Michigan Administrative Code
Department - Licensing and Regulatory Affairs
Bureau of Construction Codes
Manufactured Housing
Part 1 - GENERAL PROVISIONS
Section R. 125.1101 - Definitions
Universal Citation: MI Admin Code R. 125.1101
Current through Vol. 24-16, September 15, 2024
Rule 101.
(1) As used in these rules:
(a) "Accessory" means
anything which is joined to a home, which renders it more complete, which
accompanies it, which is connected to it, or which performs a function incident
to the safety or convenience, or both, of the occupant, such as an attached or
detached carport or garage, steps, or decks.
An accessory shall be constructed pursuant to the standards set forth in the provisions of R 408.30101 to R 408.30121 of the Michigan Administrative Code.
(b) "Act" means 1987 PA 96, MCL
125.2301 to 125.2350 and known as the mobile home commission act.
(c) "Advertising" means the publication of,
or causing to be published, by any means of communication, all material that is
prepared for public distribution and consumption, including any sign used by a
licensee. A licensee shall use the name under which it's doing business in all
advertisements. The term does not include applications for licensing or
stockholder communications, such as any of the following:
(i) Annual reports.
(ii) Interim financial reports.
(iii) Proxy materials.
(iv) Registration statements.
(v) Securities.
(vi) Business or financial
prospectuses.
(d)
"Certificate of manufactured home ownership" means a document which is issued
by the department or its authorized representative and which establishes lawful
transfer and ownership of a home.
(e) "Closing" means the procedure in which
final documents are executed.
(f)
"Commission" means the manufactured housing commission.
(g) "Common sidewalk" means a sidewalk in a
community that is intended for the common use of all residents in the
community.
(h) "Community" means
both a "mobile home park" and a "seasonal mobile home park" as defined in the
act.
(i) "Consumer" means a retail
purchaser.
(j) "Consumer deposit"
means all payments of cash or by personal check, money order, certified or
cashier's check, credit card or similar instrument, or other collateral or
security paid to a retailer prior to closing by the consumer for the right to
purchase a home subject to return upon cancellation of the purchase
agreement.
(k) "Department" means
the Michigan department of labor & economic growth.
(l) "Director" means the director of the
Michigan department of labor & economic growth.
(m) "Final documents" include termination
statements, or releases of lien, purchase agreements, installment loan
contracts, manufacturer's invoices, closing statements, shipping records,
delivery receipts, and escrow disbursement documents.
(n) "Home" has the same meaning as
"manufactured home," which has the same meaning as "mobile home" as defined in
the act. A new home is a home for which a certificate of manufactured home
ownership should have been issued under the act.
(o) "Homeowner" means the person or persons
listed on the certificate of manufactured home ownership and on the security
agreement, if one exists, for the home.
(p) "Home site" means the entire area that is
designated to be used for a specific home.
(q) "Individual sidewalk" means a private
sidewalk which extends from the common sidewalk, driveway, or internal road to
the home site and which is intended for the use of the home site
resident.
(r) "Installer and
servicer" has the same meaning as "installer and repairer" as defined in the
act.
(s) "Internal road" means a
road which is contained within the boundaries of a community and which is under
the care, custody, and control of the community.
(t) "Location" means a staffed sales office
that lists or sells, or lists and sells, new or pre-owned homes.
(u) "Manufactured housing commission" has the
same meaning as "commission" as defined in the act.
(v) "Operator" means an individual 18 years
of age or older who is an officer of a corporation, a manager or member, if
member managed, of a limited liability company, a general partner, a copartner,
or a sole proprietor.
(w) "Optional
improvement" means an amenity in new community construction or existing
licensed community expansion that is not required under the community
construction rules contained in these rules.
(x) "Payments" does not include payments
collected by a retailer on behalf of either a lender, in order for financing to
be approved, or a state or local governmental agency, in order to apply for
permits, and forwarded by the retailer to the lender or governmental
agency.
(y) "Permanent foundation"
means a base upon which a home is placed that is not subject to excessive
movement caused by changes in weather or home weight distribution.
(z) "Purchase agreement," for the purpose of
records maintained under these rules, means an express written agreement in
which a person agrees to buy, and another person agrees to sell, a home and
includes specific home identification information, which shall include all of
the following information:
(i) Year of
manufacture or year on previous certificate of manufactured home
ownership.
(ii) Serial number if
available.
(iii) Name of
manufacturer.
(iv) Model name or
number.
(v) The agreed to price of
the home.
(vi) Each buyer-selected
option and accessory.
(vii) Other
costs to the buyer, such as taxes and certificate of manufactured home
ownership fees.
(aa)
"Purchaser" means a retail purchaser.
(bb) "Retailer" has the same meaning as
"mobile home dealer" as defined in the act. A community that rents or leases
homes within the community is not required to be licensed as a retailer, but
shall comply with the retailer business practices rules. A lender that only
sells homes it has repossessed is not required to be licensed as a retailer. A
community that only sells homes that have been abandoned or for which a title
has been transferred without consideration or in lieu of rent owed is not
required to be licensed as a retailer.
(cc) "Rubbish" means not putrescible solid
wastes, except ashes, consisting of either combustible or noncombustible
wastes, such as paper, cardboard, metal containers, yard clippings, wood,
glass, bedding, crockery, demolished building materials, or litter of any kind
that may be a detriment to the public health and safety.
(dd) "Seasonal community" has the same
meaning as "seasonal mobile home park" as defined in the act.
(ee) "Successor" means a person who obtains
all of the assets and liabilities of a former owner.
(ff) "Terminate" means ceasing activities
authorized under the terms and powers of a license specified in the
act.
(gg) "Year of manufacture"
means the calendar year in which a home is manufactured.
(2) Terms defined in the act have the same meanings when used in these rules.
Disclaimer: These regulations may not be the most recent version. Michigan may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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