Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Construction Codes › Manufactured Housing › Part 1 - GENERAL PROVISIONS › Section R. 125.1101 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 101.
(1) As
				  used in these rules:
(a) "Accessory" means
				  anything which is joined to a home, which renders it more complete, which
				  accompanies it, which is connected to it, or which performs a function incident
				  to the safety or convenience, or both, of the occupant, such as an attached or
				  detached carport or garage, steps, or decks.
An accessory shall be constructed pursuant to the standards
					 set forth in the provisions of
					 R
					 408.30101 to
					 R
					 408.30121 of the Michigan Administrative Code.
(b) "Act" means 1987 PA 96, MCL
				  125.2301 to 125.2350 and known as the mobile home commission act.
(c) "Advertising" means the publication of,
				  or causing to be published, by any means of communication, all material that is
				  prepared for public distribution and consumption, including any sign used by a
				  licensee. A licensee shall use the name under which it's doing business in all
				  advertisements. The term does not include applications for licensing or
				  stockholder communications, such as any of the following:
(i) Annual reports.
(ii) Interim financial reports.
(iii) Proxy materials.
(iv) Registration statements.
(v) Securities.
(vi) Business or financial
				  prospectuses.
(d)
				  "Certificate of manufactured home ownership" means a document which is issued
				  by the department or its authorized representative and which establishes lawful
				  transfer and ownership of a home.
(e) "Closing" means the procedure in which
				  final documents are executed.
(f)
				  "Commission" means the manufactured housing commission.
(g) "Common sidewalk" means a sidewalk in a
				  community that is intended for the common use of all residents in the
				  community.
(h) "Community" means
				  both a "mobile home park" and a "seasonal mobile home park" as defined in the
				  act.
(i) "Consumer" means a retail
				  purchaser.
(j) "Consumer deposit"
				  means all payments of cash or by personal check, money order, certified or
				  cashier's check, credit card or similar instrument, or other collateral or
				  security paid to a retailer prior to closing by the consumer for the right to
				  purchase a home subject to return upon cancellation of the purchase
				  agreement.
(k) "Department" means
				  the Michigan department of labor & economic growth.
(l) "Director" means the director of the
				  Michigan department of labor & economic growth.
(m) "Final documents" include termination
				  statements, or releases of lien, purchase agreements, installment loan
				  contracts, manufacturer's invoices, closing statements, shipping records,
				  delivery receipts, and escrow disbursement documents.
(n) "Home" has the same meaning as
				  "manufactured home," which has the same meaning as "mobile home" as defined in
				  the act. A new home is a home for which a certificate of manufactured home
				  ownership should have been issued under the act.
(o) "Homeowner" means the person or persons
				  listed on the certificate of manufactured home ownership and on the security
				  agreement, if one exists, for the home.
(p) "Home site" means the entire area that is
				  designated to be used for a specific home.
(q) "Individual sidewalk" means a private
				  sidewalk which extends from the common sidewalk, driveway, or internal road to
				  the home site and which is intended for the use of the home site
				  resident.
(r) "Installer and
				  servicer" has the same meaning as "installer and repairer" as defined in the
				  act.
(s) "Internal road" means a
				  road which is contained within the boundaries of a community and which is under
				  the care, custody, and control of the community.
(t) "Location" means a staffed sales office
				  that lists or sells, or lists and sells, new or pre-owned homes.
(u) "Manufactured housing commission" has the
				  same meaning as "commission" as defined in the act.
(v) "Operator" means an individual 18 years
				  of age or older who is an officer of a corporation, a manager or member, if
				  member managed, of a limited liability company, a general partner, a copartner,
				  or a sole proprietor.
(w) "Optional
				  improvement" means an amenity in new community construction or existing
				  licensed community expansion that is not required under the community
				  construction rules contained in these rules.
(x) "Payments" does not include payments
				  collected by a retailer on behalf of either a lender, in order for financing to
				  be approved, or a state or local governmental agency, in order to apply for
				  permits, and forwarded by the retailer to the lender or governmental
				  agency.
(y) "Permanent foundation"
				  means a base upon which a home is placed that is not subject to excessive
				  movement caused by changes in weather or home weight distribution.
(z) "Purchase agreement," for the purpose of
				  records maintained under these rules, means an express written agreement in
				  which a person agrees to buy, and another person agrees to sell, a home and
				  includes specific home identification information, which shall include all of
				  the following information:
(i) Year of
				  manufacture or year on previous certificate of manufactured home
				  ownership.
(ii) Serial number if
				  available.
(iii) Name of
				  manufacturer.
(iv) Model name or
				  number.
(v) The agreed to price of
				  the home.
(vi) Each buyer-selected
				  option and accessory.
(vii) Other
				  costs to the buyer, such as taxes and certificate of manufactured home
				  ownership fees.
(aa)
				  "Purchaser" means a retail purchaser.
(bb) "Retailer" has the same meaning as
				  "mobile home dealer" as defined in the act. A community that rents or leases
				  homes within the community is not required to be licensed as a retailer, but
				  shall comply with the retailer business practices rules. A lender that only
				  sells homes it has repossessed is not required to be licensed as a retailer. A
				  community that only sells homes that have been abandoned or for which a title
				  has been transferred without consideration or in lieu of rent owed is not
				  required to be licensed as a retailer.
(cc) "Rubbish" means not putrescible solid
				  wastes, except ashes, consisting of either combustible or noncombustible
				  wastes, such as paper, cardboard, metal containers, yard clippings, wood,
				  glass, bedding, crockery, demolished building materials, or litter of any kind
				  that may be a detriment to the public health and safety.
(dd) "Seasonal community" has the same
				  meaning as "seasonal mobile home park" as defined in the act.
(ee) "Successor" means a person who obtains
				  all of the assets and liabilities of a former owner.
(ff) "Terminate" means ceasing activities
				  authorized under the terms and powers of a license specified in the
				  act.
(gg) "Year of manufacture"
				  means the calendar year in which a home is manufactured.