Ariz. Admin. Code § 4-34-101

Current through Register Vol. 30, No. 45, November 8, 2024

Section R4-34-101 - Definitions

The definitions in A.R.S. §§ 41-4001, and 41-4008 apply to this Chapter. Additionally, in this Chapter:

1. "Act" means the Manufactured Housing Improvement Act of 2000, which is Title VI of the American Homeownership and Economic Opportunity Act of 2000.

2. "Agency" means the seller or purchaser of a used home has given a licensed salesperson written legal authority to act on behalf of the seller or purchaser when dealing with a third party. The written legal authority is also binding on the salesperson's licensed and employing retailer.

3. "Agency disclosure" means a document that specifies the person a licensed salesperson or licensed retailer represents in a brokered transaction.

4. "Agent" means a licensed retailer authorized to act on behalf of a seller, purchaser, or both the seller and purchaser of a used home.

5. "Attached" means an accessory is fastened or affixed to a regulated structure in a manner that imposes a load on the structure.

6. "Branch location" means a satellite office, in addition to the principal office, where business may be transacted.

7. "Brokered transaction" means a transaction in which a licensed broker acts as an agent for the seller, purchaser, or both.

8. "Certificate" means an Arizona Insignia with which a licensee certifies all work performed complies with applicable law, including this Chapter, relating to modular manufacture and reconstruction, installation of modular, manufactured, and mobile homes, or rehabilitation work and construction.

9. "Co-brokered transaction" means a transaction in which the listing retailer and the selling retailer are not the same person.

10. "Consummation of sale, as defined at A.R.S. § 41-1001, includes filing an Affidavit of Affixture, if applicable.

11. "FBB" means factory-built building.

12. "Field installed" means components, equipment, and/or construction that is to be completed or installed at the site. Field installed does not include reconstruction.

13. "HVAC" means heating, ventilation, and air conditioning.

14. "Modular" means a type of FBB built in a factory and transported in three-dimensional sections to an installation site.

15. "New" means a unit not previously sold, bargained, exchanged, or given away to a purchaser.

16. "Panelized" means a type of commercial FBB built in a factory using closed construction, including partly or fully finished walls, floors, or roof panels, and transported in two-dimensional condition to an assembly site.

17. "Permanent foundation" means a system of support and perimeter enclosure, with or without crawl space, that is:

a. Constructed of durable materials:

b. Developed in accordance with the manufacturer's installation instructions or designed by an Arizona registered engineer;

c. Attached in a manner that effectively transfers all vertical and horizontal design loads that could be imposed on the structure by wind, snow, frost, seismic, or flood conditions, as applicable, to the underlying soil or rock; and

d. Designed to exclude unwanted elements and varmints, ensure sufficient ventilation, and provide adequate access to the building.

18. "Purchase contract in a brokered transaction" means a written agreement between a purchaser and seller of a used home that indicates the sales price and terms of the sale.

19. "Repair" means work performed on a manufactured home, mobile home, or FBB to restore the building to a habitable condition but does not impact the original structure, electrical, plumbing, HVAC, mechanical, use occupancy, or energy design.

20. "Retailer" means a broker or dealer as prescribed at A.R.S. § 41-4001(5) and (10).

21. "Site" means a parcel of land bounded by a property line or a designated portion of a public right-of-way.

22. "Site work" means soil preparation including soil analysis, grading, drainage, utility trenches, and foundation systems preparation, and field-installed work including terminal and connections, on-site utility connections, accessibility structures, egress paths, parking, lighting, landscaping, and similar work.

23. "Standards" means the materials referenced in R4-34-102.

24. "Supplement" means a submittal noting change of a floor plan design, system, component, or configuration, and is incorporated as part of an originally approved plan.

25. "Used home" means a previously titled manufactured home, mobile home, or FBB designed for use as a residential dwelling.

Ariz. Admin. Code § R4-34-101

Former Section R4-34-101 renumbered to R4-34-102, new Section R4-34-101 adopted effective July 3, 1991 (Supp. 91-3). Section repealed by final rulemaking at 6 A.A.R. 47, effective December 8, 1999; new Section adopted by final rulemaking at 6 A.A.R. 145, effective December 8, 1999 (Supp. 99-4). Amended by final rulemaking at 11 A.A.R. 464, effective March 5, 2005 (Supp. 05-1). Amended by final rulemaking at 13 A.A.R. 3582, effective December 1, 2007 (Supp. 07-4). Amended by final rulemaking at 18 A.A.R. 944, effective June 4, 2012 (Supp. 12-2). Amended by final rulemaking at 24 A.A.R. 1499, effective 6/30/2018. Amended by final rulemaking at 26 A.A.R. 1509, effective 9/6/2020.