09 LC 28
4770ERS
The
Senate Agriculture and Consumer Affairs Committee offered the following
substitute to HB 516:
A
BILL TO BE ENTITLED
AN ACT
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 state minimum standards codes and local ordinances and regulations
applicable to such buildings; to provide for residential industrialized
buildings to be placed in residential districts; to recognize county and
municipal authority over certain matters; 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 related matters; 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 structure or component thereof which is
designed and
constructed in compliance with the state minimum standards codes and
is wholly or in substantial part made,
fabricated, formed, or assembled in manufacturing facilities 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."
SECTION
2.
Said
article is further amended in 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, by adding a new paragraph to read as
follows:
"(6.1)
'Residential industrialized building' means any dwelling unit designed and
constructed in compliance with the Georgia State Minimum Standard One and Two
Family Dwelling Code which is wholly or in substantial part, made, fabricated,
formed, or assembled in a manufacturing facility and cannot be inspected at the
installation site without disassembly, damage to, or destruction thereof. Any
such structure shall not contain a permanent metal chassis and shall be affixed
to a permanent load-bearing foundation. The term shall not include manufactured
homes as defined by the National Manufactured Housing Construction and Safety
Standards Act of 1974, 42 U.S.C. Section 5401, et
seq."
SECTION
3.
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 industrialized buildings
and
residential industrialized buildings
bearing an insignia of approval issued by the commissioner pursuant to this part
shall be
held
deemed
to comply with the
requirements
of all
state minimum
standards codes and all ordinances
or
and
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.
No ordinance
or regulation enacted by a county or municipality shall exclude residential
industrialized buildings from being sited in such county or municipality in a
residential district solely because the building is a residential industrialized
building. Local ordinances may require a separate building permit to site each
industrialized building.
(2)
Areas of county and municipal authority including, but not limited to, local
land use and zoning, building setback, side and rear yard requirements, utility
connections, and subdivision regulation, as well as the regulation of
architectural and esthetic requirements, are specifically and entirely reserved
to the county, if in the unincorporated area, or the municipality where the
industrialized building or residential industrialized building is
sited.
(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
4.
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 and has been titled.
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 rules and regulations setting
forth standards for pre-owned manufactured homes.
(c)
Such standards shall include, but shall not be limited to:
(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. The 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. The Commissioner may provide for the inspections to 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, the sales
agreement or contract shall specifically and prominently state on its face in at
least 12 point type 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 the owner shall be required to obtain a certificate of
compliance with all standards prior to the pre-owned manufactured home being
relocated and occupied for residential purposes.
(h)
No county or municipality shall impose any standards or conditions, including
any standard or condition based upon the age of the manufactured home, for
pre-owned manufactured homes that conflict with, are inconsistent with, or are
more stringent than the standards promulgated by the Commissioner pursuant to
this Code section; provided, however, counties and municipalities may enforce
all other applicable local zoning and land use
regulations."
SECTION
5.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.