Virginia Administrative Code › Title 13 - HOUSING › Agency 6 - VIRGINIA MANUFACTURED HOUSING BOARD › Chapter 20 - MANUFACTURED HOUSING LICENSING AND TRANSACTION RECOVERY FUND REGULATIONS › Part I - General › Section 13VAC6-20-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms when used in this chapter
					 shall have the following meanings unless the context clearly indicates
					 otherwise.
"Board" means the Virginia Manufactured Housing
					 Board.
"Buyer" means the person who purchases at retail from a
					 dealer or manufacturer a manufactured home for personal use as a residence or
					 other related use.
"Claimant" means any person who has filed a verified claim
					 under Chapter 4.2 (§
										36-85.16
					 et seq.) of Title 36 of the Code of Virginia.
"Code" means the appropriate standards of the Virginia
					 Uniform Statewide Building Code (13VAC5-63) and the Manufactured Home Safety
					 Regulations (13VAC5-95) adopted by the Board of Housing and Community
					 Development and administered by the Department of Housing and Community
					 Development pursuant to the National Manufactured Housing Construction and
					 Safety Standards Act of 1974 (
					 42 USC §
											5401 et seq.) for manufactured homes.
"Controlling financial interest" means the direct or
					 indirect ownership or control of a firm.
"Date of delivery" means the date on which all terms or
					 conditions of the sales contract agreed to or required of the regulant have
					 been completed.
"Dealer/manufacturer sales agreement" means a written
					 contract or agreement between a manufactured housing manufacturer and a
					 manufactured housing dealer whereby the dealer is granted the right to engage
					 in the business of offering, selling, and servicing new manufactured homes of a
					 particular line or make of the stated manufacturer of such line or make. The
					 term shall include any severable part of such sales agreement which separately
					 provides for selling or servicing different lines or makes of the
					 manufacturer.
"Defect" means any deficiency in or damage to materials or
					 workmanship occurring in a manufactured home which has been reasonably
					 maintained and cared for in normal use. The term also means any failure of any
					 structural element, utility system or the inclusion of a component part of the
					 manufactured home which fails to comply with the Code.
"Department" means the Department of Housing and Community
					 Development.
"Director" means the Director of the Department of Housing
					 and Community Development, or the director's designee.
"Fund" or "recovery fund" means the Virginia Manufactured
					 Housing Transaction Recovery Fund.
"HUD" means the U.S. 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.
"Licensed" means the regulant has met all applicable
					 requirements of this chapter, paid all required fees, and been authorized by
					 the board to manufacture or offer for sale or sell manufactured homes in
					 accordance with this chapter.
"Manufactured home" means a structure constructed to
					 federal standards, transportable in one or more sections, which, in the
					 traveling mode is eight feet or more in width and is 40 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, air conditioning, and electrical systems contained
					 therein.
"Manufactured home broker" or "broker" means any person,
					 partnership, association or corporation, resident or nonresident, who, for
					 compensation or valuable consideration, sells or offers for sale, buys or
					 offers to buy, negotiates the purchase or sale or exchange, or leases or offers
					 to lease used manufactured homes that are owned by a party other than the
					 broker.
"Manufactured home dealer" or "dealer" means any person
					 engaged in the business of buying, selling, or dealing in manufactured homes or
					 offering or displaying manufactured homes for sale in Virginia. Any person who
					 buys, sells, or deals in three or more manufactured homes in any 12-month
					 period shall be presumed to be a manufactured home dealer. The terms "selling"
					 and "sale" include lease-purchase transactions. The term "manufactured home
					 dealer" does not include banks and finance companies that acquire manufactured
					 homes as an incident to their regular business.
"Manufactured home manufacturer" or "manufacturer" means
					 any persons, resident or nonresident, who manufacture or assemble manufactured
					 homes for sale in Virginia.
"Manufactured home salesperson" or "salesperson" means any
					 person who for compensation or valuable consideration is employed either
					 directly or indirectly by, or affiliated as an independent contractor with, a
					 manufactured home dealer to sell or offer to sell; or to buy or offer to buy;
					 or to negotiate the purchase, sale or exchange; or to lease or offer to lease
					 new or used manufactured homes.
"New manufactured home" means any manufactured home that
					 (i) has not been previously sold except in good faith for the purpose of
					 resale, (ii) has not been previously occupied as a place of habitation, (iii)
					 has not been previously used for commercial purposes such as offices or
					 storage, and (iv) has not been titled by the Virginia Department of Motor
					 Vehicles and is still in the possession of the original dealer. If the home is
					 later sold to another dealer and then sold to a consumer within two years of
					 the date of manufacture, the home is still considered new and must continue to
					 meet all state warranty requirements. However, if a home is sold from the
					 original dealer to another dealer and it is more than two years after the date
					 of manufacture, and it is then sold to a consumer, the home must be sold as
					 "used" for warranty purposes. Notice of the "used" status of the manufactured
					 home and how this status affects state warranty requirements must be provided,
					 in writing, to the consumer prior to the closing of the sale.
"Person" means any individual, natural person, firm,
					 partnership, association, corporation, legal representative, or other
					 recognized legal entity.
"Regulant" means any person, firm, corporation,
					 association, partnership, joint venture, or any other legal entity required by
					 Chapter 4.2 (§
										36-85.16
					 et seq.) of Title 36 of the Code of Virginia to be licensed by the
					 board.
"Regulations" or "these regulations" means this chapter,
					 the Virginia Manufactured Housing Licensing and Transaction Recovery Fund
					 Regulations.
"Reinstatement" means having a license restored to
					 effectiveness after the expiration date has passed or license has been revoked
					 or not renewed by the board.
"Relevant market area" means the geographical area
					 established in the dealer/manufacturer sales agreement and agreed to by both
					 the dealer and the manufacturer in the agreement.
"Renewal" means continuing the effectiveness of a license
					 for another period of time.
"Responsible management" means the following
					 individuals:
1.  The sole proprietor of a sole proprietorship;
2.  The partners of a general partnership;
3.  The managing partners of a limited partnership;
4.  The officers of a corporation;
5.  The managers of a limited liability company;
6.  The officers or directors of an association or both;
					 and
7.  Individuals in other business entities recognized under
					 the laws of the Commonwealth as having a fiduciary responsibility to the
					 firm.
"Responsible party" means a manufacturer, dealer, or
					 supplier of manufactured homes.
"Set-up" means the operations performed at the occupancy
					 site which render a manufactured home fit for habitation. Such operations
					 include, but are not limited to, transportation, positioning, blocking,
					 leveling, supporting, anchoring, connecting utility systems, making minor
					 adjustments, or assembling multiple or expandable units. Such operations do not
					 include lawful transportation services performed by public utilities operating
					 under certificates or permits issued by the State Corporation
					 Commission.
"Standards" means the Federal Manufactured Home
					 Construction and Safety Standards adopted by the U.S. Department of Housing and
					 Urban Development.
"Statement of Compliance" means the statement found on the
					 initial license application and on the renewal application that the regulant
					 licensed by the board will comply with the Manufactured Housing Licensing and
					 Transaction Recovery Fund Law, this chapter, and the orders of the
					 board.
"Substantial identity of interest" means
(i)  a controlling financial interest by the individual or
					 corporate principals of the manufactured home broker, dealer, or manufacturer
					 whose license has been revoked or not renewed for cause by the board or
(ii)  substantially identical principals or officers as the
					 manufactured home broker, dealer, or manufacturer whose license has been
					 revoked or not renewed for cause by the board.
"Supplier" means the original producers of completed
					 components, including refrigerators, stoves, water heaters, dishwashers,
					 cabinets, air conditioners, heating units, and similar components and materials
					 such as floor coverings, paneling, siding, trusses, and similar materials,
					 which are furnished to a manufacturer or a dealer for installation in the
					 manufactured home prior to sale to a buyer.
"Used manufactured home" means any manufactured home other
					 than a new home as defined in this section.
"Warranty" means any written assurance of the manufacturer,
					 dealer, or supplier or any promise made by a regulant in connection with the
					 sale of a manufactured home that becomes part of the basis of the sale. The
					 term "warranty" pertains to the obligations of the regulant in relation to
					 materials, workmanship, and fitness of a manufactured home for ordinary and
					 reasonable use of the home for the term of the promise or
					 assurance.
Statutory Authority: §
												36-85.18
						of the Code of Virginia.