137-020-0520 Definitions For purposes of OAR 137-020-0520 to 137-020-565: (1) "Base price" means the total retail cost of the following unless separately disclosed as described in OAR 137-020-0550: (a) The manufactured dwelling as provided by the manufacturer; (b) Features added by the dealer, if any; (c) Freight; and (d) Delivery and installation as stated in the purchase agreement. (2) "Buyer" means a person who buys or agrees to buy a manufactured dwelling. (3) "Clear and conspicuous" means information displayed in a form that is readily noticeable, easily readable, will be easily understood by the audience to whom it is directed, and is in a meaningful sequence. In order for a message to be considered "clear and conspicuous," it shall, at a minimum: (a) Not contradict or substantially alter any terms it purports to clarify, explain or otherwise relate to; (b) Use abbreviations or terms only if they are commonly understood by the average person, approved by federal or state law, or defined in the writing; and (c) Be of sufficient prominence in terms of print style, size and contrast as compared with the remainder of the document or writing so as to be readily noticeable to an average person in the audience to whom it is directed. (4) "Dealer" means any person in the business of selling, leasing or distributing new or used manufactured dwellings to persons who purchase or lease a manufactured dwelling for use as a residence. (5) "Floor area" means the sum of the product of the length multiplied by the width of each section of a manufactured dwelling as delivered from the factory, expressed in approximate square feet. (a) "Length" of a manufactured dwelling means the distance from the extreme exterior of the front wall (nearest to the drawbar and coupling mechanism) to the extreme exterior of the rear wall (at the opposite end of the home) where such walls enclose living or other interior space and such distance includes expandable rooms but not bay windows, porches, drawbars, couplings, hitches, wall and roof extensions or other attachments. (b) "Width" of a manufactured dwelling means the distance between the extreme exterior of two opposite walls enclosing living or other interior space and including expandable rooms but not bay windows, porches, wall and roof extensions or other attachments. OFFICIAL COMMENTARY: The definition of "floor area" in this rule is consistent with Building Codes Division’s rules defining "length" and "width" of a manufactured dwelling under OAR 918-500-0005(21) and (54). (6) "Improvements" means goods and services that are not included in the base price and that are, in general, needed to prepare a site and complete the setup of a manufactured dwelling. When describing improvements, each of the improvements must specify, where applicable, the dimensions and major structural materials to be used. "Improvements" include, but are not limited to: (a) Installations or other changes that a tenant makes to a rental space; (b) Site preparation; (c) Sidewalks; (d) Concrete; (e) Skirting; (f) Steps; (g) Railings; (h) Decks; (i) Awnings; (j) Carports; (k) Garages; (l) Sheds; (m) Gutters, downspouts and rain drains; (n) Utility connections; (o) Heat pumps and air conditioning; (p) Basements; (q) Plants and landscaping; (r) Permits; (s) Installation fees; and (t) Systems development charges. (7) "Manufactured dwelling" means: (a) Residential trailer, a structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed before January 1, 1962; (b) Mobile home, a structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed between January 1, 1962, and June 15, 1976, and met the construction requirements of Oregon mobile home law in effect at the time of construction; (c) "Manufactured home," a structure constructed for movement on the public highways that has sleeping, cooking and plumbing facilities, that is intended for human occupancy, that is being used for residential purposes and that was constructed in accordance with federal manufactured housing construction and safety standards and regulations in effect at the time of construction; and (d) "Manufactured dwelling" does not mean any building or structure constructed to conform to the State of Oregon Structural Specialty Code or the One and Two Family Dwelling Code adopted pursuant to ORS 455.100 to 455.450 and 455.610 to 455.630 or any unit identified as a recreational vehicle by the manufacturer. (8) "Manufactured dwelling park" means any place where four (4) or more manufactured dwellings are located within 500 feet of one another on a lot, tract or parcel of land under the same ownership, the primary purpose of which is to rent or lease space or keep space for rent or lease to any person for a charge or fee paid or to be paid for the rental or lease or use of facilities or to offer space free in connection with securing the trade or patronage of such person. "Manufactured dwelling park" does not include a lot or lots located within a subdivision being rented or leased for occupancy by no more than one (1) manufactured dwelling per lot if the subdivision was approved by the local government unit having jurisdiction under an ordinance adopted pursuant to ORS 92.010 to 92.190. (9) "Prospective tenant" means any person who has made any inquiry of the landlord of a manufactured dwelling park concerning the possibility of renting a space in a manufactured dwelling park. (10) "Provider" means a contractor licensed under ORS Chapter 701 who makes improvements to a manufactured dwelling park. The provider also includes the dealer or the landlord who contracts with the buyer to make site improvements for the manufactured dwelling, whether on private property or in a manufactured dwelling park. (11) "Purchase agreement" means the written contract between the dealer and the buyer for the purchase of a manufactured dwelling. "Purchase agreement" does not include documents of a retail installment contract or loan agreement entered into as part of the purchase transaction. (12) "Rental agreement" means all written agreements, valid rules and regulations adopted under ORS 90.510 embodying the terms and conditions concerning the use and occupancy of a manufactured dwelling unit and premises. "Rental agreement" includes a lease. A rental agreement shall specify the term of tenancy. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 90.516, 180.520(1)(c), 646.404, 646.608(1)(u) & (4) Statutes/Other Implemented: ORS 90.510, 90.512 - 90.518, 646.400 - 646.404, 646.608(1)(u), (1)(yy) & (4) History: DOJ 2-2002, f. & cert. ef. 4-15-02