58-4219. Same; installer's licensure requirements; fees; municipality powers; exceptions to licensure; examinations; apprentice installer licensure requirements.
58-4219
58-4219. Same; installer's licensure requirements;fees; municipality powers; exceptions to licensure; examinations; apprenticeinstaller licensure requirements.(a) Except as otherwise provided in this section, any personinstallingmanufactured homes in this state on or after July 1, 2006, either shall holda manufacturedhome installer's license issued pursuant to this section or shall work underthe supervision of a licensedinstaller.Each such license shall be valid for a term of threeyears and may berenewed. The fee for such license and for each renewal thereof shall be$300, which shall bepaid to the corporation by the applicant. From and after July 1, 2006, themanufactured homeinstaller's license issued pursuant to this section shall be the only authorityrequired for the installation of manufactured homes within this state. Themanufactured home installer's licenseshall entitle a licensed installer to install manufactured homes in thisstate, including theinstallation of heating and air conditioning systems and the hookup ofelectric, gas and waterutilities from the utility meters to the manufactured home.
(b) On or after July 1, 2006, nomunicipality may impose any additional licensing requirements or require thepayment of anadditional or separate fee as a condition for the installation of amanufactured home within itsboundaries by a licensed installer, except that nothing herein shall beconstrued as prohibitinga municipality from requiring a building permit as a condition precedent to theinstallation of amanufactured home and charging a fee in connection with such building permit,or prohibiting amunicipality which provides for the inspection of manufactured homes installedin this state,from imposing a reasonable inspection fee.
(c) Nothing in this act shall be construed to require a person who installs anew orpreviously owned manufactured home on property owned by such person, foroccupancy by suchperson, to obtain a manufactured home installer's license. However, none ofthe rights, remediesor causes of action provided under K.S.A. 58-4217 to 58-4223, inclusive, andamendmentsthereto, shall be available to anysuch person.
(d) Except as otherwise provided in subsection (i), in order to obtain amanufactured home installer's license, an applicant shall:
(1) Be at least 18 years of age;
(2) complete an installation training course approved by the president;
(3) submit an application for a license on a form prescribed and furnished bythecorporation;
(4) submit with the license application the required license fee andan examination feefixed by the corporation in an amount necessary to cover the costs of theexamination,unless the examination fee is to be submitted directly to a person whoadministers anexamination certified by the corporation, as provided in subsection (f) of thissection;
(5) pass the examination specified in this section as being designed to testthe skillsnecessary to properly install manufactured homes and to ascertain that theapplicant has adequateknowledge of the laws applicable to manufactured home installation contracting;
(6) not have been found responsible in any administrative action by thedivision or corporation forany violation of the Kansas manufactured housing act or any rules orregulations promulgatedthereunder;
(7) submit with the license application proof satisfactory to the presidentthat, withinthe three years preceding the date the license application is submitted to thecorporation, theapplicant has not less than two-years experience as an installer, except thatfor an applicant submitting anapplication during calendar year 2007, at least one year of the applicant'sprior experience shall be as an apprentice installer; and for an applicantsubmitting an application thereafter, both years of the applicant's priorexperience shall be as an apprentice installer; and
(8) carry liability insurance in an amount determined by the corporationpursuant to dulyadopted rules and regulations, but such liability insurance shall have limitsof not less than$100,000, and such liability insurance must insure the licensed installer andany apprenticeinstaller working under the supervision of the licensed installer.
(e) Except as otherwise provided in subsection (f), the corporation shallestablish a standardexamination for determining the competency of applicants to become licensedinstallers, basedupon codes and standards in effect on the effective date of the installationstandardsunder K.S.A. 58-4218 and amendments thereto.
(f) In lieu of developing a standard examination pursuant to subsection (e),the presidentmay certify one or more examinations developed by persons recognized in theindustry either fortesting persons to determine their qualifications to install manufacturedhomes, for havingdeveloped installation standards or for having provided courses or programs toeducate installersregarding installation of manufactured homes in compliance with installationstandards.
An applicant for a manufactured home installer's license shall be furnished bythe corporationwith a list of the examinations which have been certified by the presidentpursuant to thissubsection. The list shall include all of the information necessary to takeeach of the certifiedexaminations, including the amount of the examination fee to be paid directlyto the personadministering the examination by the applicant for a manufactured homeinstaller's license. Theapplicant must successfully complete one of the certified examinations on thelist.
(g) On and after July 1, 2006, a person engaged by a licensed installer toassist in theinstallation of amanufactured home, including an apprentice installer, at all times shall workunder thesupervision of a licensed installer.A licensed installer shall be present at the site where themanufactured home is being installed at such times as may be necessary for thelicensed installer to ensure that the manufactured home is being installed inaccordance with the installation standards.The licensed installer shall beresponsible for all acts oromissions of apprentice installers and other persons working under thelicensed installer'ssupervision in the installation of a manufactured home.
(h) A person may obtain a license as an apprentice installer from thecorporation. In order toobtain an apprentice installer's license, an applicant:
(1) Must be at least 18 years of age;
(2) must complete an installation training course approved by the president;
(3) must submit an application for a license on a form prescribed andfurnished by the corporation;
(4) must submit with the license application a license application fee in theamount of$75; and
(5) must not have been found responsible in any administrative action by thecorporation forany violation of the Kansas manufactured housing act or any rules orregulations promulgatedthereunder.
An apprentice installer's license shall be valid for two years, but may berenewed uponapplication to the president on a form prescribed by the corporation andpayment ofa renewal licensefee of $75.
(i) An applicant for a manufactured home installer's license as a licensedinstaller shall not berequired to take theexamination required by this section in order to obtain a manufactured homeinstaller's license, ifthe president finds thatall three of the following conditions apply:(1) The applicant is licensed as aninstaller by a municipality on the effective date of this act;(2) prior to July 1, 2006, the applicant had successfully completed anexaminationadministered by any municipality that is designed to test the skills necessaryto properly installmanufactured homes; and (3) within the three years preceding the date theapplicant submitted alicense application to the corporation, the applicant had not less thantwo-yearsexperience either asan installer licensed by any municipality or working under the supervision ofan installer licensedby any municipality or as an apprentice installer working under the supervisionof a licensedinstaller.
(j) On and after January 1, 2007,upon a specific written finding of good cause by the presidentthe president maywaive the requirement that some or all of an applicant's prior experience beobtained as an apprentice installer.
History: L. 2005, ch. 109, § 5; Apr. 21.