700.010. Definitions. — As used in sections 700.010 to 700.500, for the purpose of sections 700.010 to 700.500, the following terms mean:
(1) "Authorized representative", any person, firm or corporation, or employee thereof, approved or hired by the commission to perform inspection services;
(2) "Code", the standards relating to manufactured homes, or modular units as adopted by the commission. The commission, in its discretion, may incorporate, in whole or in part, the standards codes promulgated by the American National Standards Institute, the United States Department of Housing and Urban Development or other recognized agencies or organizations;
(3) "Commission", the public service commission;
(4) "Dealer", any person, other than a manufacturer, who sells or offers for sale four or more used homes or one or more new manufactured homes, or one or more new modular units in any consecutive twelve-month period;
(5) "Installer", an individual who is licensed by the commission to install manufactured homes under sections 700.650 to 700.692;
(6) "Manufactured home", structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or, when erected on site, is three hundred twenty 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 therein. The term includes any structure that meets all of the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the United States Secretary of Housing and Urban Development and complies with the standards established under Title 42 of the United States Code;
(7) "Manufacturer", any person who manufactures manufactured homes, or modular units, including persons who engage in importing manufactured homes, or modular units for resale;
(8) "Modular unit", a transportable building unit designed to be used by itself or to be incorporated with similar units at a point-of-use into a modular structure to be used for residential, commercial, educational or industrial purposes. This definition shall not apply to structures under six hundred fifty square feet used temporarily and exclusively for construction site office purposes;
(9) "New", being sold or offered for sale to the first purchaser for purposes other than resale;
(10) "Person", an individual, partnership, corporation or other legal entity;
(11) "Premises", a lot, plot, or parcel of land including the buildings, structures, and manufactured homes thereon;
(12) "Recreational park trailer", a recreational park trailer as defined in the American National Standards Institute (ANSI) A119.5 Standard on Recreational Park Trailers. A recreational park trailer is not a recreational vehicle;
(13) "Recreational vehicle", a recreational vehicle as defined in the American National Standards Institute (ANSI) A119.2 Standard on Recreational Vehicles;
(14) "Seal", a device, label or insignia issued by the public service commission, U.S. Department of Housing and Urban Development, or its agent, to be displayed on the exterior of the manufactured home, or modular unit to evidence compliance with the code;
(15) "Setup", the operations performed at the occupancy site which renders a manufactured home or modular unit fit for habitation, which operations include, but are not limited to, moving, blocking, leveling, supporting, and assembling multiple or expandable units.
Notes of Decisions
State Ex Rel. Mobile Home Estates, Inc. v. Pub. Serv. Comm'n, 921 S.W.2d 5 (Mo. Ct. App. 1996).
· cites it 11× “020 is not a part of the Manufactured Homes Standards, which are set out solely in Sections 700.010 through 700.115. Rather, it is one of the provisions relating to Merchandising Practices.”
Conseco Fin. Servicing Corp. v. Missouri Dep't of Revenue, 98 S.W.3d 540 (Mo. 2003).
· cites it 4× “ty, and either: (a) Failure by a renter of real property to pay any required rent for fifteen consecutive days, along with the discontinuation of utility service to the rented property for such period; or (b) Indication of or notice of abandonment of real property rented from a…”
Dimmitt v. Progressive Cas. Ins. Co., 92 S.W.3d 789 (Mo. 2003).
· cites it 3× “…concur. 1 . The home possessed by Jennifer Dimmitt falls within the statutory definition of a manu-factored home. See section 700.010(5) RSMo 2000.”
Normandy Sch. Dist. v. City of Pasadena Hills, 70 S.W.3d 488 (Mo. Ct. App. 2002).
· cites it 3× “If a manufactured home or modular unit carries a seal as provided in sections 700.010 to 700.115, no agency of this state, nor any municipality or other local governmental body shall require such manufactured home or modular unit to comply with any other building, plumbing,…”
In Re Est. of Parker, 25 S.W.3d 611 (Mo. Ct. App. 2000).
· cites it 2× “The probate judge found: that the mobile home Rosa and Charles purchased as joint tenants was a “manufactured home” as defined in § 700.010(5) RSMo Supp. 1999; that the mobile home remained the personal property of Charles and Rosa unless thereafter converted to real property…”
Meyers v. Johnson, 182 S.W.3d 278 (Mo. Ct. App. 2006).
· cites it 3× “Section 700.010(5) RSMo (2000) defines a manufactured home to include a factory-built structure which, when erected on site, contains 320 or more square feet.”
Moon v. Hurd (In Re Hurd), 441 B.R. 116 (8th Cir. BAP 2010).
· cites it 2× “The title of Chapter 700 of the Missouri Revised Statutes refers to manufactured homes and mobile homes synonymously.”
Heirigs v. Heirigs, 34 S.W.3d 835 (Mo. Ct. App. 2000).
· cites it 5× “1, RSMo 1994, which provides that the owner of any new or used manufactured home, as defined in § 700.010, 3 shall make application to the Director of Revenue for an official certificate of title to such manufactured home in the manner prescribed by law for acquisition of…”
Wintercreek Apts. v. City of St. Peters, 682 F. Supp. 989 (E.D. Mo. 1988).
· cites it 2× “" Mo.Rev.Stat. § 700.010(7) (1988). It is undisputed that CII's modular units meet this definition and otherwise comply with Missouri regulations pertaining to modular units.”
Copelco Leasing Corp. v. Eyerman, 855 F. Supp. 1049 (E.D. Mo. 1994).
· cites it 2× “The term "trailer" shall not include cotton trailers as defined in subdivision (8) of this section and shall not include manufactured homes as defined in section 700.010 R.S.Mo. Although the parties, as well as the Court, have consistently referred to the subject of the lease to…”
Kansas City Cmty. Ctr. v. Heritage Indus., Inc., 773 F. Supp. 181 (W.D. Mo. 1991).
· cites it 2× “035 states: If a manufactured home, recreational vehicle or modular unit carries a seal as provided in sections 700.010 to 700.115, no agency of this state, nor any municipality or other local government body shall require such manufactured home, recreational vehicle, or modular…”
State ex rel. Amega Sales, Inc. v. Missouri Pub. Serv. Comm'n, 186 S.W.3d 771 (Mo. Ct. App. 2006).
“It also has jurisdiction over manufactured home manufacturers and dealers, pursuant to the provisions of Chapter 700, RSMo, and is specifically responsible for implementing the “Manufactured Home Standards” (MHS) that are codified in §§ 700.010— .115. The Director is a member of…”
— Mo. Rev. Stat. § 700.010(5) — 4 cases
Dimmitt v. Progressive Cas. Ins. Co., 92 S.W.3d 789 (Mo. 2003).
“…concur. 1 . The home possessed by Jennifer Dimmitt falls within the statutory definition of a manu-factored home. See section 700.010(5) RSMo 2000.”
In Re Est. of Parker, 25 S.W.3d 611 (Mo. Ct. App. 2000).
“The probate judge found: that the mobile home Rosa and Charles purchased as joint tenants was a “manufactured home” as defined in § 700.010(5) RSMo Supp. 1999; that the mobile home remained the personal property of Charles and Rosa unless thereafter converted to real property…”
Meyers v. Johnson, 182 S.W.3d 278 (Mo. Ct. App. 2006).
“Section 700.010(5) RSMo (2000) defines a manufactured home to include a factory-built structure which, when erected on site, contains 320 or more square feet.”
Heirigs v. Heirigs, 34 S.W.3d 835 (Mo. Ct. App. 2000).
“1, RSMo 1994, which provides that the owner of any new or used manufactured home, as defined in § 700.010, 3 shall make application to the Director of Revenue for an official certificate of title to such manufactured home in the manner prescribed by law for acquisition of…”
— Mo. Rev. Stat. § 700.010(6) — 1 case
Moon v. Hurd (In Re Hurd), 441 B.R. 116 (8th Cir. BAP 2010).
“The title of Chapter 700 of the Missouri Revised Statutes refers to manufactured homes and mobile homes synonymously.”
— Mo. Rev. Stat. § 700.010(7) — 1 case
Wintercreek Apts. v. City of St. Peters, 682 F. Supp. 989 (E.D. Mo. 1988).
“" Mo.Rev.Stat. § 700.010(7) (1988). It is undisputed that CII's modular units meet this definition and otherwise comply with Missouri regulations pertaining to modular units.”
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