Section 19-7-3.03.7 - DevelopersIn order to protect the health, safety, and welfare of the public of the State of Mississippi, each applicant for a developer's license shall comply with the following requirements:
1. Demonstrate to the Commissioner that he has a good general working/ mechanical knowledge of modular home construction and repair;2. Demonstrate to the Commissioner that he has a good practical working knowledge of the manner in which modular homes are installed in accordance with the rules, regulations, and procedures that are promulgated by the Commissioner;3. Demonstrate to the Commissioner that he has or shall have adequate facilities for the repair and servicing of modular homes, for the storage of parts and accessories, and that he has at least one operable service truck. If, however, the developer is subcontracting to other entities all installation, repair, and service, then he shall provide a duplicate of the executed subcontract therefor to the Commissioner. This subcontract shall contain a clause stating that the Commissioner shall be notified in writing 30 days in advance of any cancellation of the subcontract.4. Demonstrate to the Commissioner that he has an adequate space to display his modular homes at each development site and that he has or shall maintain a permanent sales/business office within the State of Mississippi. This permanent sales/business office shall have running water and sewer facilities for public comfort and convenience, shall comply with all local ordinance signage requirements, and shall comply with the county health department regulations and other applicable safety standards for a permanent structure in the county or municipality in which it is located. If there are no municipal or county signage requirements, the developer's sign shall be at least four (4) feet by eight (8) feet in size, with lettering at least twelve (12) inches high. This sign shall be prominently located on the site for viewing by the public.5. Demonstrate to the Commissioner that he has a good general knowledge of and will comply with the requirements of the Rules and Regulations for the Uniform Standards Code for the Factory-Built Homes Law as Related to Modular Homes, (ME-2007-3), as they pertain to the responsibilities of a developer to properly safeguard the public interest. No developer shall use transportation affecting interstate or foreign commerce or the United States mail to sell, lease, or offer for sale or lease in the State of Mississippi any modular home unless the developer, acting as a reasonable developer, does not know that the modular home does not conform to applicable Standards as defined herein. This sales prohibition applies to any affected modular homes through completion of the entire sales transaction. A sales transaction with a purchaser is considered complete when all the goods and service that the developer has agreed to provide at the time the contract was entered into have been provided. Completion of a retail sale occurs at the time the developer completes setup of the modular home if the developer has agreed to provide setup; however, if the developer has not agreed to transport or setup the modular home, this sales prohibition does not apply;6. Ensure that within one (1) year of employment, all sales staff will attend eight (8) hours training and that, thereafter, they will attend an additional eight (8) hours training every three (3) years. This training must be approved and/or provided by the Factory-Built Home Division. The developer shall display current training certificates of all sales staff at the developer's current business location. The employer of the sales staff is responsible for submitting in writing to the Factory-Built Home Division a list of all sales staff, their dates of employment, and proof of the required training.7. To ensure compliance with Mississippi Code Ann., Section 75-49-9(2), it shall be the responsibility of each developer to submit an Installation Property Locator form to the Factory-Built Home Division of the State Fire Marshal's Office for each modular home that is scheduled to be delivered or installed. This Installation Property Locator form must be submitted during the regular business hours of the State Fire Marshal's Office. Further, this form must be submitted seventy-two (72) hours, (3 days), prior to delivery or installation of the modular home. The purpose of the Installation Property Locator form is to enable the Factory-Built Home Division to conduct random inspections as required by this Regulation.19 Miss. Code. R. 7-3.03.7
Miss. Code Ann. § 75-49-5 (Supp. 2013).