Who decides what penalty will be imposed against a residential builder who violates the Code?

The correct answer indicates that both the Home Builders Licensure Board and the Director of the Department have roles in determining the penalty against a residential builder who violates the Code.

The Home Builders Licensure Board is responsible for overseeing compliance with the Code and can assess penalties for violations directly. This is a crucial part of regulatory oversight within the residential building sector, as the Board has the expertise and authority to evaluate the circumstances of each case and impose appropriate consequences.

On the other hand, if the Home Builders Licensure Board does not take action within a specific timeframe (in this case, 60 days), the director of the Department can step in to decide on the penalty. This dual approach ensures that there is a mechanism for accountability even if the Board is slow in responding, thereby protecting the interests of consumers and maintaining standards within the industry.

The involvement of both bodies provides a system of checks and balances, allowing for timely action on violations while also enabling the Board to exercise its primary function in regulating builder conduct. This comprehensive framework helps to ensure that penalties are fair and appropriate, taking into consideration the specifics of each case.