Current through Register Vol. 35, No. 18, September 24, 2024
All words and terms defined in the Manufactured Housing Act
have the same meaning in these rules.
A. Terms starting with the letter 'A' are
defined as follows.
(1)
"Act"
means the Manufactured Housing Act. Chapter 60, Article 14, Section 4, NMSA,
1978 is incorporated herein and made a part of these rules.
(2)
"Alternative permanent foundation
systems" are defined as commercially packaged systems designed by a New
Mexico licensed engineer for the purpose of classifying installations as
permanent.
(3)
"Anchoring" is defined as those systems approved by a DAPIA. Where
no DAPIA approval exists a licensed professional engineer may design a
anchoring system pursuant to the manufacturer's specifications.
(a)
"Tie-down" is any device
designed for the purpose of securing a manufactured home to the
ground.
(b)
"Ground
anchor" is a listed screw auger.
B. Terms starting with the letter 'B' are
defined as follows. [RESERVED]
C. Terms starting with the letter 'C' are
defined as follows.
(1)
"Commercial
unit" means any structure designed and equipped for human occupancy for
industrial, professional or commercial purposes.
(2)
"Committee" means the
manufactured housing committee.
(3)
"Customer, consumer or homeowner". These words are used
interchangeably throughout these rules, they are intended to be synonymous, and
they mean the purchaser, homeowner or owner of a manufactured home, including
an occupant of a manufactured home subsequent to installation.
D. Terms starting with the letter
'D' are defined as follows.
(1)
"DAPIA" means design approval primary inspection agencies as the
term is utilized in the H.U.D. regulation, which is included in the federal
preemption, on manufactured homes, and inclusive of on-site
installations.
(2)
"Deliver" as it applies to Section 20, means a seller's obligation
shall be accomplished when a seller has completed or stands ready, willing and
able to physically transport and locate the home to a buyer as specified in the
purchase agreement or buyer's order and (a) the weather is not an impediment
and (b) the parties responsible for preparing the installation site have acted
in good faith and acted according to all relevant statues, codes and rules. If
(a) or (b) are not met, then seller will have a reasonable time to deliver the
home.
(3)
"Director"
means the director of the manufactured housing division.
(4)
"Disqualifying criminal
conviction" means a conviction for a crime that is job-related for the
position in question and consistent with business necessity.
(5)
"Division" means the
manufactured housing division of the regulation and licensing
department.
(6)
"Down
payment" means any payment, such as consideration, a deposit of
remuneration, of less than the full purchase price of the home.
E. Terms starting with the letter
'E' are defined as follows. [RESERVED]
F. Terms starting with the letter 'F' are
defined as follows. "Federal preemption" is defined as The National
Manufactured Housing Construction and Safety Standards Act, Title VI, 42 U.S.
Code as amended, including Section 604.(d) and The Manufactured Homes
Procedural and Enforcement Regulations, Part 3282, including Section 32.82.11.
(1) Section 604(d) Title VI, 42 U.S. Code is
incorporated herein and made a part of these rules, as follows: "no State or
political subdivision of a State shall have any authority either to establish
or to continue in effect, with respect any manufactured home covered, any
standard regarding construction or safety applicable to the same which is not
identical to the Federal manufactured home construction standard".
(2) Section 3282.11(e) is incorporated herein
and made a part of these rules, as follows: "No state or locality may establish
or enforce any rule or regulation or take any action that stands as an obstacle
to the accomplishment and execution of the full purposes and objectives of
congress. The test of whether a state rule or action is valid or must give way
is whether the state rule can be enforced or the action taken without impairing
the federal superintendence of the manufactured home industry as established by
the act".
G. Terms
starting with the letter 'G' are defined as follows.
(1)
"Grade level" shall be
defined as the finished grade around the exterior perimeter of the manufactured
home; and, which shall slope away from the home to provide positive drainage
consistent with the rules and regulations.
(2)
"Ground level" shall be
defined only as the average surface level exposed under the home.
H. Terms starting with the letter
'H' are defined as follows. "HUD" means the United States department of housing
& urban development.
I. Terms
starting with the letter 'I' are defined as follows. "Installation inspection
permit" shall mean a document issued by the division that shall be used to
request any inspection or re-inspection of a manufactured home permanent or
non-permanent foundation system, manufactured home installation, utility
connection or re-inspection request.
J. Terms starting with the letter 'J' are
defined as follows. [RESERVED]
K. Terms starting with the letter 'K' are
defined as follows. [RESERVED]
L. Terms starting with the letter 'L' are
defined as follows.
(1)
"License"
means a license, registration, certificate of registration, certificate, or
permit.
(2)
"Licensing
fee" means a fee charged at the time an application for a professional
or occupational license or renewal is submitted to the state agency, board or
commission and any fee charged for the processing of the application for such
license; "licensing fee" does not include a fee for an inspection, or a fee
charged for copies of documents, replacement licenses, examination fees, or
other expenses related to a professional or occupational license.
(3)
"Liquidated damages" means
the sum provided in a contract that a party agrees to pay if it breaches the
contract, which sum is based on the good-faith effort of the parties to
estimate the actual damages likely to result from a breach of
contract.
(4)
"Listed
materials" means equipment and materials included in a list published by
a nationally recognized testing laboratory that maintain periodic inspections
of production of listed equipment and materials and whose listing states either
that the equipment and materials meet nationally recognized standards or have
been tested and found suitable for use in a specific manner and has been
approved for use in a manufacturer's installation manual or an approval in
writing by the division's technical advisory council (TAC).
M. Terms starting with the letter
'M' are defined as follows.
(1)
"Manufacturer II" means an enterprise whose primary business is
the acquisition, restoration, renovation, or similar work and resale of
distressed or damaged pre-owned manufactured housing units.
(2)
"Military service member"
has the same meaning as defined in Paragraph (3) of Subsection F of Section
61-1-34
NMSA 1978.
(3)
"Mobile or
manufactured home installation" means all on-site work necessary for the
installation of a manufactured home, including:
(a) preparation and construction of the
foundation system;
(b) installation
of the support piers and earthquake resistant bracing system;
(c) required connection to foundation system
and support piers;
(d)
skirting;
(e) connections to
on-site utility terminals that are necessary for the normal operation of the
home; and
(f) installation of a
pressure relief valve when required.
(4)
"Mudslide" means the general
and temporary movement down a slope of a mass of rock or soil, artificial fill,
or a combination of these materials, caused or precipitated by the accumulation
of water on or under the grounds.
N. Terms starting with the letter 'N' are
defined as follows.
(1)
"Net listing
agreement" is a prohibited employment contract in which a broker, or
dealer acting as a broker, receives as a commission all monies in excess of the
minimum sales price agreed upon by the broker or dealer and the listing
owner.
(2)
"Non-permanent
foundation" shall be defined as various foundational support mechanisms
or arrangements other than permanent foundation systems.
O. Terms starting with the letter 'O' are
defined as follows.
(1)
"One hundred
year flood" means the level of flooding that will be equaled or exceeded
once in one hundred (100) years and has a one percent chance of occurring each
year, on the average as defined by the federal emergency management agency
(F.E.M.A).
(2)
"On-site
utility terminal" means the consumer's load side of the on-site utility
meter for gas and electric utilities, or the point of attachment or connection
to the utility supplier's distribution system, for water and sewer.
P. Terms starting with the letter
'P' are defined as follows.
(1)
"Perimeter enclosement" is defined as any arrangement that
encloses and provides weather protection to the volume beneath the principle
structure. Perimeter enclosements shall not be load bearing unless engineered
to be load bearing by a licensed engineer or the manufacturer. Permanent
perimeter enclosements are defined as constructed or assembled components
consisting of durable materials (i.e. concrete, masonry, treated wood or other
approved materials) or other materials approved by the division.
(2)
"Perimeter marriage band" is
defined as the covering placed over the gap that exists between the exterior,
at the unit's floor level and the perimeter enclosement. The materials used
shall be appropriate for the weather and designed and installed in a manner
consistent with good construction and engineering standards.
(3)
"Permanent foundations" are
defined as constructed or assembled components consisting of durable materials
(i.e. concrete, masonry, treated wood or other approved materials), and are
required to be constructed on-site and shall have attachments points to anchor
and stabilize the manufactured home. The design of the foundation shall be
DAPIA approved or designed by a licensed professional engineer in accordance
with the manufacturer's specifications.
(4)
"Pre-owned home" or
"pre-owned manufactured home" means a manufactured home of which
title has been issued to a consumer or a manufacturer's statement of origin has
been issued and a unit has been subsequently declared as real property,
pursuant to New Mexico property tax laws.
(5)
"Prohibited sales notice"
means a printed notification, issued by the division, that a manufactured home
may not be offered for sale because of violations of these rules.
Q. Terms starting with the letter
'Q' are defined as follows. [RESERVED]
R. Terms starting with the letter 'R' are
defined as follows.
(1)
"Regulation" means the rules of the manufactured housing
division.
(2)
"Real
estate" means land, improvements, leaseholds and other interests in real
property that are less than a fee simple ownership interest, whether tangible
or intangible.
(3)
"Retailer" is used interchangeably with the word "dealer"
throughout these rules, these words are synonymous, and they mean "dealer" as
defined pursuant to Subsection E of Section
60-14-2
NMSA 1978.
(4)
"Retail
installment contract" means the contract as defined in Subsection H of
Section
56-1-1
NMSA 1978. The contract must conform to Section
56-1-2
NMSA 1978.
(a) Suggested examples of when a
retail installment contract will be contemplated as part of the transaction:
(a) chattel mortgage from a third party
lender;
(b) security
agreement;
(c) conditional sale
contract;
(d) contract in form of a
bailment.
(b) Suggested
examples of when a retail installment contract will not be contemplated as part
of the transaction:
(a) cash sale.
(5)
"Retaining
walls" are defined as a barrier with a minimum differential height of
eighteen inches (18"), which retains a lateral load.
(6)
"Riser" means that portion
of the yardline, which protrudes through the grade level of the
ground.
S. Terms
starting with the letter 'S' are defined as follows.
"Superintendent" means the superintendent of the regulation and
licensing department.
T. Terms
starting with the letter 'T' are defined as follows.
[RESERVED]
U. Terms
starting with the letter 'U' are defined as follows.
(1)
"Unavailability of the
manufacturer's installation manual" shall mean the inability to obtain
such manual after undertaking a reasonable and diligent effort to obtain the
same prior to the installation of a home; and includes, but is not limited to,
circumstances where the customer of a used home has lost or misplaced the
manual, the manufacturer is no longer in business and manuals are unavailable,
or no such manual was ever printed or delivered at the time of the manufacture
of a home and a photocopy of the manual could not be obtained at the
manufactured housing division.
(2)
"Utility" means electric, gas, water or sewer services, but does
not include refuse services.
(3)
"Utility supplier" means any person, park owner, municipality or
public utility that supplies electricity, water, liquefied petroleum gas,
natural gas or sewer service to a manufactured home.
V. Terms starting with the letter 'V' are
defined as follows. "Veteran" means a person who has received an
honorable discharge or separation from military service.
W. Terms starting with the letter 'W' are
defined as follows. [RESERVED]
X. Terms starting with the letter 'X' are
defined as follows. [RESERVED]
Y. Terms starting with the letter 'Y' are
defined as follows. "Yardline" means a buried material providing
utilities from the on-site utility terminal to the manufactured home.
Z. Terms starting with the letter 'Z' are
defined as follows. [RESERVED]
