Clayton Osteen, Cotney Construction Law
A mobile home, commonly referred to as a manufactured home, is a transportable prefabricated structure that is situated in one location and used as a permanent living accommodation. A common point of confusion for many individuals is what regulations govern mobile homes and who has jurisdiction over these structures. Many people assume that all buildings are governed by the Building Code, but that is not always true. So, in Florida, are mobile homes required to comply with the Florida Building Code?
Florida Statute Chapter 553 provides Building Construction Standards which govern both Manufactured Buildings (Fla. Sta. §§ 553.35-553.42) as well as the Florida Building Code (Fla. Sta. §§ 553.70-553.898). FLA. Sta. § 553 defines mobile homes as “any residential unit constructed to standards promulgated by the United States Department of Housing and Urban Development (HUD).” The section states that this part of the statute does not apply to mobile homes. Thus, the manufacturing of mobile homes is governed by HUD. HUD provides for the regulation of mobile homes from the beginning of the manufacturing process, to the preparation and delivery to a specific site and until the installation has been completed.
After a mobile home is manufactured, it must be transported to the site where it will be occupied and used as a residence. The Department of Highway Safety and Motor Vehicles (DMV) has jurisdiction over the transportation of mobile homes and sets forth requirements including the registration of the mobile home with the DMV. The Florida Statute Chapter 320 – Motor Vehicle Licenses also provides additional requirements for the transportation of mobile homes. This Florida Statute goes beyond just transportation because Section 320.8232 requires that standards for the repair and remodeling of mobile homes be established and these standards are set forth in the Mobile Home Repair and Remodeling Code and the Used Recreational Vehicle Code.
Once a mobile home arrives at the location where it will be installed, the Florida Building Code – Residential (FBC) will have jurisdiction under certain provisions. Chapter 3, R322.1.9 of the FBC has jurisdiction over manufactured homes that are located within flood hazard areas and are subject to the applicable provision of the local floodplain management ordinance. Additionally, attachments or any appurtenant structures built on the mobile home site are required to comply with the FBC.
In short, the manufacturing and installation of mobile homes are governed by HUD as defined in the Florida Statutes. When transported, these structures must also comply with the requirements for mobile vehicles which are governed by the DMV. The FBC – Residential comes into play when mobile homes are within floodplains and any attachments or appurtenant structures built onsite are required to comply with the FBC. Finally, repairs to damaged components are governed by the requirements of the Florida Administrative Code. Thus, mobile homes in Florida must comply with multiple state and national statutes and codes and are also governed by the FBC in specific circumstances.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.
Clayton Osteen is an attorney at Cotney Construction Law who practices in the areas of construction law, administrative law, licensing and business litigation. Cotney Construction Law is an advocate for the roofing industry, General Counsel of FRSA, NWIR, TARC, TRI, RT3, NSA, WSRCA and several other local roofing associations. For more information, contact the author at 866-303-5868 or go to www.cotneycl.com.
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