CHAPTER Inst 100  MANUFACTURED HOUSING INSTALLATION STANDARDS BOARD ORGANIZATIONAL RULES

 

Statutory Authority: RSA 205-D:20 and RSA 541-A

 

PART Inst 101  PURPOSE

 

          Inst 101.01  Purpose.  The purpose of these rules is to establish the procedures under which the board shall operate in implementing its statutory responsibilities created by RSA 205-D

 

Source.  #8492, eff 12-24-05

 

PART Inst 102  DEFINITIONS OF TERMS

 

          Inst 102.01  “Board” means “board” as defined in RSA 205-D:1, II.

 

Source.  #8492, eff 12-24-05

 

          Inst 102.02  “Dealer” means “dealer ” as defined in RSA 205-D:1,IV.

 

Source.  #8492, eff 12-24-05; renumbered by #10336 (formerly Inst 102.04)

 

          Inst 102.03  “Installer” means “installer” as defined in 205-D:1,IX.

 

Source.  #8492, eff 12-24-05; renumbered by #10336 (formerly Inst 102.05)

 

          Inst 102.04 “Manufacturer” means “manufacturer” as defined in RSA 205-D:1, XII.

 

Source.  #8492, eff 12-24-05; renumbered by #10336 (formerly Inst 102.06)

 

          Inst 102.05  “Manufactured housing” means “manufactured housing” as defined in RSA 205-D:1, XI.

 

Source.  #8492, eff 12-24-05; renumbered by #10336 (formerly Inst 102.07)

 

PART Inst 103  ORGANIZATION

 

          Inst 103.01  Composition of Board.

 

          (a)  Pursuant to RSA 205-D:2, I the board shall consist of 9 members who meet the eligibility requirements of RSA 205-D:2, I (a)-(h).

 

          (b)  Biennially, the board shall elect or appoint a chairperson and vice-chairperson at the first meeting of the board in a calendar year.

 

Source.  #8492, eff 12-24-05; ss by #10336, eff 5-15-13; ss by #14111, eff 1-17-25

 

          Inst 103.02  Presiding Officer.

 

          (a)  The board chairperson presides at board meetings. In the absence of the chairperson, the board vice-chairperson presides at meetings.

 

Source.  #8492, eff 12-24-05; ss by #10336, eff 5-15-13

 

          Inst 103.03  Board Committees or Members.  The board shall assign to a board committee or individual board member(s) fact finding tasks that will aid the board in meeting its statutory responsibilities.

 

Source.  #8492, eff 12-24-05; ss by #14111, eff 1-17-25

 

          Inst 103.04  Vacancy.  In the event of a vacancy a member will be appointed as provided in RSA 205-D:2, I to fill the unexpired term.  If the member is held over beyond the expiration date of the commission, a vacancy shall be deemed to have been created and the member whose term has expired shall continue to serve until replaced.

 

Source.  #8492, eff 12-24-05; ss by #10336, eff 5-15-13

 

          Inst 103.05  Office Hours, Office Location, Mailing Address, and Telephone.

 

          (a)  The board’s office shall be located at the Office of Professional Licensure and Certification, 7 Eagle Square, Concord, N.H. and shall be open to the public weekdays, excluding holidays, from 8:00 a.m. to 4:00 p.m.

 

          (b)  Correspondence shall be addressed to the:

 

Office of Professional Licensure and Certification

Manufactured Housing Installation Standards Board

7 Eagle Square

Concord, N.H. 03301

 

          (c)  The board’s telephone number shall be (603)-271-2152.

 

Source.  #8492, eff 12-24-05; ss by #10112, eff 4-14-12; ss by #14111, eff 1-17-25

 

          Inst 103.06  Duties of the Board.

 

          (a)  The statutory responsibilities of the board created by RSA 205-D:2, V and RSA 205-D:3 shall include but are not limited to:

 

(1)  Adopting rules and regulations to administer RSA 205-D in accordance with RSA 541-A;

 

(2)  Establishing licensing qualifications and standards for manufactured housing installers;

 

(3)  Setting standards for installation including but not limited to, supports, anchoring, and underpinning of manufactured houses installed in this state;

 

(4)  Establishing requirements for inspections;

 

(5)  Undertaking disciplinary proceedings in accordance with Plc 200;

 

(6)  Establishing requirements on forms as necessary; and

 

(7)  Developing and providing a program to train and educate installers or referring to a board approved program developed and taught by a private agency.

 

(8)  Developing and providing alternative dispute resolution.

 

Source.  #8492, eff 12-24-05; amd by #10336, eff 5-15-13; ss by #14111, eff 1-17-25

 

PART Inst 104  MEETINGS, DELIBERATIONS AND DECISIONS

 

          Inst 104.01  Meetings.  The board shall meet at such times as called for by the chair or by vote of the board.

 

Source.  #8492, eff 12-24-05; ss by #10112, eff 4-14-12

 

          Inst 104.02  Quorum.  A quorum of the board shall be 5 members of the board.  In the absence of chair or vice chair, the chair shall designate a pro tempore officer for the officer or officers absent.

 

Source.  #8492, eff 12-24-05; amd by #10112, eff 4-14-12; amd by #10336, eff 5-15-13; ss by #14111, eff 1-17-25

 

          Inst 104.03  Decisions.

 

          (a)  The board’s decisions shall be only after a majority vote of the members present who are eligible to vote.

 

          (b)  A board member who was present at a hearing but absent from the meeting at which a tentative decision was reached shall be eligible to vote on the final decision prepared in accordance with the board’s direction, if the member is not otherwise recused from the matter.

 

Source.  #8492, eff 12-24-05; ss by #14111, eff 1-17-25

 

PART Inst 105  PUBLIC INFORMATION

 

          Inst 105.01  Requests for Information.  Request for information and access to records shall be as described in Plc 103.

 

Source.  #8492, eff 12-24-05; amd by #10112, eff 4-14-12; ss by #14111, eff 1-17-25

 

CHAPTER Inst 200  RULES OF PRACTICE AND PROCEDURE

 

Statutory Authority:  RSA 541-A:16, I and RSA 541-A:30-a, I

 

REVISION NOTE:

 

            Document #13998, effective 8-12-24, repealed Part Inst 201 through Part Inst 216 in Chapter Inst 200, titled “Practice and Procedure”, and renamed the chapter as “Rules of Practice and Procedure”.  Document #13998 also adopted a new Part Inst 201 titled “Applicability and Waiver of Substantive Rules”, containing Inst 201.01 titled “Rules of Practice and Procedure” and Inst 201.02 titled “Waiver of Administrative Rules.” 

 

Document #13998 replaces all prior filings affecting the rules in the former Chapter Inst 200.  The prior filings included the following documents.  Italics indicate the rules were subject to expiration only pursuant to RSA 541-A:17, II:

 

#8493-A, eff 12-24-05

#8493-B, eff 12-24-05

#10113, eff 4-14-12  (Inst 208.01, Inst 208.02, Inst 212, and Inst 216 only)

#10114, eff 4-14-12 (Inst 213.01(c) and Inst 214.07(c) only)

 

 

PART Inst 201 APPLICABILITY AND WAIVER OF SUBSTANTIVE RULES

 

         Inst 201.01  Rules of Practice and Procedure.  The Plc 200 rules shall govern with regards to all procedures for:

 

         (a)  Disciplinary proceedings;

 

         (b)  Rulemaking submissions, considerations and disposition of rulemaking petitions;

 

         (b)  Public comment hearings;

 

         (d)  Declaratory rulings;

 

         (e)  Explanation of adopted rules; and

 

         (f)  Voluntary surrender of licenses.

 

Source.  (See Revision Note at chapter heading for Inst 200) #13998, eff 8-12-24

 

         Inst 201.02  Waiver of Administrative Rules.

 

         (a)  The board shall initiate a waiver of a substantive rule upon its own motion by providing affected parties with notice and opportunity to be heard, and issuing an order which finds that waiver would be necessary to advance the purpose of the rules of the board.

 

         (b)  Individuals who wish to request a waiver of a rule shall submit a written request to the board, which includes:

 

(1)  The rule for which a waiver is requested;

 

(2)  The anticipated length of time the requested waiver will be needed;

 

(3)  The reason for requesting the waiver;

 

(4)  Evidence of how the waiver will provide for the health and safety of the consumer or licensee;

 

(5)  A time-limited written compliance plan which sets forth plans to achieve compliance including an estimated date of compliance; and

 

(6)  The signature of the applicant.

 

         (c)  The board shall consider the following when determining whether to approve or deny a waiver:

 

(1)  If adherence to the rule would cause the petitioner unnecessary or undue hardship;

 

(2)  If the requested waiver is necessary because of any neglect or misfeasance on the part of the practitioner;

 

(3)  If enforcement of the rule would injure a third person(s); and

 

(4)  If waiver of the rule would injure a third person(s).

 

         (d)  The board shall approve a waiver of an administrative rule request only if:

 

(1)  Granting a waiver does not have the effect of waiving or modifying a provision of RSA 206-D;

 

(2)  The petitioner has shown good cause exists pursuant to (c) above to waive the rule; and

 

(3)  The board determines that the individual’s plans for compliance with the rule includes an estimated date of compliance and eventual compliance.

 

         (e)  If the board, after receiving and reviewing a request for a waiver, requires further information or documentation to grant or deny the waiver, the board shall:

 

(1)  Notify the applicant in writing within 30 days; and

 

(2)  Specify the information or documentation the board requires.

 

         (f)  The board shall issue a written approval or denial of the waiver within 60 days of the date the request is received, unless additional information or documentation is required.  If additional information and documentation is required, then the board shall issue a written approval or denial within 60 days of receiving the requested information or documentation.

 

Source.  (See Revision Note at chapter heading for Inst 200) #13998, eff 8-12-24

 

CHAPTER Inst 300  LICENSING REQUIREMENTS

 

PART Inst 301  INSTALLATION LICENSE

 

          Inst 301.01  License Required.  No person shall install a manufactured house in New Hampshire without a license.

 

Source.  #8494, eff 12-24-05; ss by #10115, eff 4-14-12, EXPIRED: 4-15-22

 

New.  #14112, eff 1-17-25

 

         Inst 301.02  Qualification for Licensure.  An applicant seeking to install manufactured housing in New Hampshire shall:

 

         (a)  Be 18 years of age;

 

         (b)  Have 2 years’ experience as an installer of manufactured housing under the direction of a licensed manufactured housing installer, or equivalent housing construction experience; and

 

         (c)  Have successfully completed an initial 6-hour board approved training program, pursuant to RSA 205-D:8, III, completed within the immediately preceding 3 years of the date of submission of the initial application for licensure as described in Inst 402.01(a).

 

Source.  #8494, eff 12-24-05; ss by #10115, eff 4-14-12, EXPIRED: 4-15-22

 

New.  #14112, eff 1-17-25

 

          Inst 301.03  Application Requirements.

 

         (a)  An applicant shall complete and submit the “Universal Application for Initial Licensure” required by Plc 304.01(a)(1).

 

         (b)  In addition to the application required in (a) above, the applicant for initial licensure shall complete and submit the “Installation Standards Addendum to the Universal Application for Initial Licensure” by providing the following:

 

(1)  All names the applicant has ever been known by;

 

(2)  The applicant’s employment history for the immediately proceeding 5 years, including:

 

a.  Employer’s name and address;

 

b.  Dates of employment; and

 

c.  Nature of employer’s business; and

 

(3)  The names, addresses, and phone numbers of 3 references of persons unrelated to the applicant who:

 

a.  Has personal knowledge of the applicant’s professional character or reputation;

 

b.  Can attest to the reputation, character, honesty, ethics, and technical competence of the applicant; and

 

c.  Has professional knowledge of manufactured housing, building construction, banking, or other relevant field.

 

         (c)  The application for initial licensure shall be processed in accordance with Plc 304.06 through Plc 304.10.

 

         (d)  An applicant shall submit the following with the applications for initial licensure:

 

(1)  Documentation of education as follows:

 

a.  Any proof of formal education beyond high school in the form of copies of transcripts or proof of graduation; and

 

b.  Any proof of special training classes attended in the form of a certificate;

 

(2)  Proof of 2 years of actual installation of manufactured homes, under the direction of a licensed manufactured housing installer, or equivalent experience;

 

(3)  Proof of financial responsibility, pursuant to Inst 302;

 

(4)  Proof of successful completion of an initial 6 hour of board approved training program, pursuant to RSA 205-D:8, III, completed within the immediately preceding 3 years of the date of submission of the application; and

 

(5)  Applicable application fee required by Plc 1002.23.

 

Source.  #8494, eff 12-24-05; ss by #10115, eff 4-14-12, EXPIRED: 4-15-22

 

New.  #14112, eff 1-17-25

 

          Inst 301.04  Background Check.  Each applicant for initial licensure, who answers in the affirmative to any of the questions required by Plc 304.01(e), shall submit a criminal background check in accordance with Plc 304.01(b).

 

Source.  #8494, eff 12-24-05; ss by #10115, eff 4-14-12, EXPIRED: 4-15-22

 

New.  #14112, eff 1-17-25 (formerly Inst 301.05)

 

          Inst 301.05  Denial of License Application.

 

         (a)  An initial application for licensure or an application for renewal shall be denied for the following:

 

(1)  Incomplete application after having been contacted by the OPLC to provide any necessary information to complete the application;

 

(2)  Fraud or deceit, specifically the practice of fraud or deceit in obtaining a license under this chapter or in connection with service rendered within the scope of the license issued;

 

(3)  Conviction of a crime which involves dishonesty or false statement, or which relates directly to the practice for which the licensee is licensed, or which is enumerated in this chapter, or conviction of any crime for which incarceration for one year or more is imposed;

 

(4)  Violation of the RSA 205-D or Inst 300 and Inst 600;

 

(5)  Engaging in unlicensed installation practice; or

 

(6)  Incompetence in the practice for which the license is held.

 

         (b)  For the purposes of (a)(6) above, a licensee shall be deemed incompetent if the licensee has engaged in conduct which:

 

(1)  Evidences a lack of ability; or

 

(2)  Evidences a lack of knowledge to apply principles and skills to carry out installation.

 

Source.  #8494, eff 12-24-05; ss by #10115, eff 4-14-12, EXPIRED: 4-15-22

 

New.  #14112, eff 1-17-25 (formerly Inst 301.06)

 

PART Inst 302  FINANCIAL RESPONSIBILITY

 

          Inst 302.01  Proof of Financial Responsibility.

 

         (a)  Pursuant to RSA 205-D:9, I every applicant for the installation of manufactured housing shall provide a $25,000 bond or letter of credit.

 

         (b)  Cancellation of the bond or letter of credit may occur upon the surety company providing 30 days written notice to the board through the OPLC.

 

         (c)  The bond shall be under the condition that the licensee shall not violate any laws or regulations governing installation of manufactured houses and to guarantee any fines issued against the licensee.

 

         (d)  Any applicant who fails to file a bond or letter of credit required pursuant to (a) above shall be denied a license.

 

         (e)  A surety bond shall not be accepted unless it is with a surety company authorized to do business in New Hampshire.

 

         (f)  The surety bond shall name as obligee “Treasurer, State of New Hampshire and any person aggrieved under RSA 205-D”.

 

Source.  #8494, eff 12-24-05; ss by #10115, eff 4-14-12, EXPIRED: 4-15-22

 

New.  #14112, eff 1-17-25

 

PART Inst 303  DISCIPLINARY ACTION ON LICENSE

 

          Inst 303.01  Disciplinary Action: Reprimand, License Suspension/Revocation.

 

         (a)  After an opportunity for a hearing pursuant to Inst 209 and upon a determination that misconduct has occurred, as defined by RSA 205:D:13, II the board shall take any of the following disciplinary actions as appropriate, to the seriousness of the misconduct:

 

(1)  Reprimand by written warning, which shall remain on record for a period of no less than 3 years;

 

(2)  Suspension of a license, not to exceed 5 years;

 

(3)  Limiting or restricting a licensee, including but not limited to working under the supervision of a licensee in good standing with the board, for a period of time set by the board;

 

(4)  Require participation in continuing education program especially in an area the installer is found to be deficient;

 

(5)  Revocation of license; or

 

(6)  Imposition of an administrative fine up to $1500.00 for each offense.

 

         (b)  A written warning of reprimand imposed pursuant to (a)(1) above against a licensee shall not be utilized to impose enhanced sanctions against the licensee once the expiration date has passed.

 

         (c)  For the purposes of (a)(2) above, in determining the appropriate time sanction for suspension of a license, the board shall consider the severity of the misconduct, the number of offenses and whether or not the licensee is a repeat offender.

 

Source.  #8494, eff 12-24-05; ss by #10115, eff 4-14-12

 

          Inst 303.02  Administrative Fine for Misconduct Offense.

 

          (a)  Administrative fines shall not be held in abeyance;

 

          (b)  For the purpose of a subsequent offense, the offense shall have occurred within 3 years;

 

          (c)  Fines shall be based on the severity of the offense, the number of offenses and whether the installer is a repeat offender.

 

          (d)  The fine shall be paid within 30 days from the receipt of the written order. All payments for fines shall be made payable to the “Treasurer, State of New Hampshire”, and mailed to:

 

Manufactured Housing Installation Standards Board

NH Joint Board

121 South Fruit Street

Concord, NH 03301

 

          (e)  If a fine is not paid within 30 days of the receipt of the order, a notice of hearing shall be issued to the installer to show cause why he should not be suspended for non-payment of the fine.  If after a hearing it is found that the fine has not been paid, the licensee shall be suspended until full payment is received.

 

Source.  #8494, eff 12-24-05; ss by #10115, eff 4-14-12

 

PART Inst 304  TRAINING AND CONTINUING EDUCATION

 

          Inst 304.01  Administration of Training and Continuing Education Program.

 

          (a)  To be eligible for an installation license an individual shall first successfully complete an initial training program and to maintain his or her license, the licensee shall attend a continuing education program which has been approved by the board.

 

          (b)  To be eligible for approval, an initial training program shall:

 

(1)  Be administered and conducted by a New Hampshire association or organization experienced in the installation of manufactured houses;

 

(2)  Contain a minimum of 6 hours of instruction; and

 

(3)  Address the following subject areas:

 

a.  2 hours shall be devoted to laws and rules relative to installation of manufactured housing; and

 

b.  4 hours in the servicing and installation of manufactured housing, including but not limited to site preparation, foundations, actual installation of house, installation of features such as hinged roofs, multiple or expandable sections.

 

          (c)  To be eligible for approval, a renewal training program shall:

 

(1)  Be administered and conducted by a New Hampshire association or organization experienced in the installation of manufactured houses; and

 

(2)  Contain a minimum of 3 hours of instruction;

 

(3)  Address the following subject areas:

 

a.  A condensed review of the initial training program;

 

b.  Updated installation requirements and techniques;

 

c.  Recent amendments to statutes and rules that affect manufactured housing installation, as well as recent court decisions relative to installation.

 

          (d)  All program providers, whether for initial or renewal training, shall:

 

(1)  Provide a copy of a completion certificate designed for, and capable of, preventing fraud and forgery and which verifies course completion; and

 

(2)  Provide written materials for class participation as well as a helpful installation reference.

 

Source.  #8494, eff 12-24-05; ss by #10115, eff 4-14-12

 

          Inst 304.02  Application for Approval.

 

          (a)  Any person wishing to establish an approved manufactured installation training and continuing education program shall submit a written request to the board.

 

          (b)  The written request shall contain at minimum the following information:

 

(1)  Name address and telephone number of the organization and its affiliations and pertinent licenses;

 

(2)  Description of program; and

 

(3)  List of teaching instructors, including names and addresses and their educational and work experience background.

 

          (c)  After an opportunity for a hearing, the board shall, when necessary revoke an approval for any course which does not follow this part.

 

Source.  #8494, eff 12-24-05; ss by #10115, eff 4-14-12

 

          Inst 304.03  Inspection of Certificates.  The board shall establish at its office a system for the recording of completed training and continued education certificates, which shall be kept for 5 years for public inspection.

 

Source.  #8494, eff 12-24-05; ss by #10115, eff 4-14-12

 

CHAPTER INST 400 CONTINUED STATUS

 

Part Inst 401  RENEWAL

 

         Inst 401.01  Expirations and Renewal of License.

 

         (a)  A license shall expire 2 years from the date of issuance.

 

         (b)  Any installer whose license is not renewed shall apply for an initial license.

 

         (c)  Individuals licensed as installers shall be eligible for renewal of their licenses if they:

 

(1)  Are not in violation of this chapter;

 

(2)  Successfully completed 3 hours of continuing education pursuant to Inst 403 within the immediately preceding 4 years;

 

(3)  Have submitted evidence of a surety bond or letter of credit as required under RSA 205-D:9 and Inst 302.01(a); and

 

(4)  Paid the fee required by Plc 1002.23.

 

Source.  #8494, eff 12-24-05; ss by #10115, eff 4-14-12; EXPIRED: 4-14-22

 

New. #14426, eff 1-16-26, EXPIRES 1-16-36 (formerly Inst 301.10)

 

         Inst 401.02  Renewal Applications.

 

         (a)  The applicant shall complete and submit the “Universal Application for License Renewal” required by Plc 308.05(b)(1).

 

         (b)  In addition to the information required by (a) above the applicant for license renewal shall complete and submit the “Manufactured Home Installation Addendum to the Universal Application for License Renewal” by providing the following:

 

(1)  A yes or no answer to the question “Have you successfully completed the 3 hours of continuing education course required by Inst 403 in the immediately preceding 4 years?”;

 

(2)  If the answer in (1) above, is affirmative, provide the date the continuing education course was successfully completed; and

 

(3)  The date(s) and number(s) of any previous licenses held in the state of New Hampshire.

 

Source.  #10115, eff 4-14-12; EXPIRED: 4-14-22 

 

New. #14426, eff 1-16-26, EXPIRES 1-16-36 (formerly Inst 301.11)

 

         Inst 401.03  Documents and Fees Required For Renewal.  The following shall be submitted with the renewal application:

 

         (a)  Evidence of having successful completion of 3 hours of continuing education required by Inst  403 within the immediately preceding 4 years;

 

         (b)  Evidence of a surety bond or letter of credit as required under RSA 205-D:9 and Inst 302.01 (a); and

 

         (c)  The fee required by Plc 1002.23.

 

Source.  #10115, eff 4-14-12; EXPIRED: 4-14-22 

 

New. #14426, eff 1-16-26, EXPIRES 1-16-36 (formerly Inst 301.07)

 

         Inst 401.04  Renewal Process.

 

         (a)  Renewal shall be reviewed in accordance with Plc 304.06 through Plc 304.09 and denied after finding:

 

(1)  Noncompliance with the continuing education requirements required by Inst 403;

 

(2)  The applicant committed any act for which discipline shall be imposed under Inst 403;

 

(3)  Any reasons for which an initial application would have been denied; or

 

(4)  Failure to furnish complete or accurate information on a renewal license application.

 

Source.  #10115, eff 4-14-12; EXPIRED: 4-14-22 

 

New. #14426, eff 1-16-26, EXPIRES 1-16-36 (formerly Inst 301.11)

 

Part Inst 402  TRAINING PROGRAMS

 

         Inst 402.01  Requirements.

 

         (a)  To be eligible for approval, an initial training program shall:

 

(1)  Be administered and conducted by a New Hampshire association or any organization experienced in the installation of manufactured houses;

 

(2)  Contain a minimum of 6 hours of instruction; and

 

(3)  Address the following subject areas:

 

a.  2 hours devoted to laws and rules relative to installation of manufactured housing; and

 

b.  4 hours in the servicing and installation of manufactured housing, including but not limited to site preparation, foundations, actual installation of a house, and installation of features such as hinged roofs, and multiple or expandable sections.

 

         (b)  To be eligible for approval, a renewal training program shall:

 

(1)  Be administered and conducted by a New Hampshire association or any organization experienced in the installation of manufactured houses;

 

(2)  Contain a minimum of 3 hours of instruction; and

 

(3)  Address the following subject areas:

 

a.  A condensed review of the initial training program;

 

b.  Updated installation requirements and techniques;

 

c.  Recent amendments to statutes and rules that affect manufactured housing installation, as well as recent court decisions relative to installation.

 

         (c)  All program providers, whether for initial or renewal training, shall:

 

(1)  Provide a copy of a completion certificate, to the individual taking the training which verifies course completion;

 

(2)  Have the instructor or administrator sign and date the certification of completion described in (1) above; and

 

(3)  Provide materials for class participation as well as installation reference(s) designed to enhance the participant’s knowledge of and ability to install manufactured houses.

 

Source.  #8494, eff 12-24-05; ss by #10115, eff 4-14-12; EXPIRED: 4-14-22

 

New. #14426, eff 1-16-26, EXPIRES 1-16-36 (formerly Inst 304.01)

 

         Inst 402.02  Application for Approval of a Training or Continuing Education Program.

 

         (a)  Any person wishing to obtain approval of a manufactured installation training or continuing education program shall submit a written request to the OPLC.

 

         (b)  The written request shall contain at minimum the following information:

 

(1)  Name, address, and telephone number of the organization and its affiliations and pertinent licenses;

 

(2)  Description of program; and

 

(3)  List of teaching instructors, including each instructor’s name, address, education, and work experience.

 

Source.  #8494, eff 12-24-05; ss by #10115, eff 4-14-12; EXPIRED: 4-14-22

 

New. #14426, eff 1-16-26, EXPIRES 1-16-36 (formerly Inst 304.02)

 

         Inst 402.03  Reporting Requirements.  A licensed program shall report any changes in information provided in the most recent application to the OPLC, in writing, no later than 90 days after the change.

 

Source.  #8494, eff 12-24-05; ss by #10115, eff 4-14-12, EXPIRED: 4-15-22

 

New.  #14112, eff 1-17-25 (formerly Inst 301.08); ss by #14426, eff 1-16-26, EXPIRES 1-16-36 (formerly Inst 301.06)

 

PART Inst 403  CONTINUING EDUCATION REQUIREMENTS

 

         Inst 403.01  Continuing Education at Renewal.  An individual wishing to renew their manufactured home installation license shall complete a continuing education program as described in Inst 402.01(b) approved by the board at least once every 4 years.

 

Source.  #8494, eff 12-24-05; ss by #10115, eff 4-14-12; EXPIRED: 4-14-22

 

New. #14426, eff 1-16-26, EXPIRES 1-16-36 (formerly Inst 304.01)

 

PART Inst 404  REVOCATION, SUSPENSION, AND OTHER SANCTIONS

 

         Inst 404.01  Misconduct.  Misconduct shall be:

 

         (a)  Knowingly or negligently providing inaccurate material information to the board or failing to provide complete and truthful material information upon inquiry by the board or the office of professional licensure and certification (OPLC), including during the process of applying for a license, license renewal, or license reinstatement;

 

         (b)  Conviction of any criminal offense other than a traffic violation;

 

         (c)  Failure to report to the board a conviction described in (b) above within 30 days;

 

         (d)  Disciplinary action by a regulatory authority in another domestic or foreign jurisdiction; or

 

         (e)  Any willful or repeated violation of:

 

(1)  Any provision of RSA 205-D;

 

(2)  Any rule adopted by the board; or

 

(3)  Any state or federal law reasonably related to the licensee's authority to practice or the licensee's ability to practice safely.

 

Source.  #14426, eff 1-16-26, EXPIRES 1-16-36

 

         Inst 404.02  Sanctions.

 

         (a)  Disciplinary measures available to the board to sanction misconduct shall be:

 

(1)  Reprimand by written warning, which shall remain on record for a period of no less than 3 years;

 

(2)  Suspension of a license, not to exceed 5 years;

 

(3)  Limiting or restricting a licensee, including but not limited to working under the supervision of a licensee in good standing with the board, for a period of time set by the board;

 

(4)  Requiring participation in continuing education program especially in an area the installer is found to be deficient;

 

(5)  Revocation of license; or

 

(6)  Imposition of an administrative fine up to $1500.00 for each offense.

 

         (b)  Additional measures available to the board to sanction misconduct shall be denial of license renewal or reinstatement.

 

Source.  #8494, eff 12-24-05; ss by #10115, eff 4-14-12; EXPIRED: 4-14-22

 

New. #14426, eff 1-16-26, EXPIRES 1-16-36 (formerly Inst 303.01)

 

         Inst 404.03  Procedure for Imposition of Sanctions.  Other than immediate license suspension authorized by RSA 541-A:30, III, the board shall impose disciplinary sanctions only:

 

         (a)  After prior notice to the licensee and the opportunity for the licensee to be heard; or

 

         (b)  By agreement in a settlement between the board and the licensee.

 

Source.  #14426, eff 1-16-26, EXPIRES 1-16-36

 

         Inst 404.04  Determinations Required for Sanctions.

 

         (a)  In determining which sanction or combination of sanctions to impose, the board shall:

 

(1)  First determine the nature of the act or omission constituting the misconduct done by the licensee;

 

(2)  Next determine whether the misconduct has one or more of the characteristics listed in (b) below; and

 

(3)  Finally, apply the standards in Inst 404.06.

 

         (b)  The characteristics shall be:

 

(1)  The misconduct actually caused physical harm;

 

(2)  The misconduct had the potential to cause physical harm;

 

(3)  The misconduct repeated earlier misconduct done by the licensee, as determined by:

 

a.  An earlier hearing;

 

b.  An earlier settlement agreement predicated on the same misconduct by the licensee; or

 

c.  An admission by the licensee;

 

(4)  The misconduct was not the first misconduct by the licensee, as determined by:

 

a.  An earlier hearing;

 

b.  An earlier settlement agreement predicated on the same misconduct by the licensee; or

 

c.  An admission by the licensee; and

 

(5)  The misconduct was intentional rather than the result of negligence or inadvertence.

 

Source.  #14426, eff 1-16-26, EXPIRES 1-16-36

 

         Inst 404.05  Standards for the Selection of Sanctions.  The board shall:

 

         (a)  Select sanctions from those listed in Inst 404.02; and

 

         (b)  By choosing, in light of the characteristics determined pursuant Inst 404.04(b), the sanction or combination of sanctions most likely to:

 

(1)  Protect public health and safety;

 

(2)  Prevent future misconduct by the licensee;

 

(3)  Take into account any acknowledgment of fault by the licensee and any cooperation by the licensee with the board's investigation of misconduct;

 

(4) Correct any attitudinal, educational or other deficiencies which led to the licensee's misconduct;

 

(5)  Encourage the responsible installation of manufactured housing; and

 

(6)  Demonstrate to the licensee and the public the board's intention to ensure that its licensees practice in accordance with applicable law and the public welfare.

 

Source.  #14426, eff 1-16-26, EXPIRES 1-16-36

 

         Inst 404.06  Unauthorized Practice.  When the board determines that one of the following measures is likely to be the most effective way to stop unauthorized practice, the board shall:

 

         (a)  Issue a cease and desist order against the person or entity engaged in the unauthorized practice; or

 

         (b)  Seek an injunction against such person or entity.

 

Source.  #14426, eff 1-16-26, EXPIRES 1-16-36

 

CHAPTER Inst 500  WARRANTY

 

PART Inst 501  WARRANTY SEAL

 

         Inst 501.01  Warranty Seal Application.

 

         (a)  Applicants shall obtain a warranty seal as required by (b) below and shall attach it to the manufactured home’s electrical panel.

 

         (b)  The applicant shall complete and submit “Application for a Warranty Seal” by providing the following information about the manufacturer:

 

(1)  Name of the company or individual applying for warranty seal;

 

(2)  Principal or contact name;

 

(3)  Principal or contact mailing address;

 

(4)  Principal or contact telephone and fax number;

 

(5)  Principal or contact e-mail address;

 

(6)  Whether or not the manufacturer’s installation manual(s) have been filed with the New Hampshire manufactured housing installation standards board (MHISB);

 

(7)  If the applicant answers no to (6) above, include a copy of the manual(s) for review;

 

(8)  Number of warranty seals applying for; and

 

(9)  Signature of the principal or contact and date of signing.

 

Source.  #8494, eff 12-24-05; ss by #10115, eff 4-14-12; ss by #10337, eff 5-15-13; ss by #14194, eff 3-29-25

 

         Inst 501.02  Warranty Seal Required.

 

         (a)  Pursuant to RSA 205-D:17, in order to keep record of and verify the proper installation of manufactured homes, no manufactured house shall be installed in this state until the manufacturer or licensed installer, has obtained a warranty seal from the board through the office of professional licensure and certification (OPLC) and attached the seal to the manufactured house.

 

         (b)  The warranty seal shall bear the following information:

 

(1)  Type of manufactured house installed;

 

(2)  New Hampshire state seal;

 

(3)  Manufacturer’s name, address, and telephone number;

 

(4)  Date the house was manufactured and unit serial number;

 

(5)  Name and license number of the installer;

 

(6)  Address of instillation;

 

(7)  Date of installation;

 

(8)  Whether the unit is new or relocated;

 

(9)  Signature of the licensee responsible for the installation;

 

(10)  Date the inspection was performed;

 

(11)  Name and title of the inspector; and

 

(12)  Signature of the inspector.

 

         (c)  The warranty seal shall be distributed as follows:

 

(1)  The top page white copy is to be sent to the OPLC;

 

(2)  The canary-colored copy is to be retained by the installer; and

 

(3)  The third page white hard copy is attached to the manufactured home’s electrical box.

 

Source.  #14194, eff 3-29-25 (formerly Inst 401.01)

 

         Inst 501.03  Fee  The fee for each warranty seal shall be as defined in Plc 1002.16.

 

Source.  #14194, eff 3-29-25 (formerly Inst 401.02)

 

PART Inst 502  INSPECTIONS

 

          Inst 502.01  Inspections of Installations. 

 

          (a)  All manufactured houses installed pursuant to RSA 205-D and Inst 600 shall be inspected to ensure compliance with state installation standards established under RSA 205-D and Inst 600; and

 

          (b)  Upon completion of the manufactured housing installation, the licensee shall schedule the inspection required pursuant to Inst 502.01(a).

 

Source.  #8494, eff 12-24-05; ss by #10115, eff 4-14-12; ss by #10337, eff 5-15-13

 

          Inst 502.02  Inspectors.

 

          (a)  Pursuant to RSA 205-D:5, I(b), inspectors shall have authority to enter the premises anytime during the installation in order to carry out their responsibilities.

 

          (b)  Inspectors shall have the authority to:

 

(1)  Issue orders for the correction of an installation code or warranty violation that is within their jurisdiction;

 

(2)  Issue orders to discontinue installation until violation(s) are corrected;

 

(3)  Approve continuation of the work on the installation upon being satisfied that the violation has been corrected; and

 

(4)  Issue a certificate of compliance upon satisfaction that a manufactured house has been installed in compliance with RSA 205-D and Inst 600.

 

Source.  #8494, eff 12-24-05; ss by #10115, eff 4-14-12

 

          Inst 502.03  Timing of Inspection.

 

          (a)  Inspections shall be completed by an inspector prior to occupancy of the manufactured house.  The inspector, when satisfied that the installation meets all standards, shall issue a certificate of compliance occupancy permit which shall be required before the house can be occupied.

 

          (b)  Inspections should be conducted within 5 business days of receiving a request.

 

Source.  #8494, eff 12-24-05; ss by #10115, eff 4-14-12

 

          Inst 502.04  Deficiencies.

 

          (a)  Pursuant to RSA 205-D:5, II, an inspector that orders correction of a violation shall notify the board immediately of the needed correction.

 

          (b)  A person ordered to correct a deficiency by an inspector because of a violation of any rule provision in Inst 600 or RSA 205-D may request a hearing before the manufactured housing installation standards board by filing, within 30 days of receipt of the order, a complaint under Inst 208.01.

 

          (c)  The board shall schedule an adjudicatory hearing pursuant to Inst 209.

 

          (d)  The inspector who issued the order shall have the burden of proof.

 

          (e)  If the board upholds the inspector’s order it shall prescribe the time period for the requisite correction in its written decision.

 

          (f)  If the person(s) ordered to correct any deficiencies fails to file a request for a hearing within 30 days the board shall deem the inspection report valid and issue stop work order which requires correction of the deficiencies and shall remain in effect until an inspector certifies the deficiencies have been corrected.

 

Source.  #8494, eff 12-24-05; ss by #10115, eff 4-14-12

 

          Inst 502.05  Fees.  There shall be a fee of $250.00 for each inspection conducted by the board’s designee under this chapter.

 

Source.  #8494, eff 12-24-05; ss by #10115, eff 4-14-12; ss by #10337, eff 5-15-13

 

Chapter Inst 600  INSPECTIONS OF MANUFACTURED HOUSING INSTALLATIONS

 

PART Inst 601  DEFINITIONS

 

          Inst 601.01  “Inspector” means the “local enforcement agency as defined in RSA 205-D:1, X”.

 

Source.  #8494, eff 12-24-05; ss by #10115, eff 4-14-12

 

New.  #14195, eff 1-17-25

 

PART Inst 602  INSPECTIONS

 

          Inst 602.01  Inspections of Installations.

 

          (a)  All manufactured houses installed pursuant to RSA 205-D and Inst 600 shall be inspected to ensure compliance with state installation standards established under RSA 205-D and Inst 600;

 

          (b)  An inspection shall be conducted by the board’s designee as contracted by the OPLC only if there is no local official appointed by a city or town to complete an inspection; and

 

          (c)  Upon completion of the manufactured housing installation, the licensee shall schedule the inspection required pursuant to Inst 502.01(a).

 

Source.  #8494, eff 12-24-05; ss by #10115, eff 4-14-12

 

New.  #14195, eff 1-17-25

 

          Inst 602.02  Inspectors.

 

          (a)  Pursuant to RSA 205-D:5, I(b), inspectors shall have authority to enter the premises anytime during the installation in order to carry out their responsibilities.

 

          (b)  Inspectors shall have the authority to:

 

(1)  Issue orders for the correction of an installation code or warranty violation that is within their jurisdiction;

 

(2)  Issue orders to discontinue installation until violation(s) are corrected;

 

(3)  Approve continuation of the work on the installation upon being satisfied that the violation has been corrected; and

 

(4)  Issue a certificate of compliance upon satisfaction that a manufactured house has been installed in compliance with RSA 205-D and Inst 700.

 

Source.  #8494, eff 12-24-05; ss by #10115, eff 4-14-12

 

New.  #14195, eff 1-17-25

 

          Inst 602.03  Timing of Inspection.

 

          (a)  Inspections shall be completed by an inspector prior to occupancy of the manufactured house.  The inspector, when satisfied that the installation meets all standards, shall issue a certificate of compliance occupancy permit which shall be required before the house can be occupied.

 

          (b)  Inspections shall be conducted within 72 hours of the inspector receiving a request.

 

Source.  #8494, eff 12-24-05; ss by #10115, eff 4-14-12 (from Inst 602.04)

 

New.  #14195, eff 1-17-25

 

          Inst 602.04  Deficiencies.

 

          (a)  Pursuant to RSA 205-D:5, II, an inspector that orders correction of a violation shall notify the OPLC immediately of the needed correction.

 

          (b)  A person ordered to correct a deficiency by an inspector because of a violation of any rule provision in Inst 700 or RSA 205-D may request a hearing before the manufactured housing installation standards board by filing, within 30 days of receipt of the order, a complaint under Plc 200.

 

          (c)  The board shall schedule an adjudicatory hearing pursuant to Plc 200.

 

          (d)  The inspector who issued the order shall have the burden of proof.

 

          (e)  If the board upholds the inspector’s order, it shall prescribe the time period for the requisite correction in its written decision.

 

          (f)  If the person(s) ordered to correct any deficiencies fails to file a request for a hearing within 30 days, the board shall deem the inspection report valid, and issue a stop work order which requires correction of the deficiencies and shall remain in effect until an inspector certifies the deficiencies have been corrected.

 

Source.  #8494, eff 12-24-05; ss by #10115, eff 4-14-12 (from Inst 602.05)

 

New.  #14195, eff 1-17-25

 

CHAPTER Inst 700  MANUFACTURED HOUSING INSTALLATION STANDARDS

 

PART Inst 701  PURPOSE AND SCOPE

 

         Inst 701.01  Purpose.

 

         (a)  The purpose of this chapter is to assure the proper installation of manufactured housing as defined by RSA 205-D:1, XI.

 

         (b)  Installers have the option of installing in accordance with:

 

(1)  This chapter;

 

(2)  A design prepared by a New Hampshire licensed engineer or architect; or

 

(3)  The manufacturer’s installation standards.

 

Source.  #14221, eff 2-25-25

 

         Inst 701.02  Applicability.

 

         (a)  The provisions of this chapter shall apply only to manufactured housing which is:

 

(1)  Transportable in single or multiple sections;

 

(2)  In the traveling mode 8 body feet or more in width and 40 body feet or more in length; and

 

(3)  When erected on a site is 320 or more square feet, built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to required utilities, including plumbing, heating, air conditioning as applicable, and electrical systems.

 

         (b)  These rules shall not apply to:

 

(1)  Campers or recreational vehicles as defined in RSA 216-I:1, VIII or RSA 259:84-a;

 

(2)  Pre-site built housing as defined in RSA 674:31-a;

 

(3)  Modular buildings as defined in RSA 205-C:1, XI; or

 

(4)  Single wide structures under 750 square feet, provided that they are not for residential or classroom use.

 

Source.  #14221, eff 2-25-25

 

         Inst 701.03  Scope.

 

         (a)  These rules shall apply to the installation of all New Hampshire new and relocated manufactured housing that is used as a residential dwelling.

 

(b)  The rules pursuant to Inst 700 shall not apply to:

 

(1)  Sites that are already occupied as of December 24, 2005; and

 

(2)  Sites for the installation of manufactured housing, which provide temporary relief from fire, flood, or other disasters for a period of one year from the placement of the house.

 

         (c)  The exemption in (b) above shall not relieve the manufactured house owner or occupant from responsibilities for the proper use and maintenance of the manufactured house.  Manufactured houses installed on sites exempted from the requirements of RSA 205-D:4, II shall be installed and the sites maintained in a manner which is not detrimental to the functions of any of the systems in the house.

 

         (d)  Manufactured housing, which is installed in compliance with RSA 205-D and this chapter, shall be exempt from all state or local standards or regulations which regulate the same matters.

 

         (e)  Nothing in this chapter shall be construed to amend or repeal the provisions of RSA 31:116 relative to manufactured housing foundations in parks and RSA 47:22-b, relative to manufactured housing foundations in parks.

 

Source.  #14221, eff 2-25-25

 

PART Inst 702  DEFINITIONS

 

         Inst 702.01  “Anchoring equipment” means straps, cables, turnbuckles, and chains including tensioning devices, which are used to secure a manufactured house.

 

Source.  #14221, eff 2-25-25

 

         Inst 702.02  “Anchoring system” means “anchoring system” as defined by RSA 205-D:1, I.

 

Source.  #14221, eff 2-25-25

 

         Inst 702.03  “Data plate” means a plate that provides identification numbers for the house, identifying wind zone, roof load zone, and climatic zone.

 

Source.  #14221, eff 2-25-25

 

         Inst 702.04  “Dealer” or “retailer” means “dealer” or “retailer” as defined by RSA 205-D:1, IV.

 

Source.  #14221, eff 2-25-25

 

         Inst 702.05  “Diagonal tie” means a tie intended to primarily resist horizontal or shear forces and which may secondarily resist vertical, uplift, and overturning forces.

 

Source.  #14221, eff 2-25-25

 

         Inst 702.06  “Federal Manufactured Housing Construction and Safety Standard” means “federal manufactured housing construction and safety standard” as defined by RSA 205-D:1, VI.

 

Source.  #14221, eff 2-25-25

 

         Inst 702.07  “Footing” means part of the support system that sits directly on the ground or slab, it is between the ground or slab, and the pier not including shims or caps.

 

Source.  #14221, eff 2-25-25

 

         Inst 702.08  “Ground anchor” means a device at the manufactured house stand designed to transfer manufactured house anchoring loads to the ground.

 

Source.  #14221, eff 2-25-25

 

         Inst 702.09  “Installation” means “installation” as defined by RSA 205-D:1, VII.

 

Source.  #14221, eff 2-25-25

 

         Inst 702.10  “Installation standards” means “installation standards” as defined by RSA 205-D:1, VIII.

 

Source.  #14221, eff 2-25-25

 

         Inst 702.11  “Installer” means “installer” as defined by RSA 205-D:1, IX.

 

Source.  #14221, eff 2-25-25

 

         Inst 702.12  “Local enforcement agency” means “local enforcement agency” as defined by RSA 205-D:X.

 

Source.  #14221, eff 2-25-25

 

         Inst 702.13  “Manufacturer” means “manufacturer” as defined by RSA 205-D:1, XII.

 

Source.  #14221, eff 2-25-25

 

         Inst 702.14  “Monolithic slab” means a concrete slab, which includes reinforcement bars along the perimeter of the slab combined with metal or fiberglass mesh for strength.

 

Source.  #14221, eff 2-25-25

 

         Inst 702.15  “Pad” means an area, which has been established, for the placement of the house.

 

Source.  #14221, eff 2-25-25

 

         Inst 702.16  “Pier” means that portion of the support system between the footing and the manufactured house, exclusive of caps, and shims.

 

Source.  #14221, eff 2-25-25

 

         Inst 702.17  “Set-up” means the work performed and operations involved in the placement and securing of a manufactured house or any portion thereof.

 

Source.  #14221, eff 2-25-25

 

         Inst 702.18  “Site” means “site” as defined by RSA 205-D:1, XIII.

 

Source.  #14221, eff 2-25-25

 

         Inst 702.19  “Skirting” means a weather-resistant material to enclose the space from the bottom of the manufactured house to grade.

 

Source.  #14221, eff 2-25-25

 

         Inst 702.20  “Stabilizing devices” means all components of the anchoring and support system such as piers, footing, ties, anchoring equipment, ground anchors, or any other materials and methods of construction which supports and secures the manufactured house to the ground.

 

Source.  #14221, eff 2-25-25

 

         Inst 702.21  “Support system” means a site built or site assembled system of stabilizing devices which is capable of transferring design loads and live loads required by federal regulation and other design loads unique to local house sites due to wind, seismic and soil conditions that are imposed by or upon the structure into the underlying soil bedrock without failure.  It includes a combination of footings, piers, caps, and shims that will, when properly installed, support a manufactured house.

 

Source.  #14221, eff 2-25-25

 

         Inst 702.22  “Uncontrolled fill” means fill materials that are placed without control of the content of the fill materials or without adequate compaction to assure a bearing capacity without undue settlement.  Uncontrolled fill includes fill materials containing organic matter or fills which are placed without compaction necessary to provide a uniform bearing capacity of 1000 lbs./ft.

 

Source.  #14221, eff 2-25-25

 

PART Inst 703  INSTALLATION STANDARDS

 

         Inst 703.01  Filing of Installation Manuals.  A manufacturer of manufactured houses which are installed in New Hampshire shall file with the board, through the OPLC, every installation manual for each line made, sold, and installed.  Subsequent updates or changes in a manual shall be submitted within 30 days from the date of the change, amendment, or revision to the manual.

 

Source.  #14221, eff 2-25-25

 

         Inst 703.02  Site Preparation Systems.

 

         (a)  This section establishes standards for siting, design, and installation of manufactured house support systems.  This section shall be applicable to all new and relocated manufactured houses when and wherever newly installed at a house site.

 

         (b)  The house shall be designed to meet the New Hampshire wind, snow roof loads, and climatic conditions as described on the manufactured house data plate.  Houses that are designated on the manufacturer’s data plate in a low pounds per square foot (PSF) snow zone, which includes 30 PSF shall not be installed in a higher roof load zone.

 

         (c)  The house shall be able to be safely moved to the site, which should be free of branches, holes in the ground, and hanging wires to prevent any preliminary damage to the house.

 

         (d)  A manufactured house support system shall be constructed in accordance with one of the following:

 

(1)  Manufacturer’s installation manual instructions;

 

(2)  Foundation design by a New Hampshire licensed professional engineer or architect; or

 

(3)  This chapter.

 

         (e)  Site preparation shall be in accordance with general residential construction practices.

 

         (f)  Houses shall not be constructed in any naturally occurring seasonal drainage swale.  In order to prevent moisture under the house, which can cause settling of the support system and deterioration to the house, water shall not be able to accumulate or stand under the house.

 

         (g)  Gravel or concrete slab under the house shall be crowned 1% to 2 % along the longitudinal center line of the house.

 

         (h)  All drainage shall be diverted away from the home and shall slope a minimum of one-half inch per foot away from the foundation for the first 10 feet.  Where property lines, walls, slopes, or other physical conditions prohibit the slope, the site shall be provided with drains or swales or otherwise graded to drain water away from the perimeter of the house.

 

         (i)  A moisture barrier shall be used above the gravel or below the concrete if the house is enclosed by skirting to keep ground moisture out.  If overlap of the polyethylene is required, it shall be at least 12 inches at all joints.

 

         (j)  The fire separation distance shall be provided, as the state and local authority requires.

 

Source.  #14221, eff 2-25-25

 

         Inst 703.03  Design Requirements Including Load-Bearing Capacity.

 

         (a)  The load a pier can carry shall depend on the house, roof live load, spacing of the piers, and the way piers are used to support the house.

 

         (b)  Pier concrete blocks shall be stacked with their hollow cells aligned vertically.

 

         (c)  Piers constructed of blocks stacked side by side shall be at right angles to the preceding course.

 

         (d)  Piers shall be:

 

(1)  Concrete blocks which have a nominal dimension of at least 8-inch x 8-inch x 16-inch conforming to ASTM C-90; or

 

(2)  Adjustable metal or concrete piers.

 

         (e)  Manufactured adjustable metal piers shall be labeled for load capacity.

 

         (f)  Caps shall be used to cap the hollow concrete blocks.  All caps shall be of the same length and width as the rest of the piers on which they rest.  The caps shall be of solid masonry of at least 4 inches thickness or wood of at least 2 inches of nominal thickness or ˝ inch steel on piers of less than 36 inches height.

 

         (g)  Piers less than 36 inches high shall be constructed of single, open and closed cell concrete blocks.

 

         (h)  Piers between 36 inches and 67 inches high and all corner piers over 3 blocks high shall be constructed out of double interlocking blocks.

 

         (i)  Piers over 67 inches high shall be designed by a licensed New Hampshire professional engineer or architect.

 

         (j)  Mortar shall not be required for concrete block piers, unless required by the manufacturer installation instructions or design.

 

         (k)  No caps shall be needed for piers using solid blocks.

 

Source.  #14221, eff 2-25-25

 

         Inst 703.04  Gaps.

 

         (a)  When gaps occur during installation, pressure treated wood shims having a preventative retention of .60 per cubic foot shall be used to close the gap and level the house.

 

         (b)  Hardwood shims that are 4-inch x 6-inch shall be used to level the house and fill any gaps between the base of the I-beam and the top of the pier cap.

 

         (c)  Shims shall be used in pairs and driven tightly so they do not occupy more than one inch of vertical space.  Wood plates no thicker than 2 inches shall be used to fill in any remaining vertical gaps.

 

         (d)  Manufactured pier heights shall be adjustable risers that do not extend more than 2 inches when finally positioned.

 

Source.  #14221, eff 2-25-25

 

         Inst 703.05  Clearance Under House.

 

         (a)  Minimum clearance of 12 inches shall be maintained beneath the lowest member of the main frame in the area of utility connections.

 

         (b)  A minimum of 12 inches shall be maintained between the lowest member of the main frame, I-beam or channel beam, and the grade under all areas of the home.

 

         (c)  None of the frame shall come in contact with the ground.

 

         (d)  Sufficient clearance shall be maintained to allow for interconnection of multi-section units for proper installation of ground anchors.

 

Source.  #14221, eff 2-25-25

 

         Inst 703.06  Design Procedures for Concrete Block Piers.

 

         (a)  Frame piers less than 36 inches high shall be:

 

(1)  Permitted to be constructed of one single open or closed concrete blocks 8-inch x 8-inch x 16-inch conforming to ASTM C-90; and

 

(2)  Installed so the long sides are at right angles to the I-beam, as set forth in Figure 700-1:

 

Figure 700-1 Pier Installation, Single Concrete Block

Diagram

Description automatically generated

 

         (b)  All piers over 67 inches shall be designed by a licensed New Hampshire architect or engineer.

 

         (c)  Piers for exterior wall openings shall be constructed of blocks that are 8-inch x 8-inch x 16-inch.

 

         (d)  Perimeter piers shall be installed parallel to the perimeter, when required by the manufacturer’s installation instructions.

 

         (e)  Piers required at marriage line supports, perimeter piers, and piers at exterior wall openings shall be permitted to be constructed of single open or closed-cell concrete blocks 8-inch x 8-inch x 16-inch to a maximum height of 54 inches.  Piers over 54 inches but less than 67 inches shall be solid grout filled and reinforced with 2 pieces of #5 reinforcement bar as set forth in Figure 700-2:


Figure 700-2 Pier Installation, Double Concrete Blocks

 

Diagram, engineering drawing

Description automatically generated

 

         (f)  Manufactured piers shall be listed, labeled, and installed to manufacturer’s instructions.

 

Source.  #14221, eff 2-25-25

 

         Inst 703.07  Location and Spacing of Piers.  Piers shall be no more than 2 feet from either end and not more than 8 feet center to center under the main frame beams.

 

Source.  #14221, eff 2-25-25

 

         Inst 703.08  Perimeter Blocking.  Supports shall be on both sides of side wall exterior doors and other side wall openings greater than 48 inches and under porch posts, factory installed fireplaces, and wood stoves, unless not required by the manufacturer.

 

Source.  #14221, eff 2-25-25

 

         Inst 703.09  Types of Footings.

 

         (a)  Footings shall provide equal load-bearing capacity and be resistant to decay.  Footings shall be placed on undisturbed soil or compacted fill.

 

         (b)  Every pier shall be supported by a footing of the following type:

 

(1)  A pad which shall be a monolithic concrete slab with Fibermix, 3000 pounds per square inch minimum reinforced with 4 rows of number 4 rebar spaced evenly in the first 4 feet of the outer edge with a bullfloat finish and complies with the following:

 

a.  Top soil and all organic soils shall be removed under the slab and the 3 foot extension areas;

 

b.  A minimum of 12 inches to 14 inches of sand or gravel compacted under the slab and the 3 foot extension areas; and

 

c.  Fill shall extend a minimum of 3 inches up the side of the slab;

 

d.  Shall be at minimum as set forth in Figure 700-3; or

 

Figure 700-3 Slab Specifications

(2)  Below frost footing, which shall be designed by a New Hampshire licensed professional engineer.

 

Source.  #14221, eff 2-25-25

 

         Inst 703.10  Permanent Foundations.

 

         (a)  Designs for permanent foundations such as basements, crawl spaces, or load-bearing perimeter foundations shall be permitted.

 

         (b)  An open porch shall not be installed over a basement or other enclosed space.

 

Source.  #14221, eff 2-25-25

 

         Inst 703.11  Special Considerations.  Special elevations and anchoring techniques shall be required in a flood zone.

 

Source.  #14221, eff 2-25-25

 

         Inst 703.12  Anchoring Instructions, Security Against Wind.

 

         (a)  After blocking and leveling the home, the installer shall secure the house against wind.  The anchoring and foundation system shall be capable of meeting the loads required by 24 CFR 3280 and 3282 in effect at the time of installation.

 

         (b)  Anchors shall be capable of resisting a minimum total load capacity of 4,725 lbs. and a working capacity of 3,150 lbs.  Anchors and anchoring equipment shall be certified by an engineer or tested to national standards and installed as specified by the anchor manufacturer.

 

         (c)  Tie-down straps shall conform to the following:

 

(1)  Cable or steel strap with a breaking strength of at least 4, 725 lbs. shall be galvanized aircraft cable at least Ľ inches diameter or Type 1, finish B, grade 1 steel strapping 1 Ľ inches wide and 0.03 inches thick, conforming to the “Standard for Strapping, Fleet Steel and Seals” (D3953-91) of the American Society for Testing and Materials (ASTM), available as noted in Appendix B; and

 

(2)  Galvanized connection devices such as turnbuckles, eyebolts, strap buckles, and cable clamps shall be rated at 3,150 lbs. working load minimum.

 

         (d)  Installers shall use diagonal tie downs in both transverse and longitudinal directions for single wide and doublewide houses.

 

         (e)  The number of anchors and spacing of anchors shall conform to manufacturer’s installation instructions.

 

         (f)  Each anchor shall be manufactured and installed in accordance with NFPA 225 Manufactured Home Installation Standard, 2021 edition, available as noted in Appendix B.

 

         (g)  If side-wall or over the roof straps are installed on the house, they shall be connected to an anchoring device.

 

Source.  #14221, eff 2-25-25

 

         Inst 703.13  Installation Close-up and Finishing.

 

         (a)  Skirting shall be made out of weather resistant material and shall not be attached in a manner that can cause water to be trapped between the siding and trim.

 

         (b)  Ventilation shall be provided for the crawl space with skirting at a minimum of 1 square foot of free area for every 600 square feet of house area floor.

 

         (c)  Access openings not less than 18 inches in width and 24 inches in height and not less than 3 square feet shall exist, so water supply and sewer drain connections located under the house are accessible for inspections.  For the purpose of this section, openings shall include doors, hatches, or removable panels.

 

         (d)  Dryer vents, water heater overflow drains, and air conditioning condensation drains shall pass through the skirting to the outside. They shall vent into the atmosphere to ensure moisture is carried beyond the perimeter of the house.

 

Source.  #14221, eff 2-25-25

 

         Inst 703.14  Utility Connection and Testing.

 

         (a)  The installer shall consult with the authority having jurisdiction before connecting the manufactured house to utilities.

 

         (b)  Individuals familiar with local and state codes shall be permitted to make utility site connections and conduct tests.

 

         (c)  All utility, or exterior utility installations shall conform with the state fire code, Saf-C 6000 and the state building code pursuant to RSA 155-A.

 

Source.  #14221, eff 2-25-25

 


 

APPENDIX

 

RULE

STATUTE

 

 

Inst 100

RSA 205-D:20, RSA 541-A:16, I(a)

Inst 103.01

RSA 541-A:16, I(a); RSA 205-D:2, I and III

Inst 103.03

RSA 541-A:16, I(a); RSA 205-D:2

Inst 103.05

RSA 541-A:16, I(a); RSA 205-D:2

Inst 103.06

RSA 541-A:16, I(a); RSA 205-D:2, V and RSA 205-D:3

Inst 104.02

RSA 541-A:16, I(a); RSA 205-D:2, III

Inst 104.03

RSA 541-A:16, I(a)

Inst 105.01

RSA 541-A:16, I(a); RSA 91-A:4

 

 

Inst 201.01

RSA 310:6, II

Inst 201.02

RSA 541-A:16, I (b); RSA 205-D:20, I

 

 

Inst 301.01

RSA 205-D:7

Inst 301.02

RSA 205-D:8

Inst 301.03

RSA 205-D:10

Inst 301.04

RSA 205-D:10, III

Inst 301.05

RSA 205-D:13

Inst 302

RSA 205-D:9, I

Inst 302.01

RSA 205-D:9, I

Inst 303.01

RSA 205-D:13 & 541-A:30

Inst 303.02

RSA 205-D:13, III(e)

Inst 304.01

RSA 205-D:8, III

Inst 304.02

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

Inst 304.03

RSA 205-D:8, III & RSA 205-D:20, V

 

 

Inst 401.01

RSA 205-D:11; RSA 205-D:12, I; RSA 205-D:20, II, III, and VI

Inst 401.02

RSA 205-D:20, II

Inst 401.03

RSA 205-D:11; RSA 205-D:12, I; RSA 205:20, III

Inst 401.04

RSA 205-D:11, II: RSA 305-D:20, VI

Inst 402.01

RSA 205-D:8, III; RSA 205:20, V

Inst 402.02

RSA 205-D:11, II(b); RSA 205-D:20, VI; RSA 541-A:30

Inst 402.03

RSA 541-A:16, I(b)

Inst 403.01

RSA 205-D:11(b); RSA 205-D:20, VI

Inst 404.01

RSA 205-D:13, II; RSA 205-D:20, VIII

Inst 404.02

RSA 205-D:13, II; RSA 205-D:20, VIII

Inst 404.03

RSA 205-D:13, II; RSA 205-D:20, VIII

Inst 404.04

RSA 205-D:13, II; RSA 205-D:20, VIII

Inst 404.05

RSA 205-D:13, II; RSA 205-D:20, VIII

Inst 404.06

RSA 205-D:13, II; RSA 205-D:20, VIII

 

 

Inst 501.01

RSA 541-A:7

Inst 401.01 (b)

RSA 205-D:17, RSA 205-D:20, II

Inst 501.01

RSA 541-A:7

Inst 502.01

RSA 205-D:5, I

Inst 502.02

RSA 205-D:5, I(b)

Inst 502.03

RSA 205-D:5, I

Inst 502.04(a)

RSA 205-D:5, II

Inst 502.04(b)-(f)

RSA 205-D:5, IV & 541-A:30

Inst 502.05

RSA 205-D:12, I , RSA 205-D:20, V

 

 

Inst 601.01

RSA 205-D:1, X

Inst 601.01(b)

RSA 205-D:17; RSA 205-D:20, II

Inst 601.01

RSA 541-A:7

Inst 602.01

RSA 205-D:5, I

Inst 602.02

RSA 205-D:5, I(b)

Inst 602.03

RSA 205-D:5, I

Inst 602.04(a)

RSA 205-D:5, II

Inst 602.04(b)-(f)

RSA 205-D:5, IV; RSA 541-A:30

Inst 602.05

RSA 205-D:12, I; RSA 205-D:20, V

Inst 701 – Inst 702

RSA 205-D:1

Inst 703

RSA 205-D:4; RSA 205-D:20, I

 

APPENDIX B: Incorporation by Reference Information

 

Rule

Title

Obtained at:

Inst 703.12(c)(1)

Standard Specification for Strapping, Flat Steel and Seals – D3953-91

American Society for Testing and Materials (ASTM)

ASTM International

100 Barr Harbor Drive

PO Box C700

West Conshohocken, PA  194282959

Telephone:  1-610-832-9500

Downloadable version for Purchase at: https://www.astm.org/d3953-91.html

Cost is $83.00

Inst 703.12(f)

NFPA 225, Model Manufactured Home Installation Standards, 2021 edition

National Fire Protection Association (NFPA)

Telephone:  1-800-344-3555

Downloadable version is free online at:

https://www.normsplash.com/Samples/NFPA/158112173/NFPA-225-2021-en.pdf