HOW TO BECOME A RETAILER
Pennsylvania law requires individuals selling new and preowned manufactured homes to be licensed by the Department of State, Bureau of Professional and Occupational Affairs, Vehicle Board.
New Homes - the Board of Vehicle Act prohibits a manufacturer from selling their homes to anyone without a valid vehicle dealer's license. Anyone holding a license to sell new homes is also allowed to sell preowned homes. The license renews every two years. Any time the location, address or ownership of the licensed sales center changes or a manufacturer is added or dropped from the retailer's inventory, the Vehicle Board must be notified and re-licensing may be required.
Preowned Homes - In 1996 the law was changed to lessen licensing requirements for individuals wanting to sell preowned homes only. The license renews every two years. The law does allow an individual to sell up to 5 homes a year without licensure, note this is for preowned homes only and the homes must be titled in the seller's name. Also, any time the business would change their mind and decide to sell new homes they would need to apply for re-licensing and make sure they can meet the 5000 square foot display area requirement and have a franchise agreement from at lease onemanufacturer.
Salespeople - The law also requires the retailer (dealer) to license their sales people. An individual can work for only one sales center (dealership) at a time. Any time a sales person leaves employment of a retailer they will need to advise the vehicle board by returning the license with a note that they are no longer employed by the sales center (dealership). Salespeople leaving one sales center for employment at another will need to apply for re-licensing with the new sales center. Failing to do so can result in fines and penalties for both the sales center and the salesperson.
There are no state licensing requirements for individuals looking to sell modular (industrialized) homes, they are treated the same as site builders.
Interested in becoming Retailer?
Contact Linda at PMHA by email or call (888) 242-7642 to request a "Dealer Licensing Kit"
or you can view the Dealer Licensing Kit by clicking here.
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PA ONE CALL (Dig Info)
Before you dig, call PA One Call for a clear and accurate
marking of underground utility lines.
click here for more information.
Already received an invoice from PA One Call System
...and you are a member of PMHA
Don't pay it we will pay it for you!
click here for more information.
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RETAILER'S RESPONSIBILITIES
Installation Disclosure
Effective October 20, 2008, HUD is requiring all retailers to provide, before the execution of a sale or lease agreement, a written disclosure statement to the purchaser that outlines our Pennsylvania installation program. DCED has specially prepared brochures that meet this requirement. On the back panel of the brochure there is a large white space - use this area to place a stamp or label identifying your retail center. We encourage you to have the consumer sign this area indicating they have received this required notification and then place a signed copy in the customer's file should a question arise in the future.
Click here for the Installation Brochure
Contact Tracy by email or (888) 242-7642 to request additional copies by mail.
Dispute Resolution
Under the Manufactured Home Dispute Resolution Program - Final Rule, manufacturers and retailers are required to provide separate dispute resolution program consumer notifications as specified by 24 CFR Part 3282, § 3282.207(e) and Part 3288, § 3288.5 respectively, effective February 8, 2008. A copy of 24 CFR can be viewed here.
Retailers are required to provide a separate "Retailer Dispute Resolution Notification" at the time of signing a contract for sale or lease of a new manufactured home. Retailers are required to either include the specified notice "clearly in a separate section on consumer dispute resolution information at the top of the sales contract," or lease, or in a separate document. The notice must include the language and headings, verbatim, as written in the revised § 3288.5 for sales and lease transactions. The required language for "Retailer Dispute Resolution Notification" can be viewed here.
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INSTALLATION LAW
PA Manufactured Housing Improvement Act (Act 158 of 2004) requires all NEW manufactured homes installed in the Commonwealth to be subject to certain provisions of the law and regulations, all designed to assure proper installation and completion of every new manufactured home.
Act 158 enacted on November 29, 2004 provides:
New manufactured homes shall be installed in conformity with the manufacturer’s approved designs applicable with that particular home.
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Construction elements not addressed in the HUD Code must comply with the IRC. Some of these elements are frost protection for the foundation, stair geometry, soil bearing values, etc.
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Building Code Officials cannot reject a manufacturer’s approved design for HUD Code construction elements.
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Building Code Officials may not issue a Certificate of Occupancy for a new manufactured home until provided with a completed Certificate of Compliance form.
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Certificate of Compliance forms must be completed within five days of the installation and provided to the building code official, the purchaser, and this Department.
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Only persons trained and certified by the Department may complete the Certificate of Compliance form.
Click here to view House Bill 1929 of 2003
Click here to view the regulations
Click here for a Certificate of Compliance form
NOTE: USED manufactured home installation is not specifically addressed in state law. Installing a used home consistent with the manufacturers approved installation instructions, is generally acceptable to the local code official. If those instructions are not available, a generic suggestive installation standard is available here.
PMHA has introduced an amendment to Act 158 to address the installation of relocated/preowned manufactured homes. House Bill 2178 is currently in the House Labor Committee and is scheduled to be voted out on March 9, 2010. The language gives DCED the responsibility to write a habitability standard and an installation standard for relocated/preowned manufactured homes that the code officials will be required to inspect against. Click here to view HB 2178.
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CERTIFIED INSTALLERS
In accordance with the new installation regulations which became effective August 23, 2006, a new manufactured home must be installed by a certified installer.
Once an installer has completed the two-day course he is presented with a certification certificate showing that he is certified to install homes. An installer must indicate to the Department of Community and Economic Development his permission to publish his name as a certified installer.
The Home Improvement Consumer Protection Act (HICPA) was adopted by Pennsylvania General Assembly in October 2008, signed by the Governor as Act 132 of 2008 and is effective July 1, 2009.
The law establishes a mandatory registration program for contractors who offer or perform "home improvements" on behalf of a "home owner" in Pennsylvania. This does not include construction on a new home. The law established a financial threshold to determine who would be required to be registered. If in a given year you earn $5,000 or greater performing home improvements for consumers you will be required to be registered. For more information and details on how to register click here.
In addition to being registered, you will have to provide written contracts for all jobs amounting to a cost of $500 or greater. Sample contracts are available to PMHA members. Contact Tracy by email or call (888) 242-7642.