South Dakota § 34-34A-9.4 - Prohibited acts.

§ 34-34A-9.4. Prohibited acts.

No person may:

(1)    Manufacture for sale, lease, sell, offer for sale or lease, introduce or deliver, or import into the State of South Dakota any home which is manufactured on or after the effective date of any applicable federal manufactured home construction and safety standard and does not comply with that standard;

(2)    Fail or refuse to permit access to or copying of records, or fail to make reports or provide information or fail or refuse to permit entry or inspection as required by § 34-34A-10.1;

(3)    Fail to furnish notification of any defect as required by 42 U.S.C. § 5414;

(4)    Fail to issue a certification required by 42 U.S.C. § 5415;

(5)    Issue a certification to the effect that a manufactured home conforms to all applicable federal manufactured home construction and safety standards if the person, exercising due care, has reason to know that the certification is false or misleading in a material respect;

(6)    Fail to establish and maintain records, to make reports or to provide information that the division may reasonably require to determine if there is compliance with this chapter and with the National Manufactured Housing Construction and Safety Standards Act of 1974; or fail to permit, upon request of a person authorized by the division, inspection of appropriate books, papers, records and documents to determine if a manufacturer, distributor or dealer has acted or is acting in compliance with this chapter or with the National Manufactured Housing Construction and Safety Standards Act of 1974; or

(7)    Issue a certification pursuant to 42 U.S.C. § 5403(h) if that person knows that the certification is false or misleading in a material respect.

Source: SL 1982, ch 267, § 4; SL 1990, ch 278, § 11; SL 2020, ch 146, § 2.