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2018 Georgia Code 8-2-131 | Car Wreck Lawyer

TITLE 8 BUILDINGS AND HOUSING

Section 2. Standards and Requirements for Construction, Alteration, Etc., of Buildings and Other Structures, 8-2-1 through 8-2-222.

ARTICLE 2 FACTORY BUILT BUILDINGS AND DWELLING UNITS

8-2-131. Definitions.

As used in this part, the term:

  1. "Commissioner" means the Safety Fire Commissioner.
  2. "Installer" means a person responsible for performing an installation and who is required to obtain a license pursuant to the provisions of Code Section 8-2-160.
  3. "Lending institutions" means lenders that acquire manufactured or mobile homes incident to their regular business, including national and state chartered banks, federal and state chartered credit unions, lenders that are licensed under Article 13 of Chapter 1 of Title 7, and lenders that are involved in manufactured or mobile home chattel lending.
  4. "Manufactured home" means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq.
  5. "Manufacturer" means any person who constructs or assembles manufactured homes.
  6. "Mobile home" means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein and manufactured prior to June 15, 1976.
  7. "Person" means an individual, corporation, partnership, association, or any other legal entity but shall not include a trust or the state or any political subdivision thereof.
  8. "Retail broker" means any person engaged in the business of selling or offering for sale to consumers three or more new or used manufactured or mobile homes in a 12 month period and who does not maintain a display of manufactured or mobile homes. As used in this paragraph, the terms "selling" and "sale" include lease-purchase transactions, and the term "retail broker" does not include lending institutions.
  9. "Retailer" means any person engaged in the business of selling or offering for sale to consumers three or more new or used manufactured or mobile homes in a 12 month period and who maintains a display of manufactured or mobile homes. As used in this paragraph, the terms "selling" and "sale" include lease-purchase transactions, and the term "retailer" does not include lending institutions.

(Ga. L. 1968, p. 415, § 2; Ga. L. 1973, p. 4, § 2; Code 1981, §8-2-131; Ga. L. 1982, p. 1376, §§ 3, 7; Ga. L. 1989, p. 14, § 8; Ga. L. 1992, p. 2750, § 1; Ga. L. 2004, p. 607, § 1; Ga. L. 2015, p. 5, § 8/HB 90.)

The 2015 amendment, effective March 13, 2015, part of an Act to revise, modernize, and correct the Code, deleted "Georgia" preceding "Safety Fire Commissioner" in paragraph (1).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2004, a comma was deleted following "entity" in paragraph (7).

JUDICIAL DECISIONS

Cited in White v. Legodais, 249 Ga. 849, 295 S.E.2d 99 (1982); Hill v. Duncan, 249 Ga. App. 342, 548 S.E.2d 83 (2001).

OPINIONS OF THE ATTORNEY GENERAL

Permanent chassis.

- "Permanent chassis" is one which is a part of the mobile home, provides the support for the floor and foundation, and cannot be removed at any time. 1983 Op. Att'y Gen. No. 83-15.

RESEARCH REFERENCES

ALR.

- Use of trailer or similar structure for residence purposes as within limitation of restrictive covenant, zoning provision, or building regulation, 96 A.L.R.2d 232; 17 A.L.R.4th 106.

What is "mobile home," "house trailer," "trailer house," or "trailer" within meaning of restrictive covenant, 83 A.L.R.5th 651.

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