1. Violations. A person who violates any of the following provisions relating to manufactured housing or rules adopted by the department is subject to a civil penalty not to exceed $1,000 for each violation. Each violation constitutes a separate violation with respect to each manufactured housing unit, except that the maximum penalty may not exceed $1,000,000 for any related series of violations occurring within one year from the date of the first violation. It is a violation of this chapter for a person:
A. To manufacture for sale, lease, sell, offer for sale or lease or introduce, deliver or import into the State any manufactured housing that is manufactured on or after the effective date of any applicable federal manufactured home construction and safety standard that does not comply with that standard; [PL 2017, c. 210, Pt. B, §25 (AMD).]
B. To fail or refuse to permit access to or copying of records, fail to make reports or provide information or fail or refuse to permit entry or inspection as required by section 9065; [PL 1993, c. 642, §35 (AMD).]
C. To fail to furnish notification of any defect as required by 42 United States Code § 5414; [PL 1993, c. 642, §35 (AMD).]
D. To fail to issue a certification required by 42 United States Code § 5415 or to issue a certification to the effect that a manufactured home conforms to all applicable federal manufactured home construction and safety standards, if that person in the exercise of due care has reason to know that the certification is false or misleading in a material respect; [PL 2017, c. 210, Pt. B, §25 (AMD).]
E. To fail to establish and maintain records or make such reports and provide information as the department may reasonably require to enable it to determine whether there is compliance with the National Manufactured Housing Construction and Safety Standards Act of 1974; or fail to permit, upon request of a person duly authorized by the commissioner, inspection of appropriate books, papers, records and documents relative to determining whether a manufacturer, distributor or dealer has acted or is acting in compliance with this chapter or with the National Manufactured Housing Construction and Safety Standards Act of 1974; or [PL 1995, c. 353, §5 (AMD).]
F. To issue a certification pursuant to 42 United States Code § 5403, Paragraph (a), if the person in the exercise of due care has reason to know that the certification is false or misleading in a material respect. [PL 1993, c. 642, §35 (AMD).]

[PL 2017, c. 210, Pt. B, §25 (AMD).]

Terms Used In Maine Revised Statutes Title 10 Sec. 9066

  • Commissioner: means the Commissioner of Professional and Financial Regulation. See Maine Revised Statutes Title 10 Sec. 9061
  • Dealer: means any person engaged in the sale, leasing, or distribution of new manufactured homes primarily to persons who in good faith purchase or lease a manufactured home for purposes other than resale. See Maine Revised Statutes Title 10 Sec. 9061
  • Department: means the Department of Professional and Financial Regulation or its employees. See Maine Revised Statutes Title 10 Sec. 9061
  • Distributor: means any person engaged in the sale and distribution of manufactured homes for resale. See Maine Revised Statutes Title 10 Sec. 9061
  • Federal manufactured home construction and safety standard: means the standard for the construction, design and performance of a manufactured home that meets the needs of the public including the need for quality, durability and safety and that has been duly adopted by the Federal Government pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended by the Manufactured Housing Improvement Act of 2000, 42 United States Code § 5401, et seq. See Maine Revised Statutes Title 10 Sec. 9002
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Manufactured housing: means for the purpose of this subchapter, a structure, transportable in one or more sections, which, in the traveling mode, is 8 body feet or more in width, and 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation when connected to the required utilities, including the plumbing, heating, air-conditioning and electrical systems contained therein; except that the term shall include any structure which meets all the requirements of this subsection except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of the United States Department of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 United States Code 5401, et seq. See Maine Revised Statutes Title 10 Sec. 9061
  • Manufacturer: means any person engaged in manufacturing or assembling manufactured homes, regardless of the destination of the homes, including any person engaged in importing homes for resale. See Maine Revised Statutes Title 10 Sec. 9061
  • Person: means an individual or entity, including but not limited to a corporation, partnership, firm, organization, company, homeowner, consumer or purchaser. See Maine Revised Statutes Title 10 Sec. 9002
  • United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
  • Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Sale or offer for sale after first purchase. Subsection 1, paragraph A shall not apply to the sale or the offer for sale of any manufactured home after the first purchase of it in good faith for purposes other than resale.

[PL 1981, c. 152, §16 (NEW).]

3. Persons who did not have reason to know that the home is not in conformity with standards. Subsection 1, paragraph A does not apply to any person who establishes that the person did not have reason to know in the exercise of due care that the manufactured home is not in conformity with applicable federal manufactured home construction and safety standards or any person who, prior to the first purchase, holds a certificate by the manufacturer or importer of the manufactured home to the effect that the manufactured home conforms to all applicable federal manufactured home construction and safety standards, unless the person knows that the manufactured home does not so conform.

[PL 2017, c. 210, Pt. B, §26 (AMD).]

SECTION HISTORY

PL 1981, c. 152, §16 (NEW). PL 1983, c. 553, §46 (AMD). RR 1993, c. 1, §28 (COR). PL 1993, c. 642, §35 (AMD). PL 1995, c. 353, §5 (AMD). PL 2017, c. 210, Pt. B, §§25, 26 (AMD).
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