NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 1172

SENATE BILL 723

 

 

AN ACT TO AMEND ARTICLE 9A OF CHAPTER 143 OF THE GENERAL STATUTES OF NORTH CAROLINA TO REQUIRE COMPLIANCE WITH STANDARDS ADOPTED FOR THE CONSTRUCTION OF MOBILE HOMES.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 143-145 is hereby amended by rewriting this section to read as follows:

"§ 143-145.  Definitions. — Unless clearly indicated otherwise by context, the following words when used in this Article, for the purpose of this Article, shall have the meanings respectively ascribed to them in this section:

(1)        'Commissioner' means the Commissioner of Insurance of the State of North Carolina.

(2)        'Mobile Home' means a portable manufactured housing unit designed for transportation on its own chassis and placement on a temporary or semipermanent foundation having a measurement of over thirty-two (32) feet in length and over eight (8) feet in width. As used in this Article, mobile home also means a double wide mobile home which is two or more portable manufactured housing units designed for transportation on their own chassis, which connect on site for placement on a temporary or semipermanent foundation having a measurement of over thirty-two (32) feet in length and over eight (8) feet in width.

(3)        'Council' means the North Carolina State Building Code Council.

(4)        'Person' means any corporation, partnership, association, voluntary organization or governmental agency of the United States or any state therein and does not mean an individual natural person.

(5)        'Inspection Department' means a North Carolina city or county building inspection department authorized by Chapter 160 or Chapter 153 of the General Statutes.

(6)        'Label of compliance' shall mean a permanent label or seal permanently attached to a mobile home at completion of construction thereof which is issued by any independent, solvent, and trustworthy person approved and licensed by the Council as being competent and as having and utilizing initial and follow-up manufacturing inspection services which provide the highest degree of quality control, and on which seal or label shall be recorded:

a.         the person issuing such label or seal and the serial number of the label or seal;

b.         the serial or other identification number of said mobile home;

c.         a certification that said mobile home was evaluated, tested, and inspected in accordance with the standards and rules and regulations prescribed in this Article.

(7)        'Certificate of compliance' means a certificate issued by an Inspection Department approved and licensed by the Council as being competent which certificate shall be valid only within the jurisdiction of the Inspection Department and on which certificate shall be recorded:

a.         the Inspection Department issuing such certificate;

b.         the date of issue;

c.         the serial or other identification number of such mobile home and the name of the manufacturer;

d.         a certification that such mobile home was on the day of inspection so opened that its entire structural, electrical, heating, plumbing and air conditioning systems could be closely observed and inspected;

e.         a certification that said mobile home complies in full with the standards and rules and regulations prescribed in this Article.

(8)        'Competent' shall mean competent to technically evaluate, test, and inspect in accordance with the standards, rules and regulations prescribed in this Article: the structural features, the plumbing, heating, electrical and air conditioning systems and the materials used in the construction of a mobile home."

Sec. 2.  G.S. 143-146 is hereby amended by rewriting this section to read as follows:

"§ 143-146.  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 make and promulgate rules and regulations embodying the fundamental principles adopted, recommended, or issued as ANSI A119.1 and amended from time to time by the American National Standards Institute (ANSI), successor to the American Standards Association (ASA) applicable to mobile homes as defined herein.

(c)        The Council is authorized to make and promulgate reasonable rules and regulations governing the procedure to be followed by a person or Inspection Department seeking to obtain a license pursuant to the provisions of this Article which shall provide opportunity for hearing before the Council on such application.

(d)        In order to insure the highest degree of quality control in the manufacture of mobile homes, the Council is further authorized and empowered to make and promulgate reasonable rules and regulations governing the initial and follow-up manufacturing inspection practices and procedures to be performed by any person granted a license to issue a label of compliance pursuant to this Article. In order to assure uniformity in standards and enforcement, such rules and regulations may also provide that any such licensee and its operations may be inspected from time to time by any other person or licensee designated by the Council who shall report the results of such examination to the Council. In such case the reasonable expense incurred by the examiner in making such inspection shall be borne by the licensee whose operations were examined."

Sec. 3.  G.S. 143-147 is hereby amended by deleting the present wording of this section and substituting in lieu thereof the following words:

"§ 143-147.  Approval and licensing of persons and Inspection Departments. — (a) Any qualified person may make application to the Council for approval for license to issue labels of compliance. Any Inspection Department may make application to the Council for approval for issuing certificates of compliance. The Council after notice and hearing, if satisfied that such person or Inspection Department meets the qualifications prescribed in this Article, shall cause a license to be issued which license shall be valid for a consecutive period of 12 months and may be renewed for like consecutive periods on application to and approval by the Council;

(b)        Any such license issued to a person other than an Inspection Department may be suspended or revoked after notice and hearing if such person:

(1)        Is either insolvent, not competent, not independent, or untrustworthy;

(2)        Has made false statements in his application to the Council for license;

(3)        Fails or neglects to perform evaluations, testing, or manufacturing inspections in accordance with its proposed plans and procedures submitted to the Council or fails to comply with any applicable rules and regulations promulgated by the Council pursuant to G.S. 143-146(d);

(4)        Has repeatedly, specifically or by implication authorized the attachment of its label of compliance to mobile homes and such mobile homes did not meet the standards and rules and regulations provided by this Article at the time said labels were attached.

(c)        Any such license issued to an Inspection Department may be suspended or revoked after notice and hearing if such Department:

(1)        Is not competent;

(2)        Has issued a certificate of compliance on a mobile home when such mobile home was not opened for inspection so that the entire structural, electrical, heating, plumbing and air conditioning systems could be closely observed and inspected;

(3)        Has issued a certificate of compliance on a mobile home and such mobile home did not at the time of inspection meet the standards and rules and regulations provided by this Article."

Sec. 4.  G.S. 143-148 is hereby amended by deleting the present wording of this section and substituting in lieu thereof the following words:

"§ 143-148.  Compliance with the Commissioner's rules. — (a) No individual natural person, firm, partnership, association or corporation may manufacture, sell, or offer for sale any mobile home in this State which has been constructed after July 1, 1970, unless such mobile home, its components, systems, and appliances have been constructed and assembled in accordance with the standards herein defined.

(b)        Any mobile home which bears a label or seal of compliance of a person licensed and approved by the Council shall be deemed to be in full compliance with the standards and rules and regulations prescribed in this Article."

Sec. 5.  Article 9A of Chapter 143 of the General Statutes of North Carolina is hereby amended by adding a new section thereto to be designated G.S. 143-149 and reading as follows:

"§ 143-149.  Necessity for obtaining label or certificate for purposes of sale. — No individual natural person, firm, partnership, association or corporation shall after September 1, 1971, sell or offer for sale any mobile home in this State, which mobile home does not bear permanently attached thereto a label of compliance or for which mobile home the individual natural person, firm, partnership, association, or corporation selling or offering to sell such mobile home does not have a certificate of compliance; Provided it shall be a defense to any prosecution for a violation of the provisions of this section if such individual natural person, firm, partnership, association or corporation shall show that a certificate of title for such mobile home as required by G.S. 20-52 was obtained prior to September 1, 1971, or produces other satisfactory evidence on file with the North Carolina Department of Motor Vehicles that such mobile home was manufactured prior to September 1, 1971."

Sec. 6.  Article 9A of Chapter 143 of the General Statutes of North Carolina is hereby amended by adding a new section thereto to be designated G.S. 143-150 and reading as follows:

"§ 143-150.  No electricity to be furnished units not in compliance. — It shall be unlawful for any individual natural person, partnership, firm or corporation to allow any electric current for use in any mobile home to be turned on or to continue to furnish electricity for use in such mobile home without having first ascertained that either a label of compliance is permanently attached to said mobile home or a certificate of compliance has been issued for such mobile home, provided this section shall not apply if electricity to such mobile home had been turned on or furnished prior to September 1, 1971, by said firm or corporation or if the owner of said mobile home shall have obtained a certificate of title for said mobile home as required by G.S. 20-52 prior to September 1, 1971, or his predecessor in title shall have obtained such certificate prior to September 1, 1971, or the owner furnishes other satisfactory evidence on file with the North Carolina Department of Motor Vehicles that said mobile home was manufactured prior to September 1, 1971."

Sec. 7.  Article 9A of Chapter 143 of the General Statutes of North Carolina is hereby amended by adding a new section thereto to be designated G.S. 143-151 and reading as follows:

"§ 143-151.  Penalties. — Any individual natural person, partnership, firm, association or corporation who shall be adjudged to have violated the provisions of G.S. 143-148(a), G.S. 143-149, or G.S. 143-150 shall be guilty of a misdemeanor and shall upon conviction be liable to a fine not to exceed five hundred dollars ($500.00) for each offense."

Sec. 8.  Article 9A of Chapter 143 of the General Statutes of North Carolina is hereby amended by adding a new section thereto to be designated G.S. 143-152 and reading as follows:

"§ 143-152.  Enforcement. — The Commissioner of Insurance or any Inspection Department may initiate any appropriate action or proceeding to prevent, restrain, or correct any violation of this Article."

Sec. 9.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 21st day of July, 1971.