19 Miss. Code. R. 7-3.01.3 - Definitions

For purposes of this Regulation, the terms hereinafter set forth are defined as follows:

A. "Approved construction inspection agency" means an approved inspection agency which is responsible for performing the functions described in Rule 3.03.5 herein and has been approved by the Factory-Built Home Division of the State Fire Marshal's Office of the Department of Insurance.

B. "Approved design review agency" means an approved inspection agency which is responsible for performing the functions described in Rule 3.03.5 herein and has been approved by the Factory-Built Home Division of the State Fire Marshal's Office of the Department of Insurance.

C. "Building system" means plans, specifications, and documentation for a system or type of modular building unit, or for the foundation, structural, electrical, mechanical, plumbing, fire protection, or other system(s) thereof affecting health and safety.

D. "Certification" means written confirmation from a modular home manufacturer verifying that a Modular Home Contractor or an Installer/Transporter is qualified to install and/or transport his modular home as defined in Rule 3.01.3(X).

E. "State Chief Deputy Fire Marshal" means the individual appointed by the Commissioner of Insurance, who, along with his employees, is designated by the Commissioner to implement and enforce this Regulation and to maintain, among other duties, the Factory-Built Home Division.

F. "Closed construction" means any modular building unit, component, assembly, or system manufactured in such a manner that all concealed parts' processes of manufacturing cannot be inspected before installation at the site without disassembly, damage, or destruction.

G. "Commissioner" means the Commissioner of Insurance of the State of Mississippi.

H. "Compliance assurance program" means the system documentation and methods of assuring that modular building units and their components, including the manufacturing, storage, transportation, assembly, handling and installation thereof, conform to the Standards, as defined in Rule 3.01.3(GG).

I. "Component" means any assembly, sub-assembly, or combination of elements for use as a part of a modular building unit, which may include the structural, electrical, mechanical, plumbing, fire protection, or other system(s) thereof affecting life safety.

J. "Damage" means any impairment, alteration, or breakage occurring to a modular building unit, or any part thereof, that causes it not to comply with the Standards, as defined in Rule 3.01.3(GG).

K. "Data plate" means the label requested and installed by independent third-party inspection agencies, verifying compliance with construction standards approved by the Factory-Built Home Division of the State Fire Marshal's Office of the Department of Insurance.

L. "Developer" means any person who buys factory-built homes and real estate and then offers to sell or lease to the general public land-home "package deals" consisting of a home with real estate. Upon renewal of a license, a developer must provide documentation to the Department of Insurance that he or she has at least five (5) available manufactured or modular home sites. A developer shall be responsible for installation requirements for manufactured or modular housing as set forth in this Regulation. The term "Developer" does not apply to entities that meet the requirements of and are licensed as a "Modular home contractor" as defined in Rule 3.01.3(Y).

M. "Division" means the Factory-Built Home Division of the State Fire Marshal's Office.

N. "Endorsement" means the stamp affixed to a privilege license indicating manufacturer certification as defined in Rule 3.01.3(D).

O. "Factory-Built home" means a mobile home, a manufactured home, and a modular home as those terms are defined herein.

P. "Installer/transporter" - is any person engaged for hire as an independent contractor in the movement of, transportation, or both, or the installation, blocking, anchoring and tie-down of a Factory-Built home. An "installer/transporter" shall not include persons who do not hold themselves out for hire to the general public for the purposes described in this definition. An installer/transporter shall be responsible for installation requirements for manufactured, mobile or modular homes as set forth in Title 19, Part 7,Chapter 5, Rule 5.04 -5.06 of the rules and regulations for the Uniform Standards Code for Factory-Built Home Law.

Q. "International Residential Code for One and Two-Family Dwellings (IRC)" means the International Residential Code, 2006 edition, published by the International Code Council (ICC), 900 Montclair Road, Birmingham, Alabama 35213, as referenced in Article II. Standards herein.

R. "Licensee" means any manufacturer, retailer, developer, modular home contractor or installer/transporter who obtains a privilege license from the Factory-Built Home Division of the State Fire Marshal's Office of the Department of Insurance. The licensee shall comply with all laws of the State of Mississippi regarding factory-built homes.

S. "Manufactured home" means a structure defined by and constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended, ( 42 U.S.C.S. 5401et seq.), and manufactured after June 14, 1976.

T. "Manufacturer" means any person engaged in the production (construction) of modular or manufactured homes.

U. "Mississippi Department of Transportation (MDOT)" means the regulatory agency for transportation in the State of Mississippi. All licensees (manufacturers, retailers, developers, modular home contractors and installer/transporters) shall comply with the requirements regarding transportation of factory built homes under the jurisdiction of MDOT in the State of Mississippi.

V. "Mobile home" means a structure manufactured before June 15, 1976, that is not constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended ( 42 U.S.C.S. 5401et seq...). It is a structure that is transportable in one or more sections, that, in the traveling mode, is eight (8) body feet or more in width and thirty-two (32) body feet or more in length, or when erected on site, is two hundred fifty-six (256) or more square feet, and that is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes any plumbing, heating, air conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certification required by the Commissioner and complies with the standards established under The Uniform Standards Code for Factory-Built Homes Law, Mississippi Code Ann., Section 75-49-1, et seq.

W. "Model" means a specific design of modular building unit which is based upon size, room arrangement, method of construction, location, arrangement or size of plumbing, mechanical, or electrical equipment and systems therein in accordance with plans and specifications submitted to an approved design review agency.

X. "Modular home" means a structure which is:

(i) transportable in one or more sections;

(ii) designed to be used as a dwelling when connected to the required utilities, and includes plumbing, heating, air conditioning and electrical systems with the home; and

(iii) certified by its manufacturers as being constructed in accordance with a nationally recognized building code; and

(iv) designed to be permanently installed at its final destination on an approved foundation constructed in compliance with a nationally recognized building code. The term "modular home" does not include manufactured housing as defined by the National Manufactured Housing Construction and Safety Standards Act of 1974.

Y. "Modular home contractor" means a licensed residential building contractor or a licensed retailer who buys factory-built modular homes for resale to the general public, whether to be located on the consumer's home site or a land-home package on property owned by the modular home contractor. A Mississippi licensed modular home contractor is authorized to sell new modular homes for installation on a consumer's home site or as part of a land-home package without the necessity of maintaining a separate sales center. A modular home contractor shall be responsible for the installation requirements for modular housing as set forth in Rule 3.03.8 of the rules and regulations for Uniform Standards Code for the Factory-Built Homes As Related To Modular Homes.

Z. "Non-coded area" means any local jurisdiction (county or municipality) that has not adopted the latest edition and Appendices of the International Building Code, published by the International Code Council, or the Southern Building Code, published by the Southern Building Code Congress International, or any county in which the board of supervisors has not adopted Mississippi Code Ann., Section 75-49-21, entitled "permit Fees for Manufactured or Mobile Homes," or other recognized building codes or portion thereof.

AA. "Open construction" means any modular building unit, component, assembly, or system manufactured in such a manner that all portions can be readily inspected at the site without disassembly, damage, or destruction.

BB. "Person" means any individual, firm, corporation, partnership, association or other type of business entity.

CC. "Residential Building Contractor" means any person who is licensed by the State of Mississippi to construct a residential building or structure, or to construct the foundation and perform the installation and site work for a modular home, or to offer for sale or for use by another a residential building or structure, or who, for a fixed price, commission, fee, wage, or other compensation, undertakes or offers to undertake the construction, or superintending of the construction, of a residential building or structure.

DD. "Retailer" means any person engaged in the retail sale of new or used manufactured mobile or modular homes to the general public. Upon renewal of a license, a retailer must provide documentation to the Department of Insurance that he or she has at least three (3) available manufactured mobile or modular homes on a sales lot. A retailer shall be responsible for installation requirements for manufactured mobile or modular housing set forth in Rule 3.03.8 of this Regulation.

EE Site" means the location on which a modular building unit is installed or is to be installed.

FF. "Southern Building Code Congress International (hereinafter referred to as "SBCCI") means the former Southern Building Code Congress International of Birmingham, Alabama, which changed on January 2000 to the new International Code Council.

GG. "Standards" means the standards for the construction and installation of modular homes established in Article II of this Regulation.

HH "Standard design" means any modular building unit, component, model or series intended for duplication or repetitive manufacture.

II. "System prototype" means a specific design of modular homes designated by the manufacturer to be the standard for imitation reproduction. A system prototype may include options that do not affect the performance function of any system.

Notes

19 Miss. Code. R. 7-3.01.3

Miss. Code Ann. § 75-49-3 (Supp. 2013).

Amended 1/1/2015