O.C.G.A.

O.C.G.A. § 8-2-132 (2019)

Authority of Commissioner; policy and purpose

✓ O.C.G.A.: 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) The Commissioner is authorized and empowered to contract or enter into cooperative agreements with any agency, department, or instrumentality of the United States; any agency, board, department, or commission of the state; any county, municipality, or local government of the state, or any combination of same; any public or private corporation or firm, or any persons whatsoever; or any public authority, agency, commission, or institution to participate in the enforcement of manufactured home construction and safety standards which may be promulgated pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq.; provided, however, that the Commissioner shall notify the United States Department of Housing and Urban Development by July 1 of his or her intention to terminate any such contract or agreement, which termination shall become effective on July 1 of the following year.

(b) It is the policy of this state and purpose of this part to forbid the manufacture and sale of new manufactured homes which are not constructed in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq.

(c) The Commissioner is authorized and empowered to issue and promulgate all rules and procedures which in his or her judgment are necessary and desirable to make effective the construction standards established by the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq.

History

Ga. L. 1968, p. 415, § 3; Ga. L. 1973, p. 4, § 3; Ga. L. 1977, p. 879, § 1; Code 1981, § 8-2-132; Ga. L. 1982, p. 1376, §§ 2, 7; Ga. L. 2004, p. 607, § 1.

Annotations

Code Commission notes. Pursuant to Code Section 28-9-5, in 2004, in subsection (a), “corporation or” was substituted for “corporation,” near the beginning and “agreement, which” was substituted for “agreement which” near the end.

Administrative rules and regulations. Rules and Regulations for Manufactured Homes, Official Compilation of the Rules and Regulations of the State of Georgia, Office of Commissioner of Insurance, Safety Fire Commissioner and Industrial Loan Commissioner, Rules of Safety Fire Commissioner, Rule 120-3-7-.01 et seq.

OPINIONS OF THE ATTORNEY GENERAL Part not intended to regulate used manufactured homes. - O.C.G.A. § 8-2-132(a) clearly evinces intent of General Assembly to regulate new mobile

(now manufactured) homes and makes no mention of any intent to regulate used mobile homes. 1981 Op. Att’y Gen. No. U81-15.

RESEARCH REFERENCES ALR. What is “mobile home,” “house trailer,” “trailer house,” or “trailer” within

meaning of restrictive A.L.R.5th 651.

covenant,