0 chapters · 230 sections in this title.
O.C.G.A. § 8-2-1 Legislative findings
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The General Assembly finds that an adequate supply of clean drinking water is a precious and essential resource upon which life depends. The General Assembly further finds that the average annual per capita consumption of potable water due to indoor water-using activities in the Un…
O.C.G.A. § 8-2-100 Definitions
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As used in this part, the term: (1) “Alteration” means any change or addition to the equipment other than ordinary repairs or replacements. (2) “Commissioner” means the Safety Fire Commissioner. (3) “Dumbwaiter” means a hoisting and lowering mechanism which is equipped with a car…
O.C.G.A. § 8-2-102 Inspections
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(a)(1) Power passenger elevators, power freight elevators, escalators, manlifts, and moving walks shall be inspected once during each 12 month period; provided, however, that the inspection of such equipment where found within facilities governed by Article 2 of Chapter 9 of Titl…
O.C.G.A. § 8-2-103 Operating permits
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(a) An operating report shall be issued by the enforcement authority if the inspection report indicates that the elevator, escalator, manlift, moving walk, or dumbwaiter complies with the applicable rules and regulations prescribed pursuant to subsection (b) of Code Section 8-2-1…
O.C.G.A. § 8-2-105 Local government regulation and enforcement
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(a) The governing body of any municipality or county which adopts at least the minimum rules and regulations relative to inspections and safety standards for elevators, escalators, manlifts, moving walks, and 895 8-2-106 dumbwaiters as provided in subsection (b) of Code Section 8…
O.C.G.A. § 8-2-106 Thomas v
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Metro. Atlanta RTA, 300 Ga. App. 98, 684 S.E.2d 83, 2009 Ga. App. LEXIS 1019 (2009). Trial court erred in granting a directed verdict to a landlord in the tenants’ claims that the tenants were injured in a malfunctioning elevator. The landlord failed to report the incident and in…
O.C.G.A. § 8-2-107 Penalties
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(a) The installation, alteration, maintenance, and operation of the facilities and equipment regulated by or pursuant to the provisions of this part affect the public interest, and such regulation is necessary for the protection of the public health, safety, and welfare. Therefor…
O.C.G.A. § 8-2-108 Appeals from orders or acts of inspectors
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(a) Any person aggrieved by an order or an act of an inspector under this chapter may, within 15 days of notice thereof, appeal from such order or act to the Commissioner who shall, within 30 days thereafter, issue an appropriate order either approving or disapproving said order …
O.C.G.A. § 8-2-109 Consultations; creation of committees of consultants
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The Commissioner shall be authorized to consult with persons knowledgeable in the areas of construction, use, or safety of conveyances or facilities covered by this part and to create committees composed of such consultants to assist the Commissioner in carrying out his or her du…
O.C.G.A. § 8-2-109.1 Definitions
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Inspection and registration requirement; maintenance; alterations. Inspections. Operating permits. Employment of inspectors; fees and penalties; rules and regulations. Local government regulation and enforcement. Reporting of accidents; removal from service of equipment involved …
O.C.G.A. § 8-2-110 Legislative findings
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The General Assembly finds that, in an effort to meet the building needs within the state, the private construction industry has developed mass production techniques which can substantially reduce construction costs and that the mass production of buildings presents unique problem…
O.C.G.A. § 8-2-111 Definitions
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As used in this part, the term: (1) “Commissioner” means the commissioner of community affairs. (2) “Component” means any assembly, subassembly, or combination of parts for use as a part of a building, which may include structural, electrical, plumbing, mechanical, and fire protec…
O.C.G.A. § 8-2-113 Home inspectors
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Documentation required, §§8-3-330 to 8-3-332. INSTALLMENT LOANS, §§7-3-1 to 7-3-52. Accounts and accounting.
O.C.G.A. § 8-2-115 Appeals from applications of rules and regulations
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(a) Any person aggrieved by the application of any rule or regulation to such person, which rule or regulation is promulgated pursuant to this part, may appeal such application of such rule or regulation. Any such appeal shall be made to an appeals committee appointed by the comm…
O.C.G.A. § 8-2-116 Injunctive relief
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The commissioner may obtain injunctive relief from the superior court to enjoin the sale, delivery, or installation or to require the inspection, repair, or removal of an industrialized building upon an affidavit specifying the manner in which the industrial building does not con…
O.C.G.A. § 8-2-117.1 Cease and desist orders; civil penalties; appeals
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Whenever the commissioner has reason to believe that any person is or has been violating provisions of this part, the commissioner may issue and deliver to such person an order to cease and desist such violation. In addition, the commissioner may impose a penalty not to exceed $1…
O.C.G.A. § 8-2-118 Criminal penalties
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A person who violates any of the provisions of this part or any rule or regulation adopted pursuant to this part shall be guilty of a misde908 8-2-121 meanor. A separate violation shall be deemed to have occurred with respect to each industrialized building or component involved.…
O.C.G.A. § 8-2-119 Applicability of part
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The provisions of this part shall not apply to Part 2 of this article relating to manufactured homes. History. Ga. L. 1971, p. 364, § 10; Code 1981, § 8-2-119, enacted by Ga. L. 1982, p. 1637, § 1; Ga. L. 1983, p. 3, § 6.
O.C.G.A. § 8-2-120 Construction of part, §8-2-119
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Definitions, §8-2-111. Fees for payment of administrative and enforcement costs, §8-2-112. Injunctive relief, §8-2-116. Cease and desist orders, §8-2-117.1. Inspection of industrialized buildings, §8-2-112. Delegation of inspection authority, §8-2-113. Powers of commissioner with …
O.C.G.A. § 8-2-121 Maintenance and inspection of records
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Each manufacturer, dealer, or installer of industrialized buildings shall establish and maintain such records, make such reports, and provide such information as the commissioner may require by rule or regulation in order to determine whether the manufacturer, dealer, or installe…
O.C.G.A. § 8-2-130 Short title
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This part shall be known and may be cited as “The Uniform Standards Code for Manufactured Homes Act.” History. Ga. L. 1973, p. 4, § 1; Code 1981, § 82-130; Ga. L. 1982, p. 1376, §§ 1, 7; Ga. L. 2004, p. 607, § 1.
O.C.G.A. § 8-2-131 Definitions
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As used in this part, the term: (1) “Commissioner” means the Safety Fire Commissioner. 910 8-2-131 (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 in…
O.C.G.A. § 8-2-132 Authority of Commissioner; policy and purpose
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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 …
O.C.G.A. § 8-2-133 Rules and regulations; investigations and inspections
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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, the Commissioner may make, amend, alter, and repeal general rules and regulations of procedure to carry into effect this part, t…
O.C.G.A. § 8-2-134 Compliance with rules and regulations
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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, no person may manufacture, sell, or offer for sale any manufactured home unless such manufactured home and its components, syste…
O.C.G.A. § 8-2-135 Licensing
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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 manuf…
O.C.G.A. § 8-2-135.1 Manufacturing and monitoring inspection fees
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(a) During such time as the Commissioner’s office is acting as the primary inspection agency pursuant to Section 623 of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., or the regulations issued thereunder, every ma…
O.C.G.A. § 8-2-136 Maintenance and inspection of records
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Each manufacturer, retailer, retail broker, and installer of manufactured homes shall establish and maintain such records, make such reports, and provide such information as the Commissioner or the secretary of the United States Department of Housing and Urban Development may rea…
O.C.G.A. § 8-2-137 Hearings; dispute resolution program
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(a) Any hearing conducted under the provisions of this chapter or of the rules and regulations promulgated under this part shall be in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” (b) The Commissioner shall be authorized to determine by regu…
O.C.G.A. § 8-2-138 Alterations or modifications by retailers, retail brokers, or installers
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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, retailers, retail brokers, and installers are expressly prohibited from altering or modifying any manufactured home certified und…
O.C.G.A. § 8-2-139 RULES AND REGULATIONS
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Arts. Georgia council of the arts, §8-5-5. ATMs. Safe use, §7-8-6. Automated teller machines. Safe use, §7-8-6. Banking remote service terminals. Safe use, §7-8-6. Banks and trust companies. Foreign banking institutions. License applications. Rules prescribing abbreviated applica…
O.C.G.A. § 8-2-140 Inspections during transit authorized
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Any authorized representative of the Commissioner may, upon displaying proper department credentials, stop and inspect any new manufactured home in transit in order to ascertain if the manufactured home complies with this part and the rules and regulations promulgated hereunder, …
O.C.G.A. § 8-2-141 Monetary penalty; injunctive relief
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(a) 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, any retailer, retail broker, or manufacturer who fails to apply for or obtain a license as required by Code Section 8-2-135 …
O.C.G.A. § 8-2-142 Redevelopment
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Clearance and rehabilitation of blighted areas. Taxation of leases property, §8-4-7. Savings and loan associations, §7-1-786. Small minority business development corporations. Occupational license taxes, §7-1-958. Tax exemptions, credits and privileges, §7-1-958. RIDICULE.
O.C.G.A. § 8-2-143 Civil and criminal penalties for certain federal violations
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(a) Civil penalties. Any person in this state who violates any provision of Section 610 of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq., or any regulation or final order issued thereunder, shall be liable to the S…
O.C.G.A. § 8-2-144 Reporting and accounting for fees
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The Commissioner of Insurance shall file a report on or before December 15 of each year accounting for all fees received by the Commissioner under this part and Part 3 of this article for the preceding 12 month period and for the actual costs of the inspection programs under this …
O.C.G.A. § 8-2-160 Definitions
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As used in this part, the term: (1) “Commissioner” means the Safety Fire Commissioner. 921 8-2-160.1 (2) “Installation” means the construction of a foundation system and the placement or erection of a manufactured home or a mobile home on the foundation system. Such term includes…
O.C.G.A. § 8-2-160.1 Cooperative agreements
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The Commissioner is authorized and empowered to contract or enter into cooperative agreements with any agency, department, or instrumentality of the United States as may be necessary to participate in the 922 8-2-160.1 STANDARDS FOR CONSTRUCTION 8-2-162 enforcement of manufacture…
O.C.G.A. § 8-2-161 Rules and procedure for licensure and installation
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During such time as the Commissioner has contracted or entered into cooperative agreements pursuant to his or her authority under Code Section 8-2-160.1, the Commissioner may: (1) Establish rules and procedures for the licensure of installers as provided by Code Section 8-2-164 a…
O.C.G.A. § 8-2-162 Authority of commissioner
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Cooperative agreements, §8-2-160.1. Generally, §8-2-132. Certificate of destruction, §§8-2-187 to 8-2-189. Contents, §8-2-187. Execution, §8-2-187. Filing, §§8-2-187, 8-2-189. Recordation, §8-2-188. Retention of records, §8-2-188. Superior court, filing with clerk of, §8-2-189. Cer…
O.C.G.A. § 8-2-163 Compliance required
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It shall be unlawful for any person to perform an installation of a manufactured home or a mobile home, without regard to whether such person receives compensation for such action, except as provided in this part. History. Code 1981, § 8-2-163, enacted by Ga. L. 1992, p. 2750, § …
O.C.G.A. § 8-2-164 Licensing and permits
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During such time as the Commissioner has contracted or entered into cooperative agreements pursuant to his or her authority under Code Section 8-2-160.1: (1) Any installer performing any installation of a manufactured home or a mobile home in this state shall first obtain a licens…
O.C.G.A. § 8-2-166 Penalties
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Any person determined by the Commissioner to be in violation of this part may be penalized by a fine of not more than $500.00 for each such violation and by the suspension or revocation of licensure. Multiple violations of this part occurring in a single installation shall constit…
O.C.G.A. § 8-2-167 Requirements not consistent with part prohibited
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No political subdivision may adopt or enforce any requirement not consistent with this part. History. Code 1981, § 8-2-167, enacted by Ga. L. 1992, p. 2750, § 3; Ga. L. 2004, p. 607, § 2. 8-2-168. Hearings.
O.C.G.A. § 8-2-168 Hearings
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(a) The adoption of rules and conduct of hearings under this part shall be in compliance with the provisions of Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.” (b) The Commissioner is authorized to provide by regulation the manner in which he or she will condu…
O.C.G.A. § 8-2-170 Definitions
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As used in this part, the term: (1) “Install” means to construct a foundation system and to place or erect a manufactured home on such foundation system. Such term includes, without limitation, supporting, blocking, leveling, securing, or anchoring such manufactured home and conn…
O.C.G.A. § 8-2-171 Property taxes
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Conversion from personal property to real property, §8-2-190. Public policy declarations, §8-2-132. Purpose of part, §8-2-132. Real property. Conversion from personal property to real property, §§8-2-180 to 8-2-191. Destruction of home already converted, §§8-2-187 to 8-2-189. Gro…
O.C.G.A. § 8-2-180 Definitions
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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. 927 8-2-181 (2) “Commissioner” means the state revenue commissioner and includes any county…
O.C.G.A. § 8-2-181 Definitions
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Manufactured home as personal property; requirements for real property status; requirements for Reversion of manufactured home to personal property; Certificate of Removal from Permanent Location required. Duties of commissioner upon receipt of Certificate of Removal from Permanent…
O.C.G.A. § 8-2-182 Initial requirement, §8-2-181
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New homes in transit. Power to stop and inspect, §8-2-140. Permit purchases, §8-2-164. Personal property. Conversion from personal property to real property, §§8-2-180 to 8-2-191. Initial classification, §8-2-181.