Current through Register Vol. 48, No. 14, April 8, 2022
The definitions in A.R.S. §§
apply to this Chapter. Additionally, in this Chapter:
1. "Act" means the Manufactured Housing
Improvement Act of 2000, which is Title VI of the American Homeownership and
Economic Opportunity Act of 2000.
2. "Agency" means the seller or purchaser of
a used home has given a licensed salesperson written legal authority to act on
behalf of the seller or purchaser when dealing with a third party. The written
legal authority is also binding on the salesperson's licensed and employing
3. "Agency disclosure"
means a document that specifies the person a licensed salesperson or licensed
retailer represents in a brokered transaction.
4. "Agent" means a licensed retailer
authorized to act on behalf of a seller, purchaser, or both the seller and
purchaser of a used home.
"Attached" means an accessory is fastened or affixed to a regulated structure
in a manner that imposes a load on the structure.
6. "Branch location"
means a satellite office, in addition to the principal office, where business
may be transacted.
7. "Brokered transaction" means a transaction in which
a licensed broker acts as an agent for the seller, purchaser, or
8. "Certificate" means an Arizona Insignia with which
a licensee certifies all work performed complies with applicable law, including
this Chapter, relating to modular manufacture and reconstruction, installation
of modular, manufactured, and mobile homes, or rehabilitation work and
"Co-brokered transaction" means a transaction in
which the listing retailer and the selling retailer are not the same person.
"Commercial" means an FBB with a use-occupancy
classification other than single-family dwelling.
10. "Consummation of sale, as defined at
includes filing an Affidavit of Affixture, if applicable.
11. "FBB" means factory-built
12. "Field installed"
means components, equipment, and/or construction that is to be completed or
installed at the site. Field installed does not include
13. "HVAC" means
heating, ventilation, and air conditioning.
14. "Modular" means a type of FBB built in a
factory and transported in three-dimensional sections to an installation
15. "New" means a unit not
previously sold, bargained, exchanged, or given away to a purchaser.
16. "Panelized" means a type of commercial
FBB built in a factory using closed construction, including partly or fully
finished walls, floors, or roof panels, and transported in two-dimensional
condition to an assembly site.
foundation" means a system of support and perimeter enclosure, with or without
crawl space, that is:
a. Constructed of
b. Developed in
accordance with the manufacturer's installation instructions or designed by an
Arizona registered engineer;
Attached in a manner that effectively transfers all vertical and horizontal
design loads that could be imposed on the structure by wind, snow, frost,
seismic, or flood conditions, as applicable, to the underlying soil or rock;
Designed to exclude unwanted
elements and varmints, ensure sufficient ventilation, and provide adequate
access to the building.
e. Not affixed with anchoring
straps or cable to ground anchors other than footings.
18. "Purchase contract in a brokered transaction"
means a written agreement between a purchaser and seller of a used home that
indicates the sales price and terms of the sale.
work performed on a manufactured home, mobile home, or FBB to restore the
building to a habitable condition but does not impact the original structure,
electrical, plumbing, HVAC, mechanical, use occupancy, or energy design.
"Residential" means a building with a use-occupancy
classification of single family dwelling or as governed by the International
20. "Retailer" means a broker or dealer as
prescribed at A.R.S. §
21. "Site" means a parcel of land bounded by
a property line or a designated portion of a public right-of-way.
22. "Site work" means soil preparation
including soil analysis, grading, drainage, utility trenches, and foundation
systems preparation, and field-installed work including terminal and
connections, on-site utility connections, accessibility structures, egress
paths, parking, lighting, landscaping, and similar work.
"Standards" means the materials
"Supplement" means a submittal noting
change of a floor plan design, system, component, or configuration, and is
incorporated as part of an originally approved plan.
"Technical service" means engineering assistance and
interpretative application or clarification of compliance and enforcement of
A.R.S. Title 41, Chapter 16, Articles 1, 2, and 4 and this
25. "Used home" means
a previously titled manufactured home, mobile home, or FBB designed for use as
a residential dwelling.