufactured Home Construction and Safety Standards, 24 C.F.R. Part 3280, and the Manufactured Home Procedural and Enforcement Regulations, 24 C.F.R. Part 3282, of the United States Department of Housing and Urban Development.

     2.  Each manufacturer, distributor and dealer of manufactured homes shall establish and maintain the records, make the reports and provide the information required by the Department of Housing and Urban Development to enable that Department to determine whether the manufacturer, distributor or dealer has complied with the National Manufactured Home Construction and Safety Standards Act of 1974, 42 U.S.C. §§ 5401 et seq., this chapter and chapter 489 of NRS.

     3.  Standards for continuous foundations and underground services are the responsibility of local governmental units. Any local governmental unit which discovers a violation of this chapter shall report the violation to the Division.

     4.  Every manufactured home or mobile home manufactured after June 15, 1976, which is sold or offered for sale in this State must bear a label of compliance issued by the United States Department of Housing and Urban Development.

     5.  Every manufactured home, mobile home and commercial coach which is reconstructed in this State must be certified by the Division or by a licensed engineer that it is reconstructed in compliance with the standards or their equivalent applicable at the time of original manufacture.

     [Mfd. Housing Div., Mobile Homes Reg. § 120, eff. 12-20-79]—(NAC A 8-23-95; R126-08, 12-17-2008)

      NAC 489.183  Applicability of certain requirements to manufacturer of commercial coaches. (NRS 489.231, 489.241)  For the purposes of obtaining the approval of the Administrator for a system of construction or a plan for a model of a commercial coach, a manufacturer of commercial coaches shall be deemed a manufacturer of manufactured buildings subject to the requirements set forth in NAC 461.050, 461.100 to 461.120, inclusive, 461.130 to 461.200, inclusive, 461.207 and 461.300 to 461.380, inclusive.

     (Added to NAC by Mfd. Housing Div. by R192-05, eff. 9-18-2006)

      NAC 489.185  Certificates and labels of compliance. (NRS 489.231, 489.241)

     1.  The Division will issue labels of compliance to manufacturers of commercial coaches if:

     (a) The Division has approved plans and specifications;

     (b) The Division has inspected the manufacturing plant to approve the quality control of its construction and the qualifications of its key personnel; and

     (c) The manufacturing plant has employed an independent firm to certify compliance with all applicable construction standards.

     2.  The manufacturer shall apply for labels of compliance upon the form supplied by the Division.

     3.  The Division will issue a certificate of compliance to the owner of a used commercial coach and attach a label of compliance to such a commercial coach if:

     (a) The certificate of compliance or label of compliance is missing;

     (b) The commercial coach complies with the:

          (1) Codes and standards adopted by the Division in NAC 489.177; and

          (2) Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq., and the regulations adopted pursuant thereto; and

     (c) Any reconstruction or alteration of the commercial coach has been completed and approved by the Division.

     [Mfd. Housing Div., Mobile Homes Reg. §§ 400 & 405, eff. 12-20-79]—(NAC A 8-23-95; R192-05, 9-18-2006)

      NAC 489.190  Manufacturer’s certificate or statement of origin. (NRS 489.231, 489.501)

     1.  When a new manufactured home or commercial coach is sold in this State, the seller shall complete and submit to the Division along with the dealer report of sale, a manufacturer’s certificate or statement of origin.

     2.  If, in connection with the sale, any security interest is taken or retained, the name and address of the secured party or his or her assignee must be entered on the manufacturer’s certificate or statement of origin.

     3.  The seller shall submit the manufacturer’s certificate or statement of origin to the Division within 30 days after the execution of all instruments required to be executed at the time of sale or within 30 days after the date of sale, whichever is later, unless an extension of time is granted by the Division.

     [Mfd. Housing Div., Mobile Homes Reg. § 700, eff. 12-20-79]—(NAC A 8-23-95)

      NAC 489.195  Duplicate certificate of ownership. (NRS 489.231, 489.541)

     1.  A waiting period of 30 days from the date of issuance of the original certificate of ownership is required before a duplicate certificate of ownership may be issued.

     2.  The person who is listed in the division files as legal owner shall submit a notarized application for a duplicate certificate of ownership. If the application is accompanied by an affidavit showing a satisfaction of the lien, the signature of the recorded owners will be accepted.

     3.  If the owner is a resident of another state at the time of application, a verification will be required from that state that the Nevada certificate of ownership has not been surrendered for titling in that state.

     4.  If a duplicate certificate of ownership is lost or destroyed, there is a 6-month waiting period before another duplicate certificate may be issued. The Division may waive the waiting period if there are extenuating circumstances. In such a case an affidavit must be submitted guaranteeing the return of the lost certificate of ownership.

     [Mfd. Housing Div., Mobile Homes Reg. § 735, eff. 12-20-79]

      NAC 489.203  Certificate of title, certificate of ownership or real property notice will not be issued for factory-built housing that constitutes real property. (NRS 489.231)

     1.  The Division will not issue a certificate of title, certificate of ownership or real property notice for factory-built housing that constitutes real property pursuant to subsection 4 of NRS 361.244.

     2.  As used in this section, “real property notice” means a document issued by the Division as verification to a county assessor that a mobile or manufactured home has been converted from personal property to real property pursuant to NRS 361.244.

     (Added to NAC by Mfd. Housing Div. by R126-08, eff. 12-17-2008)

      NAC 489.205  Determination of compliance. (NRS 489.231, 489.431)

     1.  The Division will conduct routine office surveys, audits and inspections to determine whether licensees are complying with the provisions of this chapter and chapter 489 of NRS.

     2.  All business records and accounts of a licensee are subject to inspection and audit by the Division or its authorized representatives. Upon demand, a licensee shall provide the Division with all business records, accounts and permission necessary to complete an inspection and audit, including that necessary to inspect and audit funds in any bank or depository.

     3.  When a complaint is made to the Division the scope of the investigation is not limited to the matters set forth in the complaint but may extend to any act which appears to violate the provisions of this chapter, chapter 489 of NRS or federal laws or regulations.

     4.  If the Division determines that there is not sufficient evidence to make a prima facie case, it may dismiss the matter without prejudice at any stage of the investigation or proceeding.

     5.  If the Division is satisfied, after an investigation initiated by a complaint or on its own initiative, that there is sufficient evidence to make a prima facie case, the Division may commence a formal proceeding.

     [Mfd. Housing Div., Mobile Homes Reg. § 500, eff. 12-20-79]

      NAC 489.210  Informal hearings. (NRS 489.231)

     1.  The Division may schedule an informal hearing on a possible violation if the Division determines that the matter does not require a formal hearing. An informal hearing will be instituted by a concise written statement, which includes the facts necessary to understand the possible violation and a statement of the relief desired by the Division, if appropriate.

     2.  An informal hearing will be held at a time and place prescribed by the Division. Attendance at an informal hearing is voluntary. Parties may be represented by counsel.

     3.  The Division may require that an audiotape recording be made of an informal hearing. Any other party may use an audiotape recorder during an informal hearing.

     4.  The holding of an informal hearing does not prejudice the right of the Division to institute a formal hearing on the subject. Any matter discussed or material presented in an informal hearing may be used in a subsequent formal hearing. The Division will inform all parties at the commencement of an informal hearing that such materials and discussion may be so used.

     [Mfd. Housing Div., Mobile Homes Reg. § 505, eff. 12-20-79]

      NAC 489.215  Conflict of regulations with federal law or regulation; clarification of regulations. (NRS 489.231, 489.241)

     1.  If any provision of this chapter is in conflict with any federal law or regulation, then the applicable federal law or regulation is effective and enforceable under this chapter.

     2.  Clarification of the provisions of this chapter or relief from the strict application of any of their terms may be obtained by submitting a written request to the Administrator, Manufactured Housing Division, 2501 East Sahara Avenue, Suite 204, Las Vegas, Nevada 89104.

     [Mfd. Housing Div., Mobile Homes Reg. part § 105, eff. 12-20-79]—(NAC A by R126-08, 12-17-2008)

      NAC 489.220  Severability. (NRS 489.231)  If any of the provisions of this chapter or any application thereof to any person, thing or circumstance is held invalid, it is intended that such invalidity not affect the remaining provisions or application that can be given effect without the invalid provision or application.

     [Mfd. Housing Div., Mobile Homes Reg. part § 105, eff. 12-20-79]

LICENSING AND OPERATION

      NAC 489.300  Minimum age for licensing. (NRS 489.231)  The Division will not issue a license to a person who is less than 18 years of age.

     [Mfd. Housing Div., Mobile Homes Reg. § 300 subsecs. 1 & 2, eff. 12-20-79]—(NAC A by R192-05, 9-18-2006)

      NAC 489.303  Continuing education: Proof of completion; extension of time. (NRS 489.231, 489.285, 489.323)

     1.  A person who wishes to renew or reinstate a general serviceperson’s or specialty serviceperson’s license issued by the Division pursuant to chapter 489 of NRS must provide the Division with proof that he or she has completed the required number of hours of continuing education as set forth in NRS 489.323.

     2.  The holder of a general serviceperson’s or specialty serviceperson’s license issued by the Division pursuant to chapter 489 of NRS may submit a written petition to the Administrator for an extension of time in which to comply with the requirements for continuing education. The Administrator may grant an extension if he or she finds that the holder of the license has a severe hardship resulting from circumstances beyond the holder’s control which have prevented him or her from complying with the requirements.

     (Added to NAC by Mfd. Housing Div., eff. 3-26-93; A 11-12-97; R192-05, 9-18-2006)

      NAC 489.305  Branch offices. (NRS 489.231, 489.305)

     1.  The Division may require as a condition of licensing any information it deems necessary for each location where a manufactured home or commercial coach dealer, manufacturer, general serviceperson or specialty serviceperson maintains a branch office. Upon receiving sufficient information, the Division will issue a license for the branch office.

     2.  The mere listing of manufactured homes, mobile homes or commercial coaches for sale does not constitute a branch office, but the use of a mobile home park or estate sales office by a licensee for the sale or offering for sale of manufactured homes or mobile homes does constitute the maintenance of a branch office.

     3.  Except as provided in this subsection, the licensee is responsible for the operation of the branch office in accordance with the provisions of this chapter and chapter 489 of NRS.

     4.  If it is not feasible for a licensee to exercise direct supervision over a branch office, it must be managed by a corporate officer, partner or responsible managing employee.

     5.  A responsible managing employee of a branch office may not manage more than one branch office.

     6.  All branch office records required to be kept by this chapter and chapter 489 of NRS must be kept at that branch office or the main office of the licensee.

     7.  A branch office is not required to have a trust account separate from the trust account of the main office. If a separate account is maintained, the required signatures are those of the responsible managing employee of the branch office and the dealer to whom the main office license is issued.

     [Mfd. Housing Div., Mobile Homes Reg. § 600, eff. 12-20-79]—(NAC A 8-23-95; R192-05, 9-18-2006)

      NAC 489.307  Operation of main office. (NRS 489.231)

     1.  Except as otherwise provided in subsection 2, a dealer, general serviceperson or specialty serviceperson is responsible for the operation of the main office of the licensee’s business in accordance with the provisions of this chapter and chapter 489 of NRS.

     2.  If it is not feasible for a dealer, general serviceperson or specialty serviceperson to exercise direct supervision over the main office, it must be managed by a corporate officer, partner or responsible managing employee.

     (Added to NAC by Mfd. Housing Div., eff. 11-12-97; A by R192-05, 9-18-2006)

      NAC 489.310  Determination of experience, financial responsibility and general knowledge of applicant; required documentation; incomplete application. (NRS 489.231, 489.321)

     1.  The Division may require an applicant for a license as a dealer, manufacturer, general serviceperson or specialty serviceperson to show such a degree of experience, financial responsibility and such general knowledge of this chapter, chapter 489 of NRS, federal construction and safety standards relating to manufactured homes, the safety, health, finance and lien laws of this State and the rudimentary principles of the business for which the applicant wishes to obtain a license as the Division deems necessary for the safety and protection of the public.

     2.  An applicant may demonstrate his or her experience and knowledge by submitting to the Division:

     (a) Evidence of his or her prior employment or other experience in the occupation for which the applicant wishes to obtain a license; or

     (b) Proof that he or she has completed not less than 30 semester hours in courses of study which are approved by the Division.

     3.  An applicant must submit to the Division:

     (a) A copy of the federal income tax return filed by the applicant for the preceding calendar year; and

     (b) Such other proof as the Division deems necessary to show the applicant’s financial responsibility.

     4.  If the applicant is a corporation, its financial responsibility must be established independently of the assets of its officers, directors or stockholders, but the Division may inquire into and consider the personal assets of the officers, directors or stockholders in determining the financial responsibility of the corporation.

     5.  An applicant shall be deemed to be financially responsible if the Division determines that the applicant has, at the time the Division makes the determination, sufficient assets or income to operate his or her business for not less than 120 days.

     6.  The Division will determine financial responsibility according to the following criteria:

     (a) Net worth;

     (b) Liquid assets;

     (c) Payment and credit records;

     (d) Business experience;

     (e) Prior and current liens;

     (f) Prior and pending lawsuits;

     (g) Adverse judgments;

     (h) Prior suspension or revocation of a license in this State or elsewhere for financial insolvency;

     (i) Any adjudication under bankruptcy law, including a composition, arrangement or reorganization;

     (j) Any appointment of a receiver for the property of the applicant or licensee or any officer, director, associate or partner thereof under the laws of this State or of the United States;

     (k) Any making of a prohibited assignment for the benefit of creditors;

     (l) Form of business organization;

     (m) Information obtained from confidential financial references and credit reports; and

     (n) Reputation for honesty and integrity of the applicant or licensee or any officer, director, associate or partner.

     7.  An applicant for a new manufactured home or commercial coach dealer’s license must show proof that the applicant has not less than $50,000 in cash on deposit in an operating account of the business in a Nevada financial institution before the Division will issue a license.

     8.  An applicant for a used manufactured home or commercial coach dealer’s license must show proof that the applicant has not less than $25,000 in cash on deposit in an operating account of the business in a Nevada financial institution before the Division will issue a license.

     9.  An applicant for a new manufactured home dealer’s license, including a franchise dealership, must submit a letter of credit from a financial institution or a provider of inventory financing showing that the applicant will be granted a specified amount of credit of not less than $200,000 from that institution for the flooring of manufactured homes, commercial coaches, manufactured buildings or factory-built housing. This requirement does not apply to a dealership owned by a licensed manufacturer.

     10.  An applicant for an initial license must submit to the Division a copy of any similar license issued by another state.

     11.  A partnership, limited partnership, limited-liability partnership, limited-liability limited partnership or limited-liability company or a corporation, whether or not for profit, that applies for a dealer’s, general serviceperson’s or specialty serviceperson’s license must file a certified or verified copy of its partnership agreement, articles of organization or articles of incorporation with the Division.

     12.  If an applicant submits an incomplete application:

     (a) The Division will notify the applicant of the deficiencies in the application.

     (b) Except as otherwise provided in paragraph (c), the Division will deny the application unless the applicant corrects the deficiencies within 15 days after receiving the notice.

     (c) The Division may grant an extension of time to correct the deficiencies in the application if the applicant requests such an extension in writing within the 15-day period.

     [Mfd. Housing Div., Mobile Homes Reg. § 300 subsec. 3 + § 305, eff. 12-20-79]—(NAC A 8-23-95; 11-12-97; R192-05, 9-18-2006; R126-08, 12-17-2008)

      NAC 489.3105  Maintenance and proof of cash on deposit. (NRS 489.231)  A person that holds a new manufactured home or commercial coach dealer’s license or a used manufactured home or commercial coach dealer’s license must:

     1.  Maintain the same amount of cash on deposit in a Nevada financial institution as required for issuance of an initial license pursuant to NAC 489.310; and

     2.  Provide proof of the deposit to the Division upon request.

     (Added to NAC by Mfd. Housing Div. by R192-05, eff. 9-18-2006)

      NAC 489.311  Specialty servicepersons. (NRS 489.231, 489.325)  An applicant for a specialty serviceperson’s license pursuant to NRS 489.325 must submit to the Division:

     1.  An application on a form provided by the Division; and

     2.  Proof that the applicant holds a license issued by the State Contractors’ Board which indicates proficiency in the category of license for which he or she is applying to the Division.

     (Added to NAC by Mfd. Housing Div., eff. 8-23-95; A by R192-05, 9-18-2006)

      NAC 489.313  Verification of licensing required before issuance of certificate of installation or matching label. (NRS 489.231, 489.591)  An authorized inspection agency shall not issue a certificate of installation or matching label required by NAC 489.405 without verifying that the installation work being inspected was done by a person licensed pursuant to the provisions of chapter 489 of NRS.

     (Added to NAC by Mfd. Housing Div., eff. 3-26-93)

      NAC 489.314  License as general serviceperson or specialty serviceperson required for owner or responsible managing employee of certain businesses. (NRS 489.231, 489.311, 489.325, 489.341)  An owner or responsible managing employee of a business must be licensed as a general serviceperson or specialty serviceperson if the business:

     1.  Installs any manufactured home, mobile home, commercial coach, manufactured building or factory-built housing; or

     2.  Performs work on any manufactured home, mobile home, commercial coach, manufactured building or factory-built housing in one or more of the following categories:

     (a) Installation or repair of:

          (1) Awnings, roofing or skirting;

          (2) Plumbing;

          (3) Heating or air-conditioning systems; or

          (4) Electrical systems;

     (b) Preparation for transport;

     (c) Reconstruction, by alteration, addition or substitution, of substantial or essential parts; or

     (d) Any other category of work that may be performed by a person who holds a license issued by the State Contractors’ Board.

     (Added to NAC by Mfd. Housing Div., eff. 8-23-95; A by R192-05, 9-18-2006; R126-08, 12-17-2008)

      NAC 489.320  Licensing of employees: Requirements; license status; surrender of license to Division; administrative penalties. (NRS 489.231, 489.341)

     1.  Any person employed by a dealer to act or exercise authority in connection with the dealer’s business must be licensed as a salesperson to:

     (a) List manufactured homes, mobile homes or commercial coaches for sale.

     (b) Close the sale of a manufactured home, mobile home or commercial coach, including the signing of the sales contract.

     2.  A licensee may not employ a person who is required to be licensed under chapter 489 of NRS unless that person is so licensed.

     3.  If a manufactured home or commercial coach dealer fails to maintain or renew his or her license, the licenses of all salespersons whom he or she employs will be placed on inactive status immediately until the dealer reinstates or renews his or her license or an application for transferring the salesperson’s license is made and the required fees are paid.

     4.  If the license of a manufactured home or commercial coach dealer is not renewed, or is suspended or revoked, the licensee shall deliver immediately to the Division all of the licenses issued to his or her salespersons. In such a case, a salesperson may, by applying and paying the required fee, transfer to the employment of another dealer.

     5.  A manufactured home or commercial coach dealer shall notify the Division within 5 business days after the date of the termination or separation of employment of an employee and surrender all licenses of the employee to the Division. Failure to comply with this subsection may result in disciplinary action and the imposition of an administrative fine pursuant to NRS 489.381.

     [Mfd. Housing Div. Mobile Homes Reg. § 300 subsecs. 7, 8 & 12-14, eff. 12-20-79]—(NAC A 8-23-95; 11-12-97; R192-05, 9-18-2006; R126-08, 12-17-2008)

      NAC 489.325  Responsible managing employees. (NRS 489.231, 489.341)

     1.  Any person who applies, pursuant to NRS 489.341, for a license to act as a responsible managing employee for a licensed dealer, general serviceperson or specialty serviceperson must submit his or her application for a license upon the form supplied by the Division.

     2.  If the application is approved, the Division will issue to the applicant a license containing the applicant’s name and the address and name of the licensed dealer, general serviceperson or specialty serviceperson employing him or her.

     3.  If a licensed dealer, general serviceperson or specialty serviceperson fails to maintain or renew his or her license, the licenses of all his or her responsible managing employees are automatically placed on inactive status until the license of the dealer, general serviceperson or specialty serviceperson is reinstated or renewed or the responsible managing employee’s license is transferred to the employment of another dealer, general serviceperson or specialty serviceperson.

     [Mfd. Housing Div., Mobile Homes Reg. § 315, eff. 12-20-79]—(NAC A 8-23-95; 11-12-97; R192-05, 9-18-2006)

      NAC 489.327  Issuance of more than one type of license: Expiration of licenses. (NRS 489.231, 489.321, 489.341)  If a licensee holds or applies for and is issued more than one type of license, each license will expire 2 years after the date of issuance of the license. Thereafter, each license must be renewed every 2 years.

     (Added to NAC by Mfd. Housing Div., eff. 9-12-85; A 8-23-95; R126-08, 12-17-2008)

      NAC 489.331  Inactivation of license issued to designated member or corporate officer of business. (NRS 489.231, 489.343)

     1.  A license issued to a designated member or corporate officer of a business pursuant to NRS 489.343 on behalf of the business becomes inactive immediately if the member or officer:

     (a) Is disabled from engaging in the business; or

     (b) Ceases to be engaged in or connected with the business.

     2.  The business may continue to operate pursuant to the inactive license if the business:

     (a) Notifies the Division that its license has become inactive; and

     (b) Designates another member or officer who submits an application for a license on behalf of the business.

Ê Except as otherwise provided in subsection 3, the business must submit the notice within 5 business days after the license becomes inactive. If the application for a license on behalf of the business is not submitted within 15 days after the license becomes inactive, the business shall cease to operate until such an application has been submitted and approved by the Division.

     3.  The Division may grant an extension of time to comply with subsection 2 if the business requests an extension in writing within the 5-day period.

     4.  If a business dissolves or fails to designate a new member or corporate officer within the period allowed pursuant to this section, the business shall return to the Division all licenses issued to the business by the Division.

     5.  As used in this section, “business” means a partnership, limited partnership, limited-liability partnership, limited-liability limited partnership or limited-liability company or a corporation, whether or not for profit, doing business as a manufacturer, dealer, general serviceperson or specialty serviceperson in this State.

     (Added to NAC by Mfd. Housing Div. by R192-05, eff. 9-18-2006; A by R126-08, 12-17-2008)

      NAC 489.335  Operation under fictitious name; change of name; change of address. (NRS 489.231)

     1.  A licensee may not operate under a fictitious name unless the licensee files with the Division a certified copy of the certificate issued by the county clerk showing compliance with chapter 602 of NRS.

     2.  Only one license will be issued under one name within the State. Separate licenses will not be issued under names which are confusingly similar.

     3.  If the business name of a licensee is changed, a certified copy of the amendments to its articles of incorporation or partnership agreement, or of the new certificate of fictitious name, must be forwarded to the Division within 10 days after filing or execution. The changed business name cannot be used or advertised until a new license has been issued.

     4.  If a licensee changes the address of his or her business, the licensee shall submit to the Division a copy of the business license issued by the local government in which the business is located not more than 10 days after the local government issues the license. The business license must indicate the new address of the business.

     [Mfd. Housing Div., Mobile Homes Reg. § 300 subsecs. 4-6, eff. 12-20-79]—(NAC A 8-23-95)

      NAC 489.340  Display of license; advertising. (NRS 489.231)

     1.  Each licensee shall display his or her license in a conspicuous place on the premises.

     2.  All advertising by a licensee must include the name of the licensee, or the name under which the licensee is doing business, as set forth in his or her license.

     [Mfd. Housing Div., Mobile Homes Reg. § 300 subsec. 9, eff. 12-20-79]—(NAC A by R192-05, 9-18-2006)

      NAC 489.341  Sign displayed at established place of business. (NRS 489.231, 489.756)

     1.  If a licensee is required, pursuant to NRS 489.756, to display a sign at his or her established place of business, the sign must:

     (a) If the licensee’s place of business is located in a commercial building, be displayed on the directory of businesses located in the building or on the exterior of the entrance to the business; or

     (b) If displayed on the outside of a building, be readable from the public sidewalk, street or highway nearest to the building.

     2.  A licensee shall provide a photograph of his or her sign to the Division upon request.

     3.  The provisions of this section and NRS 489.756 do not apply to a person licensed as a salesperson or responsible managing employee.

     (Added to NAC by Mfd. Housing Div. by R192-05, eff. 9-18-2006)

      NAC 489.342  Possession of identification card. (NRS 489.231)  A person licensed pursuant to the provisions of chapter 489 of NRS who reconstructs, services or installs manufactured homes, mobile homes or commercial coaches shall carry upon his or her person, during working hours, the identification card issued to the person by the Division.

     (Added to NAC by Mfd. Housing Div., eff. 3-26-93; A by R126-08, 12-17-2008)

      NAC 489.347  Renewal of license for dealer, general serviceperson or specialty serviceperson. (NRS 489.231, 489.321, 489.323)  An applicant for the renewal of the dealer’s, general serviceperson’s or specialty serviceperson’s license issued to the applicant by the Division pursuant to chapter 489 of NRS must submit to the Division with his or her application for renewal:

     1.  The fee required pursuant to NAC 489.360;

     2.  Complete copies of bank statements for:

     (a) The operating account of the licensee for the immediately preceding 6 months; and

     (b) The trust account of the licensee for the immediately preceding 6 months if the licensee is a dealer;

     3.  A copy of the current business license issued for the licensee’s business by the county, city or town in which the licensee’s business is located; and

     4.  Any other proof requested in writing by the Division pursuant to NRS 489.321 or 489.323.

     (Added to NAC by Mfd. Housing Div., eff. 11-12-97; A by R192-05, 9-18-2006; R126-08, 12-17-2008)

      NAC 489.350  Reapplication after denial or revocation of license. (NRS 489.231)  Any person who is denied a license or has had a license revoked may not apply for a new license until 12 months from date of denial or revocation.

     [Mfd. Housing Div., Mobile Homes Reg. § 300 subsec. 10, eff. 12-20-79]

FEES

      NAC 489.360  Issuance and renewal of license; late renewal; investigating and hearing complaints. (NRS 489.231, 489.481)

     1.  The Division will charge the following fees for the issuance and renewal of a license:

     (a) Biennially, for a license as a dealer of manufactured homes, mobile homes, commercial coaches, manufactured buildings or factory-built housing................

                 $600

                   For each additional officer or partner...........................................................

                   150

                   Biennially, for each branch office.................................................................

                   150

     (b) Biennially, for a license as a limited dealer authorized to act as a repossessor or liquidator.........................................................................................................

                   200

     (c) Biennially, to do business as a manufacturer of manufactured homes, mobile homes, commercial coaches, travel trailers, manufactured buildings or factory-built housing....................................................................................................

                   750

                   For each additional officer or partner...........................................................

                   150

     (d) Biennially, for a general serviceperson’s or specialty serviceperson’s license.........

                   200

                   For each additional officer or partner...........................................................

                   150

                   Biennially, for each branch office.................................................................

                   150

     (e) Biennially, for a license as a salesperson of manufactured homes, mobile homes, commercial coaches, manufactured buildings or factory-built housing................

                   100

     (f) Biennially, for a responsible managing employee’s license......................................

                   150

     (g) For each examination of an applicant for a license................................................

                     50

     (h) For a change of address by a licensee..................................................................

                     50

     (i) For a change of name by a licensee......................................................................

                     50

     (j) To activate a license from inactive or suspended status..........................................

                   100

     2.  If a licensee fails to apply for the renewal of his or her license before the license expires, the licensee must pay a fee equal to one and one-half times the fee otherwise required for renewal. If a licensee does not apply for the renewal of his or her license within 30 days after the license expires, the licensee must retake and pass the applicable oral or written examination and submit the application and all of the fees required for an original license.

     3.  The Division may collect a fee from any licensee who is involved in a complaint from a consumer to recover the costs of investigating and hearing the complaint. The fee will be based upon the rates established in this section.

     [Mfd. Housing Div., Mobile Homes Reg. § 325, eff. 12-20-79; A 2-5-82]—(NAC A 8-29-83; 9-12-85; 8-23-95; 11-12-97; R060-01, 10-30-2001; R053-03, 9-24-2003; R192-05, 9-18-2006; R126-08, 12-17-2008)

      NAC 489.370  Additional fees for original application for license. (NRS 489.231, 489.481)  In addition to the fees for a license required by the provisions of NAC 489.360, the Division will charge the following fees for processing an original application for a license:

     1.  As a dealer of manufactured homes, mobile homes, commercial coaches, manufactured buildings or factory-built housing...................................................

                   $400

                   For each additional officer or partner.............................................................

                     100

                   For each branch office..................................................................................

                     100

     2.  As a limited dealer authorized to act as a repossessor or liquidator........................

                   $100

     3.  To do business as a manufacturer of manufactured homes, mobile homes, commercial coaches, travel trailers, manufactured buildings or factory-built housing..............................................................................................................

                   $500

     4.  As a general serviceperson or specialty serviceperson...........................................

                   $100

               For each additional officer or partner.................................................................

                     100

               For each branch office.......................................................................................

                     100

     5.  As a salesperson of manufactured homes, mobile homes, commercial coaches, manufactured buildings or factory-built housing...................................................

                     $25

     6.  As a responsible managing employee....................................................................

                   $100

     (Added to NAC by Mfd. Housing Div., eff. 9-12-85; A by R060-01, 10-30-2001; R053-03, 9-24-2003; R192-05, 9-18-2006; R126-08, 12-17-2008)

      NAC 489.380  Certificates and labels; inspections; miscellaneous fees. (NRS 489.231, 489.481)

     1.  The Division will charge the following fees:

 

     (a) For each certificate and label of compliance..........................................................

              $50.00

     (b) For each certificate and label of installation...........................................................

                50.00

     (c) For each permit for installation, reconstruction, repair or addition..........................

                10.00

     (d) For each original or duplicate certificate of ownership...........................................

                40.00

     (e) For each notice of conversion of real property......................................................

                40.00

     (f) For a replacement of a:

 

          (1) Label of compliance........................................................................................

                50.00

          (2) Label of installation.........................................................................................

                50.00

          (3) License...........................................................................................................

                50.00

     (g) For the inspection and approval of a set of plans:

 

                   For the first hour..........................................................................................

                75.00

                   For each additional half hour or fraction thereof............................................

                37.50

     (h) For the inspection and approval of a modification of an approved plan, per hour or fraction thereof.................................................................................................

                75.00

     (i) For the consideration of a system of construction for approval................................

              500.00

     (j) For the inspection at the site and approval of the installation of:

 

          (1) A commercial coach with a plumbing system, a manufactured home or a mobile home if the inspection is conducted within 25 miles of the inspector’s station of duty  

              100.00

          (2) A commercial coach without a plumbing system if the inspection is conducted within 25 miles of the inspector’s station of duty................................................

                80.00

     (k) For the reinspection and approval of the installation of a manufactured home, mobile home or commercial coach, in addition to the original fee for inspection...

                80.00

     (l) For the final inspection or reinspection at the site of a manufactured home, mobile home, mobile home park, commercial coach or travel trailer, or of the installation of a device which burns solid fuel or for any other inspection or service for which a fee is not prescribed:

 

                   For the first hour..........................................................................................

              $80.00

                   For each additional half hour or fraction thereof............................................

                40.00

     (m) For an inspection of a plant used to manufacture manufactured homes, commercial coaches or travel trailers...................................................................................

              750.00

     (n) For each search conducted to determine title........................................................

                15.00

     (o) For the sale of printed material:

 

                   For each page of a copy..............................................................................

                  0.25

                    For each study guide for an examination.......................................................

                15.00

                   For each copy of a regulation.......................................................................

                  5.00

     (p) For filing a lien or an amended lien asserted upon a manufactured home, mobile home or commercial coach...............................................................................

                40.00

     (q) For collecting a fee after a check given for payment is dishonored.........................

                35.00

     (r) For the inspection and approval of a set of plans for an attachment pursuant to NAC 489.470:

 

                   For the first hour..........................................................................................

                75.00

                   For each additional half hour or fraction thereof............................................

                37.50

     (s) For filing an affidavit of the sale of a manufactured home, mobile home or commercial coach to satisfy a lien......................................................................

                40.00

     (t) For recording the sale of a manufactured home, mobile home or commercial coach without the immediate transfer of the certificate of title or certificate of ownership    

                40.00

     (u) For filing a notice or an amended notice of sale by auction of a manufactured home, mobile home or commercial coach..........................................................

                40.00

     (v) For a copy of the monthly report prepared by the Division on the record of sales of a dealer........................................................................................................

                75.00

     (w) For a list of the certificates of ownership issued by the Division for a period of:

 

                   Less than 2 years.........................................................................................

                75.00

                   Two years but not more than 5 years............................................................

              150.00

                   More than 5 years.......................................................................................

              375.00

     (x) For a list of all mobile home parks or for a rent history of all mobile home parks....

                75.00

     2.  For each inspection or reinspection conducted more than 25 miles from the inspector’s station of duty, the Division will charge, in addition to the fee listed, the inspector’s actual expenses for time and travel.

     3.  The Division will collect a fee for the sale of reports not listed in subsection 1 based upon the cost to the Division to produce those reports, plus a minimum fee for handling of $40 for the first report.

     4.  The Division will collect a fee for inspection, pursuant to a schedule established by the Secretary of Housing and Urban Development, from each manufacturer of manufactured homes who has a plant located in this State. The Division will pay the fee to the Secretary of Housing and Urban Development.

     5.  As used in this section, “rent history” means the economic and demographic data collected by the Administrator pursuant to NRS 118B.025.

     (Added to NAC by Mfd. Housing Div., eff. 9-12-85; A 3-26-93; 8-23-95; R060-01, 10-30-2001; R053-03, 9-24-2003; R192-05, 9-18-2006; R126-08, 12-17-2008)

      NAC 489.390  Prerequisites for refund. (NRS 489.231, 489.481)  The fees charged by the Division are not refundable unless:

     1.  The Division has not incurred the expense for which the fee was charged; or

     2.  A written request for a refund which is justifiable is submitted to the Division within 1 year after payment of the fee.

     (Added to NAC by Mfd. Housing Div., eff. 9-12-85; A by R192-05, 9-18-2006)

INSTALLATION OF MANUFACTURED HOMES, MOBILE HOMES AND COMMERCIAL COACHES

      NAC 489.400  Applicability. (NRS 489.231, 489.251)  NAC 489.400 to 489.416, inclusive, apply to the installation on-site of all manufactured homes, mobile homes and commercial coaches, regardless of the date of manufacture and the location of the manufactured home, mobile home or commercial coach.

     [Mfd. Housing Div., Mobile Homes Reg. part § 200, eff. 12-20-79]—(NAC A 8-23-95; R192-05, 9-18-2006)

      NAC 489.405  Certificate of installation and matching label required for occupancy; provision of certificate to purchaser. (NRS 489.231, 489.251, 489.591, 489.597)

     1.  No manufactured home, mobile home or commercial coach that is moved from one location to another may be occupied as a dwelling unit or otherwise unless a certificate of installation and a matching label has been issued certifying that the manufactured home, mobile home or commercial coach has been installed in accordance with NAC 489.400 to 489.416, inclusive.

     2.  A dealer shall provide the original copy of the certificate of installation to each purchaser of a new manufactured home within 15 days after it has been inspected and approved.

     [Mfd. Housing Div., Mobile Homes Reg. part § 200, eff. 12-20-79]—(NAC A 3-26-93; 8-23-95; R192-05, 9-18-2006)

      NAC 489.411  Permit required on job site; application for permit. (NRS 489.231, 489.263)

     1.  A person shall not install, reconstruct or make an addition to a manufactured home, mobile home or commercial coach on a job site unless he or she first obtains a permit from the Administrator.

     2.  The person must apply for a permit on a form provided by the Administrator and pay the fee set forth in NAC 489.380.

     3.  The holder of a permit shall maintain the permit at the job site and provide the permit to the Division or a city or county building department upon request.

     (Added to NAC by Mfd. Housing Div. by R192-05, eff. 9-18-2006)

      NAC 489.416  Standards for installation. (NRS 489.231, 489.251)

     1.  The Administrator hereby adopts by reference the Nevada Manufactured Home, Mobile Home and Commercial Coach Installation Standards in the edition most recently published by the Nevada Manufactured Housing Association and the Modular Building Institute of Nevada, unless the Administrator determines pursuant to subsection 3 that the most recent edition is not suitable for this State.

     2.  A copy of these standards may be obtained from the Division at 2501 East Sahara Avenue, Suite 204, Las Vegas, Nevada 89104, or 1535 Old Hot Springs Road, Suite 60, Carson City, Nevada 89706, for the price of $15.

     3.  The Administrator will review each successive edition of the standards to determine its suitability for this State. If the Administrator provisionally determines that the most recent edition is not suitable, the Administrator will hold a public hearing to review this determination. If, after the hearing, the Administrator finally determines that the most recent edition is not suitable for this State, he or she will, within 30 days after that determination, give notice that the edition is not adopted by reference.

     (Added to NAC by Mfd. Housing Div. by R192-05, eff. 9-18-2006; A by R126-08, 12-17-2008)

ACCESSORY STRUCTURES, ADDITIONS AND ALTERATIONS

      NAC 489.460  “Attach” defined. (NRS 489.231, 489.261)  As used in NAC 489.460 to 489.486, inclusive, unless the context otherwise requires, “attach” means to fasten a structure, including, without limitation, an awning, carport, steps or porch, to a manufactured home or mobile home in such a manner that the structure is dependent upon the manufactured home or mobile home for any part of its structural support.

     (Added to NAC by Mfd. Housing Div., eff. 3-26-93; A 8-23-95; R203-01, 7-18-2002; R192-05, 9-18-2006)

      NAC 489.470  Attachment of structure: Restrictions; application for approval. (NRS 489.231, 489.261)

     1.  A person shall not attach a structure to a manufactured home or mobile home unless:

     (a) The structure is an awning, carport, steps or porch that is constructed of a light-weight metallic material;

     (b) The attachment complies with all applicable technical codes; and

     (c) The person first obtains the approval of the Division.

     2.  An application for approval of the attachment must be accompanied by two copies of the plan for the attachment. The Administrator will keep a copy of the plan for at least 2 years after it is submitted to him or her. The Administrator will approve or deny the application within 15 days after receiving it.

     3.  Any structural element of an attached awning, carport, porch or steps must be constructed or installed in accordance with the plan approved by the Division.

     (Added to NAC by Mfd. Housing Div., eff. 3-26-93; A by R192-05, 9-18-2006)

      NAC 489.475  Attachment of awning or carport: Restrictions. (NRS 489.231, 489.261)

     1.  A person shall not attach an awning or carport to a manufactured home or mobile home unless the awning or carport is constructed of light-weight metallic material that does not exceed 1 pound per square foot dead load.

     2.  The live load of an awning or carport that is attached to a manufactured home or mobile home must:

     (a) Be at least 10 pounds per square foot; and

     (b) Must not exceed 20 pounds per square foot.

     3.  An awning or carport whose live load is more than 20 pounds per square foot must:

     (a) Not be attached to a manufactured home or mobile home, except for flashing for waterproofing; and

     (b) Be constructed or installed in accordance with the ordinances of the local government where the manufactured home or mobile home is located.

     4.  An awning or carport that is attached to a manufactured home or mobile home must:

     (a) Not be connected to the decorative shingles or overhang of the manufactured home or mobile home;

     (b) Be connected to a structural member of the manufactured home or mobile home; and

     (c) Not be used for human habitation or storage.

     (Added to NAC by Mfd. Housing Div., eff. 3-26-93; A by R192-05, 9-18-2006)

      NAC 489.480  Width of landing area of certain steps. (NRS 489.231, 489.261)  If steps for a manufactured home or mobile home are installed parallel to that manufactured home or mobile home on the side where the carport is located, the landing area of those steps must not be less than 22 inches wide.

     (Added to NAC by Mfd. Housing Div., eff. 3-26-93)

      NAC 489.486  Construction of certain additions or alteration of certain systems: Restrictions; application for approval. (NRS 489.231, 489.241)

     1.  A person shall not:

     (a) Construct a room, garage or other addition that is freestanding or adjoined to a manufactured home or mobile home if the room, garage or other addition is directly accessible from the manufactured home or mobile home; or

     (b) Alter or reconstruct the structural, electrical, mechanical, roofing or plumbing system of a manufactured home or mobile home,

Ê unless the person first obtains approval from the Division.

     2.  The application for approval must be on a form provided by the Division and include:

     (a) Two copies of the plans for the work to be performed;

     (b) A copy of each applicable certificate, label or permit; and

     (c) Any other document required by the Division or local governing body.

     3.  Any construction, addition, alteration or reconstruction must:

     (a) Comply with all applicable technical codes; and

     (b) Be completed in accordance with the plans as approved by the Division and the local governing body.

     (Added to NAC by Mfd. Housing Div. by R192-05, eff. 9-18-2006)

DEVICES WHICH BURN SOLID FUEL

      NAC 489.500  “Enforcement agency” defined. (NRS 489.231, 489.261)  As used in NAC 489.500 to 489.515, inclusive, unless the context otherwise requires, “enforcement agency” means the county or city building department or the Division.

     [Mfd. Housing Div., Solid Fuel Devices Reg. part 6 C, eff. 1-27-82]—(NAC A 9-12-85; R203-01, 7-18-2002)

      NAC 489.505  Applicability. (NRS 489.231, 489.261)  NAC 489.500 to 489.515, inclusive:

     1.  Applies to the installation of devices which burn solid fuel in all manufactured homes or mobile homes regardless of the date on which the manufactured home or mobile home was manufactured.

     2.  Does not apply to a manufacturer of homes who installs a device which burns solid fuel in a manufactured home or mobile home at the time of its construction in compliance with the National Manufactured Home Construction and Safety Standards Act of 1974, 42 U.S.C. §§ 5401 et seq.

     [Mfd. Housing Div., Solid Fuel Devices Reg. §§ B & E, eff. 1-27-82]—(NAC A 9-12-85; 8-23-95)

      NAC 489.510  Permit required; inspections; failure to comply with requirements. (NRS 489.231, 489.261)

     1.  No person may construct, reconstruct, install, alter, move or otherwise fix in place for use in a manufactured home or mobile home a device which burns solid fuel unless he or she has obtained a permit from the enforcement agency.

     2.  A person who wishes to obtain a permit to install a device which burns solid fuel must notify the enforcement agency and request an inspection of the manufactured home or mobile home at least 48 hours before the installation is expected to be completed.

     3.  When the installation of a device which burns solid fuel fails to comply with the requirements of NAC 489.500 to 489.515, inclusive, the enforcement agency shall notify the installer of any deficiencies in the installation. The installer must perform the necessary corrective work and request another inspection.

     4.  If the installation of a device which burns solid fuel fails to comply with NAC 489.500 to 489.515, inclusive, because of the use of an unlisted device or defective device, or because of other defects in material or workmanship, the enforcement agency shall immediately notify the installer, manufacturer and the Division. The manufacturer shall correct any defect and request another inspection.

     [Mfd. Housing Div., Solid Fuel Devices Reg. § D, eff. 1-27-82]—(NAC A 9-12-85; 8-23-95)

      NAC 489.515  Installation. (NRS 489.231, 489.261)

     1.  A device which burns solid fuel may be installed in a manufactured home or mobile home if:

     (a) The device is approved, listed, or certified for use in a manufactured home or mobile home by a nationally recognized testing agency. An unlisted device may not be installed.

     (b) The device does not take the place of the normal heating unit or furnace in the manufactured home or mobile home.

     (c) The device is equipped with an integral door or shutter designed to close the opening of the fire chamber.

     (d) The device is completely vented through the roof by using a listed chimney designed to attach directly to the device.

     (e) The chimney extends at least 3 feet above the part of the roof through which it passes and at least 2 feet above any part of the roof which is within 10 feet of the chimney. Portions of the chimney extending more than 13 1/2 feet above the ground level may be designed to be removed when transporting the manufactured home or mobile home. The chimney must be installed in conformance with the manufacturer’s instructions or the instructions of the testing agency.

     (f) The device contains an inlet which conducts combustible air directly into the fire chamber from the area beneath the manufactured home or mobile home. The inlet must be installed in conformance with the manufacturer’s instructions or the instructions of the testing agency.

     (g) Extensions of the hearth are made of noncombustible material at least 3/8 of an inch thick and extend at least 16 inches in front of and 8 inches to the side of the device. The hearth must also cover the entire surface beneath the device.

     (h) The device is not installed in a sleeping area.

     (i) The device is labeled “For Installation in Manufactured Homes” or “For Installation in Mobile Homes” and “For Use With Solid Fuel Only” or similar language.

     2.  No significant structural change to the manufactured home or mobile home may be made in the process of installing a device which burns solid fuel without the written consent of the Division.

     3.  No masonry fireplace may be installed without the written consent of the Division.

     4.  Manufacturers of listed devices shall provide with each device which is sold, complete instructions for installation, including clearances. No reductions in the manufacturer’s specifications on clearances are allowed unless approved by the enforcement agency.

     5.  Any person applying for a permit to install a device in a manufactured home or mobile home shall provide the enforcement agency with such information as is necessary to issue the permit before the installation of the device.

     6.  An insert may not be installed in a device which burns solid fuel unless the device has been specifically tested and approved by a recognized testing laboratory or agency for this purpose.

     [Mfd. Housing Div., Solid Fuel Devices Reg. § F, eff. 1-27-82]—(NAC A 8-23-95)

MISCELLANEOUS PROVISIONS

      NAC 489.590  Purchase contracts and listing agreements: Form. (NRS 489.231, 489.7152)  A purchase contract or listing agreement executed by a dealer must be on a form prescribed by the Administrator pursuant to NRS 489.7152.

     (Added to NAC by Mfd. Housing Div. by R192-05, eff. 9-18-2006)

      NAC 489.602  Liens on manufactured homes, mobile homes or commercial coaches: Written acknowledgment of receipt of written notification of sale of manufactured home, mobile home or commercial coach; dealer to maintain written acknowledgments in permanent file. (NRS 489.231, 489.401)

     1.  For the purposes of subsection 9 of NRS 489.401, a written acknowledgment that the holder of a lien or security interest in a manufactured home, mobile home or commercial coach has received written notification of the sale of the manufactured home, mobile home or commercial coach includes the return receipt if the holder sent the written acknowledgment by certified mail.

     2.  A dealer shall maintain each written acknowledgment he or she receives in a permanent file.

     (Added to NAC by Mfd. Housing Div., eff. 8-23-95)

      NAC 489.603  Liens on manufactured homes, mobile homes or commercial coaches: Affidavit of sale of manufactured home, mobile home or commercial coach to satisfy lien. (NRS 489.231, 489.272)

     1.  If a seller sells a manufactured home, mobile home or commercial coach to satisfy a lien, the seller shall submit to the Division an affidavit on a form supplied by the Division stating that he or she sold the manufactured home, mobile home or commercial coach to satisfy a lien.

     2.  If a manufactured home, mobile home or commercial coach is sold to satisfy a lien, the lienholder shall submit to the Division an affidavit stating that the lien has been released.

     (Added to NAC by Mfd. Housing Div., eff. 8-23-95)

      NAC 489.605  Duties upon commencement of proceedings pursuant to NRS 461A.140 regarding substandard mobile home. (NRS 489.231, 489.541)

     1.  An agency that has begun proceedings pursuant to NRS 461A.140 to abate a nuisance caused by a substandard mobile home shall send to the Division a copy of all orders and notices entered in those proceedings.

     2.  If the Division receives notice that an agency has begun proceedings pursuant to NRS 461A.140 to cause a mobile home determined to be substandard to be repaired, vacated or demolished, it will not issue or transfer a certificate of ownership to the mobile home that is the subject of the proceeding until the agency or a court of competent jurisdiction has determined that the conditions which render the mobile home substandard have been abated or do not exist.

     3.  As used in this section, “agency” has the meaning ascribed to it in NRS 461A.030.

     (Added to NAC by Mfd. Housing Div., eff. 3-26-93)

COURSES OF CONTINUING EDUCATION

      NAC 489.610  Definitions. (NRS 489.231, 489.285)  As used in NAC 489.610 to 489.662, inclusive, unless the context otherwise requires, the words and terms defined in NAC 489.614 to 489.622, inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Mfd. Housing Div., eff. 3-26-93; A by R203-01, 7-18-2002)

      NAC 489.614  “Course” defined. (NRS 489.231, 489.285)  “Course” means a course of continuing education required by the Division pursuant to NRS 489.285.

     (Added to NAC by Mfd. Housing Div., eff. 3-26-93; A 11-12-97)

      NAC 489.618  “Instructor” defined. (NRS 489.231, 489.285)  “Instructor” means a person approved by the Administrator to teach a course.

     (Added to NAC by Mfd. Housing Div., eff. 3-26-93)

      NAC 489.620  “School” defined. (NRS 489.231, 489.285)  “School” means:

     1.  The Nevada System of Higher Education or any other university or college bearing the same or an equivalent accreditation; or

     2.  Any professional school approved by the Division or the Department of Education or an equivalent agency of another state.

     (Added to NAC by Mfd. Housing Div., eff. 3-26-93)

      NAC 489.622  “Sponsor” defined. (NRS 489.231, 489.285)  “Sponsor” means any person, business, school or organization which is approved by the Administrator to act as surety for an approved instructor of a course.

     (Added to NAC by Mfd. Housing Div., eff. 3-26-93; A 11-12-97)

      NAC 489.624  Approval of course, instructor and sponsor: Requirements; procedure. (NRS 489.231, 489.285)

     1.  A person shall not:

     (a) Offer or teach a course unless the course and the instructor have first been approved by the Administrator; or

     (b) Hold himself or herself out as a sponsor unless the person has first been approved by the Administrator.

     2.  A person who applies for approval as an instructor or sponsor or for approval of a course must submit an application to the Administrator on a form provided by the Division.

     (Added to NAC by Mfd. Housing Div., eff. 3-26-93)

      NAC 489.626  Application for approval of sponsor, instructor or course: Contents; action by Administrator. (NRS 489.231, 489.285)

     1.  An application for approval of a sponsor, instructor or course must include:

     (a) The name and address of the person, business, school or organization offering the course;

     (b) The type of business, school or organization;

     (c) The name of the owner of the business, school or organization and the name and address of each director, principal, officer and any other person who has a financial interest in that business, school or organization;

     (d) The name and resume of the instructor of the course;

     (e) An outline of the course;

     (f) The amount of time allocated for each subject included in the course;

     (g) The title, author and publisher of each textbook, if any, required for the course;

     (h) A copy of the form that will be used to evaluate the course upon its conclusion;

     (i) A statement of:

          (1) The purpose of the course;

          (2) The fee for the course;

          (3) The number of examinations, if any;

          (4) The grading system, if any, including the method of testing and standards of grading;

          (5) The requirements for attendance; and

          (6) The location where records of the students will be maintained; and

     (j) A copy of each examination, if any, for the course and the correct answer for each question.

     2.  The Administrator will, within 30 days after receiving an application, approve or deny it and give written notice of his or her decision to the applicant by certified mail. If the application is approved, the Administrator will include in the written notice an identification number for the course.

     (Added to NAC by Mfd. Housing Div., eff. 3-26-93; A 11-12-97)

      NAC 489.628  Prerequisites to approval of instructor. (NRS 489.231, 489.285)

     1.  The Administrator will not approve an instructor for a course unless he or she is of good moral character and, except as otherwise provided in subsection 2:

     (a) Holds a bachelor’s degree or graduate degree in the area of instruction;

     (b) Teaches at a college or university within the Nevada System of Higher Education or any other accredited college or university in the area of instruction;

     (c) Is approved by the Real Estate Division of the Department to teach courses relating to real estate; or

     (d) Has at least 5 years of full-time experience, other than clerical experience, in the area of instruction.

     2.  The Administrator may approve an employee of the Division or any other person as an instructor of a course if the Administrator is satisfied that he or she has the knowledge and experience required to teach that course.

     (Added to NAC by Mfd. Housing Div., eff. 3-26-93; A 11-12-97; R203-01, 7-18-2002)

      NAC 489.630  Criteria for approval of course. (NRS 489.231, 489.285)  The Administrator will consider, without limitation, the following criteria in determining whether to approve a course:

     1.  Whether the course consists of at least 4 hours of instruction.

     2.  The willingness of the sponsor or instructor of the course to certify to the attendance of persons at the course.

     3.  The willingness of the sponsor or instructor of the course to maintain for 5 years a record of attendance which contains:

     (a) The name, address and number of the student’s license issued by the Division;

     (b) The name of the instructor of the course;

     (c) The title and description of the course; and

     (d) The hours of instruction attended and dates of attendance.

     4.  The willingness of the sponsor of the course to ensure that an approved instructor will preside throughout the course.

     5.  If the course is offered by correspondence or videotape, whether the sponsor will:

     (a) Administer an open-book final examination;

     (b) Administer at least one examination or evaluation during the course in addition to the final examination; and

     (c) Establish a policy for retaking an examination which a student fails.

     6.  If a course is presented by videotape, whether the sponsor will provide an instructor approved by the Administrator at the place where the course is offered.

     7.  If the sponsor or instructor of the course is licensed by the Division, whether his or her license is in good standing, as determined by the Administrator.

     (Added to NAC by Mfd. Housing Div., eff. 3-26-93; A 11-12-97)

      NAC 489.632  Approval of certain courses. (NRS 489.231, 489.285)  The Administrator may approve a course offered by:

     1.  The Nevada System of Higher Education or other university or college which has the same or equivalent accreditation; or

     2.  Any community college within the Nevada System of Higher Education.

     (Added to NAC by Mfd. Housing Div., eff. 3-26-93; A 11-12-97)

      NAC 489.634  Contents of course. (NRS 489.231, 489.285)

     1.  A course must include information relating to the provisions of:

     (a) Chapter 489 of NRS;

     (b) Chapter 489 of NAC; and

     (c) The Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.).

     2.  A course may include information relating to:

     (a) Manufactured housing or mobile home parks which will enable a person to give better service to the members of the general public and tenants of mobile home parks.

     (b) The construction, including components and accessories, rebuilding, servicing, installation or sale of manufactured homes, mobile homes and commercial coaches.

     (c) Legislative issues concerning manufactured housing and mobile home parks, including pending and recently enacted state or federal legislation.

     (Added to NAC by Mfd. Housing Div., eff. 3-26-93; A 11-12-97)

      NAC 489.638  Renewal of approval for instructor, sponsor or course. (NRS 489.231, 489.285)

     1.  Approval for each instructor, sponsor or course must be renewed annually by submitting to the Administrator before the period of approval expires:

     (a) An application on a form prescribed by the Division;

     (b) A certificate, on a form prescribed by the Division, signed by the applicant, under penalty of perjury, declaring that the applicant has complied with the requirements of NAC 489.610 to 489.662, inclusive; and

     (c) The fee prescribed in NAC 489.640.

     2.  An applicant who submits an application for renewal of approval after the period of approval expires must pay the fee prescribed for an original application for approval pursuant to NAC 489.640.

     3.  If an instructor or sponsor who submits an application for renewal of approval is licensed by the Division, the instructor or sponsor must have maintained his or her license in good standing, as determined by the Administrator.

     4.  The Administrator will, within 30 days after receiving an application for renewal, approve or deny it and give written notice of his or her decision to the applicant by certified mail.

     (Added to NAC by Mfd. Housing Div., eff. 3-26-93; A 11-12-97)

      NAC 489.640  Fees; late application for renewal of approval of sponsor, instructor or course. (NRS 489.231, 489.285, 489.481)

     1.  The Division will charge:

     (a) A fee of $100 for an original application for the approval of a sponsor, instructor and course for continuing education.

     (b) A fee of $50 for the renewal of approval of a sponsor, instructor and course for continuing education.

     2.  If a sponsor or instructor does not apply for renewal of his or her approval or for the renewal of approval of a course before the period of approval expires, the sponsor or instructor must submit an original application for approval.

     (Added to NAC by Mfd. Housing Div., eff. 3-26-93)

      NAC 489.642  Hearing on denial of application for approval or renewal of approval of sponsor, instructor or course. (NRS 489.231, 489.285)

     1.  If a person’s application for approval or renewal of approval as an instructor or sponsor or for approval or renewal of approval of a course is denied, he or she may request a hearing before the Administrator.

     2.  The request for a hearing must be in writing and submitted to the Administrator within 20 days after the applicant receives the denial of approval or renewal of approval.

     3.  The Administrator will hold the hearing within 45 days after the request for a hearing is submitted to him or her.

     4.  The Administrator will, within 20 days after the hearing, give written notice of his or her decision to the applicant by certified mail.

     5.  The decision of the Administrator is a final decision for the purpose of judicial review.

     (Added to NAC by Mfd. Housing Div., eff. 3-26-93)

      NAC 489.644  Withdrawal of approval of instructor, sponsor or course. (NRS 489.231, 489.285)

     1.  The Administrator may withdraw his or her approval of an instructor, sponsor or course if the Administrator finds that:

     (a) The quality of the instruction is unsatisfactory; or

     (b) The instructor or sponsor has violated any of the provisions of NAC 489.610 to 489.662, inclusive.

     2.  If the Administrator withdraws his or her approval of an instructor, sponsor or course, the Administrator will send, by certified mail, a written notice to the instructor or sponsor. The notice will include the reason for the withdrawal of approval.

     3.  The instructor or sponsor may request a hearing if he or she sends a written request for a hearing to the Administrator within 20 days after receiving the notice from the Administrator.

     4.  The Administrator will hold the hearing within 45 days after the request for a hearing is submitted to the Administrator.

     5.  The Administrator will, within 20 days after the hearing, send, by certified mail, written notice of his or her decision to the instructor or sponsor.

     6.  The decision of the Administrator is a final decision for the purpose of judicial review.

     (Added to NAC by Mfd. Housing Div., eff. 3-26-93; A 11-12-97)

      NAC 489.646  Sponsors and instructors: General duties. (NRS 489.231, 489.285)  Each sponsor or instructor who is approved by the Administrator shall:

     1.  Maintain a record of each student’s attendance and completion of the course for 5 years after the course is offered.

     2.  Make the records described in subsection 1 available for inspection by the Division.

     3.  Within 15 days after the occurrence of any change in the information included in his or her application, notify the Division, in writing, of that change.

     4.  Provide, upon the request of a student, proof of attendance and a copy of his or her certificate of completion.

     5.  Send written notice to the Administrator at least 30 days before the course is offered. The notice must include the identification number for the course assigned by the Division and the date, time and location of the course.

     (Added to NAC by Mfd. Housing Div., eff. 3-26-93; A 11-12-97)

      NAC 489.648  Sponsors and instructors: Offering of course by correspondence or videotape. (NRS 489.231, 489.285)  A sponsor or instructor who offers a course by correspondence or videotape shall require each student to:

     1.  Take an open-book final examination with a proctor present at a location as designated by the sponsor in its application for approval filed with the Administrator;

     2.  Take at least one examination during the course in addition to the final examination;

     3.  Prove his or her identity before the student is allowed to take any examination; and

     4.  Complete the course within the period required by the Administrator.

     (Added to NAC by Mfd. Housing Div., eff. 3-26-93)

      NAC 489.650  Instructors: Evaluation of course. (NRS 489.231, 489.285)

     1.  Each instructor shall, at the completion of a course, require each student to complete a written evaluation of the course. The form for the evaluation must be approved by the Division.

     2.  The instructor shall keep the evaluations for at least 5 years and make them available for examination by the Division.

     3.  An instructor shall allow the Administrator or his or her representative to attend a course to evaluate the course.

     (Added to NAC by Mfd. Housing Div., eff. 3-26-93; A 11-12-97)

      NAC 489.652  Sponsors: Restriction on employment of person as instructor. (NRS 489.231, 489.285)  A sponsor shall not employ a person as an instructor of a course unless the person and the course have first been approved by the Administrator.

     (Added to NAC by Mfd. Housing Div., eff. 3-26-93)

      NAC 489.654  Prohibition against restriction on enrollment in course offered by organization. (NRS 489.231, 489.285)  An organization which offers a course approved by the Administrator shall not restrict enrollment in the course solely to members of that organization.

     (Added to NAC by Mfd. Housing Div., eff. 3-26-93)

      NAC 489.656  Contents of advertisement and form for registration of course. (NRS 489.231, 489.285)

     1.  An instructor or sponsor shall not make any misrepresentation in the advertisement of any course offered pursuant to NAC 489.610 to 489.662, inclusive.

     2.  Each advertisement or form for registration for a course must include:

     (a) A statement that the course, instructor and, if applicable, sponsor are approved by the Administrator;

     (b) The number of hours of credit for the course;

     (c) The identification number for the course assigned by the Division; and

     (d) Information concerning the cancellation of the course and the refunding of the fee for the course.

     (Added to NAC by Mfd. Housing Div., eff. 3-26-93; A 11-12-97)

      NAC 489.658  Contents of materials required for course. (NRS 489.231, 489.285)  Each course approved by the Administrator must include in the materials required for the course:

     1.  A statement that the course is approved by the Administrator;

     2.  A statement of the number of hours of credit for the course; and

     3.  The identification number for the course assigned by the Division.

     (Added to NAC by Mfd. Housing Div., eff. 3-26-93; A 11-12-97)

      NAC 489.660  Certificates of completion: Contents. (NRS 489.231, 489.285)  Each certificate of completion must include:

     1.  The name, address and number of the student’s license issued by the Division;

     2.  The name of the sponsor;

     3.  The name of the instructor of the course;

     4.  The name and number of the course;

     5.  The number of hours of instruction completed; and

     6.  The date the course was completed.

     (Added to NAC by Mfd. Housing Div., eff. 3-26-93; A 11-12-97)

      NAC 489.662  Certificates of completion: Restriction on issuance. (NRS 489.231, 489.285)

     1.  An instructor approved by the Administrator shall not issue a certificate of completion to any student who has not attended the required number of hours of instruction for the course.

     2.  As used in this section, “hour of instruction” means 50 minutes of instruction or more.

     (Added to NAC by Mfd. Housing Div., eff. 3-26-93)

CERTIFICATES OF OWNERSHIP

      NAC 489.700  Seller to notify Division if certificate of title or certificate of ownership does not pass immediately from seller to buyer. (NRS 489.231)  If the certificate of title or certificate of ownership does not pass immediately from the seller to the buyer when a manufactured home, mobile home or commercial coach is sold, the seller shall notify the Division by completing a form provided by the Division.

     (Added to NAC by Mfd. Housing Div., eff. 8-23-95)

      NAC 489.710  Names on certificate of ownership. (NRS 489.231, 489.541)  If a transferor or a transferee requests the Division to issue or transfer a certificate of ownership for a manufactured home, mobile home or commercial coach, the transferor or transferee shall specify in the request the name of each person whose name will appear on the certificate of ownership. If the names on the certificate of ownership will appear with the word “and” joining them, each such person must sign the request. If the names on the certificate of ownership will appear with the word “or” joining them, any such person may sign the request.

     (Added to NAC by Mfd. Housing Div., eff. 8-23-95)

      NAC 489.720  Certificate of ownership held by trustee. (NRS 489.231, 489.541)

     1.  If the Division issues a certificate of ownership to a trust for a manufactured home, mobile home or commercial coach, it will issue that certificate to the trustee in his or her name on behalf of the trust.

     2.  A request for a transfer of a certificate of ownership for a manufactured home, mobile home or commercial coach which is held by a trustee on behalf of a trust must be made by that trustee or his or her successor.

     (Added to NAC by Mfd. Housing Div., eff. 8-23-95)

      NAC 489.730  Document submitted in support of application for certificate of ownership. (NRS 489.231, 489.541)  Any document submitted to the Division in support of an application for a certificate of ownership for a manufactured home, mobile home or commercial coach must be the original document or a certified copy of the original document.

     (Added to NAC by Mfd. Housing Div., eff. 8-23-95)

SALE OF USED HOMES BY LANDLORD OR MANAGER OF MOBILE HOME PARK

      NAC 489.750  Definitions. (NRS 489.231, 489.336)  As used in NAC 489.750 to 489.790, inclusive, unless the context otherwise requires, the words and terms defined in NAC 489.755 to 489.770, inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Mfd. Housing Div. by R036-03, eff. 9-24-2003; A by R192-05, 9-18-2006)

      NAC 489.755  “Landlord” defined. (NRS 489.231, 489.336)  “Landlord” has the meaning ascribed to it in NRS 118B.014.

     (Added to NAC by Mfd. Housing Div. by R036-03, eff. 9-24-2003)

      NAC 489.760  “Licensee” defined. (NRS 489.231, 489.336)  “Licensee” means a landlord or manager of a mobile home park to whom a limited resale license is issued by the Division pursuant to NAC 489.780.

     (Added to NAC by Mfd. Housing Div. by R036-03, eff. 9-24-2003)

      NAC 489.765  “Manager” defined. (NRS 489.231, 489.336)  “Manager” has the meaning ascribed to it in NRS 118B.0145.

     (Added to NAC by Mfd. Housing Div. by R036-03, eff. 9-24-2003)

      NAC 489.770  “Mobile home park” defined. (NRS 489.231, 489.336)  “Mobile home park” has the meaning ascribed to “manufactured home park” in NRS 118B.017.

     (Added to NAC by Mfd. Housing Div. by R036-03, eff. 9-24-2003)

      NAC 489.775  Limited resale license: General requirements; change in name or address of mobile home park. (NRS 489.231, 489.336, 489.481)

     1.  Before a landlord or manager of a mobile home park may sell a used mobile home or manufactured home acquired at a sale to enforce a lien pursuant to NRS 108.265 to 108.367, inclusive, the landlord or manager must obtain a limited resale license from the Division. The license may be obtained by applying to the Division on a form supplied by the Division. Except as otherwise provided in this section, in addition to completing the application, the applicant must submit with the application:

     (a) A fee of $50;

     (b) A copy of the business license issued for the mobile home park where the used mobile home or manufactured home to which the limited resale license will apply is located; and

     (c) An affidavit stating that the applicant:

          (1) Owns or leases the mobile home park, if the applicant is the landlord of the mobile home park; or

          (2) Is an employee of the landlord and has the written permission of the landlord to sell the used mobile home or manufactured home, if the applicant is the manager of the mobile home park.

     2.  Except as otherwise provided in subsection 3, an applicant who submits an application for a limited resale license to the Division within 2 years after submitting a previous application for such a license is not required to submit a copy of the business license for the manufactured home park where the used mobile home or manufactured home to which the limited resale license will apply is located.

     3.  If a landlord or manager of a mobile home park has applied for or holds a limited resale license and the landlord of the mobile home park changes the name or address of the mobile home park, the landlord or manager shall submit to the Division a copy of the business license which indicates the new name or address of the mobile home park not later than 10 days after the local government issues such a business license.

     (Added to NAC by Mfd. Housing Div. by R036-03, eff. 9-24-2003; A by R192-05, 9-18-2006; R126-08, 12-17-2008)

      NAC 489.780  Limited resale license: Issuance; validity; termination of employment of manager. (NRS 489.231, 489.336)

     1.  Upon receipt of an application for a limited resale license, the fee required by NAC 489.775 and any other information required by the Division, the Division will approve the application and issue to the applicant a limited resale license, unless the Division determines that the applicant is not fit to conduct the sale of the used mobile home or manufactured home identified in the application.

     2.  A limited resale license issued by the Division is valid only for the purpose of selling the used mobile home or manufactured home identified in the application for the license and for which the applicant submitted:

     (a) A copy of the certificate of title or certificate of ownership of the used mobile home or manufactured home;

     (b) A copy of the notice of lien, the notice of sale by auction or the lien satisfaction form; and

     (c) Any other information deemed necessary by the Division.

     3.  If a landlord of a mobile home park terminates the employment of a manager of the park who has applied for or holds a limited resale license, the landlord shall, as soon as practicable, provide written notice of the termination to the Division and the application or license of the manager becomes invalid.

     (Added to NAC by Mfd. Housing Div. by R036-03, eff. 9-24-2003; A by R126-08, 12-17-2008)

      NAC 489.785  Records of sales: Maintenance; contents; availability. (NRS 489.231, 489.336)

     1.  A landlord of a mobile home park shall maintain a permanent record of each sale of a used mobile home or manufactured home located in the mobile home park that is authorized pursuant to a limited resale license. The record must include:

     (a) A copy of the certificate of title or certificate of ownership of the used mobile home or manufactured home;

     (b) A copy of the purchase agreement;

     (c) A copy of any financing agreement related to the sale;

     (d) The date on which the landlord received the money from the sale and the name of the person from whom the landlord received the money;

     (e) The date of deposit of the money received from the sale into an account in a financial institution and the dates of any withdrawals of that money from that account; and

     (f) Any other pertinent information concerning the sale.

     2.  The records maintained pursuant to subsection 1 must be made available at reasonable times for audit or inspection by the Administrator or his or her agent.

     (Added to NAC by Mfd. Housing Div. by R036-03, eff. 9-24-2003)

      NAC 489.790  Form of purchase contract; statutory liens; implied warranty. (NRS 489.231, 489.336, 489.7152)

     1.  A licensee shall use the form of purchase contract prescribed by the Division pursuant to NRS 489.7152 for the sale of a used mobile home or manufactured home by the licensee.

     2.  The sale of a used mobile home or manufactured home by a licensee must comply with the provisions of NRS 108.265 to 108.360, inclusive.

     3.  A landlord of a mobile home park is subject to the provisions of NRS 489.751 for each sale of a used mobile home or manufactured home by a licensee.

     (Added to NAC by Mfd. Housing Div. by R036-03, eff. 9-24-2003; A by R192-05, 9-18-2006)