Ky. Rev. Stat. § 227.550

Current through 2024 Ky. Acts ch.225
Section 227.550 - Definitions for KRS 227.550 to 227.660, 227.990, and 227.992

As used in KRS 227.550 to 227.660, 227.990, and 227.992, unless the context requires a different definition:

(1) "Seal" means the United States Department of Housing and Urban Development seal for manufactured homes;
(2) "Class B1 Seal" and "Class B2 Seal" mean seals issued pursuant to subsection (1) of KRS 227.600;
(3) "Retailer" means any person, firm, or corporation, who sells or offers for sale two (2) or more manufactured homes, mobile homes, or recreational vehicles in any consecutive twelve (12) month period. The term "retailer" shall not include:
(a) A manufacturer, as defined in this section;
(b) Any bank, trust company, or lending institution that is subject to state or federal regulation, with regard to the disposition of its own repossessed manufactured housing; or
(c) A licensed real estate agent who acts as a negotiator between an owner and a prospective purchaser and does not acquire ownership or possession of manufactured homes for resale purposes;
(4) "Established place of business" means a fixed and permanent place of business in this state, including an office building and hard surface lot of suitable character and adequate facilities and qualified personnel, for the purpose of performing the functional business and duties of a retailer, which shall include the books, records, files, and equipment necessary to properly conduct such business, or a building having sufficient space therein in which the functional duties of a retailer may be performed. The place of business shall not consist of a residence, tent, temporary stand, or open lot. It shall display a suitable sign identifying the retailer and his business;
(5) "Federal act" means the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. secs. 5401 et seq., as amended, and rules and regulations issued thereunder;
(6) "Manufactured home" means a single-family residential dwelling constructed in accordance with the federal act, manufactured after June 15, 1976, and designed to be used as a single-family residential 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. The manufactured home may also be used as a place of business, profession, or trade by the owner, the lessee, or the assigns of the owner or lessee and may comprise an integral unit or condominium structure. Buildings the construction of which is not preempted by the federal act are subject to building code requirements of KRS Chapter 198B;
(7) "Factory-built housing" means manufactured homes, mobile homes, or mobile office units;
(8) "Manufacturer" means any person who manufactures manufactured homes and sells to Kentucky retailers;
(9) "Mobile home" means a factory-built structure manufactured prior to June 15, 1976, which was not required to be constructed in accordance with the federal act;
(10) "Department" means the Department of Housing, Buildings, and Construction in the Public Protection Cabinet;
(11) "Recreational vehicle" means a vehicular type unit primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle not requiring a special permit for movement on Kentucky highways. The basic entities are: travel trailer, camping trailer, truck camper, motor home, and park vehicle;
(a) Travel trailer: A vehicular unit, mounted on wheels, designed to provide temporary living quarters for recreational, camping, or travel use, and of such size or weight as not to require special highway movement permits when drawn by a motorized vehicle, and with a living area of less than two hundred twenty (220) square feet, excluding built-in equipment (such as wardrobes, closets, cabinets, kitchen units, or fixtures) and bath and toilet rooms.
(b) Camping trailer: A vehicular portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle and unfold at the camp site to provide temporary living quarters for recreational, camping, or travel use.
(c) Truck campers: A portable unit constructed to provide temporary living quarters for recreational, travel, or camping use, consisting of a roof, floor, and sides, designed to be loaded onto and unloaded from the bed of a pickup truck.
(d) Park vehicle: A vehicle which:
1. Is built on a single chassis mounted on wheels;
2. Is primarily designed as temporary living quarters for seasonal or destination camping and which may be connected to utilities necessary for operation of installed fixtures and appliances;
3. Has a gross trailer area not exceeding four hundred (400) square feet in the set-up mode; and
4. Has a gross trailer area not less than two hundred forty (240) square feet and is certified by the manufacturer as complying with the current ANSI standard or the generally accepted industry standard as adopted by the department through the promulgation of an administrative regulation.
(e) Motor home: A vehicular unit designed to provide temporary living quarters for recreational, camping, or travel use built on or permanently attached to a self-propelled motor vehicle chassis or on a chassis cab or van which is an integral part of the completed vehicle;
(12) "Secretary" means the Secretary of the Federal Department of Housing and Urban Development; and
(13) "ANSI" means the American National Standards Institute.

KRS 227.550

Amended by 2017 Ky. Acts ch. 169,§ 72, eff. 6/29/2017.
Effective:7/15/2010
Amended 2010, Ky. Acts ch. 24, sec. 411, effective7/15/2010. -- Amended 2006, Ky. Acts ch. 217, sec. 2, effective 7/12/2006. -- Amended 2004, Ky. Acts ch. 74, sec. 1, effective 7/13/2004. -- Amended 2002, Ky. Acts ch. 75, sec. 1, effective 7/15/2002. -- Amended 1996, Ky. Acts ch. 340, sec. 1, effective 7/15/1996. -- Amended 1982 Ky. Acts ch. 181, sec. 1, effective 7/15/1982; and ch. 395, sec. 22, effective 7/15/1982. -- Amended 1980 Ky. Acts ch. 200, sec. 1, effective 7/15/1980. -- Amended 1979 (1st Extra. Sess.) Ky. Acts ch. 19, sec. 1, effective 5/12/1979. -- Amended 1976 Ky. Acts ch. 136, sec. 1. -- Created 1974 Ky. Acts ch. 76, sec. 1.