36-85.26 - Dealer alterations.
§ 36-85.26. Dealer alterations.
A. No alteration or modification shall be made to a manufactured home by adealer after shipment from the manufacturer's plant, unless such alterationor modification is authorized by this chapter or the manufacturer. The dealershall ensure that all authorized alterations and modifications are performed,if so required, by qualified persons as defined in subsection D. Anunauthorized alteration or modification performed by a dealer or his agent oremployee shall place primary warranty responsibility for the altered ormodified item upon the dealer. If the manufacturer fulfills or is requiredto fulfill the warranty on the altered or modified item, he shall be entitledto recover damages in the amount of his cost and attorney's fee from thedealer.
B. An unauthorized alteration or modification of a manufactured home by theowner or his agent shall relieve the manufacturer of responsibility to remedydefects caused by such alterations or modifications. A statement to thiseffect, together with a warning specifying those alterations or modificationswhich should be performed only by qualified personnel in order to preservewarranty protection, shall be displayed clearly and conspicuously on the faceof the warranty. Failure to display such statement shall result in themanufacturer being responsible for the warranty.
C. The Board is authorized to promulgate regulations in accordance with theAdministrative Process Act (§ 2.2-4000 et seq.) which define the alterationsor modifications which must be made by qualified personnel in accordance withthe applicable standards of the Code. The Board may require qualifiedpersonnel for those alterations and modifications which could impair thestructural integrity or safety of the manufactured home.
D. In order to be designated as a person qualified to alter or modify amanufactured home, a person shall comply with state licensing or competencyrequirements in skills relevant to performing alterations or modifications onmanufactured homes.
(1991, c. 555; 1992, c. 223.)