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09 LC 28 4631ER

House Bill 516

By: Representatives Roberts of the 154th, England of the 108th, Burns of the 157th, Willard of the 49th, Sims of the 119th, and others

A BILL TO BE ENTITLED
AN ACT

To amend Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, so as to provide definitions; to provide that industrialized buildings shall be deemed to comply with local ordinances and resolutions without regard to whether the building was constructed on site or in a factory; to provide for the automatic approval for building or occupancy permits for residential industrialized buildings in residential subdivisions that meet all other criteria except for being an industrialized building or being built off site; to provide that local governments retain authority over certain matters; to provide that local governments shall not enact ordinances or resolutions that discriminate against industrialized buildings under certain circumstances; to provide that the Safety Fire Commissioner shall promulgate standards for pre-owned manufactured homes to protect the safety, health, and welfare of the inhabitants of pre-owned manufactured homes; to provide for an inspection process and fees; to provide for certain immunities; to prohibit conflicting regulations by local jurisdictions; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, is amended by revising paragraph (3) of Code Section 8-2-111, relating to definitions related to factory built buildings and dwelling units designed to be affixed to foundations or existing buildings, as follows:

"(3) 'Industrialized building' means any a structure or component thereof which is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities, designed and constructed in one or more sections to the state minimum standard codes, as provided in Part 2 of this article, without a permanent metal chassis, for installation or assembly and installation on a building site and has been manufactured in such a manner that all parts or processes cannot be inspected at the installation site without disassembly, damage to, or destruction thereof on a permanent, load-bearing, perimeter support foundation at its final location. The term shall not include manufactured housing as defined by the federal National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq."

SECTION 2.

Said article is further amended by revising Code Section 8-2-112, relating to inspection and approval of industrialized buildings by the commissioner or local government, as follows:

"8-2-112.

(a)(1) An industrialized building manufactured after the effective date of the rules adopted pursuant to Code Section 8-2-113 which is sold, offered for sale, or installed within this state must bear the insignia of approval issued by the commissioner.

(2) This Code section shall not apply to industrialized buildings which are inspected and approved by a local government which has jurisdiction at the site of installation and which are inspected at the place of and during the time of manufacture in accordance with standards established by the commissioner. The cost of the inspection shall be borne by the manufacturer. The commissioner shall be notified of the installation of all such buildings in a manner as the commissioner shall prescribe by rule.

(b)(1) All Notwithstanding any law to the contrary, all industrialized buildings bearing an insignia of approval issued by the commissioner pursuant to this part shall be held to comply with the requirements of all ordinances or regulations enacted by any local government which are applicable to the manufacture or installation of such buildings. The determination by the commissioner of the scope of such approval is final. Industrialized buildings shall be deemed to comply with the requirements of all ordinances or regulations enacted by any local government without regard to whether the building was constructed on site or in a factory. Any ordinance or regulation currently in effect or enacted by a local government that treats industrialized buildings differently from buildings constructed on site shall be invalid and unenforceable. A building or occupancy permit to site a residential industrialized building in a residential subdivision that is denied solely because the building is an industrialized building or is built off site shall be automatically deemed approved.

(2) Those areas of authority belonging to the local government such as local land use and zoning requirements, local fire zones, building setback, side and rear yard requirements, site development and property line requirements, utility connections, and subdivision control, as well as the review and regulation of architectural and esthetic requirements, are specifically and entirely reserved thereto; provided, however, that in no instance shall the local government adopt any ordinance or resolution that has the effect, directly or indirectly, of prohibiting or discriminating against industrialized buildings in any area or zone where conventional site built buildings of the same use group are permitted.

(2)(3) No industrialized building or component bearing an insignia of approval issued by the commissioner pursuant to this part shall be in any way modified prior to or during installation unless approval is first obtained from the commissioner.

(3)(4) Industrialized buildings which have been inspected and approved by a local government agency shall not be modified prior to or during installation unless approval for the modification is first obtained from the local government agency.

(c) The commissioner by rule shall establish a schedule of fees to pay the costs incurred for the work related to administration and enforcement of this Code section.

(d) All rules and regulations promulgated by the commissioner under this part shall be adopted pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'"

SECTION 3.

Said article is further amended by adding a new part to read as follows:

"Part 3A

8-2-170.

As used in this part, the term:

(1) 'Commissioner' means the Georgia Safety Fire Commissioner.

(2) 'Install' means to construct a foundation system and placing or erecting a manufactured home on such foundation system. Such term includes, without limitation, supporting, blocking, leveling, securing, or anchoring such manufactured home and connecting multiple or expandable sections of such manufactured home.

(3) 'Manufactured home' means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 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; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq.

(4) 'Pre-owned manufactured home' is any manufactured home that has been previously used as a residential dwelling.

8-2-171.

(a) On and after September 1, 2009, no pre-owned manufactured home that is relocated from its existing location to a new location may be occupied unless such pre-owned manufactured home has been inspected in accordance with this part, and a certificate of compliance has been issued for such pre-owned manufactured home.

(b) The Commissioner shall be authorized to promulgate standards for pre-owned manufactured homes.

(1) Standards regarding the condition of the exterior, roof, and interior of the pre-owned manufactured home so as to ensure that the exterior and roof are in sound condition with no obvious defects; that the interior walls, ceiling, and flooring are in sound condition with no obvious defects; that each bedroom or sleeping area is equipped with at least one operable escape window; that each bathroom and kitchen without a window is equipped with an operable ventilation device; and that each bedroom, sleeping area, and kitchen is equipped with an operable, battery-powered smoke detector installed in accordance with the manufacturer's recommendations; and

(2) Standards regarding the condition of the utilities so as to ensure that the pre-owned manufactured home has a kitchen sink in working order in the kitchen; a lavatory and water closet in working order in each bathroom; at least one bathroom with a tub or shower facility in working order; a properly sized and configured accessible electrical panel with proper circuit breakers; properly and securely installed electrical fixtures, switches, and receptacles; a water heater in safe and working condition; and a safe and working central heating system without any unvented heaters.

(d) The Commissioner shall establish by rule and regulation an inspection program for such pre-owned manufactured homes. Such program shall provide for timely inspections in accordance with the standards promulgated by the Commissioner pursuant to this Code section, and issuance of certificates of compliance or notices of deficiencies to be corrected before a certificate of compliance shall be issued. Such program may provide that the inspections may be performed by county and municipal building inspectors, provided that such inspections are in compliance with the standards promulgated by the Commissioner pursuant to this Code section.

(e) The person requesting the inspection of the pre-owned manufactured home shall pay a fee not to exceed $100.00 for such inspection, including any reinspections to determine if the items listed in the notice of deficiencies have been corrected.

(f) Neither the Commissioner nor any inspector inspecting a pre-owned manufactured home pursuant to this Code section shall be liable for any injuries to persons resulting from any defects or conditions in such pre-owned manufactured home.

(g) If a pre-owned manufactured home is sold on an 'as-is' basis for purposes of repair prior to occupancy, the sales agreement or contract shall specifically and prominently state that the purchaser understands and agrees that the pre-owned manufactured home is not habitable in its present condition and must be brought into compliance with the standards promulgated by the Commissioner pursuant to this Code section and receive a certificate of compliance with such standards prior to such pre-owned manufactured home being relocated and occupied for residential purposes.

(h) No county or municipality shall impose any standard or condition for pre-owned manufactured homes that conflicts with, is inconsistent with, or is more stringent than the standards promulgated by the Commissioner pursuant to this Code section; provided, however, that such counties and municipalities may enforce all other applicable local and state laws and regulations. In addition, no county or municipality shall prohibit the placement or occupation of a pre-owned manufactured home within its jurisdiction that complies with the standards promulgated by the Commissioner."

SECTION 4.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.