HB 49 — MANUFACTURED HOUSING ACT DEFINITIONS

HOUSEAN BILLACT 49RELATING 54THTO LEGISLATUREMANUFACTURED -HOUSING; STATEOFNEWMEXICO- FIRST SESSIO, 2019 INTRODUCED BY Rodolpho "Rudy" S.

Martinez and Peter Wirth 6 8 10 AN ACT RELATING TO MANUFACTURED HOUSING;

145 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

e t 17 "60-14-2.

DEFINITIONS.--As used in the Manufactured w l n d 18 Housing Act:

= = 19 A.

"broker" means any person who, for a fee, a l i a e r 20 commission or valuable consideration, lists, sells, offers for a t m m 21 sale, exchanges, offers to exchange, rents or leases or offers d r e 22 to rent or lease pre-owned manufactured homes for another c e s k 23 person or who negotiates, offers to negotiate, locates or e a n b 24 brings together a buyer and a seller or offers to locate or u [ bring together a buyer and a seller in conjunction with the .211693.1 sale, exchange, rental or lease of a pre-owned manufactured home.

"certificate of qualification" means a HB 49 certificate issued by the division to a qualifying party;

Page 1 C.

"dealer" means any person engaged in the business of buying for resale, selling or exchanging e e 17 manufactured homes or offering manufactured homes for sale, e e n d 18 exchange or lease-purchase to consumers.

No person shall be = = l ] 19 considered a dealer unless engaged in the sale, exchange or a l r i 20 lease-purchase of two or more manufactured homes to consumers t e a t in any consecutive twelve-month period.

A dealer may also m m 21 e d r e 22 engage in any brokerage activities included under the c e r c 23 definition of broker in this section;

provided that "dealer" e a n b 24 shall not include:

u [ (1) receivers, trustees, administrators, .211693.1 - 2 - executors, guardians or other persons appointed by or acting under judgment, decree or order of any court;

"director" means the director of the [manufactureddivision; housing ] division [and the construction industries division of the regulation and licensing department];

"division" means the manufactured housing HB 49 Page 2 division of the regulation and licensing department;

"inspection agency" means any firm, partnership, corporation, association or any combination thereof approved in accordance with regulations adopted by the division as having the personnel and equipment available to adequately inspect for e e 17 the proper construction of manufactured homes or house trailers e e n d 18 not used exclusively for recreational purposes;

= = l ] 19 I.

"inspector" means a person appointed by the a l r i 20 division as being qualified to adequately inspect the t e a t construction, electrical installations and mechanical m m 21 e d r e 22 installations of manufactured homes and their repair and c e r c 23 modification, as well as the installation, tie-downs, blocking, e a n b 24 skirting and water, gas and sewer connections of any u [ manufactured homes in New Mexico;

.211693.1 - 3 - J.

"manufactured home" means a movable or portable HB 49 Page 3 housing structure over thirty-two feet in length or over eight feet in width constructed to be towed on its own chassis and designed to be installed with or without a permanent foundation for human occupancy as a residence and that may include one or more components that can be retracted for towing purposes and subsequently expanded for additional capacity or may be two or e e 17 more units separately towable but designed to be joined into e e n d 18 one integral unit, as well as a single unit.

"Manufactured = = l ] 19 home" does not include recreational vehicles or modular or a l r i 20 premanufactured homes, built to Uniform Building Code t e a t standards, designed to be permanently affixed to real property.

m m 21 e d r e 22 "Manufactured home" includes any movable or portable housing c e r c 23 structure over twelve feet in width and forty feet in length e a n b 24 that is used for nonresidential purposes;

u [ N.

"permit" means a certificate issued by the .211693.1 - 4 - division to the dealer or installer of a manufactured home indicating that the manufactured home meets the minimum requirements for occupancy provided for by codes or regulations of the division;

"qualifying party" means any individual who submits to the examination for a license, other than a HB 49 Page 4 broker's or salesperson's license, to be issued under the Manufactured Housing Act to a licensee, other than an individual, and who after passing such an examination is responsible for the licensee's compliance with the requirements of that act and with the rules, regulations, codes and standards adopted and promulgated in accordance with the provisions of the Manufactured Housing Act;

e e 17 Q.

"repairman" means any person who, for e e n d 18 remuneration or consideration, modifies, alters or repairs the = = l ] 19 structural, mechanical or electrical systems of a manufactured a l r i 20 home;

and t e a t R.

"salesperson" means any person who for any form m m 21 e d r e 22 of compensation sells or lease-purchases or offers to sell or c e r c 23 lease-purchase manufactured homes to consumers as an employee e a n b 24 or agent of a dealer." u [ SECTION 2.

EFFECTIVE DATE.--The effective date of the .211693.1 - 5 - provisions of this act is July 1, 2019.

-HB 649 -Page 45 625 8 10 12 14 16 e e 17 e e n d 18 = = l ] 19 a l r i 20 t e a t m m 21 e d r e 22 c e r c 23 e a n b 24 u [ .211693.1