State Codes and Statutes

Statutes > Virginia > Title-36 > Chapter-4-2 > 36-85-16

§ 36-85.16. Definitions.

As used in this chapter, unless a different meaning or construction isclearly required by the context:

"Board" means the Virginia Manufactured Housing Board.

"Buyer" means the person who purchases at retail from a dealer ormanufacturer a manufactured home for personal use as a residence or otherrelated use.

"Claimant" means any person who has filed a verified claim under thischapter.

"Code" means the appropriate standards of the Virginia Uniform StatewideBuilding Code and the Industrialized Building and Manufactured Home SafetyRegulations adopted by the Board of Housing and Community Development andadministered by the Department of Housing and Community Development pursuantto the National Manufactured Housing Construction and Safety Standards Act of1974 for manufactured homes.

"Defect" means any deficiency in or damage to materials or workmanshipoccurring in a manufactured home which has been reasonably maintained andcared for in normal use. The term also means any failure of any structuralelement, utility system or the inclusion of a component part of themanufactured home which fails to comply with the Code.

"Department" means the Department of Housing and Community Development.

"Director" means the Director of the Department of Housing and CommunityDevelopment, or his designee.

"Fund" or "recovery fund" means the Virginia Manufactured HousingTransaction Recovery Fund.

"Manufactured home" means a structure constructed to federal standards,transportable in one or more sections, which, in the traveling mode, is 8feet or more in width and is 40 feet or more in length, or when erected onsite, is 320 or more square feet, and which is built on a permanent chassisand designed to be used as a dwelling with or without a permanent foundationwhen connected to the required utilities, and includes the plumbing, heating,air conditioning, and electrical systems contained therein.

"Manufactured home broker" or "broker" means any person, partnership,association or corporation, resident or nonresident, who, for compensation orvaluable consideration, sells or offers for sale, buys or offers to buy,negotiates the purchase or sale or exchange, or leases or offers to leaseused manufactured homes that are owned by a party other than the broker.

"Manufactured home dealer" or "dealer" means any person, resident ornonresident, engaged in the business of buying, selling or dealing inmanufactured homes or offering or displaying manufactured homes for sale inVirginia. Any person who buys, sells, or deals in three or more manufacturedhomes in any 12-month period shall be presumed to be a manufactured homedealer. The terms "selling" and "sale" include lease-purchasetransactions. The term "manufactured home dealer" does not include banksand finance companies that acquire manufactured homes as an incident to theirregular business.

"Manufactured home manufacturer" or "manufacturer" means any persons,resident or nonresident, who manufacture or assemble manufactured homes forsale in Virginia.

"Manufactured home salesperson" or "salesperson" means any person who forcompensation or valuable consideration is employed either directly orindirectly by, or affiliated as an independent contractor with, amanufactured home dealer, broker or manufacturer to sell or offer to sell, orto buy or offer to buy, or to negotiate the purchase, sale or exchange, or tolease or offer to lease new or used manufactured homes.

"New manufactured home" means any manufactured home that (i) has not beenpreviously sold except in good faith for the purpose of resale, (ii) has notbeen previously occupied as a place of habitation, (iii) has not beenpreviously used for commercial purposes such as offices or storage, and (iv)has not been titled by the Virginia Department of Motor Vehicles and is stillin the possession of the original dealer. If the home is later sold toanother dealer and then sold to a consumer within two years of the date ofmanufacture, the home is still considered new and must continue to meet allstate warranty requirements. However, if a home is sold from the originaldealer to another dealer and it is more than two years after the date ofmanufacture, and it is then sold to a consumer, the home must be sold as"used" for warranty purposes. Notice of the "used" status of themanufactured home and how this status affects state warranty requirementsmust be provided, in writing, to the consumer prior to the closing of thesale.

"Person" means any individual, natural person, firm, partnership,association, corporation, legal representative, or other recognized legalentity.

"Regulant" means any person, firm, corporation, association, partnership,joint venture, or any other legal entity required by this chapter to belicensed by the Board.

"Responsible party" means a manufacturer, dealer, or supplier ofmanufactured homes.

"Set-up" means the operations performed at the occupancy site which rendera manufactured home fit for habitation. Such operations include, but are notlimited to, transportation, positioning, blocking, leveling, supporting,anchoring, connecting utility systems, making minor adjustments, orassembling multiple or expandable units. Such operations do not includelawful transportation services performed by public utilities operating undercertificates or permits issued by the State Corporation Commission.

"Substantial identity of interest" means (i) a controlling financialinterest by the individual or corporate principals of the manufactured homebroker, dealer, or manufacturer whose license has been revoked or not renewedor (ii) substantially identical principals or officers as the manufacturedhome broker, dealer, or manufacturer whose license has been revoked or notrenewed by the Board.

"Supplier" means the original producer of completed components, includingrefrigerators, stoves, water heaters, dishwashers, cabinets, airconditioners, heating units, and similar components, and materials such asfloor coverings, panelling, siding, trusses, and similar materials, which arefurnished to a manufacturer or a dealer for installation in the manufacturedhome prior to sale to a buyer.

"Used manufactured home" means any manufactured home other than a new homeas defined in this section.

(1991, c. 555; 1992, c. 223; 1994, c. 671; 2005, c. 430; 2008, c. 350.)

State Codes and Statutes

Statutes > Virginia > Title-36 > Chapter-4-2 > 36-85-16

§ 36-85.16. Definitions.

As used in this chapter, unless a different meaning or construction isclearly required by the context:

"Board" means the Virginia Manufactured Housing Board.

"Buyer" means the person who purchases at retail from a dealer ormanufacturer a manufactured home for personal use as a residence or otherrelated use.

"Claimant" means any person who has filed a verified claim under thischapter.

"Code" means the appropriate standards of the Virginia Uniform StatewideBuilding Code and the Industrialized Building and Manufactured Home SafetyRegulations adopted by the Board of Housing and Community Development andadministered by the Department of Housing and Community Development pursuantto the National Manufactured Housing Construction and Safety Standards Act of1974 for manufactured homes.

"Defect" means any deficiency in or damage to materials or workmanshipoccurring in a manufactured home which has been reasonably maintained andcared for in normal use. The term also means any failure of any structuralelement, utility system or the inclusion of a component part of themanufactured home which fails to comply with the Code.

"Department" means the Department of Housing and Community Development.

"Director" means the Director of the Department of Housing and CommunityDevelopment, or his designee.

"Fund" or "recovery fund" means the Virginia Manufactured HousingTransaction Recovery Fund.

"Manufactured home" means a structure constructed to federal standards,transportable in one or more sections, which, in the traveling mode, is 8feet or more in width and is 40 feet or more in length, or when erected onsite, is 320 or more square feet, and which is built on a permanent chassisand designed to be used as a dwelling with or without a permanent foundationwhen connected to the required utilities, and includes the plumbing, heating,air conditioning, and electrical systems contained therein.

"Manufactured home broker" or "broker" means any person, partnership,association or corporation, resident or nonresident, who, for compensation orvaluable consideration, sells or offers for sale, buys or offers to buy,negotiates the purchase or sale or exchange, or leases or offers to leaseused manufactured homes that are owned by a party other than the broker.

"Manufactured home dealer" or "dealer" means any person, resident ornonresident, engaged in the business of buying, selling or dealing inmanufactured homes or offering or displaying manufactured homes for sale inVirginia. Any person who buys, sells, or deals in three or more manufacturedhomes in any 12-month period shall be presumed to be a manufactured homedealer. The terms "selling" and "sale" include lease-purchasetransactions. The term "manufactured home dealer" does not include banksand finance companies that acquire manufactured homes as an incident to theirregular business.

"Manufactured home manufacturer" or "manufacturer" means any persons,resident or nonresident, who manufacture or assemble manufactured homes forsale in Virginia.

"Manufactured home salesperson" or "salesperson" means any person who forcompensation or valuable consideration is employed either directly orindirectly by, or affiliated as an independent contractor with, amanufactured home dealer, broker or manufacturer to sell or offer to sell, orto buy or offer to buy, or to negotiate the purchase, sale or exchange, or tolease or offer to lease new or used manufactured homes.

"New manufactured home" means any manufactured home that (i) has not beenpreviously sold except in good faith for the purpose of resale, (ii) has notbeen previously occupied as a place of habitation, (iii) has not beenpreviously used for commercial purposes such as offices or storage, and (iv)has not been titled by the Virginia Department of Motor Vehicles and is stillin the possession of the original dealer. If the home is later sold toanother dealer and then sold to a consumer within two years of the date ofmanufacture, the home is still considered new and must continue to meet allstate warranty requirements. However, if a home is sold from the originaldealer to another dealer and it is more than two years after the date ofmanufacture, and it is then sold to a consumer, the home must be sold as"used" for warranty purposes. Notice of the "used" status of themanufactured home and how this status affects state warranty requirementsmust be provided, in writing, to the consumer prior to the closing of thesale.

"Person" means any individual, natural person, firm, partnership,association, corporation, legal representative, or other recognized legalentity.

"Regulant" means any person, firm, corporation, association, partnership,joint venture, or any other legal entity required by this chapter to belicensed by the Board.

"Responsible party" means a manufacturer, dealer, or supplier ofmanufactured homes.

"Set-up" means the operations performed at the occupancy site which rendera manufactured home fit for habitation. Such operations include, but are notlimited to, transportation, positioning, blocking, leveling, supporting,anchoring, connecting utility systems, making minor adjustments, orassembling multiple or expandable units. Such operations do not includelawful transportation services performed by public utilities operating undercertificates or permits issued by the State Corporation Commission.

"Substantial identity of interest" means (i) a controlling financialinterest by the individual or corporate principals of the manufactured homebroker, dealer, or manufacturer whose license has been revoked or not renewedor (ii) substantially identical principals or officers as the manufacturedhome broker, dealer, or manufacturer whose license has been revoked or notrenewed by the Board.

"Supplier" means the original producer of completed components, includingrefrigerators, stoves, water heaters, dishwashers, cabinets, airconditioners, heating units, and similar components, and materials such asfloor coverings, panelling, siding, trusses, and similar materials, which arefurnished to a manufacturer or a dealer for installation in the manufacturedhome prior to sale to a buyer.

"Used manufactured home" means any manufactured home other than a new homeas defined in this section.

(1991, c. 555; 1992, c. 223; 1994, c. 671; 2005, c. 430; 2008, c. 350.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-36 > Chapter-4-2 > 36-85-16

§ 36-85.16. Definitions.

As used in this chapter, unless a different meaning or construction isclearly required by the context:

"Board" means the Virginia Manufactured Housing Board.

"Buyer" means the person who purchases at retail from a dealer ormanufacturer a manufactured home for personal use as a residence or otherrelated use.

"Claimant" means any person who has filed a verified claim under thischapter.

"Code" means the appropriate standards of the Virginia Uniform StatewideBuilding Code and the Industrialized Building and Manufactured Home SafetyRegulations adopted by the Board of Housing and Community Development andadministered by the Department of Housing and Community Development pursuantto the National Manufactured Housing Construction and Safety Standards Act of1974 for manufactured homes.

"Defect" means any deficiency in or damage to materials or workmanshipoccurring in a manufactured home which has been reasonably maintained andcared for in normal use. The term also means any failure of any structuralelement, utility system or the inclusion of a component part of themanufactured home which fails to comply with the Code.

"Department" means the Department of Housing and Community Development.

"Director" means the Director of the Department of Housing and CommunityDevelopment, or his designee.

"Fund" or "recovery fund" means the Virginia Manufactured HousingTransaction Recovery Fund.

"Manufactured home" means a structure constructed to federal standards,transportable in one or more sections, which, in the traveling mode, is 8feet or more in width and is 40 feet or more in length, or when erected onsite, is 320 or more square feet, and which is built on a permanent chassisand designed to be used as a dwelling with or without a permanent foundationwhen connected to the required utilities, and includes the plumbing, heating,air conditioning, and electrical systems contained therein.

"Manufactured home broker" or "broker" means any person, partnership,association or corporation, resident or nonresident, who, for compensation orvaluable consideration, sells or offers for sale, buys or offers to buy,negotiates the purchase or sale or exchange, or leases or offers to leaseused manufactured homes that are owned by a party other than the broker.

"Manufactured home dealer" or "dealer" means any person, resident ornonresident, engaged in the business of buying, selling or dealing inmanufactured homes or offering or displaying manufactured homes for sale inVirginia. Any person who buys, sells, or deals in three or more manufacturedhomes in any 12-month period shall be presumed to be a manufactured homedealer. The terms "selling" and "sale" include lease-purchasetransactions. The term "manufactured home dealer" does not include banksand finance companies that acquire manufactured homes as an incident to theirregular business.

"Manufactured home manufacturer" or "manufacturer" means any persons,resident or nonresident, who manufacture or assemble manufactured homes forsale in Virginia.

"Manufactured home salesperson" or "salesperson" means any person who forcompensation or valuable consideration is employed either directly orindirectly by, or affiliated as an independent contractor with, amanufactured home dealer, broker or manufacturer to sell or offer to sell, orto buy or offer to buy, or to negotiate the purchase, sale or exchange, or tolease or offer to lease new or used manufactured homes.

"New manufactured home" means any manufactured home that (i) has not beenpreviously sold except in good faith for the purpose of resale, (ii) has notbeen previously occupied as a place of habitation, (iii) has not beenpreviously used for commercial purposes such as offices or storage, and (iv)has not been titled by the Virginia Department of Motor Vehicles and is stillin the possession of the original dealer. If the home is later sold toanother dealer and then sold to a consumer within two years of the date ofmanufacture, the home is still considered new and must continue to meet allstate warranty requirements. However, if a home is sold from the originaldealer to another dealer and it is more than two years after the date ofmanufacture, and it is then sold to a consumer, the home must be sold as"used" for warranty purposes. Notice of the "used" status of themanufactured home and how this status affects state warranty requirementsmust be provided, in writing, to the consumer prior to the closing of thesale.

"Person" means any individual, natural person, firm, partnership,association, corporation, legal representative, or other recognized legalentity.

"Regulant" means any person, firm, corporation, association, partnership,joint venture, or any other legal entity required by this chapter to belicensed by the Board.

"Responsible party" means a manufacturer, dealer, or supplier ofmanufactured homes.

"Set-up" means the operations performed at the occupancy site which rendera manufactured home fit for habitation. Such operations include, but are notlimited to, transportation, positioning, blocking, leveling, supporting,anchoring, connecting utility systems, making minor adjustments, orassembling multiple or expandable units. Such operations do not includelawful transportation services performed by public utilities operating undercertificates or permits issued by the State Corporation Commission.

"Substantial identity of interest" means (i) a controlling financialinterest by the individual or corporate principals of the manufactured homebroker, dealer, or manufacturer whose license has been revoked or not renewedor (ii) substantially identical principals or officers as the manufacturedhome broker, dealer, or manufacturer whose license has been revoked or notrenewed by the Board.

"Supplier" means the original producer of completed components, includingrefrigerators, stoves, water heaters, dishwashers, cabinets, airconditioners, heating units, and similar components, and materials such asfloor coverings, panelling, siding, trusses, and similar materials, which arefurnished to a manufacturer or a dealer for installation in the manufacturedhome prior to sale to a buyer.

"Used manufactured home" means any manufactured home other than a new homeas defined in this section.

(1991, c. 555; 1992, c. 223; 1994, c. 671; 2005, c. 430; 2008, c. 350.)