USA Statutes : nevada
Title : Title 43 - PUBLIC SAFETY; VEHICLES; WATERCRAFT
Chapter : CHAPTER 489 - MOBILE HOMES AND SIMILAR VEHICLES; MANUFACTURED HOMES
1. The Legislature finds that the construction, assembly and use
of manufactured homes, mobile homes, travel trailers and commercial
coaches and their systems, components and appliances, and the alteration,
transportation and installation of manufactured homes, mobile homes and
commercial coaches, like other products having concealed vital parts, may
present hazards to the health, life and safety of persons and the safety
of property unless they are properly manufactured, altered, transported
and installed.
2. In the sale of manufactured homes, mobile homes, travel
trailers and commercial coaches, there is also the possibility of
unascertained defects in them even though they are inspected by
purchasers.
3. It is the policy and purpose of this state to protect the
public against these hazards and to prohibit the manufacture, sale,
alteration, transportation and installation in this state of manufactured
homes, mobile homes, travel trailers and commercial coaches which are not
constructed in a manner which provides reasonable safety and protection
to owners and users.
4. The Legislature further intends to provide a procedure to
assure that this state assumes the fullest responsibility for the
administration and enforcement of federal safety and construction
standards for manufactured homes in Nevada in accordance with the
National Manufactured Housing Construction and Safety Standards Act of
1974 (42 U.S.C. §§ 5401 et seq.).
(Added to NRS by 1973, 1065; A 1977, 1452; 1983, 776)
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 489.036
to 489.155 , inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 1973, 1065; A 1975, 1579; 1977, 1227, 1452; 1979,
1214; 1983, 777; 1999, 860 ; 2001, 1726 ; 2005, 1628 )
“Administrator” means the
Chief of the Manufactured Housing Division.
(Added to NRS by 1979, 1201)
“Brokerage agreement”
means a contract between a dealer and a client in which the dealer agrees
to accept compensation to:
1. Assist, solicit or negotiate the sale or exchange of an
interest in a manufactured home, mobile home or commercial coach; or
2. Induce any person to buy or exchange an interest in a
manufactured home, mobile home or commercial coach.
(Added to NRS by 1999, 858 )
“Certificate of
compliance” means a certificate issued by this state certifying that the
plumbing, heating, electrical systems, body and frame design and
construction requirements of a commercial coach or the reconstruction or
alteration requirements of a mobile home or commercial coach comply with
standards adopted by the Division.
(Added to NRS by 1973, 1065; A 1977, 1453; 1981, 1191; 1983, 777;
1993, 2052)
“Client” means a person who has
entered into a brokerage agreement with a dealer.
(Added to NRS by 1999, 858 )
“Commercial coach” means
a structure without motive power which is designed and equipped for human
occupancy for industrial, professional or commercial purposes. The term
does not include a recreational park trailer.
(Added to NRS by 1977, 1451; A 1979, 1215; 2001, 1726 )
1. “Dealer” means any person who:
(a) For compensation, money or any other thing of value, sells,
exchanges, buys or offers for sale, negotiates or attempts to negotiate a
sale or exchange of an interest in a manufactured home, mobile home or
commercial coach subject to the requirements of this chapter, or induces
or attempts to induce any person to buy or exchange an interest in a
manufactured home, mobile home or commercial coach;
(b) For compensation, money or any other thing of value, leases or
rents, offers for lease or rental, negotiates or attempts to negotiate
the lease or rental of an interest in a manufactured home, mobile home or
commercial coach subject to the requirements of this chapter, or induces
or attempts to induce any person to lease or rent an interest in a
manufactured home, mobile home or commercial coach;
(c) Receives or expects to receive a commission, money, brokerage
fees, profit or any other thing of value from either the seller or
purchaser of any manufactured home, mobile home or commercial coach;
(d) Is engaged wholly or in part in the business of:
(1) Selling, renting or leasing manufactured homes, mobile
homes or commercial coaches;
(2) Buying or taking manufactured homes, mobile homes or
commercial coaches in trade for the purpose of resale, selling, or
offering them for sale or consignment to be sold;
(3) Buying or taking manufactured homes, mobile homes or
commercial coaches in trade to rent, lease or offer them for rent or
lease; or
(4) Otherwise dealing in manufactured homes, mobile homes or
commercial coaches; or
(e) Acts as a repossessor or liquidator concerning manufactured
homes, mobile homes or commercial coaches,
Ê whether or not they are owned by such persons.
2. The term does not include:
(a) Receivers, trustees, administrators, executors, guardians or
other persons appointed by or acting under the order of any court;
(b) Public officers while performing their official duties;
(c) Banks, savings and loan associations, credit unions, thrift
companies or other financial institutions proceeding as repossessors or
liquidators of their own security;
(d) A person who rents or leases his manufactured home, mobile home
or commercial coach;
(e) An owner selling his private residence; or
(f) A real estate broker, real estate broker-salesman or real
estate salesman who is licensed pursuant to chapter 645 of NRS and who, for another and for compensation or
with the intention or expectation of receiving compensation, sells,
exchanges, options, purchases, rents or leases, or negotiates or offers,
attempts or agrees to negotiate the sale, exchange, option, purchase,
rental or lease of, or lists or solicits prospective purchasers, lessees
or renters of, used manufactured homes or used mobile homes in connection
with the sale of a fee simple interest in real property and the used
manufactured home or used mobile home is situated on the real property
sold.
(Added to NRS by 1975, 1571; A 1977, 1453; 1983, 777; 1987, 2088;
1999, 860 ; 2005, 663 )
“Division” means the Manufactured
Housing Division of the Department of Business and Industry.
(Added to NRS by 1979, 1201; A 1993, 1653)
“Dwelling” means one or more
habitable rooms which are designed to be occupied by one family with
facilities for living, sleeping, cooking and eating.
(Added to NRS by 1979, 1201)
1. “Established place of business” means an enclosed building or
structure owned either in fee or leased with sufficient space to conduct
the business of the dealer and large enough to accommodate the office or
offices of the dealer and to provide a safe place to keep the books and
other records of the business of the dealer, at which site or location
the principal portion of the dealer’s business is conducted.
2. The books and records of a dealer must be kept and maintained
at the dealer’s established place of business and be open to inspection
during usual business hours by any authorized agent of the Division.
(Added to NRS by 1975, 1571; A 1977, 1453; 1979, 1215)
“Firm” means a corporation,
partnership, association or governmental agency of the United States or
of any state.
(Added to NRS by 1973, 1066)
1. “General serviceman” means a person who owns or is the
responsible managing employee of a business which:
(a) Installs or repairs the awnings, roofing, skirting, plumbing,
heating or electrical systems of a manufactured home, mobile home or
commercial coach;
(b) Installs, removes or tears down a manufactured home, mobile
home or commercial coach at the site where it will be or has been used
for occupancy; or
(c) Reconstructs a manufactured home, mobile home or commercial
coach by the alteration, addition or substitution of substantial or
essential parts.
2. The term does not include:
(a) A licensed manufacturer engaged in the repair or service of a
manufactured home, mobile home or commercial coach that was manufactured
by the licensed manufacturer;
(b) The owner or purchaser of a manufactured home or mobile home
who uses the manufactured home or mobile home as his private residence; or
(c) The owner or purchaser of a commercial coach who uses the
commercial coach for his own industrial, professional or commercial
purposes.
(Added to NRS by 2005, 1625 )
1. “Installation” means the complete operation of fixing in place
a manufactured home, mobile home or commercial coach for occupancy.
2. The term includes, without limitation, pier blocking,
prefabricated footings, ground anchoring and the connection to utility
terminals on the site.
(Added to NRS by 1979, 1201; A 1983, 777)
Repealed. (See chapter 408,
Statutes of Nevada 2005, at page 1641 .)
“Label of compliance”
means a label permanently attached to:
1. A commercial coach upon the completion of the construction of
the coach; or
2. A mobile home or commercial coach upon the completion of any
reconstruction or alteration of the home or coach,
Ê under the authority of the Division which certifies that the mobile
home or commercial coach is in compliance with standards adopted by the
Division.
(Added to NRS by 1973, 1066; A 1977, 1453; 1979, 1215; 1983, 778;
1993, 2052)
1. “Manufactured home” means a structure which is:
(a) Built on a permanent chassis;
(b) Designed to be used with or without a permanent foundation as a
dwelling when connected to utilities;
(c) Transportable in one or more sections; and
(d) Eight feet or more in body width or 40 feet or more in body
length when transported, or, when erected on site, contains 320 square
feet or more.
2. The term includes:
(a) The plumbing, heating, air-conditioning and electrical systems
of the structure.
(b) Any structure:
(1) Which meets the requirements of paragraphs (a) to (c),
inclusive, of subsection 1, and with respect to which the manufacturer
voluntarily files a certification required by the Secretary of Housing
and Urban Development and complies with the standards established under
the National Manufactured Housing Construction and Safety Standards Act
of 1974, 42 U.S.C. §§ 5401 et seq.; or
(2) Built in compliance with the requirements of chapter 461
of NRS.
3. The term does not include a recreational park trailer.
(Added to NRS by 1983, 775; A 1995, 2601; 2001, 1726 )
“Manufacturer” means every
person engaged in the business of manufacturing manufactured homes,
mobile homes, travel trailers or commercial coaches.
(Added to NRS by 1975, 1571; A 1977, 1454; 1983, 778)
1. “Mobile home” means a structure which is:
(a) Built on a permanent chassis;
(b) Designed to be used with or without a permanent foundation as a
dwelling when connected to utilities; and
(c) Transportable in one or more sections.
2. The term includes the design of the body and frame and the
plumbing, heating, air-conditioning and electrical systems of the mobile
home.
3. The term does not include a recreational park trailer, travel
trailer, commercial coach or manufactured home or any structure built in
compliance with the requirements of chapter 461 of NRS.
(Added to NRS by 1973, 1066; A 1975, 1579; 1977, 1454; 1979, 1216;
1983, 778; 2001, 1726 )
“Movement” means the act of
towing, pushing or otherwise propelling a manufactured home, mobile home
or commercial coach upon a highway or road.
(Added to NRS by 1979, 1201; A 1983, 778)
“New manufactured
home,” “new mobile home,” “new travel trailer” or “new commercial coach”
means a manufactured home, mobile home, travel trailer or commercial
coach, respectively, which has never been sold at retail or occupied
either prior to or after sale for the purpose intended by the
manufacturer and has never been registered with or been the subject of a
certificate of title issued by the appropriate agency of authority of any
other state, the District of Columbia, any territory or possession of the
United States or foreign state, province or country.
(Added to NRS by 1975, 1571; A 1977, 1454; 1983, 778)
Repealed. (See chapter 408,
Statutes of Nevada 2005, at page 1641 .)
“Recreational
park trailer” has the meaning ascribed to it in NRS 482.1005 .
(Added to NRS by 2001, 1726 )
“Responsible managing employee” means the person designated by the
employer to exercise authority in connection with his principal or
employer’s business in the following manner:
1. To make technical and administrative decisions.
2. To hire, superintend, promote, transfer, lay off, discipline or
discharge other employees and to direct them, either personally or
through others, or effectively recommend such action on behalf of his
principal or employer.
(Added to NRS by 1979, 1201)
“Salesman” means any person
employed by a dealer under any form of contract or arrangement to sell,
rent, lease, exchange or buy, or offer for sale, rental, lease or
exchange, an interest in a manufactured home, mobile home or commercial
coach to any person, and who receives or expects to receive a commission,
fee or any other consideration from his employer.
(Added to NRS by 1975, 1572; A 1977, 1455; 1983, 779; 1999, 861
; 2005, 1628 )
Repealed. (See chapter 408,
Statutes of Nevada 2005, at page 1641 .)
1. “Specialty serviceman” means a person who owns or is the
responsible managing employee of a business which is limited in the scope
of the work it may perform on or in a manufactured home, mobile home or
commercial coach in accordance with NRS 489.325 .
2. The term does not include:
(a) A licensed manufacturer engaged in the repair or service of a
manufactured home, mobile home or commercial coach that was manufactured
by the licensed manufacturer;
(b) The owner or purchaser of a manufactured home or mobile home
who uses the manufactured home or mobile home as his private residence; or
(c) The owner or purchaser of a commercial coach who uses the
commercial coach for his own industrial, professional or commercial
purposes.
(Added to NRS by 2005, 1626 )
“Travel trailer” means a
portable structure mounted on wheels, consisting of a vehicular chassis
primarily designed as temporary living quarters for recreational, camping
or travel use and designed to be drawn by another vehicle, and designated
by the manufacturer as a travel trailer. The term does not include a
recreational park trailer.
(Added to NRS by 1973, 1066; A 1977, 1455; 1979, 1216; 2001, 1727
)
“Used manufactured
home,” “used mobile home,” “used travel trailer” or “used commercial
coach” means a manufactured home, mobile home, travel trailer or
commercial coach, respectively, which has been:
1. Sold, rented or leased and occupied prior to or after the sale,
rental or lease; or
2. Registered with or been the subject of a certificate of title
issued by the appropriate agency of authority of any other state, the
District of Columbia, or any territory or possession of the United States
or foreign state, province or country.
(Added to NRS by 1975, 1572; A 1977, 1455; 1983, 779)
ADMINISTRATION AND ENFORCEMENT
The provisions of this
chapter must be administered by the Division, subject to administrative
supervision by the Director of the Department of Business and Industry.
(Added to NRS by 1979, 1202; A 1993, 1653)
The Administrator shall:
1. Possess a broad knowledge of generally accepted management
practices and be reasonably well informed on laws governing manufactured
homes, mobile homes, travel trailers and commercial coaches.
2. Hold no interest in any firm which sells, manufactures,
rebuilds or services any manufactured home, mobile home, travel trailer
or commercial coach or installs any manufactured home, mobile home or
commercial coach, nor may he act as agent for any of them.
(Added to NRS by 1979, 1202; A 1983, 779)
No employee of the Division may hold an interest in any firm
which sells, manufactures, rebuilds or services any manufactured home,
mobile home, travel trailer or commercial coach or installs any
manufactured home, mobile home or commercial coach, nor act as an agent
for any of them.
(Added to NRS by 1979, 1202; A 1983, 779)
1. In order to carry out the provisions of this chapter, the
Administrator may:
(a) Issue subpoenas for the attendance of witnesses or the
production of books, papers and documents; and
(b) Conduct hearings.
2. The Administrator may apply for and receive grants from the
Secretary of Housing and Urban Development for developing and carrying
out a plan for enforcement and administration of federal standards of
safety and construction respecting manufactured homes offered for sale or
lease in this state.
3. The Administrator may adopt regulations to ensure acceptance by
the Secretary of Housing and Urban Development of the state plan for
administration and enforcement of federal standards of safety and
construction respecting manufactured homes in accordance with the
National Manufactured Housing Construction and Safety Standards Act of
1974 (42 U.S.C. §§ 5401 et seq.).
4. The Administrator may:
(a) Make inspections;
(b) Approve plans and specifications;
(c) Provide technical services;
(d) Issue licenses, certificates of ownership and certificates and
labels of compliance and installation;
(e) Enter into reciprocal agreements with other states or private
organizations that adopt and maintain standards reasonably consistent
with this chapter;
(f) Collect the fees provided for in this chapter; and
(g) Adopt regulations necessary to carry out his duties under this
chapter.
5. The Administrator or his representative may enter, at
reasonable times and without notice, any mobile home park or place of
business or any factory, warehouse or establishment in which manufactured
homes, mobile homes or travel trailers are manufactured, stored or held
for sale and inspect at reasonable times in a reasonable manner the
premises and books, papers, records and documents which are relevant to
the manufacture and sale of manufactured homes, mobile homes or travel
trailers and compliance with the National Manufactured Housing
Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.)
and to compliance by landlords of mobile home parks with the prohibition
in NRS 118B.140 against charging or
receiving any entrance or exit fee. A magistrate shall issue a warrant to
permit an inspection if the Administrator has shown:
(a) Evidence that a violation of a provision of this chapter or of
the prohibition in NRS 118B.140
against charging or receiving any entrance or exit fee has been committed
or is being committed; or
(b) That the business has been chosen for an inspection on the
basis of a general administrative plan for the enforcement of the
provisions of this chapter.
(Added to NRS by 1979, 1202; A 1981, 85, 1852; 1983, 780)
1. Except as otherwise provided in this section, all money
collected from administrative fines imposed pursuant to this chapter must
be deposited in the State General Fund.
2. The money collected from an administrative fine may be
deposited with the State Treasurer for credit to the Fund for
Manufactured Housing created pursuant to NRS 489.491 if:
(a) The person pays the administrative fine without exercising his
right to a hearing to contest the administrative fine; or
(b) The administrative fine is imposed in a hearing conducted by a
hearing officer or panel appointed by the Administrator.
3. The Administrator may appoint one or more hearing officers or
panels and may delegate to those hearing officers or panels the power of
the Administrator to conduct hearings and other proceedings, determine
violations, impose fines and penalties and take other disciplinary action
authorized by the provisions of this chapter.
4. If money collected from an administrative fine is deposited in
the State General Fund, the Administrator may present a claim to the
State Board of Examiners for recommendation to the Interim Finance
Committee if money is needed to pay attorney’s fees or the costs of an
investigation, or both.
(Added to NRS by 2005, 1628 )
The Administrator or his designee shall regulate, in accordance
with the standards established by the regulations of the Division
pursuant to chapter 461 of NRS, a structure
built in compliance with the requirements of chapter 461 of NRS.
(Added to NRS by 1995, 2601)
The Administrator shall adopt
regulations:
1. Consistent with the federal regulations governing procedure and
enforcement respecting manufactured homes to administer and enforce
federal construction and safety standards respecting manufactured homes
in accordance with the National Manufactured Housing Construction and
Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.).
2. For the construction of commercial coaches that are reasonably
consistent with nationally recognized standards.
3. For the:
(a) Reconstruction; and
(b) Alteration, including that done to a plumbing, heating or
electrical system,
Ê of mobile homes and commercial coaches that are reasonably consistent
with nationally recognized standards.
4. For the issuance of certificates and labels of compliance. The
regulations must provide for, without limitation:
(a) Inspection at the place of manufacture;
(b) Submission and approval of plans and specifications or for the
actual inspection and approval of the mobile home, travel trailer or
commercial coach or acceptance of a label of compliance issued by another
state or a private organization which the Administrator finds has a
competent inspection program reasonably consistent with this chapter; and
(c) Revocation for cause, upon notice and hearing, of the right of
a manufacturer to sell mobile homes, travel trailers or commercial
coaches in this state for use in this state.
5. Consistent with nationally recognized standards governing the
minimum requirements for the design of travel trailers.
(Added to NRS by 1979, 1208; A 1981, 1191; 1983, 781; 1993, 2052)
1. The Administrator shall adopt regulations pertaining to:
(a) Safety standards for the installation, support and tie down of
manufactured homes, mobile homes or commercial coaches which are designed
to protect the health and safety of occupants of manufactured homes,
mobile homes or commercial coaches against uplift, sliding, rotation and
overturning, subject to the following provisions:
(1) Safety standards must be reasonably consistent with
nationally recognized standards for placement, support and tie down of
manufactured homes, mobile homes or commercial coaches.
(2) The Administrator may designate wind pressure zones in
which the regulations for tie down of manufactured homes, mobile homes or
commercial coaches apply.
(b) The inspection of plumbing, heating, cooling, fuel burning and
electrical systems connections to a manufactured home, mobile home or
commercial coach at the time of installation of the manufactured home,
mobile home or commercial coach, which regulations are designed to
protect the health and safety of occupants of manufactured homes, mobile
homes and commercial coaches.
2. Unless the Division determines otherwise, the plumbing,
heating, cooling, fuel burning and electrical systems of a manufactured
home, mobile home or commercial coach may not be connected or activated
until a certificate of installation has been issued and a label of
installation affixed to the manufactured home, mobile home or commercial
coach.
(Added to NRS by 1979, 1208; A 1983, 781)
1. The Administrator may adopt regulations pertaining to the
construction, installation and use of accessory structures and devices
which burn solid fuel and air-conditioning for manufactured homes and
mobile homes consistent with nationally recognized construction
standards, except where those standards conflict with the standards
adopted under the National Manufactured Housing Construction and Safety
Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.) and would prevent
enforcement of that act in this state.
2. As used in this section, “accessory structure” includes
awnings, cabanas, carports, porches, skirting or steps established for
the use of the occupant of the manufactured home or mobile home and which
depends upon the manufactured home or mobile home for some or all of its
structural support.
(Added to NRS by 1979, 1208; A 1981, 1191; 1983, 782; 1993, 1186)
1. The Administrator may adopt regulations establishing a system
for the issuance and renewal of permits for the installation, design,
approval or modification of manufactured homes, mobile homes or
commercial coaches.
2. The regulations may include, without limitation:
(a) The requirements and procedures for applying for and renewing a
permit;
(b) The criteria for determining whether to issue or renew a permit;
(c) The grounds for revocation and the requirements for
reinstatement of a permit; and
(d) The procedures for the enforcement of a system for issuing and
renewing permits.
(Added to NRS by 2005, 808 )
1. The Division may establish a trust account in the State
Treasury in which persons who require the services of the Division may
deposit advance fees for payment of those services. Unless the
appropriate fee accompanies the request for service, upon providing the
service the Division shall cause the account to be debited.
2. The Division shall prescribe, by regulation, the services for
which advance fees may be deposited and paid for upon providing the
service.
3. The trust account established pursuant to this section must be
administered by the Administrator.
(Added to NRS by 1995, 956)
The Administrator shall adopt regulations:
1. Requiring a person who is buying or selling a manufactured
home, mobile home or commercial coach pursuant to:
(a) A sale to satisfy a lien; or
(b) A contract for sale or other agreement by which the certificate
of title or certificate of ownership does not pass immediately from the
seller to the buyer upon the sale,
Ê to submit to the Administrator such information regarding the sale as
he deems necessary.
2. Establishing requirements for the issuance or transfer of a
certificate of title or certificate of ownership of a mobile home,
manufactured home or a commercial coach in cases involving:
(a) More than one transferor or transferee;
(b) A transferor or transferee who holds a certificate of title or
certificate of ownership in trust for another person; or
(c) A sale to satisfy a lien.
(Added to NRS by 1993, 233)
1. The Division shall adopt regulations for the issuance and
renewal of a limited dealer’s license authorizing a person other than a
bank, savings and loan association, credit union, thrift company or other
financial institution to act as a repossessor or liquidator concerning
manufactured homes, mobile homes or commercial coaches.
2. Regulations adopted by the Division concerning the issuance and
renewal of a limited dealer’s license must not require more than 2 hours
of continuing education per year and the required continuing education
must be limited to topics relating to the processes and procedures for
the sale of a manufactured home.
(Added to NRS by 1987, 2087; A 2005, 1607 )
1. The Division shall adopt regulations concerning continuing
education requirements for general servicemen and specialty servicemen of
manufactured homes, mobile homes or commercial coaches, and responsible
managing employees and salesmen. The regulations must include the:
(a) Criteria for determining what qualifies as continuing education;
(b) Criteria for approving educational and training programs;
(c) Requirements for submitting evidence of completion; and
(d) Grounds and procedures for granting an extension of time within
which to comply with continuing education requirements.
2. In adopting regulations pursuant to subsection 1, the Division
shall:
(a) Allow for alternative subjects, instructors, schools and
sources of programs, with consideration for specialized areas of
practice, availability and proximity of resources to the licensees and
applicants, and the time and expense required to participate in the
programs.
(b) Approve courses offered by generally accredited educational
institutions and private vocational schools if those courses otherwise
qualify as continuing education.
(c) Approve training and educational programs and seminars offered
by:
(1) Individual sponsors;
(2) Manufactured housing firms and businesses such as
dealers, general servicemen, specialty servicemen, manufacturers of
manufactured homes, mobile homes or commercial coaches, and suppliers of
the various components for constructing such homes or coaches, including
heating and air-conditioning systems, material for roofing and siding,
skirting, awnings and other components;
(3) Professional and industry-related organizations; and
(4) Other organized educational programs concerning
technical or specialized subjects, including in-house training programs
offered by an employer for his employees and participation in meetings
and conferences of industry-related organizations.
(d) Solicit advice and assistance from persons and organizations
that are knowledgeable in the construction, sale, installation,
rebuilding and servicing of manufactured homes, mobile homes or
commercial coaches and the method of educating licensees.
3. The Division is not responsible for the costs of any continuing
education program, but may participate in the funding of those programs
subject to legislative appropriations.
4. As used in this section, “industry-related organizations”
includes, without limitation, the:
(a) Manufactured Housing Institute;
(b) Manufactured Home Community Owners Association;
(c) Nevada Association of Manufactured Home Owners, Inc.;
(d) Nevada Association of Realtors; and
(e) Any other organization approved by the Division.
(Added to NRS by 1997, 2986; A 2001, 486 ; 2005, 1629 )
1. Except as otherwise provided in subsection 2, a city or county
building department may, with the written approval of the Division,
enforce all regulations adopted pursuant to this chapter and make all
inspections within its jurisdiction required by those regulations
regarding the installation and tie down of manufactured homes, mobile
homes or commercial coaches. Those inspections must be conducted in
compliance with the provisions of this chapter and the regulations
adopted pursuant to this chapter.
2. If a city or county building department fails to enforce the
regulations adopted pursuant to this chapter or make the inspections
required by subsection 1, the Division shall enforce those regulations
and make the inspections in that jurisdiction, and may, at no cost to the
local governing body, engage an independent contractor to perform any
inspection.
(Added to NRS by 1993, 1185; A 2005, 808 )
Except as otherwise provided in NRS 278.02095 :
1. A local governing body may adopt ordinances and regulations
which, except for ordinances and regulations regarding any prerequisites
to the classification of a manufactured home or mobile home as real
property pursuant to NRS 361.244 , are
no more stringent than the provisions of this chapter, the regulations
adopted pursuant to this chapter and applicable federal statutes and
regulations. Compliance with an ordinance or regulation of a local
governing body does not excuse any person from compliance with this
chapter and the regulations adopted pursuant to this chapter.
2. The provisions of this chapter and the regulations adopted
pursuant to this chapter supersede and preempt any ordinance or
regulation of a local governing body that is more stringent than those
provisions, except for an ordinance or regulation regarding any
prerequisites to the classification of a manufactured home or mobile home
as real property pursuant to NRS 361.244 .
(Added to NRS by 1993, 1185; A 1999, 3466 )
A local
governing body may apply to the Administrator for a variance, within the
geographical jurisdiction of the local governing body, from any of the
regulations adopted pursuant to this chapter. The Administrator may, for
good cause shown, grant such a variance.
(Added to NRS by 1993, 1185)
1. If the Administrator finds a violation of this chapter or of
the prohibition in NRS 118B.140
against charging or receiving an entrance or exit fee, or of any
regulation adopted pursuant to this chapter, he may issue a notice of
violation to the person who he alleges has violated the provision. The
notice of violation must set forth the violation which the Administrator
alleges with particularity and specify the corrective action which is to
be taken and the time within which the action must be taken. If the
person is alleged to have violated the prohibition in NRS 118B.140 against charging or receiving an entrance or
exit fee, the notice of violation must specify that the fee be repaid in
full, and may specify any other corrective action which the Administrator
deems necessary.
2. Any person who fails to take the corrective action required in
a notice of violation is guilty of a misdemeanor and the Administrator
may:
(a) Apply to the district court for the judicial district in which
the violation is alleged to have occurred for an injunction and any other
relief which the court may grant to compel compliance;
(b) Request that the district attorney of the county in which the
violation is alleged to have occurred prosecute the person for the
violation;
(c) If the person is alleged to have violated the prohibition in
NRS 118B.140 against charging or
receiving an entrance or exit fee, assess a penalty against the person
equal to three times the amount of the fee which was charged or received;
or
(d) If the person is alleged to have violated NRS 489.311 and while acting without a license is alleged
to have caused damage to a mobile home, manufactured home or commercial
coach, require that the person reimburse the owner of the mobile home,
manufactured home or commercial coach for the cost of repairing such
damage and assess a penalty against that person equal to the estimated
cost of such repairs.
3. The assessment of a penalty pursuant to paragraph (c) or (d) of
subsection 2 is a contested case.
4. Any person who is found to have violated a provision of this
chapter, the prohibition in NRS 118B.140 against charging or receiving an entrance or
exit fee, or a regulation adopted pursuant to this chapter, is liable for
the cost incurred by the Division in enforcing the provision or
regulation.
(Added to NRS by 1981, 1852; A 1985, 344; 1997, 211)
1. If any person to whom the Administrator has directed a subpoena
refuses to attend, testify or produce evidence which the subpoena
requires, the Administrator may present a petition to the district court
for the judicial district in which the investigation or hearing is being
carried on, setting forth that:
(a) Notice has been given of the time and place at which the person
was required to attend, testify or produce evidence;
(b) A subpoena has been served on the witness or custodian of the
evidence in sufficient time to enable him to comply with its provisions;
and
(c) The person has failed or refused to attend, to answer
questions, or to produce evidence required by the subpoena,
Ê and asking that the court issue an order compelling the person to
attend and to testify or produce the evidence specified in the subpoena.
2. When the district court receives a petition from the
Administrator, it shall order the person to whom the subpoena was
directed to appear at a time and place fixed by the court in its order,
which must be not more than 10 days after the date of the order, and show
cause why he should not be held in contempt. A certified copy of the
order must be served on the person to whom the subpoena was directed.
3. If it appears to the court that the subpoena was properly
issued by the Administrator and that there is not sufficient reason that
the person failed or refused to appear, the court shall order the person
to appear at the time and place fixed by the court and to testify or
produce the required evidence. If the person fails to comply with the
order of the court, he must be punished as for a contempt of court.
(Added to NRS by 1981, 1851)
1. If an inspection reveals that a used manufactured home, mobile
home or commercial coach is constructed or maintained in violation of
this chapter, the Division may order its use discontinued and the used
manufactured home, mobile home or commercial coach, or any portion
thereof, vacated.
2. The order to vacate must be served upon the person using the
used manufactured home, mobile home or commercial coach and copies of the
order must also be posted at or upon each exit of the used manufactured
home, mobile home or commercial coach.
3. The order to vacate must include a reasonable time within which
the violation may be corrected.
4. A person shall not occupy or use the used manufactured home,
mobile home or commercial coach in violation of the order to vacate.
(Added to NRS by 1981, 1190; A 1983, 783; 1985, 344)
1. Whenever any construction, rebuilding or other work is
performed in violation of this chapter or any regulation adopted pursuant
to this chapter, the Division may order the work stopped.
2. The order to stop work must be served upon the person doing the
work or upon the person causing the work to be done. The person served
with the order shall immediately cease the work until authorized by the
Division to continue it.
3. A copy of the order to stop work must be posted at or upon a
recognized entrance of the used manufactured home, mobile home or
commercial coach.
(Added to NRS by 1981, 1190; A 1983, 783)
CONSTRUCTION, SALE AND INSTALLATION
1. In order to engage in business in this state or be entitled to
any other license or permit required by this chapter, each manufacturing
plant must be issued a license for the manufacturing plant by the
Division.
2. The Division shall adopt regulations providing for the issuance
of the license for the manufacturing plant.
(Added to NRS by 1979, 1205; A 1983, 784)
To open a branch office, a dealer,
general serviceman or specialty serviceman, as the case may be, must:
1. Obtain a license from the Division to operate the branch
office; and
2. Provide for direct supervision of the branch office, either by
himself or by employing a responsible managing employee.
(Added to NRS by 1981, 1191; A 1987, 1862; 2005, 1629 )
1. Except as otherwise provided by NRS 489.331 , no person may engage or offer to engage in
the business of a dealer, manufacturer, general serviceman or specialty
serviceman in this State, or be entitled to any other license or permit
required by this chapter, until he has applied for and has been issued a
license by the Division.
2. For the purposes of this section, a person engages in the
business of a dealer, manufacturer, general serviceman or specialty
serviceman in this State if he, without limitation, submits a bid to
perform any activity requiring a license pursuant to this section.
(Added to NRS by 1979, 1203; A 1981, 1853; 1983, 784; 2005, 809
, 1630 )
[Effective until the date of the repeal of the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance
with certain processes relating to paternity or child support
proceedings.]
1. An application for a manufacturer’s, dealer’s, general
serviceman’s or specialty serviceman’s license must be filed upon forms
supplied by the Division and include the social security number of the
applicant. The applicant must furnish:
(a) Any proof the Division may deem necessary that the applicant is
a manufacturer, dealer, general serviceman or specialty serviceman.
(b) Any proof the Division may require that the applicant has an
established place of business.
(c) Any proof the Division may require of the applicant’s good
character and reputation and of his fitness to engage in the activities
for which the license is sought.
(d) A complete set of his fingerprints and written permission
authorizing the Administrator to forward those fingerprints to the
Central Repository for Nevada Records of Criminal History for submission
to the Federal Bureau of Investigation for its report. The Administrator
may exchange with the Central Repository and the Federal Bureau of
Investigation any information relating to the fingerprints of an
applicant under this section.
(e) In the case of a dealer in new manufactured homes, an
instrument in the form prescribed by the Division executed by or on
behalf of the manufacturer certifying that the applicant is an authorized
franchise dealer for the make or makes concerned.
(f) A reasonable fee fixed by regulation.
(g) In the case of a dealer, general serviceman or specialty
serviceman, proof of passing the examination required under NRS 489.351
.
(h) Any additional requirements the Division may from time to time
prescribe by regulation.
2. Within 60 days after the receipt of a complete application, the
Division shall issue or deny the license.
3. The Administrator may issue a provisional license pending
receipt of the report from the Federal Bureau of Investigation. Upon
receipt of the report and a determination by the Administrator that the
applicant is qualified, the Division shall issue to the applicant a
dealer’s, manufacturer’s, general serviceman’s or specialty serviceman’s
license containing the applicant’s name and the address of his fixed
place of business.
4. Each license is valid for a period of 2 years after the date of
issuance and may be renewed for like consecutive periods upon application
to and approval by the Division.
(Added to NRS by 1979, 1203; A 1981, 1853; 1983, 144, 784; 1987,
1862; 1997, 2083; 2003, 2856 ; 2005, 1630 )
[Effective on the date of the repeal of the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance
with certain processes relating to paternity or child support
proceedings.]
1. Applications for a manufacturer’s, dealer’s, general
serviceman’s or specialty serviceman’s license must be filed upon forms
supplied by the Division, and the applicant shall furnish:
(a) Any proof the Division may deem necessary that the applicant is
a manufacturer, dealer, general serviceman or specialty serviceman.
(b) Any proof the Division may require that the applicant has an
established place of business.
(c) Any proof the Division may require of the applicant’s good
character and reputation and of his fitness to engage in the activities
for which the license is sought.
(d) A complete set of his fingerprints and written permission
authorizing the Administrator to forward those fingerprints to the
Central Repository for Nevada Records of Criminal History for submission
to the Federal Bureau of Investigation for its report. The Administrator
may exchange with the Central Repository and the Federal Bureau of
Investigation any information respecting the fingerprints of an applicant
under this section.
(e) In the case of a dealer in new manufactured homes, an
instrument in the form prescribed by the Division executed by or on
behalf of the manufacturer certifying that the applicant is an authorized
franchise dealer for the make or makes concerned.
(f) A reasonable fee fixed by regulation.
(g) In the case of a dealer, general serviceman or specialty
serviceman, proof of passing the examination required under NRS 489.351
.
(h) Any additional requirements the Division may from time to time
prescribe by regulation.
2. Within 60 days after receipt of a complete application, the
Division shall issue or deny the license.
3. The Administrator may issue a provisional license pending
receipt of the report from the Federal Bureau of Investigation. Upon
receipt of the report and a determination by the Administrator that the
applicant is qualified, the Division shall issue to the applicant a
dealer’s, manufacturer’s, general serviceman’s or specialty serviceman’s
license certificate containing the applicant’s name and the address of
his fixed place of business.
4. Each license is valid for a period of 2 years after the date of
issuance and may be renewed for like consecutive periods upon application
to and approval by the Division.
(Added to NRS by 1979, 1203; A 1981, 1853; 1983, 144, 784; 1987,
1862; 1997, 2083; 2003, 2856 ; 2005, 1630 , 1631 , effective on the date of the repeal of
the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings)
If a licensee is a general
serviceman or specialty serviceman of manufactured homes, mobile homes or
commercial coaches, or a responsible managing employee or salesman, the
Division shall not renew a license issued to that licensee until the
licensee has submitted proof satisfactory to the Division that he has,
during the 2-year period immediately preceding the renewal of the
license, completed at least 8 hours of continuing education approved by
the Division pursuant to NRS 489.285 .
(Added to NRS by 1997, 2987; A 2001, 487 ; 2005, 1631 )
1. The Administrator may adopt regulations which provide for the
licensing of specialty servicemen. A person licensed as a specialty
serviceman pursuant to this section must be limited in the scope of the
work he may perform to installation or repair in one of the following
categories:
(a) Awnings, roofing or skirting;
(b) Plumbing;
(c) Heating and air-conditioning systems;
(d) Electrical systems; or
(e) Any other category that may be similarly licensed by the State
Contractors’ Board.
2. The Administrator shall provide in those regulations for:
(a) The imposition of reasonable fees for application, examination
and licensure.
(b) The creation and administration of a written or oral
examination for each category of limited licensure.
(c) Minimum qualifications for such a license, including, without
limitation, the passage of the applicable examination.
3. A person who is licensed as a specialty serviceman shall comply
with each statute and regulation which applies to general servicemen,
including, without limitation, the payment of a fee required pursuant to
subparagraph 1 of paragraph (c) of subsection 2 of NRS 489.4971 .
(Added to NRS by 1993, 827; A 1999, 861 ; 2003, 587 ; 2005, 1631 )
A licensed real estate broker and his licensed salesmen
may, without applying for or obtaining any license issued pursuant to the
provisions of this chapter, sell used manufactured homes and used mobile
homes when the sale is in connection with the sale of a fee simple
interest in real property and the used manufactured home or used mobile
home is situated on the real property sold.
(Added to NRS by 1979, 1204; A 1983, 785; 1991, 1326; 2005, 664
)
1. The Division shall adopt regulations for the issuance of
limited resale licenses authorizing a landlord or manager to sell a used
mobile home. Regulations adopted pursuant to this section must specify
the requirements for licensure, including, without limitation, any
educational requirements.
2. A person who is licensed pursuant to the regulations described
in subsection 1 may sell a used mobile home if:
(a) The mobile home is located in a mobile home park that the
landlord or manager owns, leases or manages; and
(b) The landlord or manager purchased the mobile home at a sale to
enforce a lien pursuant to NRS 108.270
to 108.360 , inclusive.
3. As used in this section:
(a) “Landlord” has the meaning ascribed to it in NRS 118B.014
.
(b) “Manager” has the meaning ascribed to it in NRS 118B.0145
.
(c) “Mobile home park” has the meaning ascribed to “manufactured
home park” in NRS 118B.017 .
(Added to NRS by 2001, 1947 )
[Effective until the date of the repeal of the federal law requiring each
state to establish procedures for withholding, suspending and restricting
the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings.]
1. A person shall not act as a salesman in this State or as a
responsible managing employee for a person who sells, leases,
reconstructs, improves, repairs or installs any manufactured home, mobile
home or commercial coach subject to the provisions of this chapter
without first having received a license from the Division. Before issuing
such a license, the Division shall require:
(a) An application, signed and verified by the applicant, stating
that he desires to act as a salesman or responsible managing employee and
providing his residential address, his social security number and the
name and address of his employer.
(b) Proof of the employment of the applicant at the time the
application is filed. An applicant for a license as a responsible
managing employee shall submit proof of 2 years’ experience within the
previous 4 years in the business in which the applicant is seeking to be
licensed as a responsible managing employee.
(c) Proof of the applicant’s good character and reputation and of
his fitness to act as a salesman or responsible managing employee.
(d) A complete set of his fingerprints and written permission
authorizing the Administrator to forward those fingerprints to the
Central Repository for Nevada Records of Criminal History for submission
to the Federal Bureau of Investigation for its report. The Administrator
may exchange with the Central Repository and the Federal Bureau of
Investigation any information relating to the fingerprints of an
applicant.
(e) A statement as to whether any previous application of the
applicant has been denied or license revoked.
(f) Payment of a reasonable license fee established by regulation.
(g) The applicant to have passed the examination required by NRS
489.351 .
(h) Any other information the Division deems necessary.
2. Within 60 days after the receipt of a complete application, the
Division shall issue or deny the license.
3. The Administrator may issue a provisional license pending
receipt of the report from the Federal Bureau of Investigation. Upon
receipt of the report and a determination by the Administrator that the
applicant is qualified, the Administrator shall issue to the applicant a
license as a salesman or a responsible managing employee. The license
must contain the licensee’s name and the address of his employer’s place
of business.
4. Each license is valid for 2 years after the date of issuance
and may be renewed for like consecutive periods upon application to and
approval by the Division.
5. A person licensed pursuant to this section shall not engage in
sales activity other than for the account of, or for and in behalf of, a
single employer who is a licensed dealer.
6. A license issued pursuant to this section may be transferred to
another licensed employer upon application and the payment of a transfer
fee of $10. When a salesman or responsible managing employee holding a
current license leaves the employment of one dealer, general serviceman
or specialty serviceman for that of another, the new employer may employ
the salesman or responsible managing employee pending the transfer of the
license if the transfer is completed within 10 days.
7. A license issued pursuant to this section must be posted in a
conspicuous place on the premises of the employer for whom the holder of
the license is licensed.
8. If a salesman or responsible managing employee ceases to be
employed by a licensed dealer, general serviceman or specialty
serviceman, his license to act as a salesman or responsible managing
employee is automatically suspended and his right to act in that capacity
immediately ceases, and he shall not engage in such an activity until
reemployed by a licensed dealer, general serviceman or specialty
serviceman. Every licensed salesman and responsible managing employee
shall report in writing to the Division every change in his place of
employment or termination of employment within 5 days after the date of
making the change.
(Added to NRS by 1979, 1204; A 1981, 1854; 1983, 786; 1991, 1326;
1997, 2084; 2003, 2857 ; 2005, 1632 )
[Effective on the date of the repeal of the federal law requiring each
state to establish procedures for withholding, suspending and restricting
the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings.]
1. A person shall not act as a salesman in this State or as a
responsible managing employee for a person who sells, leases,
reconstructs, improves, repairs or installs any manufactured home, mobile
home or commercial coach subject to the provisions of this chapter
without first having received a license from the Division. Before issuing
such a license, the Division shall require:
(a) An application, signed and verified by the applicant, stating
that he desires to act as a salesman or responsible managing employee and
providing his residential address and the name and address of his
employer.
(b) Proof of the employment of the applicant at the time the
application is filed. An applicant for a license as a responsible
managing employee shall submit proof of 2 years’ experience within the
previous 4 years in the business in which the applicant is seeking to be
licensed as a responsible managing employee.
(c) Proof of the applicant’s good character and reputation and of
his fitness to act as a salesman or responsible managing employee.
(d) A complete set of his fingerprints and written permission
authorizing the Administrator to forward those fingerprints to the
Central Repository for Nevada Records of Criminal History for submission
to the Federal Bureau of Investigation for its report. The Administrator
may exchange with the Central Repository and the Federal Bureau of
Investigation any information respecting the fingerprints of an applicant.
(e) A statement as to whether any previous application of the
applicant has been denied or license revoked.
(f) Payment of a reasonable license fee established by regulation.
(g) The applicant to have passed the examination required by NRS
489.351 .
(h) Any other information the Division deems necessary.
2. Within 60 days after receipt of a complete application, the
Division shall issue or deny the license.
3. The Administrator may issue a provisional license pending
receipt of the report from the Federal Bureau of Investigation. Upon
receipt of the report and a determination by the Administrator that the
applicant is qualified, the Administrator shall issue to the applicant a
license as a salesman or a responsible managing employee. The license
must contain the licensee’s name and the address of his employer’s place
of business.
4. Each license is valid for 2 years after the date of issuance
and may be renewed for like consecutive periods upon application to and
approval by the Division.
5. A person licensed pursuant to this section shall not engage in
sales activity other than for the account of or for and in behalf of a
single employer who is a licensed dealer.
6. A license issued pursuant to this section may be transferred to
another licensed employer upon application and the payment of a transfer
fee of $10. When a salesman or responsible managing employee holding a
current license leaves the employment of one dealer, general serviceman
or specialty serviceman for that of another, the new employer may employ
the salesman or responsible managing employee pending the transfer of the
license if the transfer is completed within 10 days.
7. A license issued pursuant to this section must be posted in a
conspicuous place on the premises of the employer for whom the holder of
the license is licensed.
8. If a salesman or responsible managing employee ceases to be
employed by a licensed dealer, general serviceman or specialty
serviceman, his license to act as a salesman or responsible managing
employee is automatically suspended and his right to act in that capacity
immediately ceases, and he shall not engage in such an activity until
reemployed by a licensed dealer, general serviceman or specialty
serviceman. Every licensed salesman and responsible managing employee
shall report in writing to the Division every change in his place of
employment or termination of employment within 5 days after the date of
making the change.
(Added to NRS by 1979, 1204; A 1981, 1854; 1983, 786; 1991, 1326;
1997, 2084; 2003, 2857 ; 2005, 1632 , 1633 , effective on the date of the repeal of
the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings)
[Expires by
limitation on the date of the repeal of the federal law requiring each
state to establish procedures for withholding, suspending and restricting
the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings.]
1. A natural person who applies for the issuance or renewal of a
manufacturer’s, dealer’s, general serviceman’s, specialty serviceman’s,
salesman’s or managing employee’s license shall submit to the Division
the statement prescribed by the Division of Welfare and Supportive
Services of the Department of Health and Human Services pursuant to NRS
425.520 . The statement must be
completed and signed by the applicant.
2. The Division shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the license; or
(b) A separate form prescribed by the Division.
3. A manufacturer’s, dealer’s, general serviceman’s, specialty
serviceman’s, salesman’s or managing employee’s license may not be issued
or renewed by the Division if the applicant is a natural person who:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Division shall
advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
(Added to NRS by 1997, 2082; A 2005, 1634 )
1. Every partnership doing business as a manufacturer, dealer,
general serviceman or specialty serviceman in this State shall designate
one of its members, and every corporation doing business as a
manufacturer, dealer, general serviceman or specialty serviceman in this
State shall designate one of its officers, to submit an application for a
manufacturer’s, dealer’s, general serviceman’s or specialty serviceman’s
license.
2. The Division shall issue a manufacturer’s, dealer’s, general
serviceman’s or specialty serviceman’s license to the member or officer
on behalf of the corporation or partnership, upon:
(a) The designated member or officer, in the case of a dealer,
general serviceman or specialty serviceman, successfully passing the
examination requirement pursuant to NRS 489.351 ; and
(b) Compliance with all other requirements of law or any other
additional requirements the Division may from time to time prescribe by
regulation by the partnership or corporation, as well as by the
designated member or officer.
3. Upon receipt of the license, the designated member or officer
is entitled to perform all the acts authorized by a license issued by the
Division, except:
(a) That the license issued entitles the designated member or
officer to act pursuant to the terms and conditions of the license issued
by the Division only as officer or agent of the partnership or
corporation, and not on his own behalf; and
(b) That if the person designated by the partnership or corporation:
(1) Is refused a license by the Division; or
(2) Ceases to be connected with the partnership or
corporation,
Ê the partnership or corporation may designate another person who shall
make application and qualify as in the first instance.
(Added to NRS by 1995, 955; A 2005, 1635 )
Each member or officer of a partnership or corporation who will perform
or engage in any of the acts specified in NRS 489.076 , 489.102 ,
489.115 or 489.147 , other than the member or officer designated
for that purpose by the partnership or corporation in the manner provided
in NRS 489.343 , must apply for and take
out a separate manufacturer’s, dealer’s, general serviceman’s or
specialty serviceman’s license in his own name. The license issued to any
such member or officer of a partnership or corporation entitles the
member or officer to act as a manufacturer, dealer, general serviceman or
specialty serviceman only as an officer or agent of the partnership or
corporation and not on his own behalf.
(Added to NRS by 1995, 955; A 2005, 1636 )
The
Administrator shall require an oral or written examination of each
applicant for a license as a dealer, responsible managing employee,
salesman, general serviceman or specialty serviceman.
(Added to NRS by 1979, 1205; A 1981, 1856; 1989, 1267; 2005, 1636
)
1. A license issued pursuant to this chapter must not be used for
any purpose by any person other than the person to whom the license is
issued.
2. The holder of such a license shall not assign, transfer or
otherwise authorize the use of the license by any other person.
3. In addition to any other remedy or penalty authorized pursuant
to this chapter, if the holder of a license violates any provision of
this section, the violation is cause for the automatic cancellation and
revocation of the license.
(Added to NRS by 2005, 1626 )
The Division
may impose an administrative fine of not more than $1,000 per violation,
and may deny, suspend or revoke any license issued under this chapter or
reissue the license subject to reasonable conditions upon any of the
grounds set forth in NRS 489.391 to
489.421 , inclusive, which constitute
grounds for disciplinary action. If discipline is imposed pursuant to
this section, the costs of the proceeding, including investigative costs
and attorney’s fees, may be recovered by the Division.
(Added to NRS by 1979, 1205; A 1993, 899; 1997, 96)
The
following grounds, among others, constitute grounds for disciplinary
action under NRS 489.381 :
1. Except for a salesman, failure of the applicant to have an
established place of business or conducting business from a location that
is not authorized by the Division.
2. Financial insolvency of the applicant or licensee.
3. Material misstatement in the application or otherwise
furnishing false information to the Division.
4. Failure of a salesman or applicant for licensing as a salesman
to establish by proof satisfactory to the Division that he is employed by
a licensed dealer.
5. Failure of an applicant for a license to provide proof
satisfactory to the Division of his good character and reputation and of
his fitness to engage in the activities for which the license is sought.
6. Any conduct before licensing which was in fact unknown to the
Division and would have been grounds for denial of a license had the
Division been aware of the conduct.
7. Obtaining or disclosing the contents of an examination given by
the Division.
(Added to NRS by 1979, 1205; A 1983, 787; 1997, 96; 2005, 1636
)
The following
grounds, among others, constitute grounds for disciplinary action
pursuant to NRS 489.381 :
1. The intentional publication, circulation or display of any
advertising which constitutes a deceptive trade practice as that term is
defined in NRS 598.0915 to 598.0925
, inclusive.
2. Failure to include in any advertising the name of the licensed
dealer, general serviceman or specialty serviceman, or the name under
which he is doing business.
3. Making any substantial misrepresentation or false promise which
is likely to influence, persuade or induce, or continually failing to
fulfill promises to sell, breaching agreements or contracts or making
false promises by any means.
4. Failure to disclose all terms and conditions of a sale,
purchase or lease or offer to sell, purchase or lease a manufactured
home, mobile home or commercial coach.
5. Failure to disclose to a person with whom the licensed dealer
is dealing with regard to the sale, purchase or lease of a manufactured
home any material facts, structural defects or other material information
which the licensed dealer knew, or which by the exercise of reasonable
care and diligence should have known, concerning the manufactured home or
concerning the sale, purchase or lease of the manufactured home.
6. Failure to comply with the provisions of NRS 489.595 .
7. Representing to any lender, guaranteeing agency or other
interested party, orally or through the preparation of false documents:
(a) An amount in excess of the actual sales price;
(b) A false amount as the down payment, earnest money deposit or
other valuable consideration;
(c) Terms differing from those actually agreed upon; or
(d) False information on a credit application.
8. Inducing an applicant to falsify his credit application.
9. Failure to obtain from the holder of any lien or security
interest in a manufactured home, mobile home or commercial coach, within
10 days before the closure of a sale of the manufactured home, mobile
home or commercial coach, a written acknowledgment that the holder of the
lien or security interest has received written notification of the sale.
(Added to NRS by 1979, 1206; A 1983, 787; 1985, 2261; 1989, 651;
1991, 2047; 1993, 1186; 1997, 96; 2005, 1636 )
The
following grounds, among others, constitute grounds for disciplinary
action under NRS 489.381 :
1. Claiming, demanding or receiving a fee, compensation or
commission under any exclusive agreement, authorizing or employing a
licensee to sell, buy or exchange a manufactured home, mobile home or
commercial coach for compensation or commission, where the agreement does
not contain a definite specified date of final and complete termination,
does not set forth the terms and conditions of the exclusive agreement or
is not signed by both the licensee and the owner.
2. While the employee, agent or fiduciary of a licensee,
soliciting, accepting or agreeing to accept any benefit, fee, commission
or compensation for the performance of any of the acts specified in this
chapter from any person except the licensee with whom he is associated or
employed.
3. Paying a commission or other compensation to any person or
employing any person for performing the services of a person required to
be licensed under this chapter who has not first secured his license
pursuant to this chapter.
4. Commingling the money or other property of his principals with
his own or converting the money of others to his own use.
5. Knowingly permitting a person whose license has been revoked or
suspended or who does not hold a valid license to engage on behalf of the
licensed dealer in acts that require a license.
6. In the case of a salesman, failing to give to the licensed
dealer by whom the salesman is employed, as soon as practicable after
receipt, a deposit or other money or consideration entrusted to him by a
person dealing with the salesman as a representative of the licensed
dealer.
7. Failing within a reasonable time to account for or to remit any
money coming into his possession which belongs to others.
8. Failure or refusal by a licensee to pay or otherwise discharge
any final judgment rendered and entered against him which arises out of
the conduct of his business licensed under this chapter.
9. Acting in the dual capacity of agent and undisclosed principal
in a transaction.
(Added to NRS by 1979, 1206; A 1983, 788; 1997, 97)
The
following grounds, among others, constitute grounds for disciplinary
action under NRS 489.381 :
1. Workmanship which:
(a) Is not commensurate with standards of the trade in general;
(b) Is below standards adopted by the Division or the standards
determined by the edition of the Uniform Building Code, Uniform Plumbing
Code or the National Electrical Code, respectively, in effect on July 1,
1983; or
(c) Endangers the life and safety of an occupant of a manufactured
home, mobile home or commercial coach.
2. Failure to honor any warranty or other guarantee given by a
licensee for workmanship or material as a condition of securing a
contract, or of selling, leasing, reconstructing, improving, repairing or
installing any manufactured home, mobile home, commercial coach or
accessory structure.
3. Gross negligence or incompetence in performing an act for which
a license is required pursuant to this chapter.
(Added to NRS by 1983, 776; A 1997, 98)
The following grounds, among
others, constitute grounds for disciplinary action under NRS 489.381
:
1. Revocation or denial of a license issued pursuant to this
chapter or an equivalent license in any other state, territory or country.
2. Failure of the licensee to maintain any other license required
by any political subdivision of this state.
3. Failure to respond to a notice served by the Division as
provided by law within the time specified in the notice.
4. Failure to take the corrective action required in a notice of
violation issued pursuant to NRS 489.291 .
5. Failure or refusing to permit access by the Administrator to
documentary materials set forth in NRS 489.231 .
6. Disregarding or violating any order of the Administrator, any
agreement with the Division, or any provision of this chapter or any
regulation adopted under it.
7. Conviction of a misdemeanor for violation of any of the
provisions of this chapter.
8. Conviction of or entering a plea of guilty or nolo contendere
to:
(a) A felony relating to the position for which the applicant has
applied or the licensee has been licensed pursuant to this chapter; or
(b) A crime of moral turpitude in this state or any other state,
territory or country.
9. Any other conduct that constitutes deceitful, fraudulent or
dishonest dealing.
(Added to NRS by 1979, 1206; A 1981, 1299; 1983, 380, 788; 1987,
1863; 1995, 2475; 1997, 98; 2003, 1497 , 2702 )
1. Upon a finding that a licensed dealer knew, or by the exercise
of reasonable care and diligence should have known, of any unlawful act
or violation of a provision of this chapter by a salesman, general
serviceman or specialty serviceman who is employed by or associated with
the licensed dealer, the Administrator may suspend or revoke the license
of the licensed dealer and impose an administrative fine upon him of not
more than $1,000.
2. Upon a finding that a licensed dealer failed to maintain
adequate supervision of a salesman, general serviceman or specialty
serviceman who, while employed by or associated with the licensed dealer,
committed any unlawful act or violated a provision of this chapter, the
Administrator may suspend or revoke the license of a licensed dealer and
impose an administrative fine upon him of not more than $1,000.
(Added to NRS by 1997, 95; A 2005, 1637 )
[Expires by limitation on the date of the repeal of the federal law
requiring each state to establish procedures for withholding, suspending
and restricting the professional, occupational and recreational licenses
for child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings.]
1. If the Division receives a copy of a court order issued
pursuant to NRS 425.540 that provides
for the suspension of all professional, occupational and recreational
licenses, certificates and permits issued to a person who is the holder
of a manufacturer’s, dealer’s, general serviceman’s, specialty
serviceman’s, salesman’s or managing employee’s license, the Division
shall deem the license issued to that person to be suspended at the end
of the 30th day after the date on which the court order was issued unless
the Division receives a letter issued to the holder of the license by the
district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has
complied with the subpoena or warrant or has satisfied the arrearage
pursuant to NRS 425.560 .
2. The Division shall reinstate a manufacturer’s, dealer’s,
general serviceman’s, specialty serviceman’s, salesman’s or managing
employee’s license that has been suspended by a district court pursuant
to NRS 425.540 if the Division receives
a letter issued by the district attorney or other public agency pursuant
to NRS 425.550 to the person whose
license was suspended stating that the person whose license was suspended
has complied with the subpoena or warrant or has satisfied the arrearage
pursuant to NRS 425.560 .
(Added to NRS by 1997, 2082; A 2005, 1637 )
1. A person who charges or collects an advance fee shall, within 3
months after charging or collecting such a fee, furnish to his principal
an accounting of the use of the money. The Administrator also may require
an accounting by the person of the use of the money.
2. A person shall not accept an advance fee listing unless he is a
dealer, responsible managing employee or salesman who is licensed
pursuant to this chapter.
3. The Administrator may adopt regulations concerning advance fee
listings and the charging and collecting of an advance fee, including,
but not limited to:
(a) Forms to be used for advance fee agreements; and
(b) Reports and forms of accounting required to be kept, made or
submitted to the Division.
4. A violation of this section or the regulations adopted pursuant
to this section constitutes grounds for disciplinary action against a
licensee.
5. As used in this section:
(a) “Advance fee” means the money contracted for, charged, claimed,
collected, demanded or received for an advance fee listing of, an
advertisement for or an offer to sell a manufactured home, mobile home or
commercial coach, if the advance fee listing, advertisement or offer is
issued to promote the sale of a manufactured home, mobile home or
commercial coach or for referral to a business, to dealers or to
salesmen, before the last printing or other last issuance thereof, other
than by a newspaper of general circulation.
(b) “Advance fee listing” includes, but is not limited to:
(1) The name or a list of the names of owners, prospective
buyers or exchangers, or the location of a manufactured home, mobile home
or commercial coach that is offered for sale or exchange.
(2) The location at which prospective or potential buyers or
exchangers of manufactured homes, mobile homes or commercial coaches may
be communicated with or found.
(3) An agreement by which a person who is engaged in the
business of promoting the sale of manufactured homes, mobile homes or
commercial coaches agrees to render to an owner or buyer any service to
promote the sale of the manufactured home, mobile home or commercial
coach for an advance fee.
(4) An agreement by which a person agrees to locate or to
promote the sale of a manufactured home, mobile home or commercial coach
for an advance fee.
Ê The term does not include any publication issued for general
circulation.
(Added to NRS by 1991, 1325)
1. The Administrator may on his own motion, and shall upon
receiving a complaint, investigate the actions of any licensee or any
other person who assumes to act in the capacity of a licensee in this
State. A complaint must be verified and filed with the Division within 2
years after the act complained of.
2. If the Administrator finds that the licensee or other person
has acted in violation of this chapter, and that the violation is not
repeated or continuing, he may attempt to secure a correction of the
violation or satisfaction for the complainant from the licensee or other
person. If his attempt fails or if he determines that disciplinary action
is necessary, he may take disciplinary action.
3. If the Administrator finds that the violation is being
repeatedly or continuously committed, or if in his discretion the
violation warrants disciplinary action, he may take disciplinary action
without seeking correction or satisfaction.
(Added to NRS by 1979, 1207)
1. The Administrator or his designee shall issue an order to cease
and desist to any person or combination of persons who:
(a) Engages in the business or acts in the capacity of a licensee
within this State, including, without limitation, commencing any work for
which a license is required pursuant to this chapter; or
(b) Submits a bid or enters into a contract for a job located
within this State for which a license is required pursuant to this
chapter,
Ê without having a license issued pursuant to this chapter, unless that
person or combination of persons is exempt from licensure pursuant to
this chapter. The order must be served personally or by certified mail
and is effective upon receipt.
2. If it appears that any person or combination of persons has
engaged in acts or practices which constitute a violation of this chapter
or the violation of an order issued pursuant to subsection 1, the
Administrator may request the Attorney General, the district attorney of
the county in which the alleged violation occurred or the district
attorney of any other county in which that person or combination of
persons maintains a place of business or resides, to apply on behalf of
the Administrator to the district court for an injunction restraining the
person or combination of persons from acting in violation of this
chapter. Upon a proper showing, a temporary restraining order, a
preliminary injunction or a permanent injunction may be granted. The
Administrator, as plaintiff in the action, is not required to prove any
irreparable injury.
3. In seeking injunctive relief against any person or combination
of persons for an alleged violation of this chapter, it is sufficient to
allege that the person or combination of persons, upon a certain day and
in a certain county of this State:
(a) Engaged in the business or acted in the capacity of a licensee
within this State; or
(b) Submitted a bid or entered into a contract for a job located
within this State for which a license is required pursuant to this
chapter,
Ê and the person or combination of persons did not have a license issued
pursuant to this chapter and was not exempt from licensure pursuant to
this chapter, without alleging any further or more particular facts
concerning the matter.
4. The issuance of a restraining order or an injunction does not
relieve the person or combination of persons against whom the restraining
order or injunction is issued from criminal prosecution for practicing
without a license.
5. If the court finds that any person or combination of persons
has willfully violated an order issued pursuant to subsection 1, it shall
impose a fine of not less than $250 nor more than $1,000 for each
violation of the order.
(Added to NRS by 2005, 1626 )
1. The applicant or licensee may, within 30 days after receipt of
the notice of denial or complaint, petition the Administrator in writing
for a hearing.
2. Upon filing the petition, a date for hearing must be fixed,
which must be within 30 days after the date on which the petition was
filed.
3. Within 20 days after the hearing, the Administrator shall make
written findings of fact and conclusions.
(Added to NRS by 1979, 1207)
Every commercial coach which is rented, leased
or sold or offered for rent, lease or sale in this State must bear a
certificate and label of compliance issued by this State if the
commercial coach was manufactured on or after July 1, 1977.
(Added to NRS by 1979, 1207; A 1981, 1192; 1983, 789; 1993, 2053)
Except as
otherwise provided in NRS 278.02095 ,
a manufactured home, mobile home, travel trailer or commercial coach for
which a certificate and label of compliance has been issued pursuant to
the provisions of this chapter is not required to comply with any local
building codes or ordinances prescribing standards for plumbing, heating,
electrical systems, body and frame design and construction requirements.
(Added to NRS by 1979, 1208; A 1983, 789; 1999, 3467 )
The Division shall
adopt regulations providing fees for:
1. Certificates of installation;
2. Labels of installation;
3. Certificates of compliance;
4. Labels of compliance;
5. Certificates of ownership;
6. Licenses of manufacturers, dealers, salesmen, responsible
managing employees, general servicemen and specialty servicemen;
7. Licenses for branch offices; and
8. Any other services provided by the Division.
(Added to NRS by 1979, 1209; A 1983, 789; 2005, 1638 )
1. Except as otherwise provided in NRS 489.265 , all fees collected pursuant to the provisions
of this chapter must be deposited in the State Treasury for credit to the
Fund for Manufactured Housing which is hereby created as a special
revenue fund. All expenses of the enforcement of this chapter must be
paid from the Fund.
2. The Fund may not be used for any purpose, except the regulation
of manufactured homes, mobile homes, travel trailers and commercial
coaches and the administration of chapters 461 and 461A of NRS.
3. Claims against the Fund must be paid as other claims against
the State are paid.
(Added to NRS by 1979, 1203; A 1981, 1192; 1983, 790; 1985, 303;
1995, 956)
ACCOUNT FOR EDUCATION AND RECOVERY RELATING TO MANUFACTURED HOUSING
1. The Account for Education and Recovery Relating to Manufactured
Housing is hereby created within the Fund for Manufactured Housing to
satisfy the claims of purchasers of manufactured homes, mobile homes or
commercial coaches against persons licensed pursuant to the provisions of
this chapter. Any balance in the Account over $500,000 at the end of any
fiscal year must be set aside and used by the Administrator for education
relating to manufactured homes, mobile homes, travel trailers or
commercial coaches.
2. Upon the issuance or renewal of the following licenses by the
Division, the licensee must pay, in addition to the original or renewal
license fee, a fee:
(a) For a dealer’s or manufacturer’s original license, or for any
original limited dealer’s license, of $1,000.
(b) For a dealer’s or manufacturer’s renewal license, or a renewal
of any limited dealer’s license, of $600.
(c) For an original or renewal license for:
(1) A general serviceman or specialty serviceman, of $150.
(2) A salesman, of $75.
(3) A responsible managing employee, of $100.
Ê Except as otherwise provided in NRS 489.265 , fees collected pursuant to this section must
be deposited in the State Treasury for credit to the Account.
3. A payment from the Account to satisfy the claim of a purchaser
specified in subsection 1 against a person who is licensed pursuant to
this chapter must be made only upon an appropriate court order that is
issued in an action for fraud, misrepresentation or deceit relating to an
act for which a license is required pursuant to this chapter.
4. If a purchaser specified in subsection 1 commences an action
specified in subsection 3 against a person who is licensed pursuant to
this chapter, the purchaser must serve a copy of the complaint upon the
Administrator within 30 days after the action is commenced.
(Added to NRS by 1981, 1849; A 1983, 790; 1987, 1864, 2088; 1989,
1472; 1993, 1187; 1995, 956; 2001, 487 ; 2003, 1410 ; 2005, 1638 )
1. If a purchaser of a manufactured home, mobile home or
commercial coach obtains a final judgment in any court of competent
jurisdiction against any licensee under this chapter in an action
specified in subsection 3 of NRS 489.4971 , the judgment creditor may, upon the
termination of all proceedings, including appeals in connection with any
judgment, file a verified petition in the court in which the judgment was
entered for an order directing payment from the Account in the amount of
actual damages included in the judgment and unpaid, but not more than
$25,000 per judgment and the liability of the Account may not exceed
$100,000 for any licensee.
2. A copy of the petition must be served upon the Administrator
and an affidavit of service filed with the court. The petition and each
copy of the petition served pursuant to this subsection must set forth
the grounds which entitle the judgment creditor to recover from the
Account and must include a copy of:
(a) The final judgment specified in subsection 1;
(b) The complaint upon which the final judgment was entered; and
(c) If assets are known to exist, the writ of execution that was
returned unsatisfied.
3. The court shall act upon the petition within 30 days after
service and, upon the hearing of the petition, the judgment creditor must
show that:
(a) He is not the spouse of the judgment debtor, or the personal
representative of that spouse.
(b) He has complied with all the requirements of NRS 489.4971
to 489.4989 , inclusive.
(c) He has obtained a judgment of the kind described in subsection
1, stating the amount of the judgment and the amount owing on it at the
date of the petition.
(d) A writ of execution has been issued upon the judgment and that
no assets of the judgment debtor liable to be levied upon in satisfaction
of the judgment could be found, or that the amount realized on the sale
of any of them that were found under the execution was insufficient to
satisfy the judgment, stating the amount so realized and the balance
remaining due.
(e) He and the Division have made reasonable searches and inquiries
to ascertain whether the judgment debtor possesses real or personal
property or other assets, liable to be sold or applied in satisfaction of
the judgment.
(f) The petition has been filed not more than 1 year after the
termination of all proceedings, including reviews and appeals, in
connection with the judgment.
4. A person licensed pursuant to this chapter shall not recover
from the Account for damages related to a transaction in which he acted
in his capacity as a licensee.
(Added to NRS by 1981, 1849; A 1999, 862 ; 2001, 488 ; 2003, 1410 )
1. The Administrator may answer and defend any action against the
Account in the name of the defendant and may use any appropriate method
of review on behalf of the Account.
2. The judgment set forth in the petition must be considered as
prima facie evidence only and the findings of fact in it are not
conclusive for the purposes of this chapter.
3. The Administrator may, subject to court approval, compromise a
claim based upon the application of the judgment creditor. He shall not
be bound by any prior compromise of the judgment debtor.
(Added to NRS by 1981, 1850)
After
the hearing, if the court finds that a claim may be made against the
Account, the court shall enter an order directing the Administrator to
pay from the Account an amount within the limitations set by NRS 489.4975
and 489.4983 .
(Added to NRS by 1981, 1851)
If the
Administrator pays any amount in settlement of a claim or towards
satisfaction of a judgment against a licensee from the Account, the
license is automatically suspended upon the effective date of an order by
the court authorizing payment from the Account. A licensee may not be
granted reinstatement until he has repaid in full, plus interest at the
rate of 12 percent per annum, the amount paid from the Account on his
behalf. Interest is to be computed from the date payment from the Account
is made.
(Added to NRS by 1981, 1851; A 1983, 790)
1. Whenever multiple claims against a licensee are filed against
the Account and they exceed in the aggregate $100,000, the maximum
liability of the Account for the licensee must be distributed among the
claimants in the ratio that their respective claims bear to the total of
all claims, or in any other manner that the court may find equitable.
2. The distribution must be made without regard to the order of
priority in which the claims were filed or judgments entered.
3. Upon the petition of the Administrator, the court may require
all claimants and prospective claimants to be joined in one action so
that the respective rights of all claimants may be equitably determined.
4. If, at any time, the money deposited in the Account is
insufficient to satisfy any authorized claim or portion of a claim, the
Administrator shall, when sufficient money has been deposited in the
Account, satisfy the unpaid claims or portions thereof, in the order that
the claims or portions thereof were originally filed, plus accumulated
interest at the rate of 6 percent per annum.
(Added to NRS by 1981, 1850)
When the
Administrator has paid from the Account any sum to the judgment creditor,
the Administrator is subrogated to all other rights of the judgment
creditor and the judgment creditor shall assign all his right, title and
interest in the judgment to the Administrator and any amount and interest
so recovered by the Administrator on the judgment must be deposited in
the Account.
(Added to NRS by 1981, 1851)
The failure of a person to comply
with any of the provisions of NRS 489.4971 to 489.4989 , inclusive, constitutes a waiver of any
rights under those sections.
(Added to NRS by 1981, 1851)
Nothing contained in NRS 489.4971
to 489.4989 , inclusive, limits the authority of the
Administrator to take disciplinary action against a licensee for a
violation of any of the provisions of this chapter or of the regulations
of the Division, nor does the repayment in full of obligations to the
Account by any licensee nullify or modify the effect of any other
disciplinary proceeding brought pursuant to the provisions of this
chapter or the regulations adopted under it.
(Added to NRS by 1981, 1851)
CERTIFICATES OF OWNERSHIP
1. When a new manufactured home, mobile home or commercial coach
is sold in this state by a dealer, he shall complete a dealer’s report of
sale. The dealer’s report of sale must be in a form prescribed by the
Division and include a description of the manufactured home, mobile home
or commercial coach, the name and address of the seller and the name and
address of the buyer. If in connection with the sale a security interest
is taken or retained by the seller or dealer to secure all or part of the
purchase price, or a security interest is taken by a person who gives
value to enable the buyer to acquire rights in the manufactured home,
mobile home or commercial coach, the name and address of the secured
party or his assignee must be entered on the dealer’s report of sale.
2. The dealer shall require the buyer to sign an acknowledgment of
taxes, on a form prescribed by the Division, which includes a statement
that a manufactured home, mobile home or commercial coach is taxable in
the county in which it is located. A dealer who sells a new manufactured
home, mobile home or commercial coach shall deliver the buyer’s copy of
the acknowledgment of taxes to him at the time of sale and submit another
copy within 30 days after the date of the sale to the county assessor of
the county in which the manufactured home, mobile home or commercial
coach will be located.
3. The dealer shall submit the original of the dealer’s report of
sale and the manufacturer’s certificate or statement of origin to the
Division within 30 days after the execution of all instruments which the
contract of sale required to be executed at the time of sale or within 30
days after the date of sale, whichever is later, unless an extension of
time is granted by the Division.
4. A dealer who sells a new manufactured home, mobile home or
commercial coach shall deliver the buyer’s copy of the report of sale to
him at the time of sale and submit another copy within 30 days after the
date of the sale to the county assessor of the county in which the
manufactured home, mobile home or commercial coach will be located.
(Added to NRS by 1979, 1210; A 1981, 1192; 1983, 791; 1997, 190,
1588)
1. If a used or rebuilt manufactured home, mobile home or
commercial coach is sold in this State by a dealer, the dealer shall
complete a dealer’s report of sale. The report must be in a form
prescribed by the Division and include a description of the manufactured
home, mobile home or commercial coach, the name and address of the seller
and the name and address of the buyer. If a security interest exists at
the time of the sale, or if in connection with the sale a security
interest is taken or retained by the seller or dealer to secure all or
part of the purchase price, or a security interest is taken by a person
who gives value to enable the buyer to acquire rights in the manufactured
home, mobile home or commercial coach, the name and address of the
secured party must be entered on the dealer’s report of sale.
2. The dealer shall submit the original of the dealer’s report of
sale to the Division within 45 days after the execution of all
instruments which the contract of sale requires to be executed at the
time of the sale, unless an extension of time is granted by the Division,
together with the endorsed certificate of title or certificate of
ownership previously issued. The dealer shall furnish one copy of the
report of sale to the buyer at the time of the sale. Within 45 days after
the sale, the dealer shall furnish one copy of the report of sale to the
assessor of the county in which the manufactured home, mobile home or
commercial coach will be located.
3. The dealer shall require the buyer to sign an acknowledgment of
taxes, on a form prescribed by the Division, which includes a statement
that the manufactured home, mobile home or commercial coach is taxable in
the county in which it is located. The dealer shall deliver the buyer’s
copy of the acknowledgment to him at the time of sale and submit another
copy to the county assessor of the county in which the manufactured home,
mobile home or commercial coach is to be located.
4. If a used or rebuilt manufactured home, mobile home or
commercial coach is sold by a dealer pursuant to an installment contract
or other agreement by which the certificate of title or certificate of
ownership does not pass immediately from the seller to the buyer upon the
sale, the dealer shall submit to the Division any information required by
the regulations adopted by the Administrator pursuant to NRS 489.272
.
(Added to NRS by 1979, 1211; A 1983, 791; 1993, 233; 1997, 190;
1999, 2778 ; 2005, 1639 )
1. If a used or rebuilt manufactured home, mobile home or
commercial coach is sold in this State by a person who is not a dealer,
the seller or buyer, or both, shall submit to the Division, and a copy to
the county assessor of the county in which the manufactured home, mobile
home or commercial coach is located, within 45 days after the sale:
(a) If a certificate of ownership has been issued in this State,
that certificate properly endorsed.
(b) If a certificate of title or other document of title has been
issued by a public authority of another state, territory or country:
(1) The certificate or document properly endorsed; and
(2) A statement showing, if not included on the endorsed
certificate or document, the description of the manufactured home, mobile
home or commercial coach, the names and addresses of the buyer and
seller, and the name and address of any person who takes or retains a
purchase money security interest. The statement must be signed and
acknowledged by the seller and buyer.
(c) If a document of title has not been issued by any public
authority, a statement showing all the information and signed and
acknowledged in the manner required by subparagraph (2) of paragraph (b)
of subsection 1.
2. If a used or rebuilt manufactured home, mobile home or
commercial coach is sold by a person who is not a dealer pursuant to an
installment contract or other agreement by which the certificate of title
or certificate of ownership does not pass immediately from the seller to
the buyer upon the sale, the seller or buyer, or both, shall submit to
the Division any information required by the regulations adopted by the
Administrator pursuant to NRS 489.272 .
(Added to NRS by 1979, 1211; A 1983, 792; 1993, 234; 1997, 1589;
2005, 1639 )
1. The Division shall not issue a certificate of ownership of a
used manufactured home or used mobile home unless the county assessor of
the county in which the manufactured home or mobile home was situated at
the time of sale has endorsed on the certificate that all personal
property taxes on that manufactured home or mobile home for the fiscal
year have been paid.
2. Every certificate of ownership issued for a used manufactured
home or mobile home must contain a warning, printed or stamped on its
face, to the effect that title to a used manufactured home or used mobile
home does not pass until the county assessor of the county in which the
manufactured home or mobile home was situated at the time of the sale has
endorsed on the certificate that all personal property taxes on that
manufactured home or mobile home for the fiscal year have been paid.
(Added to NRS by 1979, 1209; A 1981, 1193; 1983, 792; 1991, 2107;
1993, 98)
1. Except as otherwise provided in subsection 4, upon receipt of
the documents required by the Division, the Division shall issue a
certificate of ownership.
2. If no security interest is created or exists in connection with
the sale, the certificate of ownership must be issued to the buyer.
3. If a security interest is created by the sale, the certificate
of ownership must be issued to the secured party or his assignee, and
must show the name of the registered owner.
4. The Division shall not issue a certificate of ownership for a
mobile home that has been determined to be substandard until the
conditions that rendered the mobile home substandard are abated.
(Added to NRS by 1979, 1210; A 1993, 2053)
Upon a
transfer of the title to or the interest of an owner in a manufactured
home, mobile home or commercial coach for which a certificate of
ownership is issued pursuant to the provisions of this chapter, the
person whose title or interest is to be transferred and the transferee
shall write their signatures with ink upon the certificate of ownership
issued for the manufactured home, mobile home or commercial coach,
together with the residence address of the transferee, in the appropriate
spaces provided upon the reverse side of the certificate. Each signature
written upon a certificate of ownership pursuant to the provisions of
this section must be notarized.
(Added to NRS by 1979, 1210; A 1983, 792; 2001, 489 )
Whenever an application is made
to the Division for title of a manufactured home, mobile home or
commercial coach previously titled and the applicant is unable to present
the certificate of ownership previously issued because it is lost or
being unlawfully detained by one in possession or is not otherwise
available, the Division may receive the application and examine the
circumstances of the case and require the filing of affidavits or other
information. When the Division is satisfied that the applicant is
entitled to a certificate of ownership, it may issue the certificate on
the manufactured home, mobile home or commercial coach.
(Added to NRS by 1979, 1210; A 1983, 793)
1. Whenever a security interest is created in a manufactured home,
mobile home or commercial coach, the certificate of ownership must be
delivered to the Division with a statement signed by the debtor showing
the date of the security agreement, the names and addresses of the debtor
and the secured party.
2. The Division shall issue to the secured party a certificate of
ownership with the name and address of the secured party and the name and
address of the registered owner noted on it. If the security interest is
subsequently acquired by another person, or if there is a change in the
name or address of the secured party, the secured party shall apply to
the Division for a corrected certificate of ownership.
3. When the contract or terms of the security agreement have been
fully performed, the seller or other secured party who holds the
certificate of ownership shall deliver the certificate to the person
legally entitled to it with proper evidence of the termination or release
of the security interest.
(Added to NRS by 1979, 1211; A 1983, 793; 1991, 1723)
Compliance with the
provisions of this chapter relating to a security interest in a
manufactured home, mobile home or commercial coach is sufficient for the
perfection and release of that security interest. In all other respects
the rights and duties of the debtor and secured party are governed by the
Uniform Commercial Code—Secured Transactions and chapter 97 of NRS to the extent applicable.
(Added to NRS by 1979, 1211; A 1983, 793; 1985, 303)
LABELS AND CERTIFICATES OF INSTALLATION
The Division shall adopt regulations concerning the issuance
of:
1. Certificates of installation issued by the Division which
certify that the manufactured home, mobile home or commercial coach was
installed in compliance with regulations adopted by the Division.
2. Labels of installation issued by the Division which must be
attached to a manufactured home, mobile home or commercial coach after
the certificate of installation has been issued and removed when the
manufactured home, mobile home or commercial coach is moved from the
location it occupied when the certificate was issued.
(Added to NRS by 1979, 1209; A 1983, 782)—(Substituted in revision
for NRS 489.271)
Each
certificate of installation issued by the Division for a manufactured
home or mobile home must include the following information:
1. The name of the Administrator;
2. The address and telephone number of each office of the Division;
3. The legal rights of owners of manufactured homes and mobile
homes;
4. The procedure for filing a complaint with the Administrator;
5. The procedure for resolution of disputes between owners of
manufactured homes or mobile homes and persons licensed by the Division;
and
6. Any other information prescribed by the Administrator.
(Added to NRS by 1991, 2047)
A
dealer shall provide a copy of the certificate of installation described
in NRS 489.593 to each purchaser of a
new manufactured home. The Division shall make available sample copies of
certificates of installation to all licensed dealers for distribution to
prospective purchasers.
(Added to NRS by 1991, 2047)
1. The Division, in cooperation with manufacturers and
organizations concerned with manufactured homes and mobile homes, shall
conduct one or more training programs each year regarding appropriate
methods and techniques for conducting any inspections necessary for the
issuance of certificates of installation and labels of installation for
manufactured homes and mobile homes.
2. The Division shall pay for the expenses of conducting the
programs from money in the Account for Education and Recovery Relating to
Manufactured Housing.
(Added to NRS by 1993, 1185)
No person
may issue a certificate of installation or label of installation for a
manufactured home or mobile home unless he has successfully completed,
within the preceding 12 months, a training program conducted pursuant to
NRS 489.596 .
(Added to NRS by 1993, 1186)
The
Administrator shall adopt regulations to carry out the provisions of NRS
489.593 to 489.5965 , inclusive.
(Added to NRS by 1991, 2047; A 1993, 1187)
SPECIAL PLATES AND PERMITS FOR MOVEMENT
1. Except as otherwise provided in NRS 489.611 , any manufacturer or dealer having an
established place of business in this State, and owning or controlling
any new or used manufactured home, mobile home or commercial coach, may
move the manufactured home, mobile home or commercial coach for the
purposes of display, maintenance, sale or exchange if there is displayed
on it a special plate issued to the manufacturer or dealer as provided by
this section.
2. Upon issuance of a manufacturer’s or dealer’s license pursuant
to this chapter, the Division shall furnish to the licensee one or more
special plates for use on manufactured homes, mobile homes and commercial
coaches pursuant to subsection 1. Each plate must have displayed upon it
the identification number which is assigned to the manufacturer or dealer
and may, at the discretion of the Division, have a different letter or
symbol on each plate. The plates may be used interchangeably on the
manufactured homes, mobile homes or commercial coaches.
3. The Division shall, by regulation, determine the number of
plates to which each manufacturer or dealer is entitled.
4. The Department shall supply the Division with the special
plates.
5. There must be paid to the Division a fee of $12 at the time
application for a special plate is made, and by the Division to the
Department, a fee of $5.50 for each special plate.
(Added to NRS by 1979, 1212; A 1983, 793; 1985, 1969; 2005, 1640
)
1. Except as provided in subsection 2, no manufactured home,
mobile home or commercial coach may be moved upon the highways or roads
of this state through use of any valid license plate unless a proper trip
permit is obtained and displayed.
2. NRS 489.621 to 489.661 , inclusive, do not apply to manufactured
homes, mobile homes or commercial coaches moved:
(a) Through this state from and to points outside Nevada.
(b) Into this state with a valid license plate or permit from
another state.
(c) With any valid license plate when movement is from:
(1) The place of manufacture of the manufactured home,
mobile home or commercial coach to the place of business of a dealer
licensed under this chapter;
(2) One dealer lot to another; or
(3) A dealer lot to the place of delivery to that dealer’s
buyer.
(Added to NRS by 1979, 1212; A 1983, 794)
1. Except as otherwise provided in NRS 489.611 , any person who moves a manufactured home,
mobile home or commercial coach upon any highway or road in this state
shall, before that movement, apply to the county assessor for a trip
permit. The assessor of the county from which the manufactured home,
mobile home or commercial coach is to be moved shall issue a trip permit
for each section of the manufactured home, mobile home or commercial
coach upon application presented in the form prescribed by the Division,
payment of a fee of $5 for each permit, and proof satisfactory to the
assessor of ownership and that all property taxes, for the full year in
which the permit is to be used, and use taxes if applicable, levied
against the manufactured home, mobile home or commercial coach and its
contents have been paid.
2. The trip permit authorizes movement over the highways and roads
for not more than 5 consecutive working days following the date of
issuance and the application and permit respectively must be used in lieu
only of any certificate of registration and vehicle license number plate
required by law.
(Added to NRS by 1979, 1213; A 1981, 1193; 1983, 794; 1989, 1832)
1. The application for a trip permit must contain any information
required by the Division, and the name of the owner of the manufactured
home, mobile home or commercial coach, the make, model and serial number
of the manufactured home, mobile home or commercial coach, the location
of the place from which it was moved, the address of the place to which
it is to be moved, the amount of all property taxes paid for the
manufactured home, mobile home or commercial coach for the year in which
the permit will be used, the expiration date of the permit and the
signature of the county assessor or his designee.
2. The county assessor shall, within 10 days after issuing the
trip permit, forward a copy of the application:
(a) To the Division; and
(b) To the assessor of the county where the manufactured home,
mobile home or commercial coach will be located, unless the manufactured
home, mobile home or commercial coach is to leave this state.
3. The county assessor shall also provide a copy of the
application:
(a) For use by the operator of the vehicle moving the manufactured
home, mobile home or commercial coach and the operator shall keep his
copy of the application in his possession at all times during the
movement.
(b) To the owner of the manufactured home, mobile home or
commercial coach.
(Added to NRS by 1979, 1213; A 1983, 794; 1989, 1832)
1. The Division shall determine the size, shape and form of the
trip permit which may be part of a single form also containing the
application for the permit. Each permit must bear the month and day of
expiration in numerals of sufficient size to be plainly readable from a
reasonable distance during daylight.
2. The trip permit must be prominently displayed on the rear of
each section of the manufactured home, mobile home or commercial coach in
the manner prescribed by the Division at all times during which the
manufactured home, mobile home or commercial coach is moved upon any
highway or road. The permit must be made and displayed in a manner that
renders the permit unusable when removed from the manufactured home,
mobile home or commercial coach.
(Added to NRS by 1979, 1213; A 1981, 1194; 1983, 795)
1. The Division shall provide each county assessor with a
sufficient quantity of application and permit forms.
2. The assessor or an appropriate officer shall remit one-half of
the fee collected for the trip permit monthly to the Division for deposit
in the Fund for Manufactured Housing.
(Added to NRS by 1979, 1214; A 1985, 303)
1. Any person who moves a manufactured home, mobile home or
commercial coach in violation of the provisions of NRS 489.611 to 489.651 ,
inclusive, is guilty of a misdemeanor.
2. If a manufactured home, mobile home or commercial coach is
moved upon any highway or road in the State in violation of any of the
provisions of NRS 489.611 to 489.651
, inclusive, the Division, any member of
the Nevada highway patrol or any peace officer in the State shall seize
and hold the manufactured home, mobile home or commercial coach until
presented with a copy of the application and trip permit required by NRS
489.621 to 489.661 , inclusive.
(Added to NRS by 1979, 1214; A 1983, 795)
EQUIPMENT; FIXTURES
1. Any mobile home, commercial coach or travel trailer sold or
used for residential purposes in this State must be equipped with a smoke
detector which meets standards approved by the State Fire Marshal.
2. Any manufactured home sold or used for residential purposes in
this State must be equipped with a smoke detector which meets federal
construction and safety standards for manufactured homes in accordance
with the National Manufactured Housing Construction and Safety Standards
Act of 1974 (42 U.S.C. §§ 5401 et seq.).
3. An interconnectivity device for smoke detectors is not required
to be installed in a mobile home or manufactured home that was not
designed and produced by the manufacturer to accommodate such a device.
(Added to NRS by 1979, 986; A 1983, 795; 2005, 2333 )
1. Except as otherwise provided in subsection 2, each manufactured
home or mobile home on which construction begins on or after March 1,
1992, must incorporate the following minimal standards for plumbing
fixtures:
(a) A toilet which uses water must not be installed unless its
consumption of water does not exceed 3.5 gallons of water per flush.
(b) A shower apparatus which uses more than 3 gallons of water per
minute must not be installed unless it is equipped with a device to
reduce water consumption to 3 gallons of water or less per minute.
(c) Each faucet installed in a lavatory or kitchen must not allow
water to flow at a rate greater than 3 gallons per minute.
2. Each manufactured home or mobile home on which construction
begins on or after March 1, 1993, must incorporate the following minimal
standards for plumbing fixtures:
(a) A toilet which uses water must not be installed unless its
consumption of water does not exceed 1.6 gallons of water per flush.
(b) A shower apparatus which uses more than 2.5 gallons of water
per minute must not be installed unless it is equipped with a device to
reduce water consumption to 2.5 gallons of water or less per minute.
(c) Each faucet installed in a lavatory or kitchen must not allow
water to flow at a rate greater than 2.5 gallons per minute.
(Added to NRS by 1991, 1169)
TAXATION
Notwithstanding the provisions of chapters 361 and 482 of NRS or any
other law, no dealer may be required to pay any property tax, either as
tax on inventory or on individual manufactured homes, mobile homes or
commercial coaches, on any manufactured home, mobile home or commercial
coach of which the dealer takes possession and which he holds for sale in
the ordinary course of business.
(Added to NRS by 1979, 1212; A 1983, 795)
CONTRACTS AND OTHER LEGAL AGREEMENTS
1. Full disclosure of all terms and conditions of an offer to
sell, buy or lease a used manufactured home, used mobile home or used
commercial coach must be set forth in writing and signed by the seller,
buyer and dealer.
2. Any offer to purchase or lease a used manufactured home, used
mobile home or used commercial coach must be submitted within 5 days
after the offer is made to the owner or his authorized agent for approval
or disapproval. The offer must be in writing and signed and dated by the
person making the offer and by the dealer.
3. As used in this section, “authorized agent” does not include a
dealer or an employee or agent of the dealer.
(Added to NRS by 1981, 1190; A 1983, 796; 1999, 862 )
The Administrator shall
prescribe the form of the contracts that must be used by a dealer for the
sale and listing for sale of a manufactured home, mobile home or
commercial coach. A dealer who fails to use the forms prescribed by the
Administrator pursuant to this section is subject to disciplinary action
pursuant to NRS 489.381 .
(Added to NRS by 1999, 860 ; A 2005, 664 , 1640 )
1. Except as otherwise provided in subsection 2, a dealer shall
not obtain or attempt to obtain the signature of a buyer on a contract
for the sale or exchange of an interest in a mobile home, manufactured
home or commercial coach if any of the essential provisions of the
contract are not set forth in the contract.
2. The dealer may insert:
(a) The identification number or identifying marks of a
manufactured home, mobile home or commercial coach; and
(b) The date the first installment payment for the sale or exchange
is due from the buyer,
Ê into the blank spaces of a contract after the contract has been signed
by a buyer if the manufactured home, mobile home or commercial coach was
not delivered to the buyer on the date the contract was executed.
3. The Administrator shall prescribe, by regulation, the essential
provisions of a contract.
(Added to NRS by 1999, 860 )
A brokerage agreement that includes a provision that
grants a dealer the exclusive right to assist, solicit or negotiate the
sale or exchange of an interest in a manufactured home, mobile home or
commercial coach on behalf of a client is enforceable if the agreement:
1. Is in writing;
2. Sets forth the date the brokerage agreement expires;
3. Does not require the client to perform any act concerning the
brokerage agreement after the agreement expires; and
4. Is signed by the client or his representative and the dealer or
his representative.
(Added to NRS by 1999, 859 )
1. A dealer who has entered into a brokerage agreement with a
client for the sale or exchange of an interest in a manufactured home,
mobile home or commercial coach shall:
(a) Seek the price and terms for the sale or exchange that are set
forth in the brokerage agreement or are approved by the client;
(b) Present all offers made to or by the client as soon as
practicable;
(c) Disclose to the client all the material facts known by him
concerning the sale or exchange;
(d) Advise the client to obtain advice from an expert concerning
any matters that are beyond the knowledge or expertise of the dealer;
(e) As soon as practicable, account for all money and property he
receives in which the client may have a financial interest; and
(f) As soon as practicable, deliver to each party a copy of the
executed contract for the sale or exchange.
2. A dealer shall not enter into a brokerage agreement with a
client for the sale or exchange of an interest in a manufactured home,
mobile home or commercial coach unless the dealer has determined that the
client will be able to deliver good title upon the execution of the sale
or exchange of the interest in the manufactured home, mobile home or
commercial coach.
(Added to NRS by 1999, 859 )
1. A dealer of new manufactured homes who is licensed pursuant to
chapter 624 of NRS may enter into written
agreements pursuant to which appropriately licensed providers of service
agree to perform work pertinent to the sale, installation and occupancy
of a manufactured home. If such a dealer enters into such a written
agreement, the dealer is responsible for the workmanship and completion
of all parts of the project involving the sale, installation and
occupancy of the manufactured home, including, without limitation, any
work performed by a provider of service pursuant to the written agreement.
2. A dealer of new manufactured homes, regardless of whether he is
licensed pursuant to chapter 624 of NRS,
shall not require a buyer of a manufactured home to obtain services to be
performed pertinent to the sale, installation or occupancy of the
manufactured home from a specific provider. The dealer shall disclose to
the buyer in writing the fact that the dealer is prohibited from
requiring the buyer to obtain such services from a specific provider of
services.
3. As used in this section, “provider of services” means any
person who performs work pertinent to the sale, installation and
occupancy of a new manufactured home.
(Added to NRS by 2003, 586 )
FINANCIAL AND FIDUCIARY DUTIES OF DEALER
1. A dealer shall not require a person to obtain a loan or
financing from him or any other person as a condition to the purchase,
sale or exchange of a manufactured home, mobile home or commercial coach.
2. A dealer shall disclose the substance of subsection 1 to each
person with whom it agrees to purchase, sell or exchange a manufactured
home, mobile home or commercial coach. The Division may adopt regulations
concerning the form and manner of the disclosure.
(Added to NRS by 1987, 2087)
Any dealer who does not have title to a commercial
coach must deposit any money received from the sale of that commercial
coach in a fiduciary account until the sale is completed or terminated.
(Added to NRS by 1979, 1212; A 1981, 1299)
1. Any money that a dealer receives from a client or other person
concerning the sale or exchange of an interest in a manufactured home,
mobile home or commercial coach must be accounted for by the dealer when:
(a) The sale or exchange of the interest in the manufactured home,
mobile home or commercial coach is executed; or
(b) The contract for the sale or exchange of the interest in the
manufactured home, mobile home or commercial coach is rescinded by the
dealer, client or any other person,
Ê whichever occurs earlier.
2. The dealer shall:
(a) Prepare or cause to be prepared a written itemized statement
concerning each expenditure or deduction of money made by the dealer;
(b) Deliver or cause to be delivered to each person from whom the
dealer received money a copy of the written itemized statement; and
(c) Maintain a copy of the written itemized statement at his place
of business.
3. Except as otherwise provided in a brokerage agreement or an
escrow agreement signed by the parties to a sale or exchange of an
interest in a manufactured home, mobile home or commercial coach and the
escrow agent or escrow officer licensed pursuant to the provisions of
chapter 645A or 692A of NRS, no money concerning that sale or exchange
held by a dealer may be distributed until:
(a) An application for:
(1) A certificate of ownership for the manufactured home,
mobile home or commercial coach; or
(2) A certificate of title or certificate of ownership that
does not pass immediately upon the sale or transfer of the manufactured
home, mobile home or commercial coach,
Ê has been submitted to the Division;
(b) Each person who has a financial interest in the manufactured
home, mobile home or commercial coach has executed a document that
releases or waives his interest; and
(c) Each party to the sale or exchange has complied with the
requirements for the sale or exchange that are set forth in the
regulations adopted pursuant to the provisions of this chapter.
(Added to NRS by 1999, 858 )
1. All down payments, deposits of earnest money, proceeds of loans
or other money which a dealer receives, on behalf of his principal or any
other person, must be deposited in a separate checking account, which
must be designated a trust account, in a financial institution in this
state whose deposits are insured by an agency of the Federal Government
or by a private insurer approved pursuant to NRS 678.755 .
2. Every dealer required to maintain a separate or trust account
shall keep records of all money deposited therein. The records must
clearly indicate the date and from whom he received money, the date
deposited, the dates of withdrawals, and other pertinent information
concerning the transaction, and must show clearly for whose account the
money is deposited and to whom the money belongs. All such records and
money are subject to inspection and audit by the Division and its
authorized representatives. All such separate trust accounts must
designate the dealer as trustee and provide for the withdrawal of money
without previous notice.
3. All money deposited in a separate trust account from down
payments, deposits of earnest money, proceeds of loans or other money
received by a dealer from a person pursuant to a written contract signed
by the dealer and that person must not be withdrawn from the account
except to pay specific expenses as authorized by the written contract.
4. Each dealer shall notify the Division of the names of the
financial institutions in which he maintains trust accounts and specify
the names of the accounts on forms provided by the Division.
(Added to NRS by 1983, 379; A 1985, 810; 1997, 212; 1999, 1506
)
A dealer shall not commingle the money or other property of a
seller or purchaser of a manufactured home or a mobile home with his own.
(Added to NRS by 1983, 380; A 1983, 799)
If a licensed dealer takes a mobile home, manufactured home or
commercial coach in trade on the purchase of another such home or coach
and there is an outstanding security interest, the licensed dealer shall
satisfy the outstanding security interest within 30 days after the
manufactured home, mobile home or commercial coach is taken in trade on
the purchase of the other home or coach.
(Added to NRS by 1987, 147)
MISCELLANEOUS PROVISIONS
Unless
further restricted by a local ordinance, if more than 80 percent of the
lots in the park where it is situated are occupied, it is unlawful for a
dealer, general serviceman, specialty serviceman or salesman to rent or
lease a vacant mobile home lot unless:
1. Within 60 days he takes up residence in a manufactured home or
mobile home placed upon the lot; or
2. He releases the lot to a qualified tenant.
Ê After the expiration of 60 days after the date of rental of the lot to
the dealer, general serviceman, specialty serviceman or salesman, any
qualified tenant is entitled, upon written request to the landlord, to
obtain release of the lot.
(Added to NRS by 1979, 1880; A 1983, 796; 2005, 1640 )
No right of action exists in favor of any person by reason of
any action or failure to act on the part of the Division or any of its
officers or employees in carrying out the provisions of this chapter, or
in giving or failing to give any information concerning the legal
ownership of a manufactured home, mobile home or commercial coach or the
existence of a security interest in it.
(Added to NRS by 1979, 1212; A 1983, 796)
1. Unless otherwise specifically waived in writing by the buyer,
for each sale of a manufactured home, mobile home or commercial coach in
which the dealer is the seller or an agent of the seller, there is an
implied warranty by the dealer that all the essential systems are in
working order upon the execution of the sale. For the purposes of this
subsection, the words “as is” or any similar words do not constitute a
waiver of the implied warranty unless the words specifically refer to a
specific component of an essential system.
2. As used in this section, “essential system” means the heating,
air-conditioning, electrical, plumbing and drainage systems of a
manufactured home, mobile home or commercial coach.
(Added to NRS by 1999, 860 )
Each established place of
business, including each branch office of that business, must display a
sign that:
1. Includes the name under which business is conducted pursuant to
a license issued pursuant to this chapter; and
2. Conforms to any regulations adopted by the Division relating to
the size and placement of the sign.
(Added to NRS by 2005, 1626 )
DISCLOSURE THAT HOME OR COACH HAS BEEN USED IN MANUFACTURE OF
METHAMPHETAMINE
As used in NRS 489.770 to 489.780 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 489.772 and 489.774
have the meanings ascribed to them in
those sections.
(Added to NRS by 2003, 1340 )
“Transferee” means any person
who purchases, leases or takes possession in any other manner or attempts
to purchase, lease or take possession in any other manner of a
manufactured home, mobile home or commercial coach or any interest
therein from a transferor.
(Added to NRS by 2003, 1340 )
“Transferor” means any person
who:
1. Sells or leases or attempts to sell or lease a manufactured
home, mobile home or commercial coach or any interest therein to a
transferee; or
2. Transfers or attempts to transfer a manufactured home, mobile
home or commercial coach or any interest therein to a transferee in any
other manner.
(Added to NRS by 2003, 1340 )
1. Except as otherwise provided in this section and unless
required to make a disclosure pursuant to NRS 40.770 , if a manufactured home, mobile home or
commercial coach is or has been the site of a crime that involves the
manufacturing of any material, compound, mixture or preparation which
contains any quantity of methamphetamine, a transferor or his agent who
has actual knowledge of such information shall disclose the information
to a transferee or his agent.
2. The disclosure described in subsection 1 is not required if:
(a) All materials and substances involving methamphetamine have
been removed from or remediated on the manufactured home, mobile home or
commercial coach by an entity certified or licensed to do so; or
(b) The manufactured home, mobile home or commercial coach has been
deemed safe for habitation by a governmental entity.
3. The disclosure described in subsection 1 is not required for
any sale or other transfer or intended sale or other transfer of a
manufactured home, mobile home or commercial coach by a transferor:
(a) To any co-owner of the manufactured home, mobile home or
commercial coach, the spouse of the transferor or a person related within
the third degree of consanguinity to the transferor; or
(b) If the transferor is a dealer and this is the first sale or
transfer of a new manufactured home, mobile home or commercial coach.
4. The Division may adopt regulations to carry out the provisions
of this section.
(Added to NRS by 2003, 1340 )
1. A transferor or his agent, or both, who violates any provision
of NRS 489.776 may be held liable to
the transferee in any action at law or in equity.
2. An agent of a transferee who has actual knowledge of any
information required to be disclosed pursuant to NRS 489.776 may be held liable to the transferee in any
action at law or in equity if he fails to disclose that information to
the transferee.
3. If a transferor makes a disclosure pursuant to NRS 489.776
, the transferee may:
(a) Rescind the agreement to purchase, lease or take possession of
the manufactured home, mobile home or commercial coach;
(b) Make the agreement to purchase, lease or take possession of the
manufactured home, mobile home or commercial coach contingent upon the
repair of any damage to the manufactured home, mobile home or commercial
coach that has been caused by the manufacturing of any material,
compound, mixture or preparation which contains any quantity of
methamphetamine; or
(c) Accept the manufactured home, mobile home or commercial coach
with the damage as disclosed by the transferor without further recourse.
4. The rights and remedies provided by this section are in
addition to any other rights or remedies that may exist at law or in
equity.
(Added to NRS by 2003, 1340 )
The failure of a licensed dealer or salesman to make
the disclosure required pursuant to NRS 489.776 constitutes grounds for disciplinary action
pursuant to NRS 489.381 .
(Added to NRS by 2003, 1341 ; A 2005, 1641 )
UNLAWFUL ACTS; PENALTIES
1. It is unlawful for any person to manufacture any manufactured
home, mobile home, travel trailer or commercial coach unless the
manufactured home, mobile home, travel trailer or commercial coach and
its components and systems are constructed and assembled according to the
standards prescribed pursuant to the provisions of this chapter.
2. It is unlawful for any person knowingly to sell or offer for
sale any manufactured home which has been constructed on or after June
15, 1976, unless the manufactured home and its components and systems
have been constructed and assembled according to the standards prescribed
pursuant to the National Manufactured Housing Construction and Safety
Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.).
3. Any person who knowingly sells or offers to sell in this state
any manufactured home, mobile home or commercial coach for which a
certificate or label of compliance is required under this chapter, which
does not bear a certificate or label of compliance, is liable for the
penalties provided in NRS 489.811 and
489.821 .
4. It is unlawful for any person to issue a certification which
states that a manufactured home conforms to all applicable federal
standards for safety and construction if that person, in the exercise of
due care, has reason to know that the certification is false or
misleading in any material respect.
5. It is unlawful for a manufacturer to fail to furnish
notification of defects relating to construction or safety, as required
by the National Manufactured Housing Construction and Safety Act of 1974
(42 U.S.C. § 5414).
6. It is unlawful for any person to fail or refuse to permit
access by the Administrator to the documentary materials set forth in NRS
489.231 .
7. It is unlawful for any person, without authorization from the
Division, to disclose or obtain the contents of an examination given by
the Division.
8. It is unlawful for any person to use a manufactured home or
mobile home as living quarters or for human occupancy, respectively, if
the manufactured home or mobile home violates a standard of safety set
forth in regulations adopted pursuant to subsection 1 of NRS 489.251
, concerning installation, tie down, and
support of manufactured homes and mobile homes.
(Added to NRS by 1979, 1207; A 1981, 1194; 1983, 796, 797)
1. It is unlawful for any person or combination of persons to:
(a) Engage in the business or act in the capacity of a licensee
within this State, including, without limitation, commencing any work for
which a license is required pursuant to this chapter; or
(b) Submit a bid or enter into a contract for a job located within
this State for which a license is required pursuant to this chapter,
Ê without having a license issued pursuant to this chapter, unless that
person or combination of persons is exempt from licensure pursuant to
this chapter.
2. The district attorneys in this State shall prosecute all
violations of this section which occur in their respective counties,
unless the violations are prosecuted by the Attorney General. Upon the
request of the Administrator, the Attorney General shall prosecute any
violation of this section in lieu of prosecution by the district attorney.
3. In addition to any other remedy or penalty authorized pursuant
to this chapter, any person or combination of persons convicted of
violating any provision of subsection 1 may be required to pay:
(a) Court costs and the costs of prosecution;
(b) Reasonable costs of the investigation of the violation to the
Division;
(c) Damages the person or combination of persons caused as a result
of the violation up to the amount of any pecuniary gain from the
violation; or
(d) Any combination of paragraphs (a), (b) and (c).
4. If any person or combination of persons submits a bid or enters
into a contract in violation of subsection 1, the bid or contract shall
be deemed void.
(Added to NRS by 2005, 1627 )
1. Except as otherwise provided in subsection 5, any person who
violates any of the provisions of this chapter is liable to the State for
a civil penalty of not more than $1,000 for each violation. Each
violation of this chapter or any regulation or order issued under it
constitutes a separate violation with respect to each manufactured home,
mobile home or commercial coach and with respect to each failure or
refusal to allow or perform an act required by this chapter or regulation
or order, except that the maximum civil penalty is $1,000,000 for any
related series of violations occurring within 1 year after the first
violation.
2. Before the adoption of any regulation for whose violation a
civil penalty may be imposed, the Administrator shall give at least 30
days’ written notice to every licensed manufacturer, dealer, general
serviceman and specialty serviceman, and every other interested party who
has requested the notice.
3. An action to enforce a civil penalty must be brought in a court
of competent jurisdiction in the county in which the defendant has his
principal place of business.
4. All money collected as civil penalties pursuant to the
provisions of this chapter must be deposited in the State General Fund.
5. This section does not apply to a manufacturer or dealer of
travel trailers.
(Added to NRS by 1979, 1214; A 1983, 798; 2005, 1641 )
1. If any person or combination of persons violates the provisions
of NRS 489.311 or subsection 1 of NRS
489.806 , the Administrator may impose
an administrative fine of not less than $1,000 nor more than $10,000 for
each violation.
2. An administrative fine imposed pursuant to this section is in
addition to any other remedy or penalty authorized pursuant to this
chapter.
3. If the administrative fine is not paid when due, the fine must
be recovered in a civil action brought by the Attorney General on behalf
of the Administrator.
(Added to NRS by 2005, 1628 )
1. A person is guilty of a gross misdemeanor who knowingly:
(a) Makes any false entry on any certificate of origin or
certificate of ownership.
(b) Furnishes false information to the Division concerning any
security interest.
(c) Files with the Administrator any notice, statement or other
document required under the provisions of this chapter which is false or
contains any material misstatement of fact.
(d) Whether acting individually or as a director, officer or agent
of a corporation, violates a provision of the National Manufactured
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401
et seq.), causing a condition which endangers the health or safety of a
purchaser of a manufactured home.
2. A dealer is guilty of a gross misdemeanor who knowingly:
(a) Fails to maintain a trust account as required by NRS 489.724
.
(b) Commingles the money or other property of a seller or purchaser
of a manufactured home or a mobile home with his own.
3. Except as provided in subsections 1, 2 and 4 of this section,
any person who knowingly or willfully violates any of the provisions of
this chapter is guilty of a misdemeanor.
4. Subsection 3 does not apply to a manufacturer of travel
trailers.
(Added to NRS by 1979, 1214; A 1981, 1195; 1983, 380, 798)
