Missouri Code of State Regulations › Title 20 - DEPARTMENT OF COMMERCE AND INSURANCE › Division 4240 - Public Service Commission › Chapter 127 - Manufactured Homes and Modular Units › Section 20 CSR 4240-127.010 - Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The purpose of this rule is to combine all
				  definitions in Chapters 120 through 126.
(1) The following definitions apply to
				Chapter 120, Chapter 121, Chapter 123, Chapter 124, Chapter 125, and Chapter
				126:
(A) Advisory committee is the committee
				created to assist the commission with the evaluation of all claims filed by
				consumers;
(B) Agent means a person
				who has received the power to act on behalf of another or entity;
(C) Anchor means any device designed to
				transfer wind loads imposed on a manufactured home to the ground;
(D) Anchoring equipment means straps, seals,
				cables, and tensioning devices, which are used to secure a manufactured home to
				anchors;
(E) Anchoring standards
				means the manufactured home tie-down systems standards adopted by the
				commission under section
				700.076,
				RSMo;
(F) Anchoring system means a
				combination of ties, anchoring equipment, and anchors that will, when properly
				designed and installed, resist overturning and lateral movement of the
				manufactured home from wind forces;
(G) Approved insignia means a label or tag
				issued by authority of
				42 U.S.C.
				5414 under the Federal Manufactured Home
				Procedural and Enforcement Regulations or an insignia issued by a state with
				which this state has entered into a reciprocity agreement under section
				700.030,
				RSMo;
(H) Authorized representative
				means any person, firm or corporation, or employee thereof, approved or hired
				by the commission to perform inspection services;
(I) Authorized testing agency means a
				commission approved testing agency who certified the tie-down system
				test;
(J) Certification label or
				label means the approved form of certification that, under
				24 CFR
				section 3282.362(c)(2)(i),
				is permanently affixed to each transportable section of each manufactured home
				manufactured for sale in the United States;
(K) Certified new manufactured home means a
				new manufactured home to which a certification label has been
				affixed;
(L) Claim form is the form
				developed and provided by the commission and which is used for reimbursement
				from the Manufactured Housing Recovery Fund;
(M) Classified soil means soil that has been
				evaluated through the use of a standard soil torque probe or other approved
				method to determine anchor-holding capacity;
(N) Code means the standards relating to
				manufactured homes, or modular units as adopted by the commission. The
				commission, in its discretion, may incorporate, in whole or in part, the
				standards or codes promulgated by the International Code Council, in its
				entirety, the standards or codes promulgated by the American Standards
				Institute, the federal standards set forth in 24 CFR section 3280 of the
				Manufactured Home Construction and Safety Standards, and 24 CFR section 3282 of
				the Manufactured Home Procedural and Enforcement Regulations, and 24 CFR
				section 3285 of the Federal Manufactured Housing Installation Standards and any
				applicable standards promulgated by the United States Department of Housing and
				Urban Development or other recognized agencies or organizations;
(O) Commission is the Missouri Public Service
				Commission;
(P) Consumer is any
				individual who has purchased from a Missouri registered manufacturer or dealer
				any "home" as that term is defined in this rule;
(Q) Continuing education means that
				installers will be required to attend certification classes every three (3)
				years, or as otherwise required by the commission;
(R) Dealer is any person, other than a
				manufacturer, who sells or offers for sale four (4) or more used manufactured
				homes or one (1) or more new manufactured homes or modular units in any
				consecutive twelve- (12-) month period or as otherwise defined in section
				700.010,
				RSMo;
(S) Detailed plan means a
				detailed set of plans and specifications of each modular unit and manufacturer
				supplied component produced by a manufacturer;
(T) Educational program means a manufactured
				housing installation training program approved by the manager;
(U) Educational provider is any person or
				legal entity authorized by the commission to provide manufactured housing
				installation training, instruction, and certification pursuant to a training
				program approved by the commission;
(V) HUD means the United States Department of
				Housing and Urban Development;
(W)
				HUD regulations means the rules promulgated by the secretary of HUD under
				Section 625 of
				42 U.S.C.
				5424;
(X) Installation is any work undertaken at
				the place of occupancy of a manufactured home to ensure the proper initial
				setup of the home, which shall include the joining of all sections of the home,
				installation of stabilization, support, and leveling systems, assembly of
				multiple or expanded units, and installation of applicable utility hookups and
				anchoring systems that render the home fit for habitation;
(Y) Installation decals are decals issued by
				the manufactured housing and modular units program to be attached to each new
				manufactured home installed or set up by a licensed installer;
(Z) Installed means the arrangement and
				assembly at the occupancy site of all portions of an anchoring system, in
				accordance with the manufacturer's design, that renders the anchoring system
				fit for its intended use;
(AA)
				Installer is an individual who is licensed by the manufactured housing and
				modular units program to install manufactured homes, pursuant to sections
				700.650 to
				700.680,
				RSMo;
(BB) Installer license is a
				manufactured housing installer license or license renewal issued by the
				manufactured housing and modular units program, issued for a one- (1-) year
				period;
(CC) License renewal is the
				renewal of manufactured housing installer licenses due annually by July
				1;
(DD) Limited use installer
				license is a manufactured housing limited use installer license issued by the
				commission which is valid for a period of one hundred eighty (180) days and is
				limited to one (1) renewal;
(EE)
				Manager means the manager of the manufactured housing and modular units program
				of the Public Service Commission and persons working under his or her
				supervision;
(FF) Manufactured home
				as defined by section
				700.010, RSMo means a
				structure, transportable in one (1) or more sections, which, in the traveling
				mode, is eight (8) body feet or more in width or forty (40) body feet or more
				in length, or, when erected on-site, is three hundred twenty (320) or more
				square feet, and which 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 the plumbing, heating, air-conditioning, and
				electrical systems contained therein. The term includes any structure that
				meets all of the requirements of this subsection except the size requirements
				and with respect to which the manufacturer voluntarily files a certification
				required by the United States Secretary of Housing and Urban Development and
				complies with the standards established under Title 42 of the United States
				Code. The term includes units which are in two (2) or more separately towable
				components designed to be joined into one (1) integral unit capable of being
				again separated into the components and also includes two (2) manufactured home
				units joined into a single residential or business unit which are kept on a
				separate chassis for repeated towing. Manufactured home shall not include a
				recreational vehicle;
(GG)
				Manufactured housing and modular units program means the unit within the
				commission authorized to carry out certain duties of the commission as they
				relate to manufactured homes and modular units;
(HH) Manufactured Housing Consumer Recovery
				Fund or Recovery Fund means the fund established for the purpose of paying
				unsatisfied claims as approved by the commission under the procedures
				established by this chapter, administered by the commission, and used solely as
				prescribed in this chapter and pursuant to section
				700.041,
				RSMo;
(II) Manufacturer is any
				person or entity who manufactures manufactured homes, or modular units,
				including persons who engage in importing manufactured homes, or modular units
				for resale;
(JJ) Manufacturer's
				installation manual shall be the installation manual and any changes or
				addendums as provided by the home manufacturer for the installation of
				manufactured home, modular unit, tie-down system, or any component part,
				including, but not limited to, the supporting, fastening, bolting of the
				floors, roof section(s), end walls, fastening down to foundation, electrical
				connections, water crossovers, and any other such operation that will be needed
				to properly set up a manufactured home or modular unit;
(KK) Manufacturing program is an organization
				capable of manufacturing modular units which is comprised of at least a quality
				control manual and detailed plans for each type of modular unit to be
				manufactured under a program approved in writing by the manager as conforming
				to the requirements of this chapter, the code, and Chapter 700, RSMo as it
				relates to modular units;
(LL)
				Modular unit means a factory fabricated transportable building section designed
				to be used by itself or to be incorporated with other sections at a building
				site into single modular structures to be used for residential, commercial,
				educational, or industrial purposes. For purposes of this chapter, modular unit
				only means a unit(s) making up a completed modular structure. Separate modular
				sections are not modular units until assembled into a single modular unit. A
				manufactured modular unit may be moved as more than one (1) unit, but shall not
				consist of panels, nor individual pieces to be assembled on the permanent
				foundation or be more than those necessary pieces needed to complete final
				setup. This definition shall not apply to structures under six hundred fifty
				(650) square feet used temporarily and exclusively for construction site office
				purposes;
(MM) Notice of completion
				is a notice issued by the manager to a manufacturer, installer, or dealer, or
				each responsible entity, that the inspectors have completed setup inspections.
				A notice of completion shall not preclude inspections conducted pursuant to a
				consumer complaint;
(NN) Person is
				an individual, partnership, corporation, or other legal entity;
(OO) Pre-owned manufactured home means a
				manufactured home that has been sold at retail or rented, leased, or occupied
				either as a dwelling or a place of business;
(PP) Primary installer means an installer who
				is responsible for the initial installation of the home to include ensuring the
				home site is properly prepared, ensuring the foundation and/or piers meet the
				applicable standards before setting the home on the site, and placing the
				installation decal and sign-off portion of the decal on the home;
(QQ) Purchase agreement or bill of sale means
				a writing reflecting the terms of transfer of property between a dealer and the
				purchaser;
(RR) Registration means
				the application submitted to the manufactured housing and modular units program
				and payment of the registration and renewal fee as established in section
				700.095,
				RSMo;
(SS) State administrative
				agency means an agency of a state which has been approved or conditionally
				approved to carry out a state plan for enforcement of the federal standards
				under Section 623 of the Act (
				42 U.S.C. 5422
				);
(TT) State plan means the
				procedure by which a state administrative agency proposes to cooperate with the
				secretary of HUD in the administration and enforcement of the federal
				standards;
(UU) State plan
				application means the application of a state agency to be approved by the
				secretary of HUD as a state administrative agency;
(VV) Tie means straps, cable, or securing
				devices used to connect the manufactured home to the anchor;
(WW) Unclassified soil means soils that have
				not been evaluated to determine anchor-holding capacity; and
(XX) Unsatisfied claim is any claim for the
				actual cost of damages or repairs arising from a violation of Chapter 700,
				RSMo, the commission's rules, or the standards in 24 CFR sections 3280 and
				3282, and which a consumer has not been able to recover.