Part 1 General Provisions 68-126-101 – 68-126-102
Part 2 Uniform Standards Code for Manufactured Homes Act 68-126-201 – 68-126-215
Part 3 Tennessee Modular Building Act 68-126-301 – 68-126-311
Part 4 Tennessee Manufactured Home Installation Act 68-126-401 – 68-126-412

Terms Used In Tennessee Code > Title 68 > Safety > Chapter 126

  • Accumulated contributions: means the sum of all the amounts deducted from the compensation of a member, together with any amount transferred to the account of the member established pursuant to chapters 34-37 of this title from the respective account of the member under one (1) or more of the superseded systems, with interest thereon, as provided in §. See Tennessee Code 8-34-101
  • Actuarial equivalent: means a benefit of equal value when computed at regular interest upon the basis of the mortality tables last adopted for such purpose by the board of trustees. See Tennessee Code 8-34-101
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Approved inspection agency: means a person, organization or local government approved by the commissioner to be especially qualified by reason of facilities, personnel, experience, and demonstrated reliability, to investigate, test, evaluate and inspect modular building units, systems, or the component parts of modular building units together with the plans, specifications, and quality control procedures to ensure that such units, systems, or component parts are in full compliance with the standards adopted by the commissioner pursuant to this part and to label such units complying with those standards. See Tennessee Code 68-126-303
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attorney general: means the attorney general and reporter and any assistant thereto by whatever name known, any district attorney general and any assistant thereto by whatever name called, and any officer or full-time employee of the general assembly or any committee thereof established by statute, who is duly licensed to practice law in Tennessee, whose duty it is to provide facilities for drafting bills or to assist individual legislators in drafting bills or who renders legal advice and services to the members of the general assembly or committees thereof. See Tennessee Code 8-34-101
  • Average final compensation: means the average annual earnable compensation of a member during the five (5) consecutive years of the member's creditable service affording the highest such average, or during all of the years in the member's creditable service if less than five (5) years. See Tennessee Code 8-34-101
  • Beneficiary: means any person, persons or institution receiving a retirement allowance or other benefit as provided in chapters 34-37 of this title. See Tennessee Code 8-34-101
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • board: means the board provided for in part 3 of this chapter. See Tennessee Code 8-34-101
  • Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
  • Commissioner: means any person in office as a member of the public service commission, as prescribed by title 65, chapter 1, prior to June 30, 1996. See Tennessee Code 8-34-101
  • Commissioner: means the commissioner of commerce and insurance or the commissioner's designee. See Tennessee Code 68-126-202
  • Commissioner: means the commissioner of commerce and insurance. See Tennessee Code 68-126-303
  • Commissioner: means the commissioner of commerce and insurance or the commissioner's designee. See Tennessee Code 68-126-402
  • Component: means any assembly, sub-assembly, or combination of elements for use as a part of a modular building unit, which may include the structural, electrical, mechanical, plumbing, fire protection, or other structurally integrated system or systems thereof affecting life safety. See Tennessee Code 68-126-303
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • County judge: means a judge of a general sessions court, probate judge, or judge of a juvenile and/or domestic relations court. See Tennessee Code 8-36-902
  • Creditable service: means prior service plus membership service, as provided in part 6 of this chapter. See Tennessee Code 8-34-101
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Defined benefit component: means the portion of the hybrid plan that provides a defined benefit plan within the retirement system, but which has its own vesting, benefit structure, and contribution requirements as set forth in this part. See Tennessee Code 8-36-902
  • Defined contribution component: means the portion of the hybrid plan that provides a defined contribution plan within the profit sharing and/or salary reduction plan established under chapter 25, part 3 of this title. See Tennessee Code 8-36-902
  • Department: means the department of commerce and insurance. See Tennessee Code 68-126-303
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Devise: To gift property by will.
  • Disclaimant: means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made. See Tennessee Code 31-7-102
  • Disclaimed interest: means the interest that would have passed to the disclaimant had the disclaimer not been made. See Tennessee Code 31-7-102
  • Disclaimer: means the refusal to accept an interest in or power over property. See Tennessee Code 31-7-102
  • Earnable compensation: includes , but is not limited to, any bonus or incentive payment. See Tennessee Code 8-34-101
  • Employer: means :

    • (A) The state or any department, commission, institution, board or agency of the state government by which a member is paid, with respect to members in its employ. See Tennessee Code 8-34-101

    • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
    • Executor: includes an administrator, where the subject matter applies to an administrator. See Tennessee Code 1-3-105
    • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
    • Felony: A crime carrying a penalty of more than a year in prison.
    • Fiduciary: means a personal representative, trustee, agent acting under a power of attorney, or other person authorized to act as a fiduciary with respect to the property of another person. See Tennessee Code 31-7-102
    • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
    • Fraud: Intentional deception resulting in injury to another.
    • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
    • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
    • Hybrid plan: means a plan that provides a combination of a defined benefit plan and a defined contribution plan which, together, are intended to comply with the provisions of the Internal Revenue Code (26 U. See Tennessee Code 8-36-902
    • Installation: means the assembly of modular building units on-site and/or the process of affixing modular building-related components to land, a foundation, footings, utilities, or an existing building. See Tennessee Code 68-126-303
    • Installer: means a licensed manufactured home installer, or a licensed manufactured home retailer. See Tennessee Code 68-126-402
    • Inter vivos: Transfer of property from one living person to another living person.
    • Internal Revenue Code: means the Internal Revenue Code of 1986, codified in United States Code, title 26, as amended. See Tennessee Code 8-34-101
    • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
    • Intestate: Dying without leaving a will.
    • Jointly held property: means property held in the name of two (2) or more persons under an arrangement in which all holders have concurrent interests and under which the last surviving holder is entitled to the whole of the property. See Tennessee Code 31-7-102
    • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
    • Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
    • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
    • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
    • Local government: means any political subdivision of this state with authority to establish standards and requirements applicable to the construction, installation, alteration and repairs of buildings. See Tennessee Code 68-126-303
    • Local retirement fund: means any teachers' retirement fund or other arrangement for payment of retirement benefits to teachers, except this retirement system, supported wholly or in part by contributions made by an employer as defined by chapters 34-37 of this title. See Tennessee Code 8-34-101
    • manufactured home: includes any structure that meets all the requirements of this subdivision (2), except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary and complies with the standards established under this title. See Tennessee Code 68-126-202
    • Manufacturer: means any person engaged in manufacturing or assembling new manufactured homes. See Tennessee Code 68-126-202
    • Member: means any person included in the membership of the retirement system, as provided in chapter 35, part 1 of this title. See Tennessee Code 8-34-101
    • Member annuity: means annual payments for life derived from the accumulated contributions of the member. See Tennessee Code 8-34-101
    • Membership service: means service rendered while a member of the retirement system. See Tennessee Code 8-34-101
    • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
    • Modular building unit: means a structural unit, or preassembled component unit, including the necessary electrical, plumbing, heating, ventilating and other service systems, manufactured off-site and transported to the point of use for installation or erection, with or without other specified components, as a finished building. See Tennessee Code 68-126-303
    • Month: means a calendar month. See Tennessee Code 1-3-105
    • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
    • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
    • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
    • Part-time employee: includes any interim teacher who is employed on a temporary basis to teach for a regular teacher who is on unpaid leave. See Tennessee Code 8-34-101
    • Participant: means any state employee, teacher, or political subdivision employee participating in the hybrid plan. See Tennessee Code 8-36-902
    • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
    • Per stirpes: The legal means by which the children of a decedent, upon the death of an ancestor at a level above that of the decedent, receive by right of representation the share of the ancestor
    • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
    • Person: means any individual, firm, association, corporation, or legal entity. See Tennessee Code 68-126-402
    • Person: means an individual. See Tennessee Code 31-7-102
    • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
    • Personal representative: includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status. See Tennessee Code 31-1-101
    • Personal use: means use of property by a person or entity not for business purposes and the use of which is not substantially connected with a trade or business or an activity for the production or collection of income. See Tennessee Code 68-126-202
    • Plaintiff: The person who files the complaint in a civil lawsuit.
    • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
    • Political subdivision: means any entity authorized to participate in the retirement system pursuant to chapter 35, part 2 of this title. See Tennessee Code 8-36-902
    • Political subdivision employee: means any person in the employ of a political subdivision, including a county judge, but does not include any person performing services on a contractual or percentage basis. See Tennessee Code 8-36-902
    • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
    • Prior class member: means a member who, on the day preceding the date of establishment, shall have been a member of a superseded system and who elects to remain covered by the benefit and contribution provisions of the superseded system, or who fails to elect to become covered by the benefit and contribution provisions of the retirement system applicable to new employees, as the case may be, in accordance with chapter 35, part 1 of this title. See Tennessee Code 8-34-101
    • Prior service: means service rendered prior to the date of membership in the retirement system for which credit was given under the terms of one (1) or more of the superseded systems as provided in part 6 of this chapter. See Tennessee Code 8-34-101
    • Probate: Proving a will
    • Probate court: means the court having jurisdiction over the administration of the estates of decedents. See Tennessee Code 1-3-105
    • Property: includes both personal and real property. See Tennessee Code 1-3-105
    • Property: includes both real and personal property or any interest therein and means anything that may be the subject of ownership. See Tennessee Code 31-1-101
    • Public defender: Represent defendants who can't afford an attorney in criminal matters.
    • Public school: means any school conducted within the state under the authority and supervision of a duly elected or appointed city or county school board, and any educational institution supported by and under the control of the state. See Tennessee Code 8-34-101
    • Ready-removable: means a structure without any foundation, footings, or other support mechanisms that allow a structure to be easily relocated but which may include electrical wiring. See Tennessee Code 68-126-303
    • real property: include lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
    • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
    • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
    • Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
    • Retailer: means any person:

      • (i) Engaged in the sale, leasing, or distribution of new manufactured homes primarily to persons who in good faith purchase or lease a manufactured home for purposes other than resale. See Tennessee Code 68-126-202

      • Retirement: means withdrawal from membership with a retirement allowance granted under chapters 34-37 of this title. See Tennessee Code 8-34-101
      • Retirement allowance: means the sum of the member annuity and the state annuity. See Tennessee Code 8-34-101
      • Retirement system: means the Tennessee consolidated retirement system as defined in §§. See Tennessee Code 8-34-101
      • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
      • Secretary: means the secretary of the United States department of housing and urban development. See Tennessee Code 68-126-202
      • Service: means service as a general employee, a teacher, a state police officer, a wildlife officer, a firefighter, a police officer, a state judge, a county judge, an attorney general, a commissioner or a county official which is paid for by an employer, and also includes service for which a former member of the general assembly is entitled to under former §§ 3-401 and 3-406. See Tennessee Code 8-34-101
      • Service of process: The service of writs or summonses to the appropriate party.
      • Set up: means installation of the manufactured home according to the manufacturer's installation instructions or those provided in §. See Tennessee Code 68-126-202
      • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
      • signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
      • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
      • State: means the state of Tennessee. See Tennessee Code 8-34-101
      • State: includes an Indian tribe or band, or Alaskan native village, recognized by federal law or formally acknowledged by a state. See Tennessee Code 31-7-102
      • State employee: means any person who is a state official, including members of the general assembly, the attorney general and reporter, district attorneys general, state judges, and district public defenders, or any person who is employed in the service of and whose compensation is payable by the state, or any person who is employed by the state whose compensation is paid in whole or in part from federal or other funds. See Tennessee Code 8-36-902
      • State judge: means any person in office as a judge of a court of record in this state, whose salary for the judge's judicial position has been paid during the period of the judge's service wholly from the treasury of the state, including the administrative director of the courts. See Tennessee Code 8-34-101
      • State judge: has the meaning set forth in §. See Tennessee Code 8-36-902
      • Statute: A law passed by a legislature.
      • Structure: means any building or improvement and its components, systems, fixtures, and appurtenances at the time of completion or construction. See Tennessee Code 68-126-303
      • Superseded system: means , where applicable, the Tennessee state retirement system, the Tennessee teachers' retirement system, the Tennessee judges' retirement system, the retirement system for county paid judges of Tennessee, the attorneys general retirement system of Tennessee, the public service commissioners' retirement system, and the Tennessee retirement system for county officials, any one (1) of them, or any combination thereof. See Tennessee Code 8-34-101
      • Teacher: has the meaning set forth in §. See Tennessee Code 8-36-902
      • Temporary employment: means any general employee can be considered as a temporary employee for a period not to exceed six (6) months before becoming eligible for membership in the retirement system, except as provided in §. See Tennessee Code 8-34-101
      • Testator: A male person who leaves a will at death.
      • Testify: Answer questions in court.
      • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
      • Trust: means :

        • (A) An express trust, charitable or noncharitable, with additions thereto, whenever and however created. See Tennessee Code 31-7-102

        • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
        • Trustee: A person or institution holding and administering property in trust.
        • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
        • Venue: The geographical location in which a case is tried.
        • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
        • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105