Mississippi Administrative Code › Title 19 - Department of Insurance › Part 7 - State Fire Marshal › Chapter 3 - (Me -2007-3) Rules And Regulations For The Uniform Standards Code For The Factory Built Homes Law As Related To Modular Homes › Rule 19-7-3.01 - Promulgation and Purpose › Section 19-7-3.01.3 - Definitions

Current through June 25, 2024
For purposes of this Regulation, the terms hereinafter set
					 forth are defined as follows:
A.
				  "Approved construction inspection agency" means an approved inspection agency
				  which is responsible for performing the functions described in Rule 3.03.5
				  herein and has been approved by the Factory-Built Home Division of the State
				  Fire Marshal's Office of the Department of Insurance.
B. "Approved design review agency" means an
				  approved inspection agency which is responsible for performing the functions
				  described in Rule 3.03.5 herein and has been approved by the Factory-Built Home
				  Division of the State Fire Marshal's Office of the Department of
				  Insurance.
C. "Building system"
				  means plans, specifications, and documentation for a system or type of modular
				  building unit, or for the foundation, structural, electrical, mechanical,
				  plumbing, fire protection, or other system(s) thereof affecting health and
				  safety.
D. "Certification" means
				  written confirmation from a modular home manufacturer verifying that a Modular
				  Home Contractor or an Installer/Transporter is qualified to install and/or
				  transport his modular home as defined in Rule 3.01.3(X).
E. "State Chief Deputy Fire Marshal" means
				  the individual appointed by the Commissioner of Insurance, who, along with his
				  employees, is designated by the Commissioner to implement and enforce this
				  Regulation and to maintain, among other duties, the Factory-Built Home
				  Division.
F. "Closed construction"
				  means any modular building unit, component, assembly, or system manufactured in
				  such a manner that all concealed parts' processes of manufacturing cannot be
				  inspected before installation at the site without disassembly, damage, or
				  destruction.
G. "Commissioner"
				  means the Commissioner of Insurance of the State of Mississippi.
H. "Compliance assurance program" means the
				  system documentation and methods of assuring that modular building units and
				  their components, including the manufacturing, storage, transportation,
				  assembly, handling and installation thereof, conform to the Standards, as
				  defined in Rule 3.01.3(GG).
I.
				  "Component" means any assembly, sub-assembly, or combination of elements for
				  use as a part of a modular building unit, which may include the structural,
				  electrical, mechanical, plumbing, fire protection, or other system(s) thereof
				  affecting life safety.
J. "Damage"
				  means any impairment, alteration, or breakage occurring to a modular building
				  unit, or any part thereof, that causes it not to comply with the Standards, as
				  defined in Rule 3.01.3(GG).
K.
				  "Data plate" means the label requested and installed by independent third-party
				  inspection agencies, verifying compliance with construction standards approved
				  by the Factory-Built Home Division of the State Fire Marshal's Office of the
				  Department of Insurance.
L.
				  "Developer" means any person who buys factory-built homes and real estate and
				  then offers to sell or lease to the general public land-home "package deals"
				  consisting of a home with real estate. Upon renewal of a license, a developer
				  must provide documentation to the Department of Insurance that he or she has at
				  least five (5) available manufactured or modular home sites. A developer shall
				  be responsible for installation requirements for manufactured or modular
				  housing as set forth in this Regulation. The term "Developer" does not apply to
				  entities that meet the requirements of and are licensed as a "Modular home
				  contractor" as defined in Rule 3.01.3(Y).
M. "Division" means the Factory-Built Home
				  Division of the State Fire Marshal's Office.
N. "Endorsement" means the stamp affixed to a
				  privilege license indicating manufacturer certification as defined in Rule
				  3.01.3(D).
O. "Factory-Built home"
				  means a mobile home, a manufactured home, and a modular home as those terms are
				  defined herein.
P.
				  "Installer/transporter" - is any person engaged for hire as an independent
				  contractor in the movement of, transportation, or both, or the installation,
				  blocking, anchoring and tie-down of a Factory-Built home. An
				  "installer/transporter" shall not include persons who do not hold themselves
				  out for hire to the general public for the purposes described in this
				  definition. An installer/transporter shall be responsible for installation
				  requirements for manufactured, mobile or modular homes as set forth in Title
				  19, Part 7,Chapter 5, Rule
				  5.04
				  -5.06 of the rules and regulations for the Uniform Standards Code for
				  Factory-Built Home Law.
Q.
				  "International Residential Code for One and Two-Family Dwellings (IRC)" means
				  the International Residential Code, 2006 edition, published by the
				  International Code Council (ICC), 900 Montclair Road, Birmingham, Alabama
				  35213, as referenced in Article II. Standards herein.
R. "Licensee" means any manufacturer,
				  retailer, developer, modular home contractor or installer/transporter who
				  obtains a privilege license from the Factory-Built Home Division of the State
				  Fire Marshal's Office of the Department of Insurance. The licensee shall comply
				  with all laws of the State of Mississippi regarding factory-built
				  homes.
S. "Manufactured home" means
				  a structure defined by and constructed in accordance with the National
				  Manufactured Housing Construction and Safety Standards Act of 1974, as amended,
				  ( 42 U.S.C.S. 5401
et seq.
), and manufactured after June 14,
				  1976.
T. "Manufacturer" means any
				  person engaged in the production (construction) of modular or manufactured
				  homes.
U. "Mississippi Department
				  of Transportation (MDOT)" means the regulatory agency for transportation in the
				  State of Mississippi. All licensees (manufacturers, retailers, developers,
				  modular home contractors and installer/transporters) shall comply with the
				  requirements regarding transportation of factory built homes under the
				  jurisdiction of MDOT in the State of Mississippi.
V. "Mobile home" means a structure
				  manufactured before June 15, 1976, that is not constructed in accordance with
				  the National Manufactured Housing Construction and Safety Standards Act of
				  1974, as amended ( 42 U.S.C.S. 5401
et seq.
..). It is a
				  structure that is transportable in one or more sections, that, in the traveling
				  mode, is eight (8) body feet or more in width and thirty-two (32) body feet or
				  more in length, or when erected on site, is two hundred fifty-six (256) or more
				  square feet, and that is built on a permanent chassis and designed to be used
				  as a dwelling with or without a permanent foundation when connected to the
				  required utilities, and includes any plumbing, heating, air conditioning, and
				  electrical systems contained therein; except that such term shall include any
				  structure which meets all the requirements and with respect to which the
				  manufacturer voluntarily files a certification required by the Commissioner and
				  complies with the standards established under The Uniform Standards Code for
				  Factory-Built Homes Law,
Mississippi Code Ann.
, Section
				  75-49-1,
et seq
.
W. "Model"
				  means a specific design of modular building unit which is based upon size, room
				  arrangement, method of construction, location, arrangement or size of plumbing,
				  mechanical, or electrical equipment and systems therein in accordance with
				  plans and specifications submitted to an approved design review
				  agency.
X. "Modular home" means a
				  structure which is:
(i) transportable in one
				  or more sections;
(ii) designed to
				  be used as a dwelling when connected to the required utilities, and includes
				  plumbing, heating, air conditioning and electrical systems with the home; and
(iii) certified by its
				  manufacturers as being constructed in accordance with a nationally recognized
				  building code; and
(iv) designed to
				  be permanently installed at its final destination on an approved foundation
				  constructed in compliance with a nationally recognized building code. The term
				  "modular home" does not include manufactured housing as defined by the National
				  Manufactured Housing Construction and Safety Standards Act of
				  1974.