Ark. Code Ann. § 20-25-101 Title.
This chapter shall be known and may be cited as the “Arkansas Manufactured Homes Standards Act”.
Arkansas Manufactured Homes Standards Act
Ark. Code Ann. tit. 20, ch. 25
in effectArk. Code Ann. § 20-25-102 Definitions.
As used in this chapter:
(1) “Authorized representative” means any person or employee approved, certified, or hired by the Director of the Arkansas Manufactured Home Commission to perform inspection services;
(2) “Code” means standards adopted by the Arkansas Manufactured Home Commission;
(3) “Defect” means any defect in the performance, construction, components, or material of a manufactured home that renders the manufactured home or any part of the manufactured home unfit for the ordinary use for which the manufactured home was intended;
(4) [Repealed.]
(5) “Federal standards” means the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq., and applicable regulations promulgated by the United States Department of Housing and Urban Development when and as adopted by the commission;
(6) “Installation” means work done to stabilize, support, or anchor a manufactured home or to join sections of a multisection manufactured home when any such work is governed by rules adopted by the commission;
(7) “Installer” means a person, firm, or corporation not otherwise certified who is engaged in the business of installing manufactured homes for himself or herself or on behalf of any other person not certified under this chapter;
(8) “Label” means a label issued by the United States Department of Housing and Urban Development or its contract agency to be affixed onto the exterior of the manufactured home to assure compliance with the federal standards;
(9)(A) “Manufactured home” means a structure, transportable in one (1) or more sections, which in the traveling mode is eight (8) body feet or more in width or forty (40) body feet or more in length or, when erected on site, is three hundred twenty square feet (320 sq. ft.) or more 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.
(B) “Manufactured home” includes the plumbing, heating, air conditioning, and electrical systems contained therein.
(C) “Manufactured home” shall include any structure which meets all the requirements of this subdivision (9) 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 federal standards;
(10) “Manufacturer” means any person, firm, or corporation that manufactures manufactured or modular homes;
(11) “Modular home” means a factory-built structure:
(A) Produced in accordance with state or local construction codes and standards; and
(B) Designed to be used as a dwelling unit with a foundation when connected to the required utilities;
(12) “Person” means an individual, partnership, corporation, or other legal entity; and
(13) “Retailer” means any person in the business of accepting on consignment, buying for resale, selling, or exchanging manufactured or modular homes or offering them to the public for sale, exchange, or lease-purchase, whether for himself or herself or on behalf of any other person not certified as a retailer under this chapter.
Ark. Code Ann. § 20-25-103 No authority to operate or maintain manufactured home parks.
Nothing in this chapter shall be construed to give the Arkansas Manufactured Home Commission any authority with respect to the operation and maintenance of manufactured home parks in this state.
Ark. Code Ann. § 20-25-104 Penalties.
(a) It shall be deemed a violation of this chapter:
(1) For any manufacturer or retailer of manufactured homes to fail to correct a code violation within a reasonable time, not to exceed ninety (90) days, of being ordered to do so in writing by an authorized representative of the Director of the Arkansas Manufactured Home Commission if the manufacturer or retailer manufactured or sold the manufactured home after March 14, 1977; or
(2) For any person to interfere with, obstruct, or hinder any authorized representative of the Director of the Arkansas Manufactured Home Commission in the performance of his or her duty. In seeking to determine whether a manufacturer or retailer has violated this chapter, the Director of the Arkansas Manufactured Home Commission shall have full authority to convene hearings and issue orders pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., which is incorporated by reference.
(b) Any individual or director, officer, or agent of a corporation who knowingly violates this chapter in a manner that threatens the health or safety of any purchaser shall be deemed guilty of a misdemeanor. Upon conviction, the person shall be fined not more than one thousand dollars ($1,000) or imprisoned for not more than one (1) year, or both, for each violation.
(c)(1)(A) Whoever violates any provision of Section 610 of Title VI of Pub. L. No. 93-383 or any regulation or final order issued pursuant to it shall be liable to the State of Arkansas for a civil penalty established by the rules promulgated by the Arkansas Manufactured Home Commission and approved by the General Assembly.
(B) Each violation of a provision of Section 610 of Title VI of Pub. L. No. 93-383 or any regulation or order issued pursuant to it shall constitute a separate violation with respect to each manufactured home or with respect to each failure or refusal to allow or perform an act required thereby.
(C) The maximum civil penalty shall not exceed the amount established under subdivision (c)(1)(A) of this section for any related series of violations occurring within one (1) year from the date of the first violation.
(2) Any individual or a director, officer, or agent of a corporation who knowingly violates Section 610 of Title VI of Pub. L. No. 93-383 in a manner that threatens the health or safety of any purchaser shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than one (1) year, or both.
(d)(1) If a manufactured home retailer or manufacturer violates any of the provisions of this chapter or any rules governing the manufactured home program, the retailer or manufacturer may be enjoined from selling any manufactured home until the retailer or manufacturer meets all the requirements of this chapter and rules promulgated pursuant to this chapter.
(2) If any manufactured home installer violates any provision of this chapter or any rule relating to the federal Manufactured Home Construction and Safety Standards, the installer shall be enjoined from installing manufactured homes until the violations are corrected.
(3) Whenever practicable, the Director of the Arkansas Manufactured Home Commission shall give notice to any person against whom an action for injunctive relief is contemplated and shall afford the person an opportunity to present his or her views, but the failure to give notice and afford an opportunity shall not preclude the granting of appropriate relief.
Ark. Code Ann. § 20-25-105 Arkansas Manufactured Home Commission — Creation — Members.
(a)(1) There is created the Arkansas Manufactured Home Commission consisting of eight (8) members. Members shall be appointed by the Governor and confirmed by the Senate . The members shall be representative of the following interests:
(A) Four (4) members shall be active in the manufactured home industry and licensed or certified under this chapter at the time of their appointment; and
(B) Four (4) members shall be from the public at large and shall not be employed by or retired from an entity licensed or certified under this chapter at the time of their appointment .
(2) Appointments of those active in the manufactured home industry shall be made by the Governor after consulting the Arkansas Manufactured Housing Association for each appointment and subject to confirmation by the Senate.
(3) Each member shall be appointed for a five-year term, except that a person appointed to fill a vacancy shall serve only the unexpired portion of the term. Each member's term shall extend until his or her successor is appointed and qualified.
(4) The members shall not receive compensation for their services as members but may receive expense reimbursement in accordance with § 25-16-901 et seq.
(5) Membership on the commission shall not constitute holding a public office, and no member shall be disqualified from holding any public office or employment by reason of membership on the commission, nor shall the member forfeit the office or employment by reason of his or her appointment hereunder, notwithstanding any law to the contrary.
(b) A chair and vice chair shall be elected by the commission to serve two (2) years.
Ark. Code Ann. § 20-25-106 Arkansas Manufactured Home Commission — Powers and duties.
(a)(1) The Arkansas Manufactured Home Commission by rule shall set uniform, reasonable standards for the proper:
(A)(i) Initial installation of new manufactured homes installed in this state.
(ii) The installation standards under subdivision (a)(1)(A)(i) of this section shall equal or exceed installation standards promulgated under the federal standards; and
(B) Secondary installation of used manufactured homes installed in this state.
(2) The commission by rule shall set the requirements for and require:
(A) Licensing and certification of manufacturers of manufactured homes or modular homes in this state and manufacturers of manufactured homes or modular homes in other states selling them in this state;
(B) Licensing and certification of any retailer, salesperson, and others engaged in the sale of manufactured homes or modular homes for sale in this state; and
(C) Licensing, training, and certification of any installer engaged in the installation of manufactured homes or modular homes in this state.
(b) The commission shall require bonding or other reasonable methods to assure that manufacturers, retailers, installers, and others licensed or certified under this chapter will be financially responsible to fully comply with the code.
(c)(1) The commission shall by rule establish procedures for the investigation and timely resolution of:
(A) Construction or installation defects in manufactured homes that are reported to the commission during the one-year period beginning on the date of installation of the manufactured home, including:
(i) Violations of the federal standards; and
(ii) Violations of the rules governing the installation of manufactured homes promulgated by the commission; and
(B) Disputes among manufacturers, retailers, and installers of manufactured homes regarding responsibility for the correction or repair of construction or installation defects in manufactured homes that are reported to the commission during the one-year period beginning on the date of installation of the manufactured home.
(2) The commission shall by rule establish procedures for the timely inspection and certification of a percentage of the initial installations of new manufactured homes installed in the state on a sample basis to assure compliance with installation standards adopted by the commission and to comply with requirements set forth by the United States Department of Housing and Urban Development.
(3) The investigations, required corrections, and remedial actions shall be handled in accordance with the code or the rules promulgated under the code.
(d)(1) The commission or subcommittee of the commission shall convene hearings and issue orders in cases of violations of this chapter or of the code or the rules promulgated by the commission.
(2) The commission or subcommittee of the commission shall convene hearings, and the commission shall issue orders on appeals of determinations of responsibility for the correction of defects by manufacturers, retailers, and the Director of the Arkansas Manufactured Home Commission and his or her staff.
(e) The commission shall delegate its authority, except the authority to adopt standards and rules, to the director.
(f) The commission shall have the power to suspend, revoke, or refuse to renew the license or certification under this chapter of any person who is found to have been guilty of:
(1) Fraud, misrepresentation, or deception in obtaining a license or certification;
(2) Accepting a manufactured or modular home, directly or indirectly, from a manufacturer not certified by the state pursuant to this chapter;
(3) Selling or delivering, directly or indirectly, a manufactured or modular home to a retailer not certified by the state pursuant to this chapter; or
(4) Violating any provision of this chapter or rules promulgated under this chapter.
(g)(1) In lieu of suspension, revocation, or refusal to renew a license certification, the commission shall have the authority to impose a monetary penalty and may suspend, refuse to renew, or revoke the license or certification until the penalty is paid to the commission.
(2) The penalty shall:
(A) Be imposed only if the commission formally finds that:
(i) The public welfare would not be impaired by the imposition of a monetary penalty rather than suspension, refusal to renew, or revocation of a license or certification; and
(ii) Payment of the monetary penalty should achieve the desired disciplinary purpose; and
(B) Not be abated by a subsequent surrender, suspension, failure or refusal to renew a license, or revocation of the license or certification.
(3)(A) No monetary penalty imposed by the commission shall exceed the penalty established by the rules promulgated by the commission and approved by the General Assembly.
(B) Each separate transaction shall constitute a separate violation.
(4) Except as provided under subdivision (g)(1) of this section, the commission shall not impose a civil penalty upon any person whose license or certification is surrendered, suspended, revoked, or not renewed under this section.
(h) Regarding any violation of this chapter or the Arkansas Manufactured Home Recovery Act, § 20-29-101 et seq., the commission shall have the power to issue subpoenas and bring before the commission as a witness any person in the state and may require the witness to bring with him or her any book, writing, or other thing under his or her control which he or she is bound by law to produce in evidence.
(i) The commission shall have the power to file suit in the Pulaski County Circuit Court to obtain a judgment for the amount of any penalty not paid within thirty (30) days of service of the order assessing the monetary penalty unless a court enters a stay pursuant to this section.
(j) All hearings and appeals therefrom under this section shall be pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
(k) The commission may require manufacturers, distributors, and retailers in this state to make reports as it deems necessary. The reports shall be filed with the director.
(l) No license or certification shall be transferred or assigned to any other person.
(m)(1)(A) The commission shall have the authority to file suit in the Pulaski County Circuit Court to enjoin any manufacturer, retailer, or installer from doing business in this state without having first secured the required license or certification, or both.
(B) The commission shall have the authority to collect from the manufacturer, retailer, or installer all fees and assessments which the commission would have collected had the manufacturer, retailer, or installer secured the required license or certification, or both.
(2) The commission shall have the authority to impose a monetary penalty not to exceed one thousand dollars ($1,000) per violation by an unlicensed manufacturer, retailer, or installer of any provision of this chapter or of the rules promulgated under this chapter.
(n) The commission shall adopt rules, issue orders, and otherwise act as necessary to:
(1) Comply with the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq., including adopting and enforcing rules reasonably required to implement the notification and correction procedures provided by 42 U.S.C. § 5414; and
(2) Provide for the effective enforcement of all the Manufactured Home Construction and Safety Standards, 24 C.F.R. § 3280.1 et seq., in order to have the state plan authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq., approved by the United States Secretary of Housing and Urban Development.
Ark. Code Ann. § 20-25-107 Administration by Director of the Arkansas Manufactured Home Commission.
(a) The Director of the Arkansas Manufactured Home Commission shall be appointed by the Arkansas Manufactured Home Commission.
(b) The director shall administer the code for manufactured homes and the rules promulgated by the commission.
(c)(1) The director shall establish an inspection system sufficient to ensure compliance with the code by providing for inspections by members of his or her own inspection staff or by authorized representatives certified by the commission.
(2) The director and his or her staff shall have the right to enter and inspect all factories, warehouses, or establishments in which manufactured or modular homes are manufactured.
(d) With the approval of the commission, the director shall:
(1) Establish reasonable fees for certification, including licensing of manufactured or modular home salespersons and setting up, installing, and anchoring manufactured homes; and
(2) Establish monitoring inspection fees in accordance with the guidelines established by the United States Secretary of Housing and Urban Development and provide for participation in the fee distribution system set out in 24 C.F.R. § 3282.307.
(e) Within the limits of appropriation, the director may appoint such employees as he or she may deem necessary for the administration of this chapter.
Ark. Code Ann. § 20-25-108 Compliance with code required.
(a) No retailer shall sell or offer for sale within this state any new manufactured home unless the manufactured home complies with the code.
(b) No person shall manufacture in this state or manufacture out of this state and ship into this state for sale any new manufactured home unless the manufactured home complies with the code.
Ark. Code Ann. § 20-25-109 Label of compliance.
(a) No retailer shall sell or offer for sale to anyone within this state any manufactured home manufactured after June 15, 1976, unless the manufactured home bears a United States Department of Housing and Urban Development label issued by the United States Department of Housing and Urban Development or its contract agent.
(b) All manufacturers of new manufactured homes in this state shall cause to be affixed a United States Department of Housing and Urban Development label on all manufactured homes.
(c) The Director of the Arkansas Manufactured Home Commission, acting as in-plant primary inspection agency on contract with the United States Department of Housing and Urban Development, shall issue labels to any manufacturer when he or she is sure, by inspection of the plant, that the manufacturer is complying with the federal Manufactured Home Construction and Safety Standards.
(d)(1) All manufactured homes bearing a United States Department of Housing and Urban Development label issued by the United States Department of Housing and Urban Development pursuant to this chapter shall be deemed to comply with the requirements of all ordinances or regulations enacted by any local government which are applicable to the construction of such housing.
(2) The determination by the United States Department of Housing and Urban Development of the scope of the approval is final.
(e) No person shall alter or cause to be altered any manufactured home to which a label has been affixed if the alteration or conversion causes the manufactured home to be in violation of the federal Manufactured Home Construction and Safety Standards.
Ark. Code Ann. § 20-25-110 Warranty.
(a) Each manufactured home manufacturer in this state and manufacturers of all new manufactured homes shipped into this state for use in this state shall issue with each new manufactured home a warranty generally in use in the industry warranting the manufactured home to be free from material defects and to be manufactured in a workman-like manner.
(b) The warranty shall be to the buyer and shall set forth in writing the following terms:
(1) That the manufactured home is free from any substantial defects in material and workmanship; and
(2) That the manufacturer shall take appropriate corrective action at the site of the manufactured home in instances of substantial defects in materials or workmanship which become evident after the date of delivery of the manufactured home to the buyer, provided the buyer or his or her transferee gives written notice of the defects to the manufacturer at the manufacturer's business address. The manufacturer shall take such action as deemed necessary by the Arkansas Manufactured Home Commission under the code.
(c) The warranty shall be in addition to, and not in derogation of, all other rights and privileges which the buyer may have under any other law or instrument. The manufacturer shall not require the buyer to waive his or her rights under this chapter, and any waiver shall be deemed contrary to public policy and shall be unenforceable and void.
Ark. Code Ann. § 20-25-111 Reports.
All manufacturers, distributors, retailers, and installers in this state shall make and maintain such reports and information deemed necessary and shall provide the United States Secretary of Housing and Urban Development such reports and information as the secretary may require pursuant to Title VI of Pub. L. No. 93-383.
Ark. Code Ann. § 20-25-112 Disposition of funds.
All fees collected by the Director of the Arkansas Manufactured Home Commission under this chapter shall be deposited into the State Treasury. The Treasurer of State shall credit the amount paid into a special fund to be designated the “Manufactured Home Standards Fund” from which appropriations shall be made for the administration of this chapter.
Ark. Code Ann. § 20-25-113 Purchase agreement and consumer disclosure.
(a)(1) All manufactured home retailers shall be required to provide a written purchase agreement to the purchaser of each new manufactured home sold in the State of Arkansas.
(2) Each written purchase agreement issued by a manufactured home retailer upon the purchase of a new manufactured home shall include, but not be limited to:
(A) The make, model, and gross purchase price of the new manufactured home;
(B) Options or material upgrades which influence the purchase price of the new manufactured home;
(C) Transportation and delivery arrangements, if applicable; and
(D) Installation, set-up, and anchoring arrangements, if applicable.
(3) A knowing violation of this subsection shall constitute an unfair or deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq., and shall be subject to all remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq. This section shall not create a private right of action, but this section shall not preclude any new manufactured home purchaser from availing himself or herself of other legal or administrative remedies provided by other laws.
(b)(1) All manufactured home retailers shall be required to provide a consumer disclosure to the purchaser of each manufactured home sold in the State of Arkansas.
(2) Each consumer disclosure issued by a manufactured home retailer before the completion of purchase of a manufactured home shall include the following information, as applicable:
(A) A statement that the manufactured home will be required to comply with state requirements for installation;
(B) Notice that the manufactured home may also be required to comply with additional state and local requirements not addressed in the state requirements for installation, such as zoning and connection to required utilities;
(C) That additional information regarding the construction and installation standards is available from the retailer, the Arkansas Manufactured Home Commission, or the United States Department of Housing and Urban Development;
(D) That inspection for compliance with applicable federal, state, and local requirements may involve additional costs to the purchaser; and
(E) A recommendation that any manufactured home installed after its original purchase and installation should be inspected upon reinstallation.
Source: Public.Resource.Org / UniCourt, Official Code of Arkansas Annotated, Release 78 (2020) (unicourt.github.io/cic-code-ar)URL: https://unicourt.github.io/cic-code-ar/transforms/ar/ocar/r78/gov.ar.code.title.20.htmlFetched: 11/8/2026