Section 125.1508. Unlawful practices.

(1) Without the express written consent  of  a   customer,  an installer and servicer shall not install or service a home or a part, option, accessory, or item of standard equipment of a home that, to the best of its knowledge, will result in an alteration or substitution to the manufacturer's installation, construction, and performance standard in effect at the time of manufacture. The customer's consent shall be attached to the work order.

(2)        If a customer desires installation or service that alters or substitutes the manufacturer's standard, then the engaged installer and servicer shall notify the customer by certified mail or personal delivery, that, to the best of its knowledge, the desired installation or service alters or substitutes the manufacturer's standard and that the alteration  or substitution may void the manufacturer's warranty.

(3)     An installer and servicer shall not do any of the following:

(a)     Divert money or other security that is received for the prosecution or completion of an installation or service, or both, of a home or a part, option, accessory, or item of equipment of a home under the conditions of the work order.

(b)      Fail to account for or remit money in the installer and servicer's possession that belongs to others.

(c)     Willfully depart from or disregard plans, specifications, or the conditions set forth in the work order without the written consent of the customer.

(d)       Willfully violate or disregard   the  building  laws,  codes,  and ordinances of the state or a political subdivision of the state, including failing to obtain the permits that are required  for the installation or service, or both, of a home.

(e)      Fail to deliver to a customer the customer's signed work  order executed upon completion of the installation or service performed under the conditions of the work order.

(f)      Fail to deliver to a customer the entire executed work order, including itemized costs of materials and other charges arising out of, or incidental to, the work order for the installation or service, or both, of a home before the work commences.

(g)       Aid or abet an unlicensed person to evade the provisions of the act or rules promulgated under the act; knowingly combine or conspire with, or be acting as agent, partner, or associate for, an unlicensed person; allow one's license to be used by an unlicensed person;  or be acting as, or be an

apparent licensed installer and servicer for, an undisclosed person who does or will control or direct, or who may have the right to control or direct, directly or indirectly, the business operations or performance, or  both,  of the licensee.

History: 1979 AC; 1980 AACS; 1991 AACS; 1998 AACS; 2003 AACS.