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O.C.G.A. § 8-2-171 — Health and safety standards for pre-owned manufactured homes; inspections; immunity | Georgia Code
O.C.G.A. § 8-2-171 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

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

8-2-171. Health and safety standards for pre-owned manufactured homes; inspections; immunity.

  1. On and after September 1, 2010, any person who is the owner of real property or who has a right to the use of real property may install and occupy a pre-owned manufactured home on such property, provided that such pre-owned manufactured home is in compliance with the provisions of this part and any applicable county or municipal zoning ordinances.
  2. No county or municipality shall impose any health and safety standards or conditions based upon the age of a manufactured home.
  3. A county or municipality may establish health and safety standards and conditions and an inspection program for pre-owned manufactured homes which are relocated from their current locations.
  4. Neither a county or municipality nor any inspector thereof inspecting a pre-owned manufactured home pursuant to this Code section shall be liable for any injuries to persons resulting from any defects or conditions in such pre-owned manufactured home.

(Code 1981, §8-2-171, enacted by Ga. L. 2010, p. 306, § 1/SB 384.)

JUDICIAL DECISIONS

Statute did not protect inspector whose purported inspection was made four years before the statute was enacted.

- O.C.G.A. § 8-2-171(d), providing that no municipal or county inspector inspecting a pre-owned manufactured home pursuant to that Code section shall be liable for injuries to persons resulting from defects in the home, did not protect a city inspector whose inspection was made four years prior to the statute's enactment. Vann v. Finley, 313 Ga. App. 153, 721 S.E.2d 156 (2011).

PART 4 M ANUFACTURED OR MOBILE HOMES

RESEARCH REFERENCES

Am. Jur. 2d.

- 53A Am. Jur. 2d, Mobile Homes and Trailer Parks, § 1 et seq.

Subpart 1 General Provisions

8-2-180. Definitions.

As used in this part, the term:

  1. "Clerk of superior court" means the clerk of the superior court of the county in which the property to which the home is or is to be affixed is located.
  2. "Commissioner" means the state revenue commissioner and includes any county tax commissioner when so authorized by the state revenue commissioner to act on his or her behalf in carrying out the responsibilities of this part.
  3. "Home" means a manufactured home.
  4. "Manufactured home" has the meaning specified in paragraph (4) of Code Section 8-2-160.

(Code 1981, §8-2-180, enacted by Ga. L. 2003, p. 430, § 1; Ga. L. 2005, p. 334, § 3-1/HB 501; Ga. L. 2006, p. 702, § 1/SB 253.)

Law reviews.

- For survey article on real property law for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 397 (2003). For annual survey of real property law, see 58 Mercer L. Rev. 367 (2006).

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This Georgia Code resource is curated by this site's author, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.