58-4202. Same; definitions.
58-4202
58-4202. Same; definitions.As used in the Kansas manufactured housing act,unless the contextclearly requires otherwise:
(a) "Manufactured home" means a structure which is subject to the federalact and which is transportable inoneor more sections which, in the travelingmode, is 8 body feet or more in width or 40 body feet or more in length,or, when erected on site, is 320 or more square feet and which is builtona permanent chassis and designed to be used as a dwelling, with or withoutpermanent foundation, when connected to the required utilities, andincludes the plumbing, heating, air conditioning and electrical systemscontained therein, andsuch term shall include any structure which meets all the requirements of thissubsection except the size requirements and with respect to which themanufacturer voluntarily files with the United States department of housing andurban development a certification required by the secretary of housing andurban development and complies with the standards established under the federalact, except that such term shall not include any self-propelledrecreational vehicle.
(b) "Mobile home" means a structure which is not subject to the federalact and which is transportablein one or more sections which, in the travelingmode, is 8 body feet or more in width and 36 body feet or more in lengthand is built on a permanent chassis and designed to be used as a dwelling,with or without a permanent foundation, when connected to the requiredutilities, and includes the plumbing, heating, air conditioning andelectrical systems contained therein.
(c) "Modular home" means a structure which is: (1) Transportable in oneor more sections; (2)designedto be used as a dwelling on a permanent foundation when connected to therequired utilities, and includes the plumbing, heating, air conditioningand electrical systems contained therein; and (3) certifiedby itsmanufacturer as being constructed in accordance with a nationallyrecognized building code.
(d) "Factory-built home" means a mobile home, manufactured home or modularhome.
(e) "Division" means the division of vehicles of the department of revenue.
(f) "Director" means the director of vehicles, either acting directly orthrough officers or agents of the division of vehicles of the department ofrevenue.
(g) "Manufactured home dealer" or "dealer" means any person who, forcommission, money or other thing of value, is engaged in the business of:
(1) Buying, selling or offering or attempting to negotiate a sale of aninterest in manufactured homes or mobile homes; or
(2) buying, selling or offering or attempting to negotiate a sale of aninterest in manufactured homes or mobile homes for other persons as anagent, middleman or negotiator; or
(3) bringing together buyers and sellers of manufactured homes or mobilehomes.
(h) "New manufactured home dealer" means any manufactured home dealerwho is a party to a manufactured home sales agreement with a manufacturedhome manufacturer, which manufactured home sales agreement authorizes themanufactured home dealer to sell, exchange or transfer new manufacturedhomes or parts and accessories made or sold by suchmanufactured home manufacturer, and authorizes themanufactured home dealerto fulfill the warranty commitments of such manufactured home manufacturer.
(i) "Used manufactured home dealer" means any person actively engaged inthe business of buying, selling or exchanging used manufactured homes or mobilehomes.
(j) "Manufactured home manufacturer" or "manufacturer" means anyperson who manufactures,assembles and sells new manufactured homes, subject to regulation pursuantto the federal act, to newmanufactured home dealers for resale in this state, whether such person islocated within or outside the state of Kansas.
(k) "Salesperson" means any person who is employed asa salesperson by a manufactured home dealer to sell manufactured homes ormobile homes.
(l) "Factory representative" means a representative employed by amanufactured home manufacturer for the purpose of making or promoting thesale of its new manufactured homes to new manufactured homedealers, or for advertising or contacting its new manufactured homedealers withrespect to the promotion and sale of manufactured homes andparts or accessories for the same.
(m) "Manufactured home sales agreement" means a contract between themanufacturer of manufactured homes and a new manufacturedhome dealer, by which the dealer is entitled to purchase new manufacturedhomes from the manufacturer for resale within this state.
(n) "Broker" means any person who, for commission, money or other thingof value, is engaged in the business of:
(1) Selling or buying manufactured homes or mobile homes for otherpersons as an agent, middleman or negotiator; or
(2) bringing together buyers and sellers of manufactured homes or mobilehomes, but such term shall not include any person engaged in a business inwhich the acts described in this subsection are only incidentally performed.
(o) "Lending agency" means any person, desiring to be licensed underthis act and engaged in the business of financing or lending money to anyperson to be used in the purchase or financing of a manufactured home or mobilehome.
(p) "Established place of business" means a building or structure, otherthan a building or structure all or part of which is occupied or used as aresidence, owned either in fee or leased and designated as an office orplace to receive mail and keep records and conduct the routine of business.To qualify as an established place of business, there shall be locatedtherein an operable telephone which shall be listed with the telephonecompany under the name of the licensee.
(q) "Supplemental place of business" means a business location otherthan that of the established place of business.
(r) "Licensee" means any person issued a valid license pursuant to theKansas manufactured housing act.
(s) "Person" means any natural person, partnership, firm, corporation orassociation.
(t) "Electronic certificate of title" means any electronic record ofownership, including any lien or liens that may be recorded, retained by thedivision in accordance with K.S.A. 58-4204a, and amendments thereto.
(u) "Apprentice installer" means a person who is licensed as an apprenticeinstallerpursuant to this act.
(v) "Corporation" means the Kansas housing resources corporation, anot-for-profit subsidiary of the Kansas development finance authorityincorporated pursuant to K.S.A. 74-8904(v).
(w) "Federal act" means the national manufactured housingconstruction and safety standards act of 1974 (42 U.S.C. §§ 5401et seq.,and amendments thereto), as constituted on the effective date of this act.
(x) "Installation standards" means the standards adopted by the corporationforthe installationand siting of manufactured homes.
(y) "Installer" means a person engaged in the business of installingmanufactured homes.
(z) "Licensed installer" means an installer who has met the requirementsset forth in this act and rules and regulations promulgated hereunder and hasbeen issued a manufactured home installer's license by the president.
(aa) "Municipality" means any city or county in this state.
(bb) "President" means the president of the Kansas housing resourcescorporation.
History: L. 1991, ch. 33, § 2;L. 2002, ch. 48, § 5;L. 2005, ch. 109, § 1; Apr. 21.