10 LC 28
5018ERS
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 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.
(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.
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.