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RULE §80.2Definitions

Terms used herein that are defined in the Code and the Standards Act have the meanings ascribed to them therein. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

  (1) APA--Administrative Procedure Act, Texas Government Code, Chapter 2001.

  (2) Business days--Includes every day on the calendar except Saturday, Sunday, and federal and state holidays. If there is a time limitation of five (5) days or less, within the Standards Act, it is business days unless specified otherwise.

  (3) Chattel Mortgage--Any loan that is not subject to the Real Estate Settlement Procedures Act (RESPA).

  (4) Coastline--The shoreline that forms the boundary between the land and the Gulf of Mexico or a bay or estuary connecting to the Gulf of Mexico that is more than five miles wide.

  (5) Cosmetic--Matters of flaws and finish, appearance, materials or workmanship not covered by 24 CFR Part 3280.

  (6) Credit document--Any executed written agreements between the consumer and creditor that describe or are required in connection with an actual credit transaction.

  (7) Creditor--A person involved in a credit transaction who:

    (A) extends or arranges the extension of credit; or

    (B) is a retailer or broker as defined in the Standards Act and participates in arranging for the extension of credit.

  (8) Custom designed stabilization system--An anchoring and support system that is not an approved method as prescribed by the state generic standards, manufacturer's installation instructions, or other systems pre-approved by the Department.

  (9) Dangerous conditions--Any condition which, if present, would constitute an imminent threat to health or safety.

  (10) DAPIA--The Design Approval Primary Inspection Agency.

  (11) Department or TDHCA--The Manufactured Housing Division of the Texas Department of Housing and Community Affairs (TDHCA).

  (12) Deposits--Money or other consideration given by a consumer to a retailer, salesperson, or agent of a retailer to hold a manufactured home in inventory for subsequent purchase or to confirm the agreed price on a home to be specially ordered.

  (13) Down Payment--An amount, including the value of any property used as a trade-in, paid to a retailer to be applied to the purchase price of a manufactured home, including any goods or services that are a part of that transaction.

  (14) Dwelling unit--One or more habitable rooms which are designed to be occupied for living.

  (15) FMHCSS--Federal Manufactured Home Construction and Safety Standards that implement the National Manufactured Home Construction and Safety Standards Act of 1974, 42 USC 5401, et seq., as amended from time to time.

  (16) Frost Line Zone--An area in Texas designated by the Department, as having a frost line depth to consider when conforming with federal rules.

  (17) Independent testing laboratory--An agency or firm that tests products for conformance to standards and employs at least one engineer or architect licensed in at least one state.

  (18) Inventory Lender--A person that is involved in extending credit for inventory financing secured by manufactured housing.

  (19) IPIA--The Production Inspection Primary Inspection Agency which evaluates the ability of manufactured home manufacturing plants to follow approved quality control procedures and/or provides ongoing surveillance of the manufacturing process.

  (20) Long-Term Lease--For the purpose of determining whether or not the owner of a manufactured home may elect to treat the home as real property, is a lease on land to which the manufactured home has been attached and which:

    (A) has been approved by each lienholder for the manufactured home by placing on file with the Department written consent to have the home treated as real property; or

    (B) is for at least five years if the home is not financed.

  (21) Main frame--A chassis or structure serving a similar purpose.

  (22) Manufactured home identification numbers--HUD label number, serial number, or Texas seal number. For the purpose of maintaining ownership and location records, including the perfection of liens, the numbers shall include the HUD label number(s) and the serial number(s) imprinted or stamped on the home in accordance with HUD departmental regulations. For homes manufactured prior to June 15, 1976, the Texas seal number, as issued by the Department, shall be used instead of the HUD label number. If a home manufactured prior to June 15, 1976, does not have a Texas seal, or if a home manufactured after June 15, 1976, does not have a HUD label, a Texas seal shall be purchased from the Department and attached to the home in upper left corner on the end opposite the tongue end and used for identification in lieu of the HUD label number.

  (23) Manufactured home site--That area of a lot or tract of land on which a manufactured home is or will be installed.

  (24) Permanent foundation--A foundation which meets the requirements of §80.21 of this chapter (relating to Requirements for the Installation of Manufactured Homes) and was constructed according to drawings, as required by that section, which state that the foundation is a permanent foundation for a manufactured home.

  (25) Promptly--Means within the time prescribed by the Standards Act, these Rules, and any administrative order (including any properly granted extension) or, in the case of a matter that constitutes an imminent threat to health or safety, as quickly as reasonably possible.

  (26) Seriousness of Violation--Pursuant to Section 1201.605(c)(1) of the Texas Occupations Code the Department shall assess a higher administrative penalty if the consumer harm or burden is great, as a result of the violation.

  (27) Stabilization systems--A combination of the anchoring and support system. It includes, but is not limited to the following components:

    (A) Anchoring components--Any component which is attached to the manufactured home and is designed to resist the horizontal and vertical forces imposed on the manufactured home as a result of wind loading. These components include, but are not limited to auger anchors, rock anchors, slab anchors, ground anchors, stabilizing devices, connection bolts, j-hooks, buckles, and split bolts.

    (B) Anchoring equipment--Straps, cables, turnbuckles, tubes, and chains, including tensioning devices, which are used with ties to secure a manufactured home to anchoring components or other devices.

    (C) Anchoring systems--Combination of ties, anchoring components, and anchoring equipment that will resist overturning and lateral movement of the manufactured home from wind forces.

    (D) Diagonal tie--A tie intended to primarily resist horizontal forces, but which may also be used to resist vertical forces.

    (E) Footing--That portion of the support system that transmits loads directly to the soil.

    (F) Ground anchor--Any device at the manufactured home site designed to transfer manufactured home anchoring loads to the ground.

    (G) Longitudinal ties--Designed to prevent lateral movement along the length of the home.

    (H) Shim--A wedge-shaped piece of hardwood or other registered component not to exceed one (1) inch vertical (actual) height.

    (I) Stabilizing components--All components of the anchoring and support system such as piers, footings, ties, anchoring equipment, ground anchors and any other equipment, which supports the manufactured home and secures it to the ground.

    (J) Support system--A combination of footings, piers, caps and shims that support the manufactured home.

    (K) Vertical tie--A tie intended primarily to resist the uplifting and overturning forces.

Source Note: The provisions of this §80.2 adopted to be effective December 30, 2007, 32 TexReg 8790; amended to be effective June 21, 2009, 34 TexReg 3254; amended to be effective January 7, 2018, 42 TexReg 6921; amended to be effective December 8, 2019, 44 TexReg 6870

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