As used in this part 33, unless the context otherwise requires:
"Authorized quality assurance representative" means any quality assurance representative approved by the division pursuant to section 24-32-3303 (1)(c).
"Board" means the state housing board created in section 24-32-706.
"Certificate of installation" means a certificate issued by the division for an installation of a manufactured home that meets the requirements of this part 33.
"Certified installer" means an installer of manufactured homes who is registered withthe division and who has installed at least five manufactured homes in compliance with the manufacturer's instructions or standards created by the division pursuant to this part 33.
"Dealer" means any person engaged in the sale, leasing, or distribution of new manufactured homes primarily to persons who in good faith purchase or lease a manufactured home for purposes other than resale.
"Defect" means any deviation in the performance, construction, components, or material of a manufactured home that renders the home or any part thereof not fit for the ordinary use for which it was intended.
"Distributor" means any person engaged in the sale and distribution of manufacturedhomes for resale.
"Division" means the division of housing created in section 24-32-704.
"Factory-built nonresidential structure" means any structure or component thereofdesigned primarily for commercial, industrial, or other nonresidential use, either permanent or temporary, including a manufactured unit that is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly and installation on a permanent or temporary foundation at the building site.
"Factory-built residential structure" means a manufactured home constructed to thebuilding codes adopted by the board and designed to be installed on a permanent foundation, except for homes constructed to a federal manufactured home construction and safety standard and any home designated as a mobile home.
"Factory-built structure" means factory-built nonresidential and factory-built residential buildings.
"Federal act" means the "National Manufactured Housing Construction and SafetyStandards Act of 1974", 42 U.S.C. sec. 5401 et seq.
"Federal manufactured home construction and safety standard" means any standardpromulgated by the secretary of the United States department of housing and urban development pursuant to the federal act.
"Imminent safety hazard" means an imminent and unreasonable risk of death orsevere personal injury.
"Independent contractor" means a local jurisdiction, individual, private firm, housing inspector, or engineer who has been approved by the division to perform or enforce installation inspections.
"Installation" means the placement of a manufactured home on a permanent or temporary foundation system. "Installation" includes without limitation supporting, blocking, leveling, securing, or anchoring the home and connecting multiple or expandable sections of the home.
"Installer" means any person who performs the installation of a manufactured home.
"Local government" means the government of a town, city, county, or city and county.
"Manufacture" means the process of making, fabricating, constructing, forming, orassembling a product from raw, unfinished, or semi-finished materials.
"Manufactured home" means any preconstructed building unit or combination ofpreconstructed building units that:
Include electrical, mechanical, or plumbing services that are fabricated, formed, orassembled at a location other than the site of the completed home;
Is designed for residential occupancy in either temporary or permanent locations;
Is constructed in compliance with the federal act, factory-built residential requirements, or mobile home standards;
Does not have motor power; and
Is not licensed as a recreational vehicle.
"Manufactured home construction" means all activities relating to the assembly,manufacture, major repair, or alteration of a manufactured home, including but not limited to activities relating to durability, quality, and safety.
"Manufactured home safety" means the performance of a manufactured home insuch a manner that the public is protected against any unreasonable risk of occurrence of accidents due to the design or construction of the manufactured home or any unreasonable risk of death or injury to the user or to the public if accidents do occur.
"Manufacturer" means any person who constructs or assembles a manufactured residential or nonresidential structure in a factory or other off-site location.
"Mobile home" means a manufactured home built prior to the adoption of the federal act.
"Modular home" means a factory-built residential structure.
"Owner" means the owner of a manufactured home.
"Principal" means an officer of a corporation, a member of a limited liability company, a general partner of a partnership, the sole proprietor of a sole proprietorship, or any other person who has a financial interest of ten percent or more in any legal or commercial entity.
"Production review" means an evaluation of a manufacturer and a facility's abilityto follow approved plans, standards, codes, and quality control procedures during manufacture.
"Purchaser" means the first person purchasing a manufactured home in good faithfor purposes other than resale.
"Quality assurance representative" means any state, firm, corporation, or other entity that proposes to conduct production reviews, evaluate a manufacturer's quality control procedures, and perform design evaluations for manufactured housing units.
"Registered installer" means an installer who has registered with the division, butwho has not yet installed five manufactured homes that have been inspected by the division for compliance with the manufacturer's instructions or standards created by the division pursuant to this part 33.
"Secretary" means the secretary of the United States department of housing andurban development.
"Site" means the entire tract, subdivision, or parcel of land on which manufacturedhomes are installed.
Source: L. 2003: Entire part added, p. 533, § 2, effective March 5.