Definitions

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 anchorholding 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. AUTHORITY: sections 700.040 and 700.692, RSMo 2016.* This rule originally filed as 4 CSR 240-127.010. Original rule filed July 6, 2017, effective March 30, 2018. Moved to 20 CSR 4240-127.010, effective Aug. 28, 2019. *Original authority: 700.040, RSMo 1973, amended 1976, 1978, 1982, 1984, 1989, 1993, 1995, 1999 and 700.692, RSMo 2004.