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COMMITTEE REPORT
April 14, 2004
H. 4735
S. Printed 4/14/04--H.
Read the first time February 11, 2004.
To whom was referred a Bill (H. 4735) to amend the Code of Laws of South Carolina, 1976, by adding Section 23-43-85 so as to provide appearance, construction, and foundation standards for a modular home, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 43, Title 23 of the 1976 Code is amended by adding:
"Section 23-43-85. (A) A single-family modular home manufactured after January 1, 2005, must meet the following standards to be certified for placement in this State:
(1) Roof pitch. For homes with a single predominant roofline, the pitch of the roof must be at least five feet rise for every twelve feet of run;
(2) Eave projections. The eave projections of the roof must be at least ten inches, not including a gutter around the perimeter of the home unless the roof pitch is at least seven feet rise for every twelve feet of run;
(3) Exterior wall. The height of the exterior wall must be at least seven feet six inches for the first story;
(4) Siding and roofing materials. The materials and texture of the exterior materials must be compatible in composition, appearance, and durability to the exterior materials commonly used in standard residential construction.
(B) A single-family modular home placed in the State after January 1, 2005, must meet the foundation requirements provided by the State in this subsection.
(1) A perimeter wall located under the exterior walls of the home, whether load-bearing or non load-bearing, must be constructed of brick, masonry, or other permanent material commonly used in standard residential construction, consistent with surrounding residential structures, and in accordance with the International Residential Code as adopted by the South Carolina Department of Labor, Licensing and Regulation. All modular manufacturers shall submit with the plan set for each building to the department's Modular Buildings Program a minimum foundation design.
(2) A home located in a coastal or flood plain area may require piling or other special foundation designs. These foundations must be designed by a registered professional engineer or architect and are subject to review and approval by the local jurisdiction and not by the Modular Buildings Program. A perimeter wall constructed of brick, masonry, or other materials to enclose the foundation of the home may be a requirement of the design."
SECTION 2. Section 12-36-2120(34) of the 1976 Code is amended to read:
"(34) thirty-five fifty percent of the gross proceeds of the sale of a modular homes home as defined in Section 31-17-20 regulated pursuant to Chapter 43 of Title 23, both on-frame and off-frame. For purposes of this item only, 'gross proceeds of sale' equals the manufacturer's net invoice price of the modular home sold, including all accessories built in to the modular home at the time of delivery to the purchaser and not including freight or deposit on returnable materials. The manufacturer shall collect the tax and remit it to the Department of Revenue;"
SECTION 3. Section 12-36-2110(B) of the 1976 Code is amended by adding at the end:
"The maximum tax authorized by this subsection does not apply to a single-family modular home regulated pursuant to Chapter 43, Title 23."
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
HARRY F. CATO for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-43-85 SO AS TO PROVIDE APPEARANCE, CONSTRUCTION, AND FOUNDATION STANDARDS FOR A MODULAR HOME CERTIFIED FOR PLACEMENT IN SOUTH CAROLINA; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX IN THIS STATE, SO AS TO PROVIDE AN EXEMPTION FOR SIXTY PERCENT OF THE GROSS PROCEEDS OF THE SALE OF A MODULAR HOME AND TO DEFINE "GROSS PROCEEDS OF SALE", FOR THIS PURPOSE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 43, Title 23 of the 1976 Code is amended by adding:
"Section 23-43-85. (A) A single-family modular home manufactured after January 1, 2005, must meet the following standards to be certified for placement in this State:
(1) Roof pitch. For homes with a single predominant roofline, the pitch of the roof must be at least five feet rise for every twelve feet of run;
(2) Eave projections. The eave projections of the roof must be at least ten inches, not including a gutter around the perimeter of the home unless the roof pitch is at least seven feet rise for every twelve feet of run;
(3) Exterior wall. The height of the exterior wall must be at least seven feet six inches for the first story;
(4) Siding and roofing materials. The materials and texture of the exterior materials must be compatible in composition, appearance, and durability to the exterior materials commonly used in standard residential construction.
(B) A single-family modular home placed in the State after January 1, 2005, must meet the foundation requirements provided by the State in this subsection.
(1) The home must be supported by a permanent foundation designed to displace the loads. All modular manufacturers are required to submit a minimum foundation design to the South Carolina Department of Labor, Licensing and Regulation, Modular Buildings Program, with the plan set for each building, for review and approval by the department. The minimum foundation design must include the following:
(a) footings, pier locations, specifications, and cross sections;
(b) minimum soil bearing capacity of two thousand pounds per square foot;
(c) minimum allowable concrete compressive strength;
(d) allowable mortar types;
(e) building anchorage, lateral and longitudinal;
(f) ventilation requirements;
(g) crawl space access requirements;
(h) a perimeter wall located under the exterior walls of the home, whether load-bearing or non load-bearing, constructed of brick, masonry, or other permanent material commonly used in standard residential construction and consistent with surrounding residential structures.
(2) A home located in a coastal or flood plain area may require piling or other special foundation designs. These foundations must be designed by a registered professional engineer or architect and are subject to review and approval by the local jurisdiction and not by the Modular Buildings Program. A perimeter wall constructed of brick, masonry, or other materials to enclose the foundation of the home may be a requirement of the design."
SECTION 2. Section 12-36-2120(34) of the 1976 Code is amended to read:
"(34) thirty-five sixty percent of the gross proceeds of the sale of a modular homes home as defined in Section 31-17-20 regulated pursuant to Chapter 43 of Title 23, both on-frame and off-frame. For purposes of this item only, 'gross proceeds of sale' equals the manufacturer's net invoice price of the modular home sold, including all accessories attached to the modular home at the time of delivery to the purchaser and not including freight, set-up cost, or deposit on returnable materials. The manufacturer shall collect the tax and remit it to the Department of Revenue;"
SECTION 3. This act takes effect upon approval by the Governor.
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