Arkansas Administrative Code › Agency 066 - Arkansas Manufactured Home Commission › Rule 066.00.13-001 - Manufactured Home Licensing and used Manufactured Home Installation Standards

Current through Register Vol. 49, No. 6, June, 2024
CHAPTER 1.
AUTHORITY
Act 419 of 1977 created the Arkansas Manufactured Home Commission
			 and set forth the powers and duties of the Commission, the Director and other
			 personnel of the Agency to: administer the Federal Manufactured Home
			 Construction and Safety Standards; promulgate and enforce state standards for
			 manufactured home installation; require certification and/or licensing of
			 manufacturers, retailers, installers and salespeople; and to promulgate and
			 enforce rules and regulations governing the construction and installation of
			 manufactured homes manufactured, sold or offered for sale in the state of
			 Arkansas.
The following rules and regulations pertaining to the
			 manufacture, sale and installation of manufactured homes are duly adopted and
			 promulgated by the Arkansas Manufactured Home Commission pursuant to the
			 authority expressly conferred by Act 419 of 1977 as amended.
Repealing Clause: All previous rules and regulations pertaining
			 to the manufacture, sale, and installation of manufactured homes are hereby
			 repealed.
CHAPTER 2.
DEFINITIONS
The following terms are defined for the purpose of these
			 regulations. No attempt is made to define ordinary words which are used in
			 accordance with the established dictionary meaning except when the word has
			 been loosely used and it is necessary to define its meaning as used in these
			 regulations to avoid a misunderstanding.
Because the purpose is to define terms rather than words, the
			 definitions are alphabetical using the first word of the term rather than by
			 the noun.
A.
Agency
:
		  The Director of the Arkansas Manufactured Home Commission or other personnel
		  authorized to act on behalf of the Director.
B.
Anchoring
: A combination
		  of external ties, cables, straps and ground anchors or alternative systems
		  certified by an engineer used to secure the home to the ground to resist
		  displacement and movement by natural forces.
C.
Auction:
Means the
		  selling or offering for sale of manufactured homes to manufactured home
		  retailers or to the public, by a person, firm or corporation not otherwise
		  certified or licensed, in an auction or liquidation format or on
		  consignment.
D.
Certification
: Means the act of certifying or a state of being
		  certified.
E.
Commission
: Means Arkansas Manufactured Home
		  Commission.
F.
Defect
: means any defect in the performance, construction,
		  components or material of a manufactured home that renders the manufactured
		  home or any part thereof not fit for the ordinary use for which it was
		  intended.
G.
Director
: Means the Director of the Arkansas Manufactured Home
		  Commission.
H.
Federal
		  Standards
: means the National Manufactured Housing Construction
		  and
Safety Standards Act of 1974 (
			 42 U.S.C. §
									§
									5401 et seq) and applicable regulations
			 promulgated by the United States Department of Housing and Urban Development,
			 as and when adopted by the Commission.
I.
HUD
: Means the U.S.
		  Department of Housing and Urban Development.
J.
Installation:
means work
		  done to stabilize, support or anchor a manufactured home or to join sections of
		  a multi-section manufactured home when any such work is governed by regulations
		  adopted by the Commission.
K.
Installer
: Means any person, firm or corporation not otherwise
		  certified, engaged in the business of installing manufactured homes for himself
		  or on behalf of any other person not certified under this Act.
L.
Manufacturer
: Means any
		  person who manufactures manufactured homes.
M.
Multi-Section
: Means more
		  than one unit of a manufactured home when joined together form a single entity,
		  a livable home.
N.
Quality
		  Control
: Means in-plant inspection by the manufacturer to assure that
		  all units meet the National Manufactured Housing Construction and Safety
		  Standards and the approved DAPIA Manual for each plant.
O.
Retailer
: Means any
		  person, firm or corporation in the business of accepting on consignment, buying
		  for resale, selling or exchanging manufactured homes or offering same to the
		  public for sale, exchange or lease-purchase, whether for himself or on behalf
		  of any other person not certified as a retailer under this Act.
P.
Revocation
: Means the
		  repeal or reversal of the rights of the manufacturer or retailer to sell or
		  distribute units in the State of Arkansas. Means the repeal or reversal of the
		  rights of the installer to set-up or anchor manufactured homes.
Q.
Salesperson
: Means any
		  person employed by the retailer or manufacturer who is engaged in either the
		  wholesale or retail sale of manufactured homes.
R.
Separate Entity
: Means
		  each individual location of a manufacturing plant or each individual retail
		  location.
S.
Site
:
		  Means actual location of the manufactured home upon a plot of ground.
T.
Standards
: Means the
		  National Manufactured Housing Construction and Safety Standards.
U.
Statement of Compliance
:
		  Means the manufacturer or retailer certified and the
installer licensed by the Arkansas Manufactured Home Commission
			 will comply with Act 419 of 1977 as amended, the Arkansas Manufactured Home
			 Commission's rules and regulations, the National Manufactured Housing
			 Construction and Safety Standards Act of 1974 and the DAPIA Manual approved by
			 HUD.
V.
Suspension
: Means to cease or stop temporarily the right to
		  manufacture, sell, or install manufactured homes within the State of Arkansas.