Delaware Code Title 24 Sec. 4431 – Licensure requirements; reciprocal licensure
(a) To obtain a manufactured home installer license, a person must:
(1) Apply to the Board for the license, in a manner designated by the Board;
(2) Pay an application fee established by the Division to offset the administrative costs associated with the functions of the Board;
(3) Be at least 18 years old;
(4) Provide evidence that the applicant or that applicant’s employer has and will maintain a surety bond or irrevocable letter of credit issued by a federally-insured financial institution, in the form and minimum amount to be determined by the Board in its rules and regulations, that will cover the cost of repairing all damage to the home and its supports caused by the installer, or the installer’s or employer’s employees or agents, during the installation. The Board may require the licensed installer to provide proof of the surety bond or irrevocable letter of credit at any time. The licensed installer must notify the Board in writing, within 7 days of any changes or cancellations of the surety bond or irrevocable letter of credit. The employer must notify the Board of the termination of employment of any licensee who is covered by the employer’s surety bond or irrevocable letter of credit. Entities or individuals who maintain a surety bond or irrevocable letter of credit as provided in this paragraph are responsible for all acts or omissions of the licensed manufactured home installer and any individual acting under the supervision of or assisting the installer in the installation of manufactured housing;
(5) Provide evidence that the applicant or that applicant’s employer has and will maintain liability insurance in the form and minimum amount to be determined by the Board in its rules and regulations. The Board may require the licensed installer to provide proof of liability insurance at any time. The licensed installer must notify the Board in writing, within 7 days of any changes or cancellations of the liability insurance. The employer must notify the Board of the termination of employment of any licensee who is covered by the employer’s liability insurance. Entities or individuals who maintain liability insurance as provided in this paragraph are responsible for all acts or omissions of the licensed manufactured home installer and any individual acting under the supervision of or assisting the installer in the installation of manufactured housing;
(6) Complete the educational requirements established by the Board;
(7) Have passed a licensure test established or adopted by the Board, and presented proof of the same to the Board;
(8) Agree to be responsible for all acts or omissions of any individual acting under the supervision of the applicant while assisting in the installation of manufactured housing;
(9) Not been have been the recipient of any administrative penalties regarding the applicant’s actions as a licensed manufactured home installer, including but not limited to fines, formal reprimands, license suspensions or revocation (except for license revocations for nonpayment of license renewal fees), probationary limitations, and and/or has not entered into any “consent agreement” which contains conditions placed by a Board on the applicant’s professional conduct, including any voluntary surrender of a license. The Board, after a hearing, may determine whether such administrative penalty is grounds to deny licensure; and
(10) Not have a criminal conviction nor pending criminal charge relating to an offense that is substantially related to the work of a licensed manufactured home installer. Applicants who have a criminal conviction or pending criminal charge shall request appropriate authorities to provide information about the conviction or charge directly to the Board. However, if after consideration of the factors set forth under § 8735(x)(3) of Title 29 through a hearing or review of documentation the Board determines that granting a waiver would not create an unreasonable risk to public safety, the Board shall, by an affirmative vote of a majority of the quorum, waive this paragraph (a)(10).
a.-d. [Repealed.]
Terms Used In Delaware Code Title 24 Sec. 4431
- Applicant: means any person, individual, natural person who seeks to become licensed as a manufactured housing installer. See Delaware Code Title 24 Sec. 4403
- Board: means the Manufactured Home Installation Board. See Delaware Code Title 24 Sec. 4403
- Conviction: A judgement of guilt against a criminal defendant.
- Division: means the Division of Professional Regulation. See Delaware Code Title 24 Sec. 4403
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Installation: means the assembly of manufactured homes on site and the process of affixing manufactured homes to the land by the use of a foundation, footings, utilities, or to an existing building. See Delaware Code Title 24 Sec. 4403
- Installer: means any person who is engaged in the business of performing manufactured housing installations as they are defined above. See Delaware Code Title 24 Sec. 4403
- Licensee: means any person who has completed the required training and who has paid the applicable fee for and received a license, under this chapter, for the installation of manufactured housing. See Delaware Code Title 24 Sec. 4403
- Person: means an individual, firm, partnership, corporation, association, joint stock company, limited partnership, limited liability company and any other legal entity and includes a legal successor of those entities. See Delaware Code Title 24 Sec. 4403
- Quorum: The number of legislators that must be present to do business.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Substantially related: means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the person's fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the work of a manufactured home installer. See Delaware Code Title 24 Sec. 4403
- Supervision: means managing the acts of another by overseeing the performance or operation of the person and by taking full responsibility for acts or omissions of the person that are being performed at the direction of a licensee or under the authority of a licensee's license. See Delaware Code Title 24 Sec. 4403
- United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
(b) The Board may waive the education and examination requirements and grant a reciprocal license upon the receipt of an application and the payment of the fees to any person who presents proof of current licensure, registration, or certification as a manufactured home installer in any other state, district, or territory of the United States whose laws and regulations governing licensure, registration, or certification are considered by the Board to be substantially similar to the requirements for licensure set forth in this chapter and the Board’s rules and regulations.
75 Del. Laws, c. 213, § ?1; 70 Del. Laws, c. 186, § ?1; 75 Del. Laws, c. 436, § ?48; 77 Del. Laws, c. 169, §§ ?8, 9; 77 Del. Laws, c. 199, § ?36; 78 Del. Laws, c. 44, §§ ?70, 71; 83 Del. Laws, c. 433, § 30;