Section 125.1101. Definitions.

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.

History:   1979 AC; 1980 AACS; 1982 AACS; 1984 AACS; 1985 AACS;   1991   AACS; 1998