Arkansas Administrative Code › Agency 066 - Arkansas Manufactured Home Commission › Division 01 - Department of Labor and Licensing › Rule 066.01.20-001 - Rules Including General Installation And Anchoring Specifications

Current through Register Vol. 49, No. 6, June, 2024
CHAPTER I.
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
				governing the construction and installation of manufactured homes manufactured,
				sold or offered for sale in the state of Arkansas.
The following rules 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 pertaining to the
				manufacture, sale, and installation of manufactured homes are hereby
				repealed.
CHAPTER II.
DEFINITIONS
The following terms are defined for the purpose of these rules.
				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 rules 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.
			 C
ertification
: Means the act of certifying or a state of being
			 certified.
E.
Commission
: Means the 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 rules 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 the 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, 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.