Bill Text: MO HB1948 | 2012 | Regular Session | Introduced
Bill Title: Requires an installer of modular units to be licensed by the Missouri Public Service Commission
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-04-26 - Referred: Professional Registration and Licensing (H) [HB1948 Detail]
Download: Missouri-2012-HB1948-Introduced.html
SECOND REGULAR SESSION
96TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE KORMAN.
5863L.02I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 700, RSMo, by adding thereto seven new sections relating to modular unit installers.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 700, RSMo, is amended by adding thereto seven new sections, to be known as sections 700.700, 700.702, 700.704, 700.706, 700.708, 700.710, and 700.712, to read as follows:
700.700. 1. For purposes of sections 700.700 to 700.712, the following terms shall mean:
(1) "Applicant", a person who applies to the commission for a license to install a modular unit;
(2) "Commission", the Missouri public service commission;
(3) "Installation", work undertaken at the place of occupancy to ensure the proper initial setup of a modular unit which shall include the joining of all sections of the unit, installation of stabilization, support, and leveling systems, assembly of multiple or expanded units, and installation of applicable utility hookups and anchoring systems, if applicable;
(4) "Installer", an individual who is licensed by the commission to install modular units, under sections 700.700 to 700.712;
(5) "Modular unit", a transportable building unit designed to be used by itself or to be incorporated with similar units at a point-of-use into a modular structure to be used for commercial, industrial, or educational purposes, as constructed under the International Building Code (IBC). This definition shall not apply to structures under four hundred ten square feet; and
(6) "Person", an individual, partnership, corporation, or other legal entity.
700.702. The commission shall implement a program to assure the proper installation of modular units by licensed installers. The program shall include the following components:
(1) Licensing of installers, including penalties for engaging in the business of modular unit installation without a license from the commission;
(2) Inspection of a percentage of installed modular units; and
(3) A process to resolve disputes relating to the installation of modular units.
700.704. 1. No person shall engage in the business of installing modular units or hold himself or herself out as a modular unit installer in this state unless such person holds a valid installer license issued by the commission under sections 700.700 to 700.712.
2. The installer license obtained from the commission shall be the only installer license required for installing modular units within this state. No political subdivision of this state shall issue an installer license or require additional professional licensure of installers already licensed by the commission.
700.706. 1. The commission shall issue an installer license to an applicant who:
(1) Files a written application with the commission on a form approved by the commission;
(2) Is at least eighteen years old;
(3) Is of good moral character;
(4) Presents evidence that he or she has completed a training program approved by the commission;
(5) Has attained a passing grade upon an examination, approved by the commission, that is designed to test the skills necessary to properly perform as an installer and to ascertain the adequacy of the applicant's knowledge of any laws applicable to modular unit installation. The commission may establish what constitutes a passing grade for the examination; and
(6) Pays all fees as required by sections 700.700 to 700.712 and by commission rule.
2. In addition to fulfilling the requirements of subsection 1 of this section, an applicant shall obtain a bond in an amount and with sureties approved by the commission.
3. In addition to fulfilling the requirements of subsection 1 of this section, an applicant shall obtain and show proof of a certificate of insurance for workers' compensation coverage.
4. In addition to fulfilling the requirements of subsection 1 of this section, an applicant shall show proof of general liability insurance in an amount of at least three hundred thousand dollars.
5. An installer license shall be valid for a period of time determined by the commission, but not for less than one year, and it may be renewed accordingly.
6. (1) The commission may waive the training and examination requirements of subsection 1 of this section and grant an installer license to an applicant who pays the applicable fee and demonstrates to the commission's satisfaction that his or her current license, registration, or certification requirements as an installer in another state, the District of Columbia, or territories of the United States substantially meets or exceeds the requirements in sections 700.700 to 700.712.
(2) The commission may negotiate reciprocal agreements that allow licensed installers in Missouri to become licensed in other states, the District of Columbia, or territories of the United States.
700.708. 1. The commission shall mail a renewal notice to the last known address of each installer licensee prior to the renewal date and shall establish procedures and requirements, including proof of at least one continuing education program a year, for renewing an installer license. The commission shall renew the license of a licensee who fulfills these requirements before the expiration date of his or her license and within a time period determined by the commission. The commission shall deny renewal to a licensee who does not fulfill these requirements.
2. Within ten days of receiving notification, a licensee shall notify the commission in writing of the cancellation, termination, or nonrenewal of any workers' compensation coverage or general liability insurance required by section 700.706. The commission may suspend an installer license until the licensee provides proof that the insurance coverage is restored.
3. Upon a licensee's written request, the commission may grant inactive status to a licensee, if the person meets the licensing requirements in sections 700.700 to 700.712 and:
(1) Does not install modular units, except as allowed under section 700.706;
(2) Does not hold himself or herself out as an installer in the state of Missouri; and
(3) Maintains continuing education requirements established by the commission.
4. The commission may establish procedures and requirements for reissuing an installer license that has lapsed, expired, or been suspended, revoked, or placed on inactive status. The commission shall not reissue a license more than two years after its expiration date.
700.710. Each licensed installer shall purchase installation decals from the commission for a fee established by the commission. An installation decal shall be affixed to the modular unit upon completion of the installation. The decal shall note the installer's license number and shall be permanently affixed to the modular unit at a location determined by the commission.
700.712. 1. The commission may implement sections 700.700 to 700.712 using its own employees, using independent contractors, consistent with policies established by the office of administration, or through other private or public entities that provide a service to an applicant or licensee at the expense of the applicant, licensee, or his or her employer.
2. The commission may establish reasonable fees to cover the cost of implementing sections 700.700 to 700.712.
3. The commission may promulgate rules to implement the provisions of sections 700.700 to 700.712. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly under chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2012, shall be invalid and void.
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