Arkansas Administrative Code › Agency 066 - Arkansas Manufactured Home Commission › Rule 066.00.16-002 - Rules & Regulations Including General Installation & Anchoring Specificaitons

Current through Register Vol. 49, No. 6, June, 2024
CHAPTER 1.
AUTHORITY
Act 419 of 1977 created the Arkansas Manufactured Home Commission
			 and setfortli 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			 repealed.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
		  fiome tliat renders the manufactured home or any part thereof not fit for the
		  ordinary use for which it was intended.
G.
Director.
IVIeans the
		  Director of the Arkansas IVIanufactured Home Commission.
H.
Federal Standards:
means
		  the National Manufactured Housing Construction and Safety Standards Act of
		  1974(
		  42 U.S.C. §§
									5401 etseq) 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-p!ant 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 tlie 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.