New Hampshire Code of Administrative Rules Man - Board of Manufactured Housing
Certainly! Here's a detailed explanation of the New Hampshire Code of Administrative Rules (NH Admin Code) related to the Board of Manufactured Housing, along with relevant case law:
🏛️ Board of Manufactured Housing – NH Admin Code
Establishment and Composition
Creation: The Board is established under RSA 205-D:2 to ensure compliance with federal and state standards for manufactured housing installations.
Composition: Consists of 9 members appointed by the governor and council, including:
Installers of manufactured housing
Structural engineers or architects
Dealers or retailers
Owners or operators of manufactured housing parks
Municipal building code officials and fire chiefs
Term and Compensation: Members serve 3-year terms and receive $25 per day plus reimbursement for actual expenses.
Duties and Responsibilities
Under RSA 205-D:3, the Board's duties include:
Compliance Assurance: Ensuring adherence to the Federal Manufactured Housing Construction and Safety Standards.
Establishing Standards: Creating uniform installation standards to protect the quality, safety, and affordability of manufactured housing.
Licensing and Training: Licensing and training installers to ensure proper performance and public safety
Inspections: Conducting inspections to ensure compliance with state installation standards
Dispute Resolution: Providing a fair and effective recourse for consumers regarding installation standards and resolving disputes between manufacturers, retailers, and installers.
⚖️ Relevant Case Law
1. Hynes v. Hale (2001)
Issue: Constitutionality of the Board's authority under RSA chapter 205-A.
Ruling: The court upheld the Board's authority, stating that it does not violate the separation of powers doctrine.
2. Sherryland Inc. v. Snuffer (2003)
Issue: Validity of a notice to quit under RSA 205-A:4, VI.
Ruling: The court affirmed the trial court's decision that the notice to quit failed to comply with the statute because it applied only to the whole park, not specific sites.
3. Penrich, Inc. v. Sullivan (1995)
Issue: Application of RSA 540:13-d to manufactured housing park tenants.
Ruling: The court held that the petition procedure under RSA chapter 205-A is not inconsistent with RSA 540:13-d and does not preempt its application to tenants.
📌 Key Takeaways
Authority: The Board has the authority to regulate and enforce standards related to manufactured housing installations in New Hampshire.
Scope: Its jurisdiction includes ensuring compliance with federal and state standards, licensing installers, conducting inspections, and resolving disputes.
Legal Precedents: Case law supports the Board's authority and clarifies the application of related statutes.
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