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Bill 3728

                    Current Status

Bill Number:                      3728
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990311
Primary Sponsor:                  Mack
All Sponsors:                     Mack, Breeland, J. Brown, T. Brown, 
                                  Dantzler, Emory, Harrell, Howard, Inabinett, 
                                  Lloyd, J.H. Neal, Pinckney and Whipper
Drafted Document Number:          l:\council\bills\pt\1298dw99.doc
Companion Bill Number:            521
Residing Body:                    House
Date Tabled:                      19990413
Current Committee:                Labor, Commerce and Industry Committee 26 
                                  HLCI
Subject:                          Modular buildings, construction of; 
                                  political subdivision may require zoning; 
                                  Mobile Homes, Buildings


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990413  Tabled in Committee                    26 HLCI
House   19990311  Introduced, read first time,           26 HLCI
                  referred to Committee


                             Versions of This Bill

TO AMEND SECTION 23-43-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT MODULAR BUILDING UNITS MUST BE ACCEPTABLE IN ALL LOCALITIES AS MEETING THE REQUIREMENTS OF CHAPTER 43, TITLE 23 AND MUST BE CONSIDERED EQUIVALENT TO A SITE-BUILT STRUCTURE FOR CERTAIN LOCAL PURPOSES, SO AS TO AUTHORIZE LOCAL GOVERNMENTS TO DETERMINE THE LOCATION OF MODULAR BUILDING UNITS AND TO DEFINE MODULAR BUILDING UNITS FOR PURPOSES OF THIS SECTION.

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

SECTION 1. Section 23-43-130 of the 1976 Code, as last amended by Act 560 of 1990, is further amended to read:

"Section 23-43-130. Modular building units bearing evidence of approval must be acceptable in all localities as meeting the requirements of this chapter and must be considered and accepted equivalent to a site-built structure as meeting the requirements of safety to life, health, and property imposed by any ordinance of any local government if the units are erected or installed in accordance with all conditions of the approval.

(A) For purposes of this section, 'modular building units' means residential dwellings constructed off-site in accordance with applicable codes and transported to the point of use for installation or erection.

(B) Local land use and zoning requirements, fire zones, building setback requirements, site development requirements, subdivision control, and on-site installation requirements, as well as the review and regulation of aesthetic requirements, are specifically and entirely reserved to local authorities with regard to the location, erection, and installation of modular building units. Those local requirements and rules which may be enacted by local authorities must be reasonable and uniformly applied and enforced without any distinction as to whether a building is a modular or constructed on site in a conventional manner. All local building officials shall enforce the provisions of this chapter and applicable regulations. In localities with no building official, the State Fire Marshal, the Building Codes Council, or the South Carolina Residential Homebuilders Commission, within their authority, shall enforce."

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

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