(a)
- (1) No attempt is made to define ordinary words that are used in accordance with the established dictionary meaning except when the word has been loosely used and it is necessary to define its meaning as used in this part to avoid a misunderstanding.
- (2) Because the purpose is to define terms rather than words, the definitions are alphabetical using the first word of the term rather than by the noun.
(b) The following terms are defined for the purpose of this part:
- (1) “Agency” means the Director of the Arkansas Manufactured Home Commission or other personnel authorized to act on behalf of the director;
- (2) “Anchoring” means a combination of external ties, cables, straps, and ground anchors or alternative systems certified by an engineer used to secure the home to the ground to resist displacement and movement by natural forces;
- (3) “Auction” means the selling or offering for sale of manufactured homes to manufactured home retailers or to the public, by a person, firm, or corporation not otherwise certified or licensed, in an auction or liquidation format or on consignment;
- (4) “Certification” means the act of certifying or a state of being certified;
- (5) “Commission” means the Arkansas Manufactured Home Commission;
- (6) “Defect” means any defect in the performance, construction, components, or material of a manufactured home that renders the manufactured home or any part thereof not fit for the ordinary use for which it was intended;
- (7) “Director” means the Director of the Arkansas Manufactured Home Commission;
- (8) “Federal standards” means the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq., and applicable regulations promulgated by the United States Department of Housing and Urban Development, as and when adopted by the Arkansas Manufactured Home Commission;
- (9) “HUD” means the United States Department of Housing and Urban Development;
- (10) “Installation” means work done to stabilize, support, or anchor a manufactured home or to join sections of a multisection manufactured home when any such work is governed by rules adopted by the Arkansas Manufactured Home Commission;
- (11) “Installer” means any person, firm, or corporation not otherwise certified, engaged in the business of installing manufactured homes for himself or herself or on behalf of any other person not certified under this act;
- (12) “Manufacturer” means any person who manufactures manufactured homes;
- (13) “Multisection” means more than one (1) unit of a manufactured home that when joined together form a single entity, a livable home;
- (14) “Quality control” means in‑plant inspection by the manufacturer to ensure that all units meet the Federal Manufactured Home Construction and Safety Standards and the approved DAPIA manual for each plant;
- (15) “Retailer” means any person, firm, or corporation in the business of accepting on consignment, buying for resale, selling, or exchanging manufactured homes or offering same to the public for sale, exchange, or lease‑purchase, whether for himself or herself or on behalf of any other person not certified as a retailer under this act;
(16) “Revocation” means the repeal or reversal of the rights of the:
- (A) Manufacturer or retailer to sell or distribute units in the State of Arkansas; or
- (B) Installer to setup or anchor manufactured homes;
- (17) “Salesperson” means any person employed by the retailer or manufacturer who is engaged in either the wholesale or retail sale of manufactured homes;
- (18) “Separate entity” means each individual location of a manufacturing plant or each individual retail location;
- (19) “Site” means the actual location of the manufactured home upon a plot of ground;
- (20) “Standards” means the Federal Manufactured Home Construction and Safety Standards;
- (21) “Statement of compliance” means the manufacturer or retailer certified and the installer licensed by the Arkansas Manufactured Home Commission will comply with Acts 1977, No. 419, as amended, the Arkansas Manufactured Home Commission's rules, the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq., and the DAPIA manual approved by the United States Department of Housing and Urban Development; and
- (22) “Suspension” means to cease or stop temporarily the right to manufacture, sell, or install manufactured homes within the State of Arkansas.
Codification Notes: "DAPIA" means Design Approval Primary Inspection Agency.