20 CSR 4240-127.010 - Definitions
PURPOSE: The purpose of this rule is to combine all definitions in Chapters 120 through 126.
(1) The following definitions apply to
Chapter 120, Chapter 121, Chapter 123, Chapter 124, Chapter 125, and Chapter
126:
(A) Advisory committee is the committee
created to assist the commission with the evaluation of all claims filed by
consumers;
(B) Agent means a person
who has received the power to act on behalf of another or entity;
(C) Anchor means any device designed to
transfer wind loads imposed on a manufactured home to the ground;
(D) Anchoring equipment means straps, seals,
cables, and tensioning devices, which are used to secure a manufactured home to
anchors;
(E) Anchoring standards
means the manufactured home tie-down systems standards adopted by the
commission under section
700.076,
RSMo;
(F) Anchoring system means a
combination of ties, anchoring equipment , and anchors that will, when properly
designed and installed, resist overturning and lateral movement of the
manufactured home from wind forces;
(G) Approved insignia means a label or tag
issued by authority of
42 U.S.C.
5414 under the Federal Manufactured Home
Procedural and Enforcement Regulations or an insignia issued by a state with
which this state has entered into a reciprocity agreement under section
700.030,
RSMo;
(H) Authorized representative
means any person, firm or corporation, or employee thereof, approved or hired
by the commission to perform inspection services;
(I) Authorized testing agency means a
commission approved testing agency who certified the tie-down system
test;
(J) Certification label or
label means the approved form of certification that, under
24 CFR
section 3282.362(c)(2)(i),
is permanently affixed to each transportable section of each manufactured home
manufactured for sale in the United States;
(K) Certified new manufactured home means a
new manufactured home to which a certification label has been
affixed;
(L) Claim form is the form
developed and provided by the commission and which is used for reimbursement
from the Manufactured Housing Recovery Fund;
(M) Classified soil means soil that has been
evaluated through the use of a standard soil torque probe or other approved
method to determine anchor -holding capacity;
(N) Code means the standards relating to
manufactured homes, or modular units as adopted by the commission . The
commission , in its discretion, may incorporate, in whole or in part, the
standards or codes promulgated by the International Code Council, in its
entirety, the standards or codes promulgated by the American Standards
Institute, the federal standards set forth in 24 CFR section 3280 of the
Manufactured Home Construction and Safety Standards, and 24 CFR section 3282 of
the Manufactured Home Procedural and Enforcement Regulations, and 24 CFR
section 3285 of the Federal Manufactured Housing Installation Standards and any
applicable standards promulgated by the United States Department of Housing and
Urban Development or other recognized agencies or organizations;
(O) Commission is the Missouri Public Service
Commission ;
(P) Consumer is any
individual who has purchased from a Missouri registered manufacturer or dealer
any "home " as that term is defined in this rule;
(Q) Continuing education means that
installers will be required to attend certification classes every three (3)
years, or as otherwise required by the commission ;
(R) Dealer is any person, other than a
manufacturer, who sells or offers for sale four (4) or more used manufactured
homes or one (1) or more new manufactured homes or modular units in any
consecutive twelve- (12-) month period or as otherwise defined in section
700.010,
RSMo;
(S) Detailed plan means a
detailed set of plans and specifications of each modular unit and manufacturer
supplied component produced by a manufacturer;
(T) Educational program means a manufactured
housing installation training program approved by the manager;
(U) Educational provider is any person or
legal entity authorized by the commission to provide manufactured housing
installation training, instruction, and certification pursuant to a training
program approved by the commission ;
(V) HUD means the United States Department of
Housing and Urban Development;
(W)
HUD regulations means the rules promulgated by the secretary of HUD under
Section 625 of
42 U.S.C.
5424;
(X) Installation is any work undertaken at
the place of occupancy of a manufactured home to ensure the proper initial
setup of the home , which shall include the joining of all sections of the home ,
installation of stabilization, support, and leveling systems, assembly of
multiple or expanded units, and installation of applicable utility hookups and
anchoring systems that render the home fit for habitation;
(Y) Installation decals are decals issued by
the manufactured housing and modular units program to be attached to each new
manufactured home installed or set up by a licensed installer;
(Z) Installed means the arrangement and
assembly at the occupancy site of all portions of an anchoring system , in
accordance with the manufacturer's design, that renders the anchoring system
fit for its intended use;
(AA)
Installer is an individual who is licensed by the manufactured housing and
modular units program to install manufactured homes, pursuant to sections
700.650 to
700.680,
RSMo;
(BB) Installer license is a
manufactured housing installer license or license renewal issued by the
manufactured housing and modular units program, issued for a one- (1-) year
period;
(CC) License renewal is the
renewal of manufactured housing installer licenses due annually by July
1;
(DD) Limited use installer
license is a manufactured housing limited use installer license issued by the
commission which is valid for a period of one hundred eighty (180) days and is
limited to one (1) renewal;
(EE)
Manager means the manager of the manufactured housing and modular units program
of the Public Service Commission and persons working under his or her
supervision;
(FF) Manufactured home
as defined by section
700.010, RSMo means a
structure, transportable in one (1) or more sections, which, in the traveling
mode, is eight (8) body feet or more in width or forty (40) body feet or more
in length, or, when erected on-site, is three hundred twenty (320) or more
square feet, and which 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 the plumbing, heating, air-conditioning, and
electrical systems contained therein. The term includes any structure that
meets all of the requirements of this subsection except the size requirements
and with respect to which the manufacturer voluntarily files a certification
required by the United States Secretary of Housing and Urban Development and
complies with the standards established under Title 42 of the United States
Code . The term includes units which are in two (2) or more separately towable
components designed to be joined into one (1) integral unit capable of being
again separated into the components and also includes two (2) manufactured home
units joined into a single residential or business unit which are kept on a
separate chassis for repeated towing. Manufactured home shall not include a
recreational vehicle;
(GG)
Manufactured housing and modular units program means the unit within the
commission authorized to carry out certain duties of the commission as they
relate to manufactured homes and modular units;
(HH) Manufactured Housing Consumer Recovery
Fund or Recovery Fund means the fund established for the purpose of paying
unsatisfied claims as approved by the commission under the procedures
established by this chapter, administered by the commission , and used solely as
prescribed in this chapter and pursuant to section
700.041,
RSMo;
(II) Manufacturer is any
person or entity who manufactures manufactured homes, or modular units,
including persons who engage in importing manufactured homes, or modular units
for resale;
(JJ) Manufacturer 's
installation manual shall be the installation manual and any changes or
addendums as provided by the home manufacturer for the installation of
manufactured home , modular unit, tie-down system, or any component part,
including, but not limited to, the supporting, fastening, bolting of the
floors, roof section(s), end walls, fastening down to foundation, electrical
connections, water crossovers, and any other such operation that will be needed
to properly set up a manufactured home or modular unit;
(KK) Manufacturing program is an organization
capable of manufacturing modular units which is comprised of at least a quality
control manual and detailed plans for each type of modular unit to be
manufactured under a program approved in writing by the manager as conforming
to the requirements of this chapter, the code , and Chapter 700, RSMo as it
relates to modular units;
(LL)
Modular unit means a factory fabricated transportable building section designed
to be used by itself or to be incorporated with other sections at a building
site into single modular structures to be used for residential, commercial,
educational, or industrial purposes. For purposes of this chapter, modular unit
only means a unit(s) making up a completed modular structure. Separate modular
sections are not modular units until assembled into a single modular unit . A
manufactured modular unit may be moved as more than one (1) unit, but shall not
consist of panels, nor individual pieces to be assembled on the permanent
foundation or be more than those necessary pieces needed to complete final
setup. This definition shall not apply to structures under six hundred fifty
(650) square feet used temporarily and exclusively for construction site office
purposes;
(MM) Notice of completion
is a notice issued by the manager to a manufacturer, installer , or dealer , or
each responsible entity, that the inspectors have completed setup inspections.
A notice of completion shall not preclude inspections conducted pursuant to a
consumer complaint;
(NN) Person is
an individual, partnership, corporation, or other legal entity;
(OO) Pre-owned manufactured home means a
manufactured home that has been sold at retail or rented, leased, or occupied
either as a dwelling or a place of business;
(PP) Primary installer means an installer who
is responsible for the initial installation of the home to include ensuring the
home site is properly prepared, ensuring the foundation and/or piers meet the
applicable standards before setting the home on the site, and placing the
installation decal and sign-off portion of the decal on the home ;
(QQ) Purchase agreement or bill of sale means
a writing reflecting the terms of transfer of property between a dealer and the
purchaser;
(RR) Registration means
the application submitted to the manufactured housing and modular units program
and payment of the registration and renewal fee as established in section
700.095,
RSMo;
(SS) State administrative
agency means an agency of a state which has been approved or conditionally
approved to carry out a state plan for enforcement of the federal standards
under Section 623 of the Act (
42 U.S.C. 5422
);
(TT) State plan means the
procedure by which a state administrative agency proposes to cooperate with the
secretary of HUD in the administration and enforcement of the federal
standards;
(UU) State plan
application means the application of a state agency to be approved by the
secretary of HUD as a state administrative agency;
(VV) Tie means straps, cable, or securing
devices used to connect the manufactured home to the anchor;
(WW) Unclassified soil means soils that have
not been evaluated to determine anchor -holding capacity; and
(XX) Unsatisfied claim is any claim for the
actual cost of damages or repairs arising from a violation of Chapter 700,
RSMo, the commission 's rules, or the standards in 24 CFR sections 3280 and
3282, and which a consumer has not been able to recover.
Notes
*Original authority: 700.040, RSMo 1973, amended 1976, 1978, 1982, 1984, 1989, 1993, 1995, 1999 and 700.692, RSMo 2004.
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