NORTH CAROLINA GENERAL ASSEMBLY

1969 SESSION

 

 

CHAPTER 961

SENATE BILL 526

 

 

AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF STANDARDS OF CONSTRUCTION FOR MOBILE HOMES, TO REQUIRE COMPLIANCE THEREWITH, TO PROVIDE FOR RECIPROCITY WITH OTHER STATES AND FOR OTHER PURPOSES.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Short Title. This Act shall be known and may be cited as "The Uniform Standards Code for Mobile Homes Act".

Sec. 2.  Definitions. Unless clearly indicated otherwise by context, the following words when used in this Act, for the purpose of this Act, shall have the meanings respectively ascribed to them in this Section:

(a)        "Mobile Home" means a movable or portable dwelling over 32 feet in length and over 8 feet wide, constructed to be towed on its own chassis and designed without a permanent foundation for year-round occupancy, which includes one or more components that can be retracted for towing purposes and subsequently expanded for additional capacity, or of two or more units separately towable but designed to be joined into one integral unit, as well as a portable dwelling composed of a single unit.

(b)        "Commissioner" means the Commissioner of Insurance of the State of North Carolina.

Sec. 3.  Statement of Policy. Rule Making Power.

(a)  Mobile homes, because of the manner of their construction, assembly and use and that of their systems, components and appliances (including heating, plumbing and electrical systems) like other finished products having concealed vital parts may present hazards to the health, life and safety of persons and to the safety of property unless properly manufactured. In the sale of Mobile Homes, there is also the possibility of defects not readily ascertainable when inspected by purchasers. It is the policy and purpose of this State to provide protection to the public against those possible hazards, and for that purpose to forbid the manufacture and sale of new Mobile Homes which are not so constructed as to provide reasonable safety and protection to their owners and users.

(b)  The Commissioner is authorized and empowered to promulgate rules and regulations embodying the fundamental principles adopted, recommended, or issued as USAS A119.1 and amended from time to time by the United States of America Standards Institute (USASI), successor to the American Standards Association (ASA) applicable to mobile homes as defined herein.

Sec. 4.  Compliance with the Commissioner's Rules. No person, firms or corporation may manufacture, sell, or offer for sale any mobile home which has been constructed more than twelve (12) months after the effective date of this Act, unless such mobile home, its components, systems and appliances have been constructed and assembled in accordance with the Standards herein defined. Any mobile home unit which bears the label or seal of compliance of a recognized testing laboratory having follow-up inspection services approved by the North Carolina State Building Code Council (such as Underwriters' Laboratories or similar testing service) shall be deemed to be in full compliance with the standards and rules and regulations prescribed in this Act. All mobile home units bearing such label or seal shall be acceptable as meeting the requirements of this Act throughout the State of North Carolina without further inspection or fees except for zoning, utility connections and foundation permits required by local ordinance. Any Mobile Home unit not bearing such label or seal shall be subject to inspection by local building inspectors as provided in Section 5 of this Act.

Sec. 5.  Enforcement. This Act shall be enforced by local building inspectors under the supervision of the State Commissioner of Insurance in the same manner as the State Building Code is enforced under Article 9 of Chapter 143 of the General Statutes, and all penalties and enforcement provisions of said Article apply to the enforcement of this Act.

Sec. 6.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 7.  This Act shall be in full force and effect from and after July 1, 1969.

In the General Assembly read three times and ratified, this the 20th day of June, 1969.