Virginia Administrative Code › Title 13 - HOUSING › Agency 5 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Chapter 95 - VIRGINIA MANUFACTURED HOME SAFETY REGULATIONS › Section 13VAC5-95-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
A. The following
				words and terms when used in this chapter shall have the following meanings
				unless the context clearly indicates otherwise:
"Administrator" means the Director of DHCD or his
				  designee.
"Certificate of installation" means the certificate provided
				  by the Virginia Department of Professional and Occupational Regulation licensed
				  installer, under the Virginia Manufactured Home Safety Regulations, indicating
				  that a manufactured home has been installed in compliance with the federal
				  installation standards.
"DHCD" means the Virginia Department of Housing and Community
				  Development.
"Dealer" means any person engaged in the sale, lease, or
				  distribution of manufactured homes primarily to persons who in good faith
				  purchase or lease a manufactured home for purposes other than resale.
"Defect" means a failure to comply with an applicable federal
				  manufactured home construction and safety standard that renders the
				  manufactured home or any part of the home unfit for the ordinary use of which
				  it was intended, but does not result in an imminent risk of death or severe
				  personal injury to occupants of the affected home.
"Distributor" means any person engaged in the sale and
				  distribution of manufactured homes for resale.
"Federal Act" means the National Manufactured Housing
				  Construction and Safety Standards Act of 1974, as amended (
				  42 USC §
											5401 et seq.).
"Federal installation standards" means the federal Model
				  Manufactured Home Installation Standards (24 CFR Part 3285).
"Federal regulations" means the federal Manufactured Home
				  Procedural and Enforcement Regulations (24 CFR Part 3282).
"HUD" means the United States Department of Housing and Urban
				  Development.
"Imminent safety hazard" means 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
				  home construction or safety standard.
"Installation" means completion of work to include, but not
				  be limited to, stabilizing, supporting, anchoring, and closing up a
				  manufactured home and joining sections of a multi-section manufactured home,
				  when any such work is governed by the federal installation standards.
"Installer" means the person or entity, licensed through the
				  Virginia Department of Professional and Occupational Regulation, with the
				  Manufactured Home Contractor (MHC) license designation, who is retained to
				  engage in or who engages in the business of directing, supervising,
				  controlling, or correcting the installation of a manufactured home.
"Label," "certification label," or "HUD label" means the
				  certification label prescribed by the federal standards.
"Local building official" means the officer or other
				  designated authority charged with the administration and enforcement of USBC,
				  or duly authorized representative.
"Manufactured home" means a structure subject to federal
				  regulation, which is transportable in one or more sections; is eight body feet
				  or more in width and 40 body feet or more in length in the traveling mode, or
				  is 320 or more square feet when erected on site; is built on a permanent
				  chassis; is designed to be used as a single-family dwelling, with or without a
				  permanent foundation, when connected to the required utilities; and includes
				  the plumbing, heating, air conditioning, and electrical systems contained in
				  the structure.
"Manufacturer" means any person engaged in manufacturing or
				  assembling manufactured homes, including any person engaged in importing
				  manufactured homes.
"Noncompliance" means a failure of a manufactured home to
				  comply with a federal manufactured home construction or safety standard that
				  does not constitute a defect, serious defect, or imminent safety hazard.
"Purchaser" means the first person purchasing a manufactured
				  home in good faith for purposes other than resale.
"Secretary" means the Secretary of HUD.
"Serious defect" means any failure to comply with an
				  applicable federal manufactured home construction and safety standard that
				  renders the manufactured 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 manufactured home.
"Standards" or "federal standards" means the federal
				  Manufactured Home Construction and Safety Standards (24 CFR Part 3280) adopted
				  by HUD, in accordance with authority in the Federal Act. The standards were
				  enacted December 18, 1975, and amended May 11, 1976, to become effective June
				  15, 1976.
"State administrative agency" or "SAA" means DHCD, which is
				  responsible for the administration and enforcement of Chapter 4.1 (§
										36-85.2 et
				  seq.) of Title 36 of the Code of Virginia throughout Virginia and of the plan
				  authorized by §
										36-85.5 of
				  the Code of Virginia.
"USBC" means the Virginia Uniform Statewide Building Code
				  (13VAC5-63).
B. Terms
				defined within the federal regulations and federal standards shall have the
				same meanings in this chapter.
Statutory Authority: §
											36-85.7
					 of the Code of Virginia.