CHAPTER Saf-C 3300  RULES FOR MODULAR BUILDINGS AND BUILDING COMPONENTS

 

Statutory Authority:  RSA 205-C:4

 

PART Saf-C 3301  PURPOSE AND SCOPE

 

Saf-C 3301.01  Purpose.  The purpose of these rules is to implement the objectives of RSA 205-C:4 for modular buildings.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3301.02  Applicability.  These rules shall apply to modular buildings as defined in RSA 205-C:1, XI which are designed for installation on permanent foundations.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3301.03  Effect of These Rules.  Nothing contained herein shall be construed to relieve a person from abiding by statutory law.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

PART Saf-C 3302  DEFINITIONS

 

Saf-C 3302.01  Definition of Terms.  The following terms shall be construed in these rules as set forth below:

 

(a)  "Approved third party inspection agency” means "approved third party inspection agency" as defined in RSA 205-C:1, I.

 

(b)  "ASTM E 541-84" means the standard criteria for agencies engaged in system analysis and compliance assurance for manufactured building.

 

(c)  "Building component" means "building component" as defined in RSA 205-C:1, III.

 

(d)  "Building system" means the method of constructing modular buildings or building components including the design, materials and fabrication process described by drawings, specifications and other documentation which establishes a set of limits which meet building codes, standards and the requirements of these rules for the type of modular building or building component, which might include structural, electrical, mechanical, plumbing, fire protection systems and other systems affecting health and safety.

 

(e)  "Certification" means "certification" as defined in RSA 205-C:1, IV.

 

(f)  "Closed construction" means "closed construction" as defined in RSA 205-C:1, V.

 

(g)  "Dealer" means any person who sells, leases, or erects modular buildings which have been certified under this chapter.

 

(h)  "Defect" means a failure to comply with an applicable safety and construction standard that renders the modular building or building component not fit for the ordinary use for which it was intended, but does not result in an unreasonable risk of injury or death to occupants of the affected modular building or building component.

 

(i)  "Department" means "department" as defined in RSA 205-C:1, VI.

 

(j)  "Installation" means "installation" as defined in RSA 205-C:1, VII.

 

(k)  "Imminent safety hazard" means a condition that presents an immediate and unreasonable risk of death or severe personal injury that might be related to failure to comply with an applicable construction or safety standard.

 

(l)  "Label" means "label" as defined in RSA 205-C:1, VIII.

 

(m)  "Local enforcement agency" means "local enforcement agency" as defined in RSA 205-C:1, IX.

 

(n)  "Manufacturing facilities" means "manufacturing facilities" as defined in RSA 205-C:1, X.

 

(o)  "Modular building" means "modular building" as defined in RSA 205-C:1, XI.

 

(p)  “Modular building code” means “modular building code” as defined in RSA 205-C:1, II.

 

(q)  "Module" means a 3 dimensional volumetric building element which makes up a major portion of a manufactured building.  It is closed construction and generally contains finished or nearly finished habitable space.

 

(r)  "National electrical code" means "national electrical code" as defined in RSA 155-A:1, IV.

 

(s)  "Noncompliance" means the failure of a manufactured home to comply with a construction standard or safety standard that does not constitute a defect, serious defect or imminent safety hazard.

 

(t)  "Person" means "person" as defined in RSA 205-C:1, XIII.

 

(u)  "Quality assurance" means the process of ensuring that modular buildings or building components are constructed in compliance with applicable codes, standards, rules and laws.

 

(v)  "Quality assurance program" means the manufacturer's building system, including directly related quality and process controls, for assuring compliance with applicable codes, standards, rules and laws.

 

(w)  "Quality assurance manual" means the document prepared by the manufacturer detailing the methods, procedures and systems employed in the quality assurance program.

 

(x)  "Serious defect" means any failure to comply with an applicable construction for safety standard that renders the modular building or building component unfit for occupancy.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8012, eff 12-19-03

 

PART Saf-C 3303  CODES, RULES AND CONDUCT OF HEARINGS

 

Saf-C 3303.01  Codes Applicable to Modular Buildings. 

 

(a)  All modular buildings and building components installed in New Hampshire shall conform to the following codes:

 

(1)  The modular building code; and

 

(2)  The national electrical code.

 

(b)  Notwithstanding (a) above, stairs for one and 2 family dwellings shall comply with the following:

 

(1)  Section R314 of the 2000 edition of the International Residential Code; or

 

(2)  The following configuration:

 

a.  The maximum riser height shall be 8 1/4 inches and the minimum tread depth shall be 9 inches.

 

b.  The riser height shall be measured vertically between leading edges of the adjacent treads. 

 

c.  The tread depth shall be measured horizontally between the vertical planes of the foremost projection of adjacent treads and at a right angle to the tread's leading edge.

 

d.  The walking surface of treads and landings of a stairway shall be sloped no steeper than one vertical unit in 48 units horizontal (2% slope).

 

e.  The greatest riser height within any flight of stairs shall not exceed the smallest by more than 3/8 inch (9.5 mm).

 

f.  The greatest tread depth within any flight of stairs shall not exceed the smallest by more than 3/8 inches (9.5 mm).

 

Source.  #5439, eff 7-24-92; ss by #6325, eff 8-24-96; ss by #6885, eff 11-18-98; amd by #8012, eff 12-19-03; ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3303.02  Administrative Rules.

 

(a)  Modular buildings and building components shall conform to the following administrative rules, as applicable:

 

(1)  The state fire code, Saf-C 6000;

 

(2)  The state plumbing code, Plu 700;

 

(3)  The architectural barrier free design code, Abfd 300; and

 

(4)  The code for energy conservation and amendments adopted pursuant to RSA 155-D:10.

 

Source.  #5439, eff 7-24-92; amd by #5935, eff 12-20-94; amd by #6810, INTERIM, eff 7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98; ss by #8741, INTERIM, eff
11-18-06, EXPIRES: 5-17-07

 

Saf-C 3303.03  Amendments.  If codes are updated or rules are amended, each manufacturer shall have 180 days following the effective date to modify its building systems, as necessary for compliance.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3303.04  Local Building Requirements.

 

(a)  The local building official may notify the department in writing of any amendments to the local building code or relevant ordinances which are more restrictive than the code and rules specified in Saf-C 3303.01 and Saf-C 3303.02.

 

(b)  Upon receipt of notification from a local building official, the department shall notify agencies in writing of any amendments to local building codes with more restrictive provisions than the code and rules specified in Saf-C 3303.01 and 3303.02.  The inspection agencies shall be responsible for assuring that modular buildings and building components conform to the more restrictive local requirements.

 

Source.  #5439, eff 7-24-92; amd by #5935, eff 12-20-94; amd by #6810, INTERIM, eff 7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98; ss by #8741, INTERIM, eff
11-18-06, EXPIRES: 5-17-07

 

Saf-C 3303.05  Administrative Hearings.

 

(a)  Saf-C 200 shall apply to hearings held pursuant to these rules.

 

(b)  A hearings examiner shall determine whether to suspend or revoke as specified in Saf-C 3305 or other actions under these rules based on the following criteria:

 

(1)  The severity of the violation; and

 

(2)  Whether there were prior violations.

 

(c)  The fire marshal or his designee may request that the bureau of hearings immediately suspend for the following violations:

 

(1)  Gross violations which create a safety hazard;

 

(2)  Felony conviction(s) of the corporation where the circumstances of the case indicate that there is a threat to public safety:

 

(3)  Failure to permit inspection of facilities where there is an indication that there is a threat to public safety if the facility continues to operate;

 

(d)  Pursuant to RSA 541-A:30, III, agencies suspended pursuant to (b), above, shall be scheduled for a hearing within 10 days of the immediate suspension. 

 

(e)  Failure to appear for the hearing in (c), above, shall result in a continued suspension unless a continuance has been granted pursuant to Saf-C 203.05.

 

Source.  #6885, eff 11-18-98; ss by #8741, INTERIM, eff
11-18-06, EXPIRES: 5-17-07

 

PART Saf-C 3304  APPROVAL OF THIRD PARTY INSPECTION AGENCIES

 

Saf-C 3304.01  Inspection Delegated.  The department shall delegate to agencies authorization to inspect, issue and attach labels to modular buildings and building components.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3304.02  Requirements for Application Submission.  An agency seeking approval shall submit an application to the department which includes the following:

 

(a)  The articles of incorporation of the agency and any amendments thereto, as filed in the state of incorporation.

 

(b)  The bylaws of the organization, if any.

 

(c)  The names, addresses, and business of all members of the board of directors and officers.

 

(d)  Certification by the agency that:

 

(1)  Its board of directors, as a body and its technical personnel, as individuals, shall exercise independent judgment;

 

(2)  Its activities shall not result in financial benefit to the agency through stock ownership, or other financial interests in any producer, supplier, or vendor of products involved, other than through standard published fees for services rendered; and

 

(3)  The third party agency shall not perform design or quality assurance program approvals for any manufacturer whose design or quality assurance program has been created in whole or in part by members of the third party agency or any affiliated organization.

 

(e)  The names, education, years of experience, and states in which professionally registered, of the administrator(s) of third party programs.  Registration in more than one state shall not be required.

 

(f)  The names and years of experience of employees conducting review of drawings, specifications and quality assurance programs.

 

(g)  A chart showing management and supervisory persons, including the number of professional engineers and architects, and the names of all consulting engineers or architects, designating which are full-time and which are part-time engineers.

 

(h)  The number and location of factory inspectors, supervisors, and other technicians, including evaluators of factory inspectors and the qualifications of each specialized group, including:

 

(1)  Records of work experience;

 

(2)  Licenses held;

 

(3)  Descriptions of the type of work each group and each technician is expected to perform; and

 

(4)  The qualifications of each group and each technician to perform the work assigned.

 

(i)  A statement from the agency that all inspectors, evaluators, and other technicians are trained to do each job assigned to them.

 

(j)  An outline of the general procedures for supervision of inspectors and evaluators, including checking and evaluating their work.

 

(k)  A list of all engineers, technicians, and other personnel who shall perform services for the organization, but are not employees of the organization, and the relationship each has with the agency.

 

(l)  The type of products, components, structures, other items which the agency has evaluated, tested, or inspected and the number of years of experience the agency has had with each.

 

(m)  The type of codes, standards, specifications, and requirements in which the agency has had experience in providing evaluations, inspections, or testing services, and the number of years of experience with each.

 

(n)  A description of the record-keeping system the agency proposes to use with respect to availability of records to the department and the agency's capacity to render reports to the department.

 

(o)  A description of the frequency with which the agency performs inspections or evaluations.

 

(p)  A list of the states in which the agency is now approved to inspect and evaluate modular buildings or building components.

 

(q)  A certification that the agency is able to evaluate modular buildings and building components for compliance with the codes, standards, laws and rules.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3304.03  Application Review.

 

(a)  Prior to a full evaluation of an agency's requesting approval, the department shall determine whether the application is complete.

 

(b)  If an application is found to be incomplete for processing, the applicant shall be notified in writing within 30 calendar days of the date the application is received by the department.

 

(c)  If the application is found to be complete, the applicant shall be notified in writing within 30 calendar days and an evaluation shall be conducted within 60 calendar days of the date the application was received by the department.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3304.04  Department Procedures.

 

(a)  After reviewing an agency's application, the department shall conduct an on-site inspection of the agency's place of business and testing facilities.

 

(b)  The department shall approve agencies which have submitted the information required by Saf-C 3304.02 and meet the requirements of ASTM E-541-84.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3304.05  Disapproval.  If an agency is not approved, the department shall return the application to the applicant with a written explanation of the reasons for the disapproval.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3304.06  Approval.  Approval of agencies shall be evidenced by a letter to the agency which indicates approval and states specifically the functions which the applicant shall perform.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3304.07  Continued Approval of Third Party Inspection Agency.

 

(a)  The department shall visit each agency during its business hours with or without prior announcement, in order to monitor the agency.

 

(b)  The department shall make unannounced visits when there is good cause to suspect violations of RSA 205-C or these rules.  Good cause shall include, but not be limited to, receipt of a complaint from a customer, building inspector, fire chief, contractor, or state fire inspector that an agency is not meeting the requirements of RSA 205-C or these rules.

 

(c)  Each examination shall review the adequacy of all evaluation procedures including engineering evaluation of drawings, specifications and test results, testing and analysis of compliance assurance programs.

 

(d)  All data and reports concerning the examination shall be kept on file at the department.

 

(e)  Copies of the reports shall be sent to the agency.  Agencies shall be specifically notified of failures to comply with the standards set by ASTM E-541-84 and the deadline for eliminating the deficiencies.

 

(f)  Approval of an agency shall be revoked after a hearing if the deficiencies are not corrected.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98; ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3304.08  Unannounced Monitoring at Manufacturer's Place of Business.

 

(a)  The department shall monitor each agency, at any time during a work day, with or without prior announcement, at a manufacturer's place of business, to examine the performance of each agency and the manufacturer's compliance with their quality assurance program.

 

(b)  The department shall make unannounced visits when there is good cause to suspect violations of RSA 205-C or these rules.  Good cause shall include, but not be limited to, receipt of a complaint from a customer, building inspector, fire chief, contractor, or state fire inspector that a manufacturer or an agency is not meeting the requirements of RSA 205-C or these rules.

 

(c)  Each examination shall investigate the procedures used by the agency while monitoring activities conducted at the manufacturer's place of business, including:

 

(1)  Personnel selection;

 

(2)  Training;

 

(3)  Supervision;

 

(4)  Reporting accuracy;

 

(5)  Use of approved documents;

 

(6)  Evaluation of reports;

 

(7)  Decision criteria; and

 

(8)  All other activities which measure the effectiveness of the manufacturer's program.

 

(d)  The results of the examination shall be kept on file at the department.

 

(e)  Copies of the reports shall be provided to the manufacturer and sent to the agency.

 

(f)  The agency shall be specifically notified of any deficiencies and the period of time in which the deficiencies shall be eliminated.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

PART Saf-C 3305  REVOCATION OR SUSPENSION OF THIRD PARTY INSPECTION AGENCY'S APPROVAL

 

Saf-C 3305.01  Hearing.  After investigation, if the department determines that an agency has fallen out of compliance with the ASTM E-541-84, the department shall notify the approved third party inspection agency and the bureau of hearings shall schedule a hearing to determine whether approval shall be suspended or revoked.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3305.02  Grounds.  After a hearing, the department shall suspend or revoke the approval of an agency if the approval was issued on the basis of incorrect information or issued in violation of these rules, or if the approved third party inspection agency refuses to comply with the rules or applicable statutes.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3305.03  Notice of Revocation or Suspension.  If the department suspends or revokes the approval of an agency, the agency shall be given notice of the revocation with the reasons set forth therein.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3305.04  Return of Labels and Documentation.  An agency shall, within 30 calendar days of the suspension or revocation, deliver all labels, label devices and all other materials issued by the department, to the department.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3305.05  Temporary Arrangement to Continue Manufacturing.  The department, on the request of any manufacturer affected by the suspension or revocation of an agency's approval, shall establish a temporary arrangement by which the manufacturer may continue to manufacture, sell, lease, deliver, and install modular buildings or building components until arrangements are completed to utilize another agency.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

PART Saf-C 3306  MODULAR BUILDING AND BUILDING COMPONENT MANUFACTURERS

 

Saf-C 3306.01  Manufacturer Approval.

 

(a)  The following steps shall be taken to certify modular building and building component manufacturers:

 

(1)  A manufacturer shall submit, to an agency, a building system as specified in Saf-C 3307, and quality assurance program as specified in Saf-C 3308, for its modular building(s) and building components for evaluation and approval;

 

(2)  After evaluating and approving the building system and quality assurance program, the agency shall inform the department in writing which shall include a statement that the building system has been evaluated and conforms with the required codes, standards, rules and laws;

 

(3)  If a determination cannot be made from the drawings, specifications, and documentation prepared in accordance with applicable codes, standards, laws and rules, the approved third party inspection agency shall accept tests which utilize the test standards of the International Residential Code 2000 to evaluate the building system;

 

(4)  After receiving an agency's notification as specified in (2) above, the department shall assign a manufacturer's code number and notify the manufacturer and approved third party inspection agency of the manufacturer's code number; and

 

(5)  The manufacturer and the agency shall maintain a copy of the approved building system and quality assurance program and any amendments for a period of not less than 5 years.

 

(b)  Vocational institutes with department of education accredited building programs shall be exempt from paragraph (a) if:

 

(1)  No more than 2 complete modular buildings are produced per year; and

 

(2)  Plans are submitted to the department for review and approval prior to construction.

 

(c)  Upon receipt of plans submitted to the department, pursuant to (b)(2) above, for review and approval, the department shall:

 

(1)  Conduct a minimum of 2 in-process inspections;

 

(2)  Require the buildings to meet the applicable codes specified in Saf-C 3303.01 and

 

(3)  Label the completed product as specified in Saf-C 3309.05, if the applicable codes in Saf-C 3303.02 are met.

 

Source.  #5439, eff 7-24-92; amd by #5935, eff 12-20-94 ss by #6810, INTERIM, eff 7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98; amd by #8012, eff 12-19-03; ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3306.02  Manufacturer Variation.

 

(a)  An approved building system, and any approved amendment, shall not be varied in any way that shall affect structural integrity or that does not conform to codes, standards, laws and rules, without prior evaluation and approval as specified in Saf-C 3307.

 

(b)  A manufacturer shall maintain a record of all variations to an approved building system or any amendments which have been approved as specified in Saf-C 3307.02, for a period of not less than 5 years after the variations have been made.

 

(c)  The records required by (b) above shall include at least the following:

 

(1)  A description of the variation;

 

(2)  Statement of compliance with the codes, standards, laws and rules;

 

(3)  Date of approval; and

 

(4)  Identification of the location within the modular building or building component where the variation was incorporated.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3306.03  Notice of Deficiency.

 

(a)  The department or an agency shall notify a manufacturer with an approved building system of a deficiency in its building system which, if not corrected, shall result in a denial of the approval of the building system.

 

(b)  The notification shall be in writing and shall set forth the deficiency to be corrected.

 

(c)  The manufacturer, after receipt of the notification, shall have no more than 30 days to correct the deficiency. When the deficiency is corrected, the manufacturer shall receive a written statement indicating acceptance of the corrective action from the department or an agency.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3306.04  Hearing to Determine Suspension or Revocation.

 

(a)  If the manufacturer has not corrected the deficiency described in the notification, the department shall hold a hearing to determine whether the manufacturer's building system approval shall be revoked.

 

(b)  On revocation of an approval of any building system, no labels shall be attached to any modular building or building component manufactured pursuant to that building system.

 

(c)  On termination of a revocation, labels may be attached to modular buildings or building components manufactured after the date approval is reinstated.

 

(d)  Any modular building or building component manufactured during the period of revocation shall be certified if the department or the agency has inspected the modular building or building component, and is satisfied that all requirements for certification have been met.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3306.05  Post Certification Modification.

 

(a)  Certified modular buildings and building components shall not be modified by a manufacturer or dealer without prior submission of the modification to the agency for approval.

 

(b) If approval has not been received from the department prior to delivery of the modular building or modular building component, the department or an agency shall inspect the modular building modified after certification wherever it is located. The inspection shall include tests and/or destructive or non-destructive disassembly, as the department or the agency deems necessary to assure compliance with the law and these rules.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3306.06  Damage to Certified Modular Buildings.

 

(a)  The department, or agency, shall inspect a certified modular building or building component if it has been damaged after certification.  The manufacturer shall correct the damage and provide notification of its existence.

 

(b)  An irreparably damaged building shall be disposed of by the manufacturer or dealer in a manner that assures that the damaged building shall not be sold, leased, or installed in New Hampshire. The manufacturer shall remove the labels and notify the department of the disposition within 72 hours of disposal.

 

(c)  A repaired modular building shall be inspected, in accordance with Saf-C 3307.03, by the department or an agency before a certificate of occupancy is issued.  The department shall remove any labels from modular buildings or building components which are not properly repaired.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3306.07  Revocation of a Modular Building Certification.  The department shall, after a hearing, revoke certification of any modular building or building component which the department or any agency finds fails to comply with the codes, standards and rules due to a manufacturer's conduct subsequent to certification.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3306.08  Notice of Defect.

 

(a)  The department shall cause a notice of defect to be affixed, which shall have the same legal effect as the physical removal of a modular building label from a modular building or building component, and which shall remain until the modular building or building component is brought into compliance.

 

(b)  A notice of defect shall be sent or presented to the party responsible for the conditions of non-compliance. In all cases, notice shall be sent to the manufacturer of the modular building or building component involved, and the notice shall set forth the defects.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98; ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3306.09  Defect Hearing.  If the manufacturer disputes a defect, a hearing may be requested to be scheduled and held by the bureau of hearings in the department.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

PART Saf-C 3307  BUILDING SYSTEMS

 

Saf-C 3307.01  Submission of Drawings.

 

(a)  A manufacturer shall submit drawings, specifications and documents of a building system, to an agency evaluation.

 

(b)  All drawings and specifications shall bear the stamp of a New Hampshire registered architect or engineer, when required by RSA 310-A.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3307.02  General Requirements.

 

(a)  All documents submitted with the application shall be identified to indicate the manufacturer's name.

 

(b)  Structural connections and connection of systems, equipment and appliances to be performed on-site shall be identified, detailed and distinguished from work to be performed in the manufacturing facility.

 

(c)  The method of interconnection between modular buildings and building components and location of connections shall be identified.

 

(d)  Design calculations and test reports shall be submitted when requested.

 

(e)  Documents shall indicate the location of the approved label.

 

(f)  Drawings shall be dated and identified. An index shall be included which shall be used to determine the package is complete.

 

(g)  Documents shall show the:

 

(1)  Occupancy or use;

 

(2)  Area;

 

(3)  Height and number of stories;

 

(4)  Type of construction; and

 

(5)  Floor, wind, snow and seismic loads.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3307.03  Construction Details.  Documents for modular buildings and building components shall provide the data listed below:

 

(a)  Typical details, which shall include:

 

(1)  Methods of installation of modular buildings or building components on foundations and/or to each other;

 

(2)  Floor plan(s) and elevation(s);

 

(3)  Cross sections necessary to identify major building components;

 

(4)  Details of flashing including material and gauge at openings and penetrations through roofs and subcomponent connections;

 

(5)  Attic access and attic ventilation, when required by code;

 

(6)  Exterior wall, roof, and soffit material;

 

(7)  Interior wall and ceiling material;

 

(8)  Barrier free provisions, if applicable;

 

(9)  Sizes, locations, and types of doors and windows; and

 

(10)  Foundation plans, vents, and underfloor access.

 

(b)  Fire safety details, which shall include:

 

(1)  Details of fire rated assemblies, including reference listing or test report for all:

 

a.  Stairway enclosures;

 

b.  Doors;

 

c.  Walls;

 

d.  Floors;

 

e.  Ceilings;

 

f.  Partitions;

 

g.  Columns;

 

h.  Roof; and

 

i.  Other enclosures;

 

(2)  Means of egress, including details of:

 

a.  Aisles;

 

b.  Exits;

 

c.  Corridors;

 

d.  Passageways; and

 

e.  Stairway enclosures;

 

(3)  Flame spread and smoke development classification of interior finish materials;

 

(4)  Location of required draftstops and firestops;

 

(5)  Opening protectives in fire resistance rated systems and assemblies; and

 

(6)  Drawings of fire suppression systems, standpipes, fire alarms, and detection systems, when required.

 

(c)  Structural details, which shall include:

 

(1)  Calculations of structural members and test results, except where compliance can be demonstrated through code tables, handbooks, and listing document;

 

(2)  Details of structural elements, including framing, spacing, size, and connections;

 

(3)  Grade, type, and specifications of materials;

 

(4)  Schedule of roof, floor, wind, and seismic loads on which design is based; and

 

(5)  Column loads and column schedule.

 

(d)  Mechanical details which shall include:

 

(1)  Location of all equipment, appliances, and baseboard radiation units;

 

(2)  Equipment and appliance listing and labeling agencies;

 

(3)  Energy conservation calculations;

 

(4)  Make, model number, and input/output rating of all equipment and appliances;

 

(5)  Duct and register locations, sizes, and materials;

 

(6)  Method of providing combustion air, if required; and

 

(7)  Location of flues, vents, and chimneys; clearances from air intakes, combustible materials, and other vents and flues.

 

(e)  Plumbing details, which shall include:

 

(1)  Schematic drawing of the:

 

a.  Plumbing layout, including the size of piping, fittings, traps and vents;

 

b.  Cleanouts and valves; and

 

c.  Gas, water, and drainage systems; and

 

(2)  Plumbing materials, which shall include:

 

a.  Location of all equipment, appliances, and safety controls to be used;

 

b.  Make, model, rating, and capacity of equipment and appliances; and,

 

c.  Equipment and appliance listing or labeling agencies.

 

(f)  Electrical details which shall include:

 

(1)  Service equipment;

 

(2)  Method of grounding service equipment;

 

(3)  Load calculations for service and feeders;

 

(4)  Sizes of branch circuit conductors;

 

(5)  Size, rating and location of main disconnect and over current protective devices; and

 

(6)  Location of outlets, junction boxes, fixtures and appliances.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

PART Saf-C 3308  QUALITY ASSURANCE PROGRAM

 

Saf-C 3308.01  Submission of Program for Approval.  The manufacturer's quality assurance program shall be evaluated and approved by an agency.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3308.02  Required Program Coverage.

 

(a)  The quality assurance program shall cover the following areas:

 

(1)  Materials control;

 

(2)  Production control;

 

(3)  Finished product control; and

 

(4)  Installation instructions.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

PART Saf-C 3309  LABELS

 

Saf-C 3309.01  Certification.

 

(a)  The manufacturer of modular buildings or building components shall certify that the building conforms with the provisions of RSA 205-C and these rules.

 

(b)  Manufacturer certification shall be evidenced by the attachment of a label to each approved modular building or building component.

 

(c)  The department shall certify existing modular buildings or building components which are relocated into the state, or relocated from one municipality to another within the state, if they conform to the provisions of RSA 205-C and these rules.

 

(d)  Department certification shall be evidenced by the attachment of a label to each approved modular building or building component.

 

Source.  #5439, eff 7-24-92; amd by #5935, eff 12-20-94; ss by #6810, INTERIM, eff 7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98; ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3309.02  Modular Building Label.  Each modular building or building component which is approved pursuant to RSA 205-C and these rules shall have a label permanently attached in a visible location which cannot be removed without destroying the label.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3309.03  Label Information.  Labels shall contain the following information:

 

(a)  The statement "This label certifies that this modular building or building component has been manufactured in accordance with an approved building system and quality assurance program and is approved by the State of New Hampshire";

 

(b)  Label serial number;

 

(c)  The words "See Data Plate"; and

 

(d)  The words "This label was issued by the New Hampshire Department of Safety".

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3309.04  Issuance of Labels.

 

(a)  Labels shall be issued by the department.

 

(b)  Agencies shall order labels from the department on form DSFS-54.

 

(c)  Form DSFS-54 shall include the following:

 

(1)  Agency identification number;

 

(2)  Name of agency;

 

(3)  Address of agency;

 

(4)  Date of the request; and

 

(5)  Signature of an authorized representative of the agency.

 

(d)  Labels shall be sent to the agency, return receipt requested.

 

(e)  Upon issuing a label the agency shall forward to the department the label fee, specified in Saf-C 3310.01, paid for by the manufacturer.

 

Source.  #5439, eff 7-24-92; amd by #5935, eff 12-20-94; ss by #6810, INTERIM, eff 7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98; ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3309.05  Required Number of Labels.

 

(a)  Each module of a modular building shall have a separate label.

 

(b)  Each building component shall have one label for each increment, or part thereof, of 500 square feet of building floor area.

 

(c)  Previously labeled modular buildings or building components which are relocated into the state, or from one municipality to another within the state, shall be re-inspected and re-labeled.

 

Source.  #5439, eff 7-24-92; amd by #5935, eff 12-20-94; ss by #6810, INTERIM, eff 7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98; ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3309.06  Attachment.

 

(a)  The agency shall assume responsibility for attaching labels to modular buildings or building components manufactured in accordance with an approved building system.

 

(b)  The agency may delegate the responsibility of attaching labels to modular buildings or building components to the manufacturer.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3309.07  Records.

 

(a)  Records shall be kept by the manufacturer and the agency for at least 5 years.

 

(b)  The records required by (a), above shall indicate:

 

(1)  The number of labels applied to modular buildings and building components;

 

(2)  Which labels, based on serial number, have been applied to which modular buildings or building components;

 

(3)  Disposition of any damaged or rejected labels; and

 

(4)  The location and custody of all unused labels.

 

(c)  A copy of records pertaining to the use of labels shall be sent to the department on a monthly basis.

 

Source.  #5439, eff 7-24-92; amd by #5935, eff 12-20-94; ss by #6810, INTERIM, eff 7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98; ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3309.08  Manufacturer's Data Plate.

 

(a)  The following information shall be on the permanent manufacturer's data plate located in the vicinity of the label:

 

(1)  Name and address of manufacturer;

 

(2)  Manufacturer's serial number;

 

(3)  Manufacturer's plan approval designation-model number and name;

 

(4)  Construction classification;

 

(5)  Occupancy classification, use group;

 

(6)  Seismic zone;

 

(7)  Wind velocity load;

 

(8)  Roof live load;

 

(9)  Floor live load;

 

(10)  Fire rating for exterior walls, if applicable;

 

(11)  Thermal transmittance values, and

 

(12)  Date of manufacture.

 

(b)  If the shape or size of a modular building or building component is such that the data plate cannot be attached to it permanently, the information shall be placed in a manual crated with the component or on a tag attached to the crate in which the component is shipped.  The manual or tag shall be presented to the owner on transfer of possession.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3309.09  Label Disposition.

 

(a)  Following the revocation of a building system approval, all labels assigned for use in certifying modular buildings or building components shall be returned to the department or agency within 48 hours.

 

(b)  The agency shall immediately discontinue attaching labels to any modular building or building component produced by the manufacturer, until action has been taken to correct the deficiency that led to the revocation.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

PART Saf-C 3310  FEES

 

Saf-C 3310.01  Label Fee.

 

(a)  A fee of $50 shall be charged by the department for each label.

 

(b)  Lost or mutilated labels shall be replaced at a cost of 50 percent of the original label fee.

 

Source.  #5439, eff 7-24-92; amd by #5935, eff 12-20-94; amd by #6810, INTERIM, eff 7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98; ss by #8741, INTERIM, eff
11-18-06, EXPIRES: 5-17-07

 

Saf-C 3310.02  Fee for Approved Third Party Inspection Agency.  On initial approval of an agency, the agency shall submit a fee of $650 to the department.

 

Source.  #5439, eff 7-24-92; ss by #5935, eff 12-20-94; ss by #6885, eff 11-18-98; ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3310.03  Annual Renewal Fee for Approved Third Party Inspection Agency.  The annual renewal fee for an agency shall be $500.

 

Source.  #5439, eff 7-24-92; ss by #5935, eff 12-20-94; ss by #6885, eff 11-18-98; ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3310.04  Fee for Approved Manufacturer.  On initial approval of a manufacturer, the manufacturer shall submit a fee of $650 to the department.

 

Source.  #5439, eff 7-24-92; ss by #5935, eff 12-20-94; ss by #6885, eff 11-18-98; ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3310.05  Annual Renewal Fee for Approved Manufacturer.  The annual renewal fee for an approved manufacturer shall be $500.

 

Source.  #5439, eff 7-24-92; ss by #6234, eff 4-27-96; ss by #6885, eff 11-18-98; ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3310.06  Late Fees.  Any agency or approved manufacturer that pays the renewal fee:

 

(a)  30 - 90 days after the annual anniversary date of approval shall be charged a $50.00 fee in addition to the annual renewal fee; or

 

(b)  91 - 365 days after the annual anniversary date of approval shall be charged a $100 fee in addition to the annual renewal fee;

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3310.07  Suspension of Approval.  Failure to complete the annual renewal process within 30 days of the annual anniversary date, shall result in a suspension of the approval.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98; ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3310.08  Failure to Pay Renewal Fee.  Any agency or approved manufacturer that fails to pay the renewal fee within one year of the annual anniversary date shall reapply and be examined as an initial approval.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3310.09  On-Site Inspection Expense.

 

(a)  Pursuant to RSA 205-C:6, on-site inspections performed by the department as required by Saf-C 3304.04(a) shall be at the expense of the agency.

 

(b)  Reimbursement rates shall be the standard rates determined by the State of New Hampshire pursuant to any applicable collective bargaining agreement or as specified by rule.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98; ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3310.10  Fee for Reinspection of Relocated Modular Buildings or Building Components.  A rate of $50.00 an hour, plus mileage, shall be assessed for the reinspection and relabeling of previously labeled modular buildings or building components which are relocated into the state, or from one municipality to another within the state.

 

Source.  #5935, eff 12-20-94; ss by #6885, eff 11-18-98; ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

PART Saf-C 3311  LOCAL ENFORCEMENT

 

Saf-C 3311.01  Building Permits for Certified Modular Buildings.

 

(a)  Applications for building permits for modular buildings and building components shall, in addition to any other requirements, contain:

 

(1)  A statement that the work performed under the building permit shall include the installation of a certified modular building or building component meeting the requirement of these rules,

 

(2)  The signature of the applicant or his agent, and their address.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3311.02  Notice to Local Enforcement Agency.  The owner or owner's agent of the modular building or building component shall notify the local building official at least 72 hours in advance of the date of erection of the certified modular building or building component.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98; ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3311.03  Destructive Disassembly.

 

(a)  Destructive disassembly of certified modular buildings and building components shall not be performed in order to conduct tests or inspections, with the exception of post certification modification as specified by Saf-C 3306.05 (b).

 

(b)  Standards or test criteria, different from those adopted by the department or duly adopted local ordinances, shall not be imposed.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3311.04  Non-destructive Disassembly.

 

(a)  Non-destructive disassembly shall be performed only to the extent of opening access panels and cover plates; and

 

(b)  Systems tested during the manufacturing process shall not be subjected to retesting at the building site.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

PART Saf-C 3312  COMPLAINTS

 

Saf-C 3312.01  Consumer Complaints.

 

(a)  The department shall investigate complaints concerning an alleged defect in construction, heating, wiring, or plumbing in any building bearing a modular building label which was sold, leased, or installed in the state.

 

(b)  The investigation shall be initiated within 30 days of receipt of the complaint by the department.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3312.02  Complaint Procedure.

 

(a)  All complaints concerning a modular building or building component shall be filed with the department on DSFS 48 - Modular Building Complaint Form.

 

(b)  The following information shall be included on DSFS 48:

 

(1)  Name, address and telephone number of complainant;

 

(2)  Location of modular building;

 

(3)  Name, address and telephone number of company complained about;

 

(4)  Brief explanation of complaint;

 

(5)  Signature of complainant and date; and

 

(6)  Label number and manufacturer's serial number.

 

(c)  When the department receives a complaint indicating the possible existence of a defect in a modular building or building component, the complaint shall be reviewed to determine:

 

(1)  Where and by whom the unit was manufactured;

 

(2)  Whether more than one modular building or building component is involved.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3312.03  Complaint Validity Determination.

 

(a)  After a physical inspection by the department's investigators, an agency, or local official, the department shall determine if the alleged defect constitutes a failure to comply with the codes, standards, laws or rules.

 

(b)  The department shall forward a copy of the complaint(s) to the manufacturer and the agency, of the modular building or building component.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3312.04  Actions Following Complaint Validity Determination.

 

(a)  If the department determines that the defect alleged in the complaint constitutes a failure by the manufacturer to comply with the applicable codes, standards, laws and rules, the department shall notify the manufacturer in writing, of the modular building or building component involved.

 

(b)  On receipt of the notice, the agency and the manufacturer shall furnish the department, to the extent their records allow, the names and addresses of all persons who have purchased similar modular buildings or building components.

 

(c)  The department or its agents shall investigate similar modular buildings or building components to determine whether the defect occurred in other units.

 

(d)  If the investigation of similar modular buildings or building components shows a recurring defect, the department shall require the manufacturer to correct the defect within 90 days.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3312.05  Notification - Manufacturer.

 

(a)  Every manufacturer of modular buildings or building components who offers buildings for sale, lease, delivery, introduction or importation into this state, shall furnish notice of any defect in a modular building or building component which relates to non-compliance with applicable codes, standards, laws and rules or which constitutes a safety hazard, to an occupant of a modular building or building component.

 

(b)  The notification shall be accomplished in accordance with the following:

 

(1)  A notice shall be sent within 20 days by mail to the first purchaser of a modular building or building component, other than a dealer of the manufacturer, and to any known subsequent purchaser;

 

(2)  A notice shall be sent to the dealer of the manufacturer to whom the defective modular building or building component was delivered; and

 

(3)  A notice shall be sent to the department.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3312.06  Notification - Dealer.

 

(a)  Any person who sells, leases, or erects modular buildings or building components shall notify the department in writing, prior to finalizing any sales transaction or entering into a sales agreement, of any defect resulting from damage or modification which relates to non-compliance with the applicable codes, standards, laws and rules.

 

(b)  The requirement of notification in (a), above shall not apply to:

 

(1)  The sale or lease of a modular building or building component after the first purchase of the modular building or building component by a person for purposes other than resale; or

 

(2)  Deliveries or transportation of a modular building or building component which occur after the first installation of a modular building or building component on a permanent foundation.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 

Saf-C 3312.07  Corrections.  The person responsible for the defect shall make the necessary repairs and modifications to correct the problem within 90 days from notification of the defect.

 

Source.  #5439, eff 7-24-92; ss by #6810, INTERIM, eff
7-25-98, EXPIRES: 11-22-98; ss by #6885, eff 11-18-98;
ss by #8741, INTERIM, eff 11-18-06, EXPIRES: 5-17-07

 


 

APPENDIX

 

RULE NUMBER

STATUTE IMPLEMENTED

 

 

Saf-C 3301.01 – Saf-C 3301.03

RSA 431-A:7

Saf-C 3302.01

RSA 541-A:7

Saf-C 3303.01 (a)(1), (b) & (c)(1)

RSA 205-C:2

Saf-C 3303.01 (a)(2)

RSA 155-A:1, IV and RSA 205-C:2

Saf-C 3303.01 (b)(2)

RSA 205-C:2

Saf-C 3303.02 – Saf-C 3304

RSA 205-C:2

Saf-C 3303.05 (a)-(c), (e)

RSA 541-A:30, I-II

Saf-C 3303.05 (d)

RSA 541-A:30, III

Saf-C 3303.04.01 – Saf-C 3304.02

RSA 205-C:1, I

Saf-C 3304.03

RSA 205-C:1, I & 541-A:29

Saf-C 3304.04

RSA 205-C:1, I

Saf-C 3304.05 – Saf-C 3304.06

RSA 205-C:1, I & 541-A:29

Saf-C 3304.07 (a)-(e)

RSA 205-C:1, I

Saf-C 3304.07 (f)

RSA 205-C:1, I & RSA 541-A:30, II

Saf-C 3304.08

RSA 205-C:1, I

Saf-C 3305.01 – Saf-C 3305.03

RSA 205-C:7, III & RSA 541-A:30, I & II

Saf-C 3305.04

RSA 205-C:1, I

Saf-C 3305.05

RSA 205-C:2

Saf-C 3306.01 (a)(1) and (2); (4) and (5)

RSA 205-C:3

Saf-C 3306.01 (a)(3)

RSA 205-C:2 and RSA 205-C:3

Saf-C 3306.01 (b)-(c)

RSA 205-C:3

Saf-C 3306.02 – Saf-C 3306.03

RSA 205-C:3

Saf-C 3306.04

RSA 205-C:7, III & RSA 541-A:30, II

Saf-C 3306.05 – Saf-C 3306.06

RSA 205-C:3

Saf-C 3306.07

RSA 205-C:7, III & RSA 541-A:30, II

Saf-C 3306.08

RSA 205-C:3

Saf-C 3306.09

RSA 205-C:7, III & RSA 541-A:30, II

Saf-C 3307

RSA 205-C:2

Saf-C 3308

RSA 205-C:3

Saf-C 3309

RSA 205-C:3

Saf-C 3310

RSA 205-C:6

Saf-C 3311

RSA 205-C:2, III & RSA 205-C:7, V

Saf-C 3312.01 – Saf-C 3312.02 (a)

RSA 205-C:7, I

Saf-C 3312.02 (b)

RSA 541-A:16, I (b)(1)

Saf-C 3312.02 (c) – Saf-C 3312.04

RSA 205-C:7, 1

Saf-C 3312.05 – Saf-C 3312.07

RSA 205-C:2, RSA 205-C:3, & RSA 205-C:7, I