The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us)


STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 5355

August 16, 1978

LICENSES AND PERMITS:

Residential Builders Act

RESIDENTIAL BUILDERS ACT:

Motor Homes

MOTOR VEHICLES:

Motor Homes

WORDS AND PHRASES:

'Motor home'; 'mobile home'; 'residential structure'

Inasmuch as a motor home is a motor vehicle used for recreational or other temporary purposes, manufacturers of motor homes are not subject to the licensure requirements of the residential builders maintenance and alterations contractors licensing act.

Hon. Joseph S. Mack

State Senate

The Capitol

Lansing, Michigan

You have requested my opinion as to whether a motor home is a residential structure within the purview of the residential builders maintenance and alteration contractors licensing act, 1965 PA 383, as amended, MCLA 338.1501 et seq; MSA 18.86(101) et seq, so as to require builders of motor homes to be licensed as residential builders.

1965 PA 383, supra, Sec. 1 requires licensure of all persons who engage in the business of or act in the capacity of a residential builder.

1965 PA 383, supra, Sec. 2(b) states:

"Residential builder' means a person engaged in the construction of residential structures or a combination of residential and commercial structures who, for a fixed sum, price, fee, percentage, valuable consideration, or other compensation, other than wages for his own personal labor only, undertakes with another or offers to undertake or purports to have the capacity to undertake with another for the erection, construction, replacement, repair, alteration, or an addition to, subtraction from, improvement, movement of, wrecking of, or demolition of, a residential structure or combination of residential and commercial structure, or a person who manufactures, assembles, constructs, deals in, or distributes residential or combination residential and commercial structures which are prefabricated, preassembled, precut, packaged, or shell housing, or a person who erects a residential structure or combination of residential and commercial structure except for his own use and occupancy on his own property.'

1965 PA 383, supra, Sec. 2(f), defines 'residential structure' as follows:

"Residential structure' includes, but is not limited to, premises used or intended to be used for residence purposes and related facilities appurtenant thereto, used or intended to be used, as an adjunct or residential occupancy.'

In construing this act, the courts have held the law to be a 'consumer protection measure' for the benefit of occupants of residential dwellings. The test for coverage by the statute is 'not the existence or type of structure, but rather the nature of its occupancy'. Artman v College Heights Mobile Park, 20 Mich App 193, 199; 173 NW2d 833 (1969). Thus, the act has been applied by the courts to apartments even when combined with commercial structures, Alexander v Neal, 364 Mich 485; 110 NW2d 797 (1961), and to mobile home trailer parks, King Arthur's Court v Badgley, 47 Mich App 222; 209 NW2d 488 (1973). Also, in OAG, 1975-1976, No 4921, p 280 (February 2, 1976), it was held that the act is applicable to mobile homes that are parked.

However, in King Arthur's Court, 47 Mich App at p 225, the court noted:

'. . . A blanket application of the act to the trailer park situation still leaves the manufacturers of mobile homes themselves with no requirement to be licensed under the act. In contrast, the manufacturers of prefabricated residential structures clearly fall within the definition of 'residential builder' in MCLA 338.1502(b); MSA 18.86(102(b)). The absence of any reference to mobile homes or their manufacturers is at least some indication to us that the Legislature did not intend that the licensing requirements of the act extend to the trailer park context.'

A 'motor home' is generally understood to be a self-propelled vehicle with integrated living accommodations and is used temporarily for vacation or recreational purposes. See River Oaks Motor Homes, Inc. v Winnebago Industries, Inc., 371 F Supp 137, 139 (SD Tex, 1974).

The Michigan vehicle code, 1949 PA 300, MCLA 257.1 et seq; MSA 9.1801 et seq, Sec. 32a defines a motor home as follows:

"Motor home' means a motor vehicle constructed or altered to provide living quarters, including permanently installed cooking and sleeping facilities, and is used for recreation, camping, or other noncommercial use.' (Emphasis added)

A motor home must be licensed and titled as a motor vehicle and must meet the equipment requirements of motor vehicles driven on the public roads. Michigan vehicle code, supra, Secs. 216, 683; 719.

Thus, a 'motor home' is a motor vehicle customarily used for recreational or other temporary purposes and as such is not a 'residential structure'; therefore, manufacturers or other builders of 'motor homes' are not subject to licensure pursuant to the residential builders maintenance and alteration contractors licensing act, supra.

Frank J. Kelley

Attorney General