71-4603 Terms, defined. - Nebraska Statutes

71-4603. Terms, defined.For purposes of the Uniform Standard Code for Manufactured Homes andRecreational Vehicles, unless the context otherwise requires:(1) Camping trailer means a vehicular portable unit mounted on wheelsand constructed with collapsible partial side walls which fold for towingby another vehicle and unfold at the campsite to provide temporary livingquarters for recreational, camping, or travel use;(2) Commission means the Public Service Commission;(3) Dealer means a person licensed by the state pursuant to the Motor Vehicle Industry RegulationAct as a dealer in manufactured homes or recreational vehiclesor any other person, other than a manufacturer, who sells, offers to sell,distributes, or leases manufactured homes or recreational vehicles primarilyto persons who in good faith purchase or lease a manufactured home or recreationalvehicle for purposes other than resale;(4) Defect means a failure to conform to an applicable constructionstandard that renders the manufactured home or recreational vehicle or anycomponent of the manufactured home or recreational vehicle not fit for theordinary use for which it was intended but does not result in an unreasonablerisk of injury or death to occupants;(5) Distributor means any person engaged in the sale and distributionof manufactured homes or recreational vehicles for resale;(6) Failure to conform means a defect, a serious defect, noncompliance,or an imminent safety hazard related to the code;(7) Fifth-wheel trailer means a unit mounted on wheels, designed toprovide temporary living quarters for recreational, camping, or travel use,of such size or weight as not to require a special highway movement permit,of gross trailer area not to exceed four hundred square feet in the setupmode, and designed to be towed by a motorized vehicle that contains a towingmechanism that is mounted above or forward of the tow vehicle's rear axle;(8) Gross trailer area means the total plan area measured on the exteriorto the maximum horizontal projections of exterior wall in the setup mode andincludes all siding, corner trims, moldings, storage spaces, expandable roomsections regardless of height, and areas enclosed by windows but does notinclude roof overhangs. Storage lofts contained within the basic unit shallhave ceiling heights less than five feet and shall not constitute additionalsquare footage. Appurtenances, as defined in subdivision (2)(k) of section 60-6,288, shall not be considered in calculating the gross trailer area asprovided in such subdivision;(9) Imminent safety hazard means a hazard that presents an imminentand unreasonable risk of death or severe personal injury;(10) Manufactured home means a structure, transportable in one or moresections, which in the traveling mode is eight body feet or more in widthor forty body feet or more in length or when erected on site is three hundredtwenty or more square feet and which is built on a permanent chassis and designedto be used as a dwelling with or without a permanent foundation when connectedto the required utilities and includes the plumbing, heating, air conditioning,and electrical systems contained in the structure, except that manufacturedhome includes any structure that meets all of the requirements of this subdivisionother than the size requirements and with respect to which the manufacturervoluntarily files a certification required by the United States Secretaryof Housing and Urban Development and complies with the standards establishedunder the National Manufactured Housing Construction and Safety StandardsAct of 1974, as such act existed on September 1, 2001, 42 U.S.C. 5401 et seq.;(11) Manufactured-home construction means all activities relating tothe assembly and manufacture of a manufactured home, including, but not limitedto, activities relating to durability, quality, and safety;(12) Manufactured-home safety means the performance of a manufacturedhome in such a manner that the public is protected against any unreasonablerisk of the occurrence of accidents due to the design or construction of suchmanufactured home or any unreasonable risk of death or injury to the useror to the public if such accidents do occur;(13) Manufacturer means any person engaged in manufacturing, assembling,or completing manufactured homes or recreational vehicles;(14) Motor home means a vehicular unit primarily designed to providetemporary living quarters which are built into an integral part of, or permanentlyattached to, a self-propelled motor vehicle chassis or van, containing permanentlyinstalled independent life-support systems that meet the state standard forrecreational vehicles and providing at least four of the following facilities:Cooking; refrigeration or ice box; self-contained toilet; heating, air conditioning,or both; a potable water supply system including a faucet and sink; separateone-hundred-twenty-nominal-volt electrical power supply; or LP gas supply;(15) Noncompliance means a failure to comply with an applicable constructionstandard that does not constitute a defect, a serious defect, or an imminentsafety hazard;(16) Park trailer means a vehicular unit which meets the following criteria:(a) Built on a single chassis mounted on wheels;(b) Designed to provide seasonal or temporary living quarters whichmay be connected to utilities necessary for operation of installed fixturesand appliances;(c) Constructed to permit setup by persons without special skills usingonly hand tools which may include lifting, pulling, and supporting devices;and(d) Having a gross trailer area not exceeding four hundred square feetwhen in the setup mode;(17) Person means any individual, partnership, limited liability company,company, corporation, or association engaged in manufacturing, selling, offeringto sell, or leasing manufactured homes or recreational vehicles;(18) Purchaser means the first person purchasing a manufactured homeor recreational vehicle in good faith for purposes other than resale;(19) Recreational vehicle means a vehicular type unit primarily designedas temporary living quarters for recreational, camping, or travel use, whichunit either has its own motive power or is mounted on or towed by anothervehicle. Recreational vehicle includes, but is not limited to, travel trailer,park trailer, camping trailer, truck camper, motor home, and van conversion;(20) Seal means a device or insignia issued by the Department of Healthand Human Services Regulation and Licensure prior to May 1, 1998, or by thePublic Service Commission on or after May 1, 1998, to be displayed on theexterior of a manufactured home or recreational vehicle to evidence compliancewith state standards. The federal manufactured-home label shall be recognizedas a seal;(21) Serious defect means a failure to conform to an applicable constructionstandard that renders the manufactured home or recreational vehicle or anycomponent of the manufactured home or recreational vehicle not fit for theordinary use for which it was intended and which results in an unreasonablerisk of injury or death to the occupants;(22) Travel trailer means a vehicular unit mounted on wheels, designedto provide temporary living quarters for recreational, camping, or traveluse of such size or weight as not to require special highway movement permitswhen towed by a motorized vehicle and of gross trailer area less than fourhundred square feet;(23) Truck camper means a portable unit constructed to provide temporaryliving quarters for recreational, travel, or camping use, consisting of aroof, floor, and sides and designed to be loaded onto and unloaded from thebed of a pickup truck; and(24) Van conversion means a completed vehicle permanently altered cosmetically,structurally, or both which has been recertified by the state as a multipurposepassenger vehicle but which does not conform to or otherwise meet the definitionof a motor home in this section and which contains at least one plumbing,heating, or one-hundred-twenty-nominal-volt electrical component subject tothe provisions of the state standard for recreational vehicles. Van conversiondoes not include any such vehicle that lacks any plumbing, heating, or one-hundred-twenty-nominal-voltelectrical system but contains an extension of the low-voltage automotivecircuitry. SourceLaws 1969, c. 557, § 3, p. 2272; Laws 1975, LB 300, § 3; Laws 1985, LB 313, § 7; Laws 1993, LB 121, § 435; Laws 1993, LB 536, § 86; Laws 1996, LB 1044, § 675; Laws 1998, LB 1073, § 128; Laws 2001, LB 376, § 6; Laws 2008, LB797, § 13; Laws 2010, LB816, § 90.Effective Date: March 4, 2010 Cross ReferencesMotor Vehicle Industry Regulation Act, see section 60-1401.