South Carolina Legislature


1976 South Carolina Code of Laws
Unannotated

Title 31 - Housing and Redevelopment

CHAPTER 17

Mobile Homes and House Trailers

ARTICLE 3

Licensing of Mobile Homes

SECTION 31-17-310. "Mobile home" defined.

"Mobile home" as used in this article shall have the meaning assigned in Section 31-17-20.

HISTORY: 1962 Code Section 46-100; 1962 (52) 2181; 1968 (55) 2841; 1969 (56) 219; 1978 Act No. 576, Section 1.

Editor's Note

Section 31-17-20, which defined "mobile home" in subsection (a), was repealed by 1989 Act No. 128, Section 6. For a definition of "manufactured home" somewhat analogous to the repealed provision, see Section 40-29-20.

SECTION 31-17-320. License required for mobile homes; proof of title required; proof of license required prior to connecting electricity.

(A) Within fifteen days after bringing a mobile home into this State, or the purchase of a mobile home in this State, or the relocation of a mobile home from one county to another within this State, for dwelling purposes, the owner, rental agent, or person in possession shall obtain a license from the governing body of the county or its designated agent hereinafter referred to as licensing agent, in which such mobile home is located.

(B) Before issuing a license for a mobile home to be located in any county in this State, the licensing agent shall require from the person applying for the license either a copy of the certificate of title to the mobile home, or a copy of the completed application for a certificate of title submitted to the Department of Motor Vehicles. Upon satisfaction of all county licensing requirements, including payment of any licensing fee, the county licensing agent shall give the license applicant a certified copy of the application form, indicating that the licensing requirements have been met.

(C) Before connecting electricity to any mobile home in this State, the electric supplier shall obtain from the owner, rental agent, or person in possession of the mobile home, a copy of the certified license application form indicating that the license fee has been paid, and the electric supplier shall retain a copy of the form in its records.

HISTORY: 1962 Code Section 46-100.1; 1962 (52) 2181; 1978 Act No. 576, Section 1; 1994 Act No. 506, Section 3; 1996 Act No. 459, Section 52.

SECTION 31-17-330. Exceptions.

No such license shall be required with respect to mobile homes held by dealers for resale, nor shall this article be applicable to mobile homes licensed by the South Carolina Department of Motor Vehicles. Licenses required by this article shall be in lieu of any building or construction permit now required by local act or ordinance.

HISTORY: 1962 Code Section 46-100.2; 1962 (52) 2181; 1978 Act No. 576, Section 1.

SECTION 31-17-340. Period of validity of license issued by licensing agent; decal; license fee.

A mobile home license issued by the licensing agent shall be valid until title to such mobile home is transferred to a new owner or until the mobile home is relocated. The license shall be evidenced by a decal to be delivered to the owner or his agent on a form as shall be prescribed by the Department of Revenue and shall be displayed on the mobile home so as to be clearly and readily visible from the outside. The fee for a mobile home license shall be five dollars. The fee shall be collected by the licensing agent issuing the license and shall be paid into the general fund of the county.

HISTORY: 1962 Code Section 46-100.3; 1962 (52) 2181; 1978 Act No. 576, Section 1; 1993 Act No. 181, Section 508; 1996 Act No. 459, Section 53.

SECTION 31-17-350. New license required upon transfer of mobile home.

If the title to a mobile home is transferred to a new owner, the new owner or his agent shall within fifteen days after the date of such transfer, obtain a new license from the licensing agent of the county in which the mobile home is to be located.

HISTORY: 1962 Code Section 46-100.4; 1962 (52) 2181; 1978 Act No. 576, Section 1; 1994 Act No. 506, Section 4.

SECTION 31-17-360. Moving permit; certificate concerning taxes; notice to electric supplier.

If the mobile home is to be relocated, the owner, rental agent, or person in possession, prior to relocation, shall obtain a moving permit from the licensing agent. Before issuing a moving permit, the licensing agent shall require a certificate from the county treasurer that there are no unpaid taxes due on the mobile home and either a copy of the certificate of title to the mobile home, or a copy of the application for a certificate of title submitted to the Department of Motor Vehicles. If the mobile home is to be removed beyond the boundaries of the county, any taxes that have been assessed for that calendar year must be paid in full, and if taxes have not yet been assessed for the calendar year in which the move is being made, the assessor shall provide the county auditor with an assessment and the auditor shall apply the previous year's millage. The county treasurer shall collect the taxes before issuing the requisite certificate to the licensing agent, and upon payment of any taxes, give the permit applicant a receipt showing that all taxes have been paid.

The licensing agent shall promptly notify the present electric supplier that a permit has been issued. The permit required by this section is not required of mobile home dealers when they are moving a mobile home from their sales lot to a customer's lot, but the mobile home dealer is not relieved from obtaining any permit required from the Department of Transportation for the relocation.

HISTORY: 1962 Code Section 46-100.4:1; 1965 (54) 583; 1968 (55) 2841; 1970 (56) 2645; 1978 Act No. 576, Section 1; 1980 Act No. 434, Section 1; 1993 Act No. 181, Section 509; 1994 Act No. 506, Section 5; 1996 Act No. 459, Section 54.

SECTION 31-17-370. Permit shall accompany mobile home during move; regulations; responsibility for displaying permit.

The moving permit shall accompany the mobile home while it is being moved. The moving permit shall be designed and displayed in accordance with regulations to be issued by the South Carolina Department of Revenue, which shall adopt such regulations as may be necessary to insure uniform licensing and moving permit procedures. It shall be the responsibility of the mobile home transporter that the required moving permit is properly displayed and accompanies the mobile home while it is being moved.

HISTORY: 1962 Code Section 46-100.5; 1962 (52) 2181; 1978 Act No. 576, Section 1; 1993 Act No. 181, Section 510.

SECTION 31-17-380. Submission of moving permit to licensing agent of new county; issuance of new license; transmission of papers to new county.

If the relocation is from one county to another, the owner, rental agent, or person in possession of the mobile home, within fifteen days after his mobile home is relocated, shall submit the moving permit to the licensing agent of the county in which the mobile home is relocated and obtain a new license pursuant to Section 31-17-320. The licensing agent issuing the moving permit shall promptly furnish the licensing agent of the county to which the mobile home is being transported with a copy of the certified license application or permit, a copy of the paid tax receipt from the county from which the home is being moved, and either a copy of the certificate of title or a copy of the completed application for a certificate of title submitted to the Department of Motor Vehicles.

HISTORY: 1978 Act No. 576, Section 1; 1994 Act No. 506, Section 6; 1996 Act No. 459, Section 55.

SECTION 31-17-390. Copies of applications and permits to be given to county assessor and county auditor.

A copy of all license applications and moving permits must be furnished to the county assessor and the county auditor within ten days of date of issuance.

HISTORY: 1978 Act No. 576, Section 1; 1994 Act No. 506, Section 7.

SECTION 31-17-400. Penalty.

Any person violating any of the provisions of this article, shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than two hundred dollars.

HISTORY: 1978 Act No. 576, Section 1.

SECTION 31-17-410. Submission to county auditor of copy of application for title on mobile or manufactured home; penalties for noncompliance.

(A) Contemporaneously with the submission of an application for a certificate of title on a mobile or manufactured home as required by Section 56-19-240, the person submitting the application shall provide to the auditor of the county in which a mobile or manufactured home is to be located, a copy of the completed application submitted to the Department of Motor Vehicles.

(B) It is unlawful for a person applying for a title for a mobile or manufactured home to fail to provide a copy of the application to the appropriate county auditor. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or imprisonment for not more than thirty days.

HISTORY: 1994 Act No. 506, Section 2; 1996 Act No. 459, Section 56.

ARTICLE 5

Travel Trailer Sales [Repealed]

SECTIONS 31-17-510 to 31-17-580. Repealed.

HISTORY: Former Section 31-17-510, titled Definitions, had the following history: 1986 Act No. 436, Section 1; 1993 Act No. 181, Section 511. Repealed by 2017 Act No. 51, Section 5, eff November 19, 2017.

HISTORY: Former Section 31-17-520, titled Licensing of dealers; application form and fees; penalties for noncompliance, had the following history: 1986 Act No. 436, Section 2; 1988 Act No. 603, Section 3. Repealed by 2017 Act No. 51, Section 5, eff November 19, 2017.

HISTORY: Former Section 31-17-522, titled Exhibition or display of travel trailers at campgrounds, had the following history: 1997 Act No. 150, Section 1. Repealed by 2017 Act No. 51, Section 5, eff November 19, 2017.

HISTORY: Former Section 31-17-530, titled Disclosure and surety bond requirements; requirement that dealers report changes in information; procedures upon cessation of dealership, had the following history: 1986 Act No. 436, Section 3. Repealed by 2017 Act No. 51, Section 5, eff November 19, 2017.

HISTORY: Former Section 31-17-540, titled Maintenance of bona fide place of business with permanent sign and adequate space, had the following history: 1986 Act No. 436, Section 4. Repealed by 2017 Act No. 51, Section 5, eff November 19, 2017.

HISTORY: Former Section 31-17-550, titled Recordkeeping requirements, had the following history: 1986 Act No. 436, Section 5. Repealed by 2017 Act No. 51, Section 5, eff November 19, 2017.

HISTORY: Former Section 31-17-560, titled Denial, suspension, or revocation of license, had the following history: 1986 Act No. 436, Section 6. Repealed by 2017 Act No. 51, Section 5, eff November 19, 2017.

HISTORY: Former Section 31-17-570, titled Exemption of persons having motor vehicle dealer's license or manufactured home dealer's license, had the following history: 1986 Act No. 436, Section 7. Repealed by 2017 Act No. 51, Section 5, eff November 19, 2017.

HISTORY: Former Section 31-17-580, titled Promulgation of regulations, had the following history: 1986 Act No. 436, Section 8. Repealed by 2017 Act No. 51, Section 5, eff November 19, 2017.




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