Section R4-34-101. Definitions

The definitions in A.R.S. §§ 41-2142, 41-2152, and 41-2157 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 Home- ownership and Economic Opportunity Act of 2000.

2.        “Agency” means, in a brokered transaction, the consen- sual relationship that exists between an agent and the seller or purchaser of a used home when either the pur- chaser or seller authorizes the agent and the agent agrees to the authorization in writing. A licensed salesperson may establish an agency relationship on behalf of the salesperson’s licensed and employing retailer.

3.        “Agency disclosure” means a document that specifies the party or parties that an agent represents in a brokered transaction as a seller’s agent, purchaser’s agent, or dual agent who represents both the seller and purchaser.

4.        “Agent” means a licensed retailer or broker who is autho- rized to act on behalf of either the seller or purchaser of a used home or as a dual agent representing both.

5.        “Branch location” means an office, unit, station, facility, or space at a fixed location other than a principal office, however designated, at which any business that may be conducted at the principal office is transacted.

6.        “Brokered transaction” means a transaction in which a properly licensed broker acts as an agent for the seller, purchaser, or both.

7.        “Co-brokered transaction” means a transaction in which the listing retailer and the selling retailer are not the same person.

8.        “FBB” means factory-built building.

9.        “Lease with option to purchase” means a lease under which the lessee has the right to purchase the leased prop- erty for a specified price and terms.

10.     “New” means a unit or subassembly not previously sold, bargained, exchanged, or given away to a purchaser.

11.     “Offer to purchase in a brokered transaction” means a written proposal to purchase a used home listed for sale that a broker presents to the seller for acceptance or rejec- tion.

12.     “Open subassembly” means that the components of the subassembly can be readily inspected without being dis- assembled.

13.     “Permanent foundation” means a system of support and perimeter enclosure of crawl space that is:

a.        Constructed  of  durable  materials   (e.g.,  concrete, masonry, steel, or treated wood);

b.        Developed in accordance with the manufacturer’s installation instructions or designed by a licensed professional 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, seis- mic, or flood conditions, as applicable, to the under- lying soil or rock;

d.        Designed to exclude unwanted elements and var- mints, ensure sufficient ventilation, and provide ade- quate access to the building; and

e.        Not anchoring straps or cable affixed to ground anchors other than footings.

14.     “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.

15.     “Reconstruction” means construction work performed on a manufactured home, mobile home, or factory-built building for the purpose of restoring the unit to a usable condition, but does not include work limited to remodel- ing, replacing, or repairing appliances or components that will not significantly alter the systems or structural integ- rity of the living area.

16.     “Respond” means to furnish the Office of Manufactured Housing or Office of Administration with a written expla- nation detailing any reasons why a complaint is not justi- fied or the signature of the complainant indicating that the complainant is satisfied with the resolution of the verified complaint.

17.     “Retailer” means a dealer or broker as prescribed at A.R.S. § 41-2142(9) and (5).

18.     “Standards” means the materials incorporated by refer- ence in R4-34-102.

19.     “Supplement” means a submittal of not more than two sheets of paper that indicates floor plan dimensional sizes, does not change more than 25% of a system or con- figuration, and is incorporated as part of an originally approved plan.

20.     “Technical service” means engineering assistance and interpretative application or clarification of compliance and enforcement of A.R.S. Title 41, Chapter 16, Articles 1, 2, and 4 and this Chapter.

21.     “Typical plan” means a design plan that may be dupli- cated numerous times.

22.     “Used home” means a used unit that is a previously titled manufactured home, mobile home, or factory-built build- ing designed for use as a residential dwelling.

Historical Note

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).