Louisiana Administrative Code › Title 55 - PUBLIC SAFETY › Part V - Fire Protection › Chapter 5 - Manufactured and Modular Housing › Subchapter A - General Requirements › Section V-501 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. In the
				  regulations which follow, unless contract otherwise requires.
Act
- the National Manufactured Home
					 Construction and Safety Standards Act of 1974, as amended, the Housing and
					 Community Development Act of 1974 ( 42 U.S.C. 01  et seq.).
Add-On
-any structure (except a structure
					 designed or produced as an integral part of a manufactured or modular home)
					 which, when attached to the basic home unit, increases the area, either living
					 or storage, of the manufactured home.
Alteration
-the replacement, addition,
					 modification or removal of any equipment or installation after sale by a
					 manufacturer to a retailer, dealer or distributor but prior to sale by a
					 retailer to a purchaser which may affect the construction, fire safety,
					 occupancy, plumbing, heat producing, or electrical system. It includes any
					 modification made in the home which may affect the compliance of the home with
					 the standards, but it does not include the repair or replacement of a component
					 or appliance requiring connection to an electrical receptacle, where the
					 replacement item is of the same configuration and ratings as the one being
					 replaced. It also does not include an addition of an appliance requiring
					 plug-in to an electrical receptacle, which appliance was not provided with the
					 home by the manufacturer, if the rating of the appliance does not exceed the
					 rating of the receptacle to which it is connected.
Certification Label
- see
Label
.
Certification Report
- the report prepared
					 by the IPIA (see §501 A
Primary Inspection Agency
.b) for
					 each manufactured home manufacturing plant under  24 CFR Section 3282-362(b)(2)
					  in which the IPIA provides a complete description of the initial comprehensive
					 inspection of the plant; an evaluation of the quality assurance program under
					 the approved quality assurance manual; and the identity of the DAPIA (See
					 §501 A
Primary Inspection Agency
.a) which approved the
					 designs and quality assurance manual used in the plant. Where appropriate under
					  24 CFR Section 3282-362(b)(5), the certification report may be made by a
					 DAPIA.
Component
-any part, material or appliance
					 which is built in as an integral part of the manufactured or modular home
					 during the manufacturing process.
Cost Information
- information submitted by
					 a manufacturer under Section 607 of the Act with respect to alleged cost
					 increases resulting from action by the secretary, in such form as to permit the
					 public and the secretary to make an informed judgment on the validity of the
					 manufacturer's statements. Such terms include both the manufacturer's cost and
					 the cost to retail purchasers.
Date of Manufacture
- the date on which the
					 label required by  24 CFR Section 3282-205(c)  is affixed to the home.
Dealer
-any person engaged in the sale,
					 leasing, or distribution of new manufactured or modular homes primarily to
					 persons who in good faith purchase or lease home for purposes other than
					 resale.
Defect
- a failure to comply with an
					 applicable federal manufactured housing safety and construction standard that
					 renders the home or any part or component thereof not fit for the ordinary use
					 for which it was intended, but does not result in an unreasonable risk of
					 injury or death to occupants of the affected manufactured home. See related
					 definitions of
imminent safety hazard
,
noncompliance
, and
serious defect
.
Design
- drawings, specifications, sketches
					 and the related engineering calculations, test and data in support of the
					 configurations, structures and systems to be incorporated in homes manufactured
					 in a plant.
Developer
-any person, group of persons,
					 firm, partnership, corporation, association, company, or legal entity who sells
					 or offers for sale to the public a lot together with a manufactured home
					 permanently installed and fixed on a foundation on the lot and designed as a
					 single family residence. Developer shall include "contractors" and "residential
					 contractors" as defined in
					 R.S.
					 37:2157. Developer shall not include an
					 individual selling his personal residence, or a real estate broker or real
					 estate salesman retained by a person to sell a manufactured home together with
					 a lot which the manufactured home has been installed and fixed on a
					 foundation.
Director
- the director of the United
					 States Office of Manufactured Housing and Construction Standards.
Distributor
- any person engaged in the
					 sale and distribution of manufactured housing for resale.
Distributor
-any person engaged in the sale
					 and distribution of manufactured or modular housing for resale.
Failure to Conform
- an imminent safety
					 hazard related to the standards, a serious defect, or noncompliance and is used
					 as a substitute for any of those terms.
HUD
- the United States Department of
					 Housing and Urban Development.
Imminent Safety Hazard
- a hazard that
					 presents an imminent and unreasonable risk of death or severe personal injury
					 that may or may not be related to failure to comply with an applicable federal
					 manufactured housing construction or safety standard. See related definitions
					 of
Defect
,
Noncompliance
, and
Serious
					 Defect
.
Joint Monitoring Team
- a monitoring
					 inspection team composed of personnel provided by the various state
					 administrative agencies, or its contract agent, operating under a contract with
					 HUD for the purpose of monitoring or otherwise aiding in the enforcement of the
					 federal standards.
Label
or
Certification
					 Label
- the approved form of certification by the manufacturer that,
					 under  24 CFR Section 3282-362(c)(2)(i), is permanently affixed to each
					 transportable section of each home manufactured for sale to a purchaser in the
					 United States.
Manufactured Home
-a new or used structure,
					 transportable in one or more sections, which is 8 body feet or more in width or
					 40 body feet or more in length or, when erected on site, is 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 and air conditioning, and
					 electrical systems contained therein. For purposes of LAC 55:V.Chapter 5, the
					 terms "
manufactured home"
and "
manufactured
					 housing"
may be used interchangeably and apply only to structures
					 bearing the permanently affixed seal of the U.S. Department of Housing and
					 Urban Development.
Manufactured Housing
-Repealed.
Manufactured Housing Construction
- all
					 activities relating to the assembly and manufacture of a manufactured home,
					 including, but not limited to, those relating to durability, quality, and
					 safety.
Manufactured Housing Safety
- the
					 performance of a manufactured home in such a manner that the public is
					 protected against unreasonable risk of the occurrence of accidents due to the
					 design or construction of such home, or any unreasonable risk of death or
					 injury to the user or to the public if such accidents do occur.
Modular
Home-a factory-built, residential
					 dwelling unit built to the
International Residential Code
as
					 adopted by the Louisiana State Uniform Construction Code Council.
Manufacturer
-any person engaged in
					 manufacturing or assembling manufactured or modular housing, including any
					 person engaged in importing homes for resale.
Noncompliance
- a failure of a home to
					 comply with a federal manufactured housing construction or safety standard that
					 does not constitute a defect, serious defect, or imminent safety hazard. (See
					 related definition of
Defect
,
Imminent Safety
					 Hazard
, and
Serious Defect
.)
Owner
- any person purchasing a home from
					 any other person after the first purchase of the home, in good faith, for
					 purposes other than resale.
Primary Inspection Agency (PIA)
- a
					 state/or private organization that has been accepted by the secretary in
					 accordance with the requirements of Subpart H of the Manufactured Homes and
					 Procedural Regulation. There are two types of PIAs.
a. Design Approval PIA (DAPIA), which evaluates and
					 approves or disapproves manufactured home designs and quality control
					 procedures; and
b. Production Inspection PIA (IPIA), which evaluates the
					 ability of manufactured home manufacturing plants to follow approved quality
					 control procedures and provides ongoing surveillance of the manufacturing
					 process. Organizations may act as one or both of these types.
Purchaser
-the first person purchasing a
					 manufactured or modular home in good faith for purposes other than
					 resale.
Quality Assurance Manual
- a manual,
					 prepared by each manufacturer for its manufacturing plants and approved by a
					 DAPIA which contains: a statement of the manufacturer's quality assurance
					 program; a chart of the organization showing, by position, all personnel
					 accountable for quality assurance; a list of tests and test equipment required;
					 a station-by-station description of the manufacturing process; a list of
					 inspections required at each station; and a list by title of personnel in the
					 manufacturer's organization to be held responsible for each inspection. Where
					 necessary, the quality assurance manual used in a particular plant shall
					 contain information specific to that plant.
Red Tag
- to affix a notice to a home which
					 has been found to contain an imminent safety hazard or a failure to conform
					 with any applicable standard. A
red tag
is the notice so
					 affixed to the manufactured home.
Retailer
-any person who is engaged wholly
					 or in part in the business of buying, selling, distributing, brokering, or
					 exchanging an interest in a manufactured or modular home with the intent to
					 make a profit, monetary gain, or anything of economic value. Any person who
					 buys, sells, distributes, brokers, or exchanges an interest in more than one
					 such manufactured or modular home in any twelve-month period shall be presumed
					 to be a retailer.
Salesman-any person employed by a Louisiana licensed
					 retailer or developer for purposes of selling manufactured or modular housing
					 to the public.
Secretary
- the Secretary of the United
					 States Department of Housing and Urban Development.
Secretary's Agent
- a party operating as an
					 independent contractor under a contract with HUD.
Serious Defect
- any failure to comply with
					 an applicable federal manufactured housing construction and safety standard
					 that renders the home or any part thereof not fit for the ordinary use for
					 which it was intended and which results in an unreasonable risk of injury or
					 death to occupants of the affected home.
Standards
- the federal manufactured
					 housing construction and safety standards promulgated under Section 604 of the
					 Act,
					 42 U.S.C.
					 5403, Part 3280, of these regulations.
State
- includes each of the several
					 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the
					 Virgin Islands, the Canal Zone, and American Samoa.
State Administrative Agency (SAA)
- an
					 agency of a state which has been approved or conditionally approved to carry
					 out the state plan for enforcement of the standards pursuant to Section 623 of
					 the Act,
					 42 U.S.C. 5422,
					 and Subpart G of the Federal Manufactured Homes Procedural and Enforcement
					 Regulations.
State Plan Application
- the application of
					 a state organization which is submitted to the secretary for approval as a
					 state administrative agency under Subpart G of the Federal Manufactured Homes
					 Procedural and Enforcement Regulation.
System
- a set or arrangement of materials
					 or components related or connected as to form an operating entity, e.g.,
					 heating, ventilating and air-conditioning systems, and evaporative
					 coolers.
Title I
- Title I of the National Housing
					 Act, 12 U.S.C. 1701, which
					 authorizes HUD to insure loans made for the purchase of manufactured homes that
					 are certified as meeting HUD requirements for dwelling quality and
					 safety.
Transporter
-an individual who transports a
					 manufactured or modular home to a site of installation but does not perform any
					 blocking or anchoring of the home, except a transporter is allowed to put
					 blocks under the hitch on the tongue of the frame.
United States District Courts
- the federal
					 district courts of the United States and the United States courts of the
					 Commonwealth of Puerto Rico, Guam, the Virgin Islands, the Canal Zone, and
					 American Samoa.
AUTHORITY
					 NOTE: Promulgated in accordance with
					 R.S.
					 40:1651(B).