Tennessee § 68-126-202 - Part definitions.

§ 68-126-202. Part definitions.

As used in this part, unless the context otherwise requires: “Commissioner” means the commissioner of commerce and insurance or the commissioner's designee; “Manufactured home” means a structure, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width, or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure; except that “manufactured home” includes any structure that meets all the requirements of this subdivision (2), except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary and complies with the standards established under this title; “Manufacturer” means any person engaged in manufacturing or assembling new manufactured homes; “Mobile home” means a structure manufactured before June 15, 1976, that is not constructed in accordance with the National Manufactured Home Construction and Safety Standards Act of 1974, compiled in 42 U.S.C. § 5401 et seq. It is a structure that is transportable in one (1) or more sections that in the traveling mode is eight (8) body-feet or more in width and forty (40) body-feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet and that is built on a chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes any plumbing, heating, air conditioning and electrical systems contained in the structure; “Personal use” means use of property by a person or entity not for business purposes and the use of which is not substantially connected with a trade or business or an activity for the production or collection of income; “Retailer” means any person: Engaged in the sale, leasing, or distribution of new manufactured homes primarily to persons who in good faith purchase or lease a manufactured home for purposes other than resale; or Engaged in the sale, leasing, or distribution of used manufactured homes; “Retailer” does not include any person who sells or leases a manufactured home, if such manufactured home was owned for such person's personal use prior to such sale or lease; any person or persons owning manufactured homes for the purpose of renting or leasing only; or any financial institution that is engaged in the sale, leasing, or distribution of new and used manufactured homes; “Secretary” means the secretary of the United States department of housing and urban development; and “Set up” means installation of the manufactured home according to the manufacturer's installation instructions or those provided in § 68-126-403(c)(2), (3), and (4) for new manufactured homes and in § 68-126-403(d)(2), (3), and (4) for used manufactured homes, and includes, but is not limited to: site preparation; support structures, including footings, piers, caps, and shims; anchoring systems; ground moisture barriers; connection, fastening, moisture barrier installation between sections, and roofing dry-in of multi-sections; HVAC duct connections; plumbing and electrical crossover connections; completion of exterior siding; installation of heating application ventilation systems or fireplace chimney systems; and completion of hinged-roof sections. Acts 1979, ch. 310, § 2; 1981, ch. 301, §§ 1, 3-5; 1982, ch. 732, §§ 1-3; T.C.A., § 68-4822; Acts 1987, ch. 120, §§ 3-6; T.C.A., § 68-36-202 ; Acts 2002, ch. 793, §§ 1-4; 2003, ch. 80, §§ 1, 5; 2005, ch. 379, §§ 2-4; 2015, ch. 483, §§ 1, 2. Compiler's Notes. Former title 68, ch. 36, parts 1-4 were transferred to title 68, ch. 126, parts 1-4 in 1992. See the parallel reference table in § 68-126-101 for the former and new section locations. Amendments. The 2015 amendment inserted “new” preceding “manufactured homes” in the definition of “Manufacturer” and added the definition of “Personal use”. Effective Dates. Acts 2015, ch. 483, § 8. January 1, 2016; May 20, 2015, for the purpose of promulgating rules. Cited: Williams v. Fox, 219 S.W.3d 319, 2007 Tenn. LEXIS 275 (Tenn. 2007); Smith County Reg'l Planning Comm'n v. Hiwassee Vill. Mobile Home Park, LLC, 304 S.W.3d 302, 2010 Tenn. LEXIS 30 (Tenn. Jan. 22, 2010).