South Carolina General Assembly
119th Session, 2011-2012

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Bill 3301

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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COMMITTEE REPORT

April 6, 2011

H. 3301

Introduced by Reps. Clemmons, Bowers, Bales, Anderson, Pinson, R.L. Brown and Erickson

S. Printed 4/6/11--S.

Read the first time February 9, 2011.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 3301) to amend Section 23-43-85, Code of Laws of South Carolina, 1976, relating to standards for placement of modular homes, so as to provide circumstances in which, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass:

GERALD MALLOY for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

The Department of Labor, Licensing and Regulation estimates this ill will have no fiscal impact on the state general fund or on federal and/or other funds.

Approved By:

Harry Bell

Office of State Budget

A BILL

TO AMEND SECTION 23-43-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STANDARDS FOR PLACEMENT OF MODULAR HOMES, SO AS TO PROVIDE CIRCUMSTANCES IN WHICH A MODULAR HOME USED AS A DISPLAY MODEL MAY BE PLACED FOR ITS FIRST RESIDENTIAL USE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 23-43-85 of the 1976 Code is amended to read:

"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.

(C)    An appeal for a variance from a certification standard or a foundation requirement described in this section may be taken in the same manner as provided in Section 23-43-120.

(D)    A single-family modular home used as a display model may be placed for its first residential use in this State if:

(1)    it bears a valid modular home label issued pursuant to this chapter;

(2)    it meets the appropriate wind and seismic requirements in effect when the label was issued;

(3)    it has not been altered from its original design;

(4)    it was manufactured within five years before the placement for first residential use; and

(5)    the seller provides the purchaser with written notice that the home meets the appropriate code requirements in effect at the time of manufacture, and may or may not meet the code requirements in effect at the time of placement for residential use."

SECTION    2.    This act takes effect upon approval by the Governor.

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