(1) (a) Factory-built structures constructed, sold, or offered for sale within this state after the effective date of the rules promulgated pursuant to this part 33 must bear an insignia of approval issued by the division and affixed by the division or an authorized quality assurance representative. (a.3) Manufacturers of factory-built structures to be installed in the state shall register with the division as provided in board rules and are subject to enforcement action, including suspension or revocation of their registration for failing to comply with requirements contained in this part 33 and board rules. A manufacturer shall: (I) Comply with escrow requirements of down payments as established by the board by rule; and (II) Provide a letter of credit, certificate of deposit issued by a licensed financial institution, or surety bond issued by an authorized insurer in an amount and process established by the board by rule. A financial institution or authorized insurer shall pay the division the letter of credit, certificate of deposit, or surety bond if a court of competent jurisdiction has rendered a final judgment in favor of the division based on a finding that: (A) The manufacturer failed to deliver the factory-built structure; (B) The manufacturer failed to refund a down payment made toward the purchase of the factory-built structure; or (C) The manufacturer ceased doing business operations or filed for bankruptcy. (a.5) Factory-built structures constructed or sold for transportation to and installation in another state need not bear an insignia of approval issued by the division. (a.7) (I) The division shall conduct a full design and plan review and inspection of the construction of factory-built structures to the extent the design and construction relates to work performed off site or work that is completed at the installation site as reflected in the approved plans for the factory-built structure. A local government shall not duplicate efforts to review or approve the construction of a factory-built structure that is under review or approved by the division nor shall it charge building permit fees to cover the cost of plan reviews or inspections performed by the division. A local government's jurisdiction is limited to work done at the installation site in compliance with subsection (6) of this section and includes associated plan review, permits, inspections, and fees. (II) The division may authorize a local government to inspect and approve work that is completed at the installation site as reflected in the approved plans for the factory-built structure. A local government may charge inspection fees if authorized to assist the division to inspect and approve work on a factory-built structure that is completed at the installation site as reflected in the approved plans for the factory-built structure. (b) Rented or leased factory-built structures that are occupied on or after March 1, 2009, must bear an insignia of approval issued by the division and affixed by the division or an authorized quality assurance representative. (2) Factory-built residential structures constructed prior to March 31, 1971, are subject to any existing state or local government rules relating to the construction of the structures. (3) Factory-built nonresidential structures constructed prior to July 1, 1991, are subject to any existing state or local government rules relating to the construction of the structures. (4) A factory-built structure bearing an insignia of approval issued by the division and affixed by the division or an authorized quality assurance representative pursuant to this part 33 is deemed to be designed and constructed in compliance with the requirements of all codes and standards enacted or adopted by the state and accounting for any local government installation requirements adopted in compliance with sections 24-32-3310 and 24-32-3318 that are applicable to the construction of factory-built structures, to the extent that the design and construction relates to work performed in a factory or work on a factory-built structure that is completed at the installation site as reflected in the approved plans for the factory-built structure. The determination by the division of the scope of such approval is final. An insignia of approval affixed to the factory-built structure does not expire unless the design and construction of the factory-built structure has been modified from approved plans. (5) No factory-built structures bearing an insignia of approval issued by the division and affixed by the division or an authorized quality assurance representative pursuant to this part 33 may be in any way modified contrary to the rules promulgated pursuant to section 24-32-3305 prior to or during installation unless approval is first obtained from the division. (6) All work at the installation site that is unrelated to the installation of a factory-built structure or unrelated to completing construction of a factory-built structure at the installation site as reflected in the approved plans for the factory-built structure, including additions, modifications, and repairs to a factory-built structure, is subject to applicable local government rules.
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