§ 51:911.22 — Definitions

Louisiana § 51:911.22

• Jurisdiction: Louisiana
• Title 51: Trade and Commerce

Text

§911.22. Definitions
As used in this Part, unless the context requires a different definition:
(1)(a) "Code" for manufactured housing means the National Manufactured Home
Construction and Safety Standards Act of 1974, 42 U.S.C. 5401 et seq., as amended, and
federal regulations promulgated pursuant thereto, along with any construction or installation-related standards adopted by the Louisiana Manufactured Housing Commission.
(b) "Code" for modular housing means the International Residential Code as adopted
by the Louisiana State Uniform Construction Code Council.
(2) "Commission" means the Louisiana Manufactured Housing Commission.
(3) "Criminal history record information" means conviction information collected
by criminal justice agencies on individuals.
(4)(a) "Developer" means any person, group of persons, firm, partnership,
corporation, association, company, or legal entity that sells, leases, or offers for sale or lease
to the public a lot together with the sale of a manufactured home permanently installed and
fixed on a foundation on the lot and designed as a single family residence. For purposes of
this Part, "developer" includes "contractors" and "residential contractors" as defined in R.S.
37:2150.1.
(b) "Developer" shall not include any of the following:
(i) An individual selling his personal residence.
(ii) A real estate broker or real estate salesman retained by a person to sell a
manufactured home together with a lot on which the manufactured home has been installed
and fixed on a foundation.
(iii) A federally insured financial institution, its subsidiaries, or affiliates.
(5) "Distributor" means any person, firm, association, corporation, limited liability
company, or trust, resident or nonresident, who in whole or in part sells or supplies
manufactured housing to dealers or who maintains distributor sales representatives.
(6) "Distributor sales representative" means any officer, agent, or employee
employed for the purpose of promoting the sale of manufactured housing or for supervising
or contacting their dealers or prospective dealers.
(7) "Extraordinary circumstances" means a federally declared disaster, a
gubernatorially declared disaster or emergency, a pandemic, or an illness or emergency
medical condition.
(8) "Manufactured home" and "manufactured housing" mean a factory-built,
residential dwelling unit constructed to standards and codes, as promulgated by the United
States Department of Housing and Urban Development (HUD), under the National
Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. 5401 et
seq., as amended. Further, the terms "manufactured home" and "manufactured housing" may
be used interchangeably and apply to structures bearing the permanently affixed seal of the
United States Department of Housing and Urban Development.
(9) "Manufactured home broker" means an individual agent who acts as an
intermediary or negotiator between a buyer and a seller.
(10) "Manufacturer" means any person who manufactures manufactured or modular
housing.
(11) "Mobile home" means a factory-built, residential dwelling unit built to voluntary
standards prior to the passage of the National Manufactured Housing Construction and Safety
Standards Act of 1974. This term includes and is interchangeable with the term "house
trailer", but does not include the term "manufactured home", as only manufactured homes
are built to federal construction standards.
(12) "Modular home" and "modular housing" mean a factory-built, residential
dwelling unit built to the International Residential Code as adopted by the Louisiana State
Uniform Construction Code Council.
(13) "Person" means a natural person, association, or group of natural persons,
partnership, company, corporation, institution, or legal entity.
(14) "Retailer" means any person who is engaged wholly or in part in the business
of buying, selling, distributing, brokering, or exchanging an interest in a manufactured or
modular home with the intent to make a profit, monetary gain, or any thing of economic
value. Any person who buys, sells, distributes, brokers, or exchanges an interest in more
than one such manufactured or modular home in any twelve-month period shall be presumed
to be a retailer. "Retailer" shall not include any of the following:
(a) Public officers while performing their official duties.
(b) Receivers, trustees, administrators, executors, guardians, or other persons
appointed by or acting under the judgment or order of any court.
(c) Banks, finance companies, or other loan agencies whose principal place of
business is in Louisiana that acquire manufactured housing as an incident to their regular
business.
(d) A developer, or a contractor licensed as a developer under the provisions of R.S.
51:911.24, or a real estate broker or real estate salesman retained by a person to sell a
manufactured home together with immovable property on which the manufactured home is
located.
(e) A manufactured housing community or park owner that sells less than three
manufactured homes in a twelve-month period, provided the community or park owner has
owned and leased the manufactured home being sold for more than one year.
(15) "Salesman" means any person employed by a retailer or developer for purposes
of selling manufactured or modular housing to the public.
(16) "Seal" or "label" means the permanently affixed device or insignia issued by the
United States Department of Housing and Urban Development (HUD) or other authority
having jurisdiction that is displayed on the exterior of a factory-built manufactured or
modular home, certifying that the home is in compliance with the applicable Code.
(17) "Transporter" means an individual who transports a manufactured or modular
home to a site of installation but does not perform any blocking or anchoring of the home,
except a transporter is allowed to put blocks under the hitch on the tongue of the frame.
NOTE: See Acts 1984, No. 576, §3.

Legislative History

Acts 1974, No. 281, §1; Acts 1979, No. 589, §1; Acts 1981, No. 895, §1; Acts 1982, No. 211, §1, eff. July 15, 1982; Acts 1982, No. 565, §1, eff. July 22, 1982. Acts 1984, No. 576, §1 and §2; Acts 1984, No. 577, §1; Acts 1985, No. 275, §1; Acts 1987, No. 425, §1; Acts 2001, No. 718, §2; Acts 2002, 1st Ex. Sess., No. 82, §1, eff. April 18, 2002; Acts 2003, No. 661, §1; Acts 2004, No. 419, §1, eff. July 1, 2004; Acts 2007, No. 441, §1; Acts 2008, No. 825, §1; Acts 2010, No. 1018, §1; Acts 2017, No. 221, §1; Acts 2021, No. 29, §2; Acts 2023, No. 349, §1.