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      RS 51:911.22     

  

§911.22. Definitions

            As used in this Part, unless the context requires a different definition:

            (1)(a) "Code" for manufactured housing means the National Manufactured Home Construction and Safety Standards Act of 1974, 42 U.S.C. 5401 et seq., as amended, and federal regulations promulgated pursuant thereto, along with any construction or installation-related standards adopted by the Louisiana Manufactured Housing Commission.

            (b) "Code" for modular housing means the International Residential Code as adopted by the Louisiana State Uniform Construction Code Council.

            (2) "Commission" means the Louisiana Manufactured Housing Commission.

            (3) "Criminal history record information" means conviction information collected by criminal justice agencies on individuals.

            (4)(a) "Developer" means any person, group of persons, firm, partnership, corporation, association, company, or legal entity who sells or offers for sale to the public a lot together with a manufactured home permanently installed and fixed on a foundation on the lot and designed as a single family residence. For purposes of this Part, "developer" shall include "contractors" and "residential contractors" as defined in R.S. 37:2157.

            (b) "Developer" shall not include an individual selling his personal residence, or a real estate broker or real estate salesman retained by a person to sell a manufactured home together with a lot on which the manufactured home has been installed and fixed on a foundation.

            (4.1) "Distributor" means any person, firm, association, corporation, limited liability company, or trust, resident or nonresident, who in whole or in part sells or supplies manufactured housing to dealers or who maintains distributor sales representatives.

            (4.2) "Distributor sales representative" means any officer, agent, or employee employed for the purpose of promoting the sale of manufactured housing or for supervising or contacting their dealers or prospective dealers.

            (5) "Manufactured home" and "manufactured housing" mean a factory-built, residential dwelling unit constructed to standards and codes, as promulgated by the United States Department of Housing and Urban Development (HUD), under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. 5401 et seq., as amended. Further, the terms "manufactured home" and "manufactured housing" may be used interchangeably and apply to structures bearing the permanently affixed seal of the United States Department of Housing and Urban Development.

            (6) "Manufactured home broker" means an individual agent who acts as an intermediary or negotiator between a buyer and a seller.

            (7) "Manufacturer" means any person who manufactures manufactured or modular housing.

            (8) "Mobile home" means a factory-built, residential dwelling unit built to voluntary standards prior to the passage of the National Manufactured Housing Construction and Safety Standards Act of 1974. This term includes and is interchangeable with the term "house trailer", but does not include the term "manufactured home", as only manufactured homes are built to federal construction standards.

            (8.1) "Modular home" and "modular housing" mean a factory-built, residential dwelling unit built to the International Residential Code as adopted by the Louisiana State Uniform Construction Code Council.

            (9) "Person" means a natural person, association, or group of natural persons, partnership, company, corporation, institution, or legal entity.

            (10) "Retailer" means any person who is engaged wholly or in part in the business of buying, selling, distributing, brokering, or exchanging an interest in a manufactured or modular home with the intent to make a profit, monetary gain, or any thing of economic value. Any person who buys, sells, distributes, brokers, or exchanges an interest in more than one such manufactured or modular home in any twelve-month period shall be presumed to be a retailer. "Retailer" shall not include any of the following:

            (a) Public officers while performing their official duties.

            (b) Receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under the judgment or order of any court.

            (c) Banks, finance companies, or other loan agencies whose principal place of business is in Louisiana that acquire manufactured housing as an incident to their regular business.

            (d) A developer, or a contractor licensed as a developer under the provisions of R.S. 51:911.24, or a real estate broker or real estate salesman retained by a person to sell a manufactured home together with immovable property on which the manufactured home is located.

            (e) A manufactured housing community or park owner that sells less than three manufactured homes in a twelve-month period, provided the community or park owner has owned and leased the manufactured home being sold for more than one year.

            (11) "Salesman" means any person employed by a retailer or developer for purposes of selling manufactured or modular housing to the public.

            (12) "Seal" or "label" means the permanently affixed device or insignia issued by the United States Department of Housing and Urban Development (HUD) or other authority having jurisdiction that is displayed on the exterior of a factory-built manufactured or modular home, certifying that the home is in compliance with the applicable Code.

            (13) "Transporter" means an individual who transports a manufactured or modular home to a site of installation but does not perform any blocking or anchoring of the home, except a transporter is allowed to put blocks under the hitch on the tongue of the frame.

            Acts 1974, No. 281, §1; Amended by Acts 1979, No. 589, §1; Acts 1981, No. 895, §1; Acts 1982, No. 211, §1, eff. July 15, 1982; Acts 1982, No. 565, §1, eff. July 22, 1982. Acts 1984, No. 576, §1 and §2; Acts 1984, No. 577, §1; Acts 1985, No. 275, §1; Acts 1987, No. 425, §1; Acts 2001, No. 718, §2; Acts 2002, 1st Ex. Sess., No. 82, §1, eff. April 18, 2002; Acts 2003, No. 661, §1; Acts 2004, No. 419, §1, eff. July 1, 2004; Acts 2007, No. 441, §1; Acts 2008, No. 825, §1; Acts 2010, No. 1018, §1; Acts 2017, No. 221, §1.

NOTE: See Acts 1984, No. 576, §3.



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