H 3728 General Bill, By Mack, Breeland, J. Brown, T. Brown, Dantzler, Emory, 
Harrell, Howard, Inabinett, Lloyd, J.H. Neal, Pinckney and Whipper

Similar(S 521)
 A 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.

   03/11/99  House  Introduced and read first time HJ-8
   03/11/99  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-8
   04/13/99  House  Tabled in committee Labor, Commerce and Industry

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.