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2018 Georgia Code 8-2-135 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 8-2-135 Case Law from Google Scholar Amendments to OCGA 8-2-135

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

8-2-135. Licenses for manufacturers who build, sell, or offer for sale manufactured homes in state; licenses for dealers of manufactured or mobile homes.

During such time as the Commissioner has contracted or entered into cooperative agreements pursuant to his or her authority under Code Section 8-2-132:

  1. Every manufacturer who manufactures manufactured homes outside the State of Georgia and who sells or offers for sale a manufactured home in Georgia shall apply for and obtain a license;
  2. Every manufacturer who manufactures manufactured homes in Georgia shall apply for and obtain a license;
  3. Every retailer and retail broker who sells or offers for sale new or used manufactured homes or mobile homes in Georgia shall apply for and obtain a license;
  4. Applications for licenses and renewal licenses shall be obtained from the Commissioner and submitted on or before January 1 of each year. All applicants shall certify in the application that all construction, electrical, heating, and plumbing standards will be complied with as set forth in this part and in the rules and regulations of the Commissioner; and
  5. The license and renewal license fee shall be $440.00 per manufacturing plant which manufactures manufactured homes within the State of Georgia; $440.00 per out-of-state manufacturing plant which manufactures manufactured homes for the purpose of offering for sale, or having such homes sold, within the State of Georgia; and $300.00 per retailer location and retail broker which sells, offers for sale, or transports to sell such homes within the State of Georgia. The license shall be valid from January 1 through December 31 of the year in which it was issued. The fee for delinquent renewal applications received after January 10 of each year shall be double the regular annual renewal fee.

(Ga. L. 1968, p. 415, § 5; Ga. L. 1973, p. 4, § 5; Ga. L. 1979, p. 1286, § 1; Code 1981, §8-2-135; Ga. L. 1982, p. 1376, §§ 2, 7; Ga. L. 1983, p. 456, § 1; Ga. L. 1984, p. 22, § 8; Ga. L. 1992, p. 2725, § 3; Ga. L. 1992, p. 2750, § 2; Ga. L. 1993, p. 91, § 8; Ga. L. 2004, p. 607, § 1; Ga. L. 2010, p. 9, § 1-19/HB 1055.)

OPINIONS OF THE ATTORNEY GENERAL

Application only to dealers and sellers of new manufactured homes.

- Inasmuch as O.C.G.A. Pt. 2, Ch. 2, T. 8 is aimed at safety in new mobile (now manufactured) homes, it is logical that the General Assembly intended those statutory provisions to apply only to dealers and sellers of new mobile (now manufactured) homes. 1981 Op. Att'y Gen. No. U81-15.

Support for the position that O.C.G.A. § 8-2-135(b) and (c) (now (2) and (3)) should be construed as applying only to dealers or manufacturers of new mobile (now manufactured) homes can be found in O.C.G.A. §§ 8-2-135(f) (see now O.C.G.A. § 8-2-135.1),8-2-136, and8-2-143, which make reference to the National Mobile Home Construction and Safety Standards Act of 1974, (codified at 42 U.S.C. § 5401, et seq.), which Act defines the word "dealer" as a seller of new mobile (now manufactured) homes. 1981 Op. Att'y Gen. No. U81-15.

Waiver of fee requirements by reciprocal agreement.

- Under Ga. L. 1973, p. 4, § 6 (see now O.C.G.A. § 8-2-141), the Georgia Safety Fire Commissioner cannot enter into a reciprocal agreement with another state waiving the fees imposed by Ga. L. 1973, p. 4, § 5 (see O.C.G.A. § 8-2-135). 1973 Op. Att'y Gen. No. 73-73.

RESEARCH REFERENCES

ALR.

- Single or isolated transactions as falling within provisions of commercial or occupational licensing requirements, 93 A.L.R.2d 90.

Recovery back of money paid to unlicensed person required by law to have occupational or business license or permit to make contract, 74 A.L.R.3d 637.

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