Definitions

Definitions For the purpose of this Regulation, the following terms are defined as follows, unless the context clearly indicates otherwise: 1. “ANSI” - the American National Standards Institute or its successor. 2. “Affidavit of Homeowner Statement” – a certified document signed and notarized by the owner of the building declaring the Factory-Built home shall not to be used for full time residential use but may include acceptable uses such as hunting and fishing camps, storage buildings, office spaces or any other non-residential use. 3. “Certificate of Inspection Form”- is a form issued by the Factory-Built Home Division of the State Fire Marshal’s Office that contains the certificates of inspection submitted by any retailer, developer and installer/transporter who is engaged in the sale, transport and/or set-up (installation, blocking, anchoring and tie down straps) of a Factory-Built home intended for human habitation, to the Division within 72 hours (3 days) of the completion of the installation of a home at the home site. 4. “Chief Deputy State Fire Marshal” - is the individual appointed by the Commissioner of Insurance, who, along with his employees, is designated by the Commissioner to implement and enforce this chapter and to maintain, among other duties, the Factory- Built Home Division of the Insurance Department. 5. “Commissioner” - is the Commissioner of Insurance of the State of Mississippi. 6. “DAPIA” - (Design Approval Primary Inspection Agency) is a state or private organization that has been accepted by the Secretary of Housing and Urban Development to evaluate and approve or disapprove Factory-Built home designs and quality control procedures. 7. “ Developer” – for the purposes of this Regulation, means any person who buys Factory- Built homes and real estate and then offers to sell or lease to the general public a land-home “package deal” consisting of the Factory-Built home along with the real estate. Upon renewal of a license, a developer must provide documentation to the Department of Insurance that he or she has at least five (5) available Factory-Built home sites. A developer shall be responsible for installation requirements for Factory-Built homes as set forth in Rule 5.04 – 5.06 of this Regulation. This definition of developer is interpreted to exclude the following: a). Factory-built home parks and park owners having Factory-Built homes, on individual lots in the park, owned by the park or park owners and available for rent or lease; b). An individual selling his personal Factory-Built home residence (one that the individual is currently living in or has previously lived in) and the real estate upon which the home is permanently installed and fixed, or has retained a real estate broker or real estate salesperson to sell the Factory-Built home and the real estate as a “package deal”; c). An individual owning a single plot or multiple plots of real estate having a Factory- Built Home installed on said real estate and offering the same for lease to the general public provided the lease is not a lease-purchase under a “package deal”. 8. “Diagonal Tie” - any tie down designed to resist horizontal sliding or shear forces, and which deviates not less than 30º (0.52 rad) from a vertical direction. 9. “Division” - is the Factory-Built Home Division of the State Fire Marshal's Office. 10. “Employee” - any person, including a minor whether lawfully or unlawfully employed, in the service of an employer under any contract of hire or apprenticeship, written or oral, express or implied, and is under the control of the employer, provided there shall be excluded there from all independent contractors. The control of the employer includes supervision of an employee's work, setting the employee's work schedule, and determining the method the employee uses to perform the specific work. 11. “Employer” - any person or entity who is retained to engage in, or who engages in, the business of directing, supervising, controlling or correcting the work conducted by persons retained as their employee. 12. “Fire Marshal’s Office” - the Division of the Department of Insurance that is responsible for the regulation of Factory-Built housing in the State of Mississippi, and includes the Commissioner of Insurance, the State Chief Deputy Fire Marshal, and Deputy State Fire Marshals. 13. “Foundational Designs”- designs by a licensed architect or engineer that sets forth the foundation’s requirements for the Factory-Built home. 14. “Factory-Built Home” - is a mobile home, manufactured home, and a modular home as those terms are defined in Miss. Code Ann. § 75-49-3 (Supp. 2015). 15. “General Liability Insurance” - is a form of insurance that indemnifies against liability on account of injury to the person or property of another. 16. “Ground Anchor” - any device at the Factory-Built home site designed for the purpose of securing a Factory-Built home to the ground. 17. “Proprietary Ground (Pan)-Type Foundation Stabilizing System” - any engineer designed alternative device used for windstorm and seismic protection of a Factory-Built home. 1 8 . “Homeowner” (Consumer) - is any person or firm who has purchased or is purchasing a Factory-Built home in good faith for purposes other than resale. 19. “Hook and Drop” - the delivery of any Factory-Built home to a residential site by a licensed installer/transporter with no intention of completing the anchoring and blocking of the unit which is to be used for human habitation. 20. “Human Habitation”- describes a place which will be occupied by humans but does not include places that will be inhabited only sporadically for use as a hunting or fishing camp. In these regulations, “human habitation” shall be presumed to be the intended purpose for any Factory-Built home manufactured under the guidelines of the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended (42 USCS 5401 et seq.), as well as the Manufactured Home Construction and Safety Standards contained in Title 24 Code of Federal Regulations, Part 3280, et seq. (HUD). This definition includes Factory-Built homes having one or more habitable rooms which are designed to be occupied by one family with facilities for living, sleeping, cooking and eating. Homes designed for human habitation shall be presumed to be intended for human habitation, unless properly certified otherwise pursuant to Rule 5.03.3-4 of these regulations. 21. “Hurricane Zone” - an area of Mississippi that has encountered sustained winds of 100 mph or more. Wind (Hurricane) Zone II areas for the State of Mississippi include the following counties: Hancock, Harrison, Jackson, George, Stone and Pearl River. 22. “Independent Contractor” - any person, firm or corporation who contracts to do a piece of work according to his own methods ,without being subject to the control of his employer, except as to the results of the work, and who has the right to employ and direct the outcome of the workers independent of the employer and free from any superior authority in the employer to say how the specified work shall be done or what the laborers shall do as the work progresses; one who undertakes to produce a given result without being in any way controlled as to the methods by which he attains the result. 23. “Installer/transporter” - is any person engaged for hire as an independent contractor in the movement of, transportation, or both, or the installation, blocking, anchoring and tie- down of a Factory-Built home. An independent contractor “installer/transporter” shall not include persons who do not hold themselves out for hire to the general public for the purposes described in this definition. An installer/transporter shall be responsible for installation requirements for Factory- Built homes as set forth in Rule 5.04 – 5.06 of this Regulation. The use of the term “installer/transporter” in these regulations is intended to be synonymous with the term “Independent contractor installer or transporter” as defined in Miss. Code § 75-49-3 (Supp. 2015). 24. “Inspection Decal” - is the decal issued and installed by a duly appointed representative (inspector) of the Factory-Built Home Division of the State Fire Marshal’s Office that is placed on all new and used Factory-Built homes at the time of a passed installation inspection by the State Fire Marshal inspector. The label is to be affixed near the HUD seal at the rear of the home or on the end of the home opposite the tongue end if no HUD seal is present. 25. “Inspector” - any person who is employed as a Deputy State Fire Marshal, or any person or entity designated and authorized by the State Fire Marshal’s Office pursuant to requirements set forth in Rule 5.02.4-6 of this Regulation who conducts Factory-Built home installation inspections. 26. “Installation” - completion of work performed to site, place, stabilize, support, anchor, and close-up a Factory-Built home, upon footings, piers or foundations and to join sections of a multi-section Factory-Built home sited in this State. 27. “Installation Instruction Manual” - DAPIA-approved instructions provided by the home manufacturer that accompany each new Factory-Built home and detail the home manufacturer requirements for support and anchoring systems and other work completed at the installation site to comply with the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended (42 USCS 5401 et seq.) and as amended by the Manufactured Housing Improvement Act of 2000. 28. “Licensee” - is any manufacturer, retailer, developer or installer/transporter who obtains a privilege license from the Factory-Built Home Division of the State Fire Marshal’s Office of the Mississippi Department of Insurance. The licensee shall comply with all laws of the State of Mississippi regarding Factory-Built homes. 29. “Local Authority Having Jurisdiction” (LAHJ) - is any Federal, State, County, Municipal or community organization that oversees or regulates permitting, registration, and/or installation of Factory-Built homes. 30. “ Manufacturer” - is any person engaged in the production (construction) of Factory-Built homes. 31. “Manufactured Building” - a closed structure, building assembly or systems of subassemblies which may include structural, electrical, plumbing, heating, ventilating, utility service lines, footings, foundations, porches or other service systems manufactured in manufacturing facilities, for installation or erection, with or without other specified components, as a finished building or as part of a finished building, which are not intended for human habitation but may be used as commercial, institutional, storage and industrial structures. Factory-Built homes are excluded. Manufactured building may also mean at the option of the manufacturer, any building of open construction made or assembled in manufacturing facilities away from the building site, for installation, or assembly and installation on the building site. For purposes of these regulations, the licensing and other requirements imposed shall only apply to Manufactured Buildings intended for human habitation. 32. “Manufactured Home” - defined by the United States Department of Housing and Urban Development, as a new or used structure defined by, and constructed in accordance with, the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended (42 USCS 5401 et seq.) and as amended by the Manufactured Housing Improvement Act of 2000. For the purposes of this Regulation, it also includes those structures defined as a manufactured home and mobile home pursuant to Miss. Code Ann. § 75-49-3 (Supp. 2015). 33. “Mississippi Department of Transportation” (MDOT) - is the regulatory agency for transportation in the State of Mississippi. All licensees (manufacturers, retailers, developers or installer/transporters) shall comply with the requirements regarding transportation of Factory- Built homes under the jurisdiction of MDOT in the State of Mississippi. 34. “Mobile Home” - is a structure Factory-Built before June 15, 1976, that is not constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, as amended, (42 U.S.C. Section 5401 et seq.). It is a structure that is transportable in one or more sections, that, in traveling mode, is eight (8) feet or more in width and thirty-two (32) feet or more in length or when erected on site, is two hundred fifty six (256) or more square feet and that is built on a chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities, and includes any plumbing, heating, air conditioning and electrical systems contained therein. A "mobile home" also includes any structure which meets all the requirements and complies with the standards established under this chapter. 35. “Modular home” is a structure which is: (i) transportable in one or more sections; (ii) designed to be used as a dwelling when connected to the required utilities, and includes plumbing, heating, air conditioning and electrical systems with the home. A modular home must be certified by its manufacturers as being constructed in accordance with the most current version of the residential building code adopted by the Mississippi Building Codes Council; and when designed to be permanently installed at its final destination, shall be installed on an approved foundation constructed in compliance with the manufacturer’s installation guidelines. The term “modular home” does not include manufactured housing as defined by the National Manufactured Housing Construction and Safety Standards Act of 1974. Structures used for hunting and fishing camps are exempted from the building code requirements pursuant to the provisions of Mississippi Code Section 17-2-9. 36. “Modular Home Contractor” - is a licensed residential building contractor or a licensed retailer who buys Factory-Built modular homes for resale to the general public, whether to be located on the consumer's home site or a land-home package on property owned by the modular home contractor. A Mississippi licensed modular home contractor is authorized to sell new modular homes for installation on a consumer's home site or as part of a land- home package without the necessity of maintaining a separate sales center. A modular home contractor shall be responsible for the installation requirements for modular housing as provided in as set forth in