10 LC 28
5274S
The
House Committee on Governmental Affairs offers the following substitute to
SB 384:
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 a person who owns or has the right to use
real property may install and occupy a pre-owned manufactured home on such
property under certain circumstances; to provide for health and safety standards
for pre-owned manufactured homes; to provide for certain immunities; to prohibit
certain 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 adding a new part
to read as follows:
"Part
3A
8-2-170.
As
used in this part, the term:
(1)
'Install' means to construct a foundation system and to place or erect 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.
(2)
'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.
(3)
'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, 2010, any person who is the owner of real
property or who has a right to the use of real property may install and occupy a
pre-owned manufactured home on such property, provided that such pre-owned
manufactured home is in compliance with the provisions of this part and any
applicable county or municipal zoning ordinances.
(b)
No county or municipality shall impose any health and safety standards or
conditions based upon the age of a manufactured home.
(c)
A county or municipality may establish health and safety standards and
conditions and an inspection program for pre-owned manufactured homes which are
relocated from their current locations.
(d)
Neither a county or municipality nor any inspector thereof 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."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.