Title 10, §9002: Definitions

§9002. Definitions

As used in this chapter, unless the context otherwise indicates, the following words and terms shall have the following meanings. [PL 1977, c. 550, §1 (NEW).]

1. Board. "Board" means the Manufactured Housing Board.

[PL 1977, c. 550, §1 (NEW).]

2. Dealer. "Dealer" means a person engaged in the sale, offering for sale, brokering or distribution of manufactured housing to a licensed dealer, developer dealer or consumer.

[PL 2005, c. 344, §1 (AMD).]

2-A. Developer dealer. "Developer dealer" means a person who purchases state-certified manufactured housing from a licensed manufacturer or dealer for placement on property owned by the developer dealer and who offers the manufactured housing for sale to the initial purchaser of the manufactured housing. The developer dealer may not install such manufactured housing but may contract with the manufacturer or dealer for the installation of such manufactured housing.

[PL 2005, c. 344, §2 (NEW).]

2-B. Educational facility. "Educational facility" means an academic institution providing education designed to provide career and technical training to its students through the construction of manufactured homes. "Educational facility" includes but is not limited to career or technical schools, high schools and postsecondary programs.

[PL 2017, c. 210, Pt. B, §2 (NEW).]

3. Federal manufactured home construction and safety standard. "Federal manufactured home construction and safety standard" means the standard for the construction, design and performance of a manufactured home that meets the needs of the public including the need for quality, durability and safety and that has been duly adopted by the Federal Government pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended by the Manufactured Housing Improvement Act of 2000, 42 United States Code, Section 5401, et seq.

[PL 2017, c. 210, Pt. B, §3 (AMD).]

4. H.U.D. "H.U.D." means United States Department of Housing and Urban Development, a federal governmental agency.

[PL 1977, c. 550, §1 (NEW).]

5. Inspection agency. "Inspection agency" means an approved person or organization, public or private, determined by the board to be qualified by reason of facilities, personnel and demonstrated ability and independence of judgment to provide for inspection and approval of the design, construction or installation of manufactured housing in compliance with the standards and the rules adopted in accordance with this Act.

[PL 2017, c. 210, Pt. B, §4 (AMD).]

6. Installation. "Installation" means:

A. The placing of manufactured housing on a foundation or supports at a building site; and [PL 2017, c. 210, Pt. B, §5 (AMD).]

B. The assembly and fastening of structural components of manufactured housing, including the completed roof system, as specified by the manufacturer's installation instructions and in accordance with the rules of the board. [PL 2001, c. 260, Pt. A, §1 (NEW).]

For manufactured housing as defined in subsection 7, paragraphs A and C, "installation" also includes the connection to existing services, including but not limited to electrical, oil, gas, water, sewage and similar systems that are necessary for the use of the manufactured housing for dwelling purposes.

[PL 2017, c. 210, Pt. B, §5 (AMD).]

6-A. Installer. "Installer" means a person engaged in the installation or servicing of state-certified manufactured housing.

[PL 2005, c. 344, §3 (AMD).]

7. Manufactured housing. "Manufactured housing" means a structural unit or units designed to be used as a dwelling or dwellings and constructed in a manufacturing facility and then transported by the use of its own chassis or placement on an independent chassis to a building site. The term includes any type of building that is constructed at a manufacturing facility and then transported to a building site where it is utilized for housing and that may be purchased, sold, offered for sale or brokered by a licensee in the interim. For purposes of this Act, 3 types of manufactured housing are included. They are:

A. HUD-code homes, which are those units constructed after June 15, 1976 that the manufacturer certifies are constructed in compliance with the HUD standard, meaning structures, transportable in one or more sections that, in the traveling mode, are 8 body feet or more in width and 40 body feet or more in length or, when erected on site, are 320 or more square feet, and are built on a permanent chassis and designed to be used as dwellings, with or without permanent foundations, when connected to the required utilities, including the plumbing, heating, air-conditioning and electrical systems contained therein; except that such term shall include any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of the United States Department of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 United States Code 5401, et seq; [PL 2005, c. 344, §4 (AMD).]

B. State-certified modular homes, which are those units that the manufacturer certifies are constructed in compliance with this Act and rules, meaning structures, transportable in one or more sections, that are not constructed on a permanent chassis and are designed to be used as dwellings on foundations when connected to required utilities, including the plumbing, heating, air-conditioning or electrical systems contained therein. "Manufactured housing" does not include modular homes constructed at an educational facility by students pursuant to rules adopted by the board; [PL 2017, c. 210, Pt. B, §6 (AMD).]

C. Pre-HUD-code homes, which are those units constructed prior to June 15, 1976, meaning structures, transportable in one or more sections, that are 8 body feet or more in width and are 32 body feet or more in length and are built on a permanent chassis and designed to be used as dwellings, with or without permanent foundations, when connected to the required utilities, including the plumbing, heating, air-conditioning or electrical systems contained therein. [PL 2005, c. 344, §4 (AMD).]

[PL 2017, c. 210, Pt. B, §6 (AMD).]

8. Manufacturer. "Manufacturer" means any person engaged in manufacturing or producing manufactured housing and then selling it to a dealer.

[PL 1977, c. 550, §1 (NEW).]

9. Mechanic. "Mechanic" means an individual engaged in the installation or servicing of HUD-code or pre-HUD-code homes.

[PL 2005, c. 344, §5 (AMD).]

10. Mobile home.

[PL 1981, c. 152, §6 (RP).]

11. Modular home.

[PL 1981, c. 152, §7 (RP).]

12. Person. "Person" means an individual or entity, including but not limited to a corporation, partnership, firm, organization, company, homeowner, consumer or purchaser.

[PL 2017, c. 210, Pt. B, §7 (NEW).]

SECTION HISTORY

PL 1977, c. 550, §1 (NEW). PL 1979, c. 365 (AMD). PL 1979, c. 436 (AMD). PL 1981, c. 152, §§2-7 (AMD). PL 1993, c. 642, §9 (AMD). PL 2001, c. 260, §A1 (AMD). PL 2005, c. 344, §§1-5 (AMD). PL 2017, c. 210, Pt. B, §§2-7 (AMD).