Idaho Admin. Code r. 24.39.31.010 - DEFINITIONS

The terms defined in this section have the following meaning, unless the context clearly indicates another meaning. (3-28-23)

01. Alterations to Manufactured Homes. The replacement, addition, and modification, or removal of any equipment or installation after sale by a manufacturer to a retailer but prior to sale by a retailer to a purchaser which may affect the construction, fire safety, occupancy, plumbing, heat-producing or electrical system. It includes any modification made in a manufactured home which may affect the compliance of the home with the standards, but it does not include the repair or replacement of a component or appliance "plug-in" to an electrical receptacle where the replaced item is of the same configuration and rating as the one being replaced. It also does not include the addition of an appliance requiring "plug-in" to an electrical receptacle, which appliance was not provided with the manufactured home by the manufacturer, if the rating of the appliance does not exceed the rating of the receptacle to which it is connected. (3-28-23)

02. Branch Office. An enclosed structure accessible and open to the public, at which the business of the manufactured/mobile home retailer is conducted simultaneously with and physically separated from his principal place of business. There must be displayed on the exterior a sign permanently affixed to the land or building with letters clearly visible to the major avenue of traffic. The sign must provide the business name of the retailer. (3-28-23)

03. Business. Occupation, profession, or trade. (3-28-23)

04. Deceptive Practice. Intentionally publishing or circulating any advertising concerning mobile or manufactured homes which: (3-28-23)

a. Is misleading or inaccurate in any material respect; (3-28-23)

b. Misrepresents any of the products or services sold or provided by a manufacturer, manufactured/ mobile home retailer, or installation company. (3-28-23)

05. Insignia. A label or tag issued by the Division to indicate compliance with the codes, standards, rules, and regulations established for Modular Buildings and Commercial Coaches. (3-28-23)

06. Installation. The term includes "setup" and is the complete operation of fixing in place a modular building or manufactured or mobile home for occupancy. (3-28-23)

07. Manufactured Home. A structure, constructed after June 15, 1976, in accordance with the HUD manufactured home construction and safety standards, and is transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or is 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, except that such term must include any structure which meets all the requirements of this subsection except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of Housing and Urban Development and complies with the standards established under 42 U.S.C. Section 5401, et seq. (3-28-23)

08. Manufactured Home Retailer. Except as otherwise provided in these rules: (3-28-23)

a. Any person engaged in the business of selling or exchanging new and used units; or (3-28-23)

b. Any person or who buys, sells, lists, or exchanges three (3) or more new and used units in any one (1) calendar year. (3-28-23)

09. Mobile Home. A factory-assembled structure or structures generally constructed prior to June 15, 1976, the date of enactment of the National Manufactured Housing Construction and Safety Standards Act (HUD Code), and equipped with the necessary service connections and made so as to be readily movable as a unit or units on their own running gear and designed to be used as a dwelling unit or units with or without a permanent foundation. (3-28-23)

10. Principal Place of Business. The primary physical location at which the business of a manufactured home retailer is lawfully conducted. Each of the following requirements must be met to qualify as the principal place of business: (3-28-23)

a. The business of the manufactured or mobile home retailer is lawfully conducted here; (3-28-23)

b. The office or offices of the retailer is or are located here; (3-28-23)

c. The public may contact the retailer here; (3-28-23)

d. The offices are accessible and open to the public; and (3-28-23)

e. The greatest portion of the retailer's business is conducted here. The books and other records of a retailer must be kept and maintained at the retailer's principal place of business and be open to inspection during normal business hours by any authorized agent of the Division. Moreover, there must be displayed on the exterior a sign permanently affixed to the land or building with letters providing the business name of the retailer clearly visible to the major avenue of traffic. (3-28-23)

11. Transit Damage. Application to manufactured home means that damage encountered en route from the place of manufacture to the dealer or first owner involving structural integrity or any repair that does not result in return to the same construction or assembly as specified in the manufacturer's design approval without additional reinforcement or change. (3-28-23)

12. Used Manufactured Home or Mobile Home. A manufactured home or mobile home, respectively, which has been: (3-28-23)

a. Sold, rented, or leased and occupied prior to or after the sale, rental, or lease; or (3-28-23)

b. Registered with or been the subject of a certificate of title issued by the Idaho Department of Transportation or the appropriate authority of any state, the District of Columbia, or foreign state or country. (3-28-23)

Notes

Idaho Admin. Code r. 24.39.31.010