Tennessee § 68-126-403 - Installation criteria and standards.

§ 68-126-403. Installation criteria and standards.

It is unlawful to occupy any manufactured home in this state, unless the manufactured home has been installed by a person licensed by the commissioner to make such installation. It is unlawful for any person to locate or relocate any manufactured home in this state, other than a home heretofore exempt, or a home previously installed and inspected according to rules in effect at the time of location on the site, unless the installation of the manufactured home has been done by a person licensed by the commissioner to make such installation. New homes shall be installed according to the following criteria: In compliance with manufacturer instructions that are Design Approval Primary Inspection Agency (DAPIA) approved, if provided or available; If the manufacturer has not provided or does not make available suitable instructions, then the home shall be installed according to instructions that, at a minimum, meet federal manufactured home installation standards as provided in 24 CFR 3285, promulgated pursuant to the National Manufactured Home Construction and Safety Standards Act of 1974 (42 U.S.C. § 5401 et seq.) and are prepared and sealed by an engineer registered in this state; or If an alternative to subdivision (c)(1) or (c)(2)(A) is required, the installation of the home shall, at a minimum, meet federal manufactured home installation standards as provided in 24 CFR 3285, promulgated pursuant to the National Manufactured Home Construction and Safety Standards Act of 1974; and Installation shall comply with federal emergency management agency regulations applicable to flood zones. Used homes installed after July 1, 2003, shall be installed according to the following criteria: In compliance with the manufacturer's manual in use at the time the home was manufactured; As an alternative to subdivision (d)(1), the home shall be installed according to instructions prepared and sealed by an engineer registered in the state of Tennessee; or As an alternative to subdivisions (d)(1) and (2), the home may be installed according to the instructions in ANSI 225.1, 1994 Edition, until such time as federal standards are implemented pursuant to the Manufactured Housing Improvement Act of 2000, at which time the federal standards shall supplant the ANSI 225.1, 1994 Edition, instructions; and In addition to the requirements of subdivisions (d)(1), (d)(2) or (d)(3), installation shall comply with federal emergency management agency regulations applicable to flood zones. The provisions of subdivision (d)(3) that would require French drains shall not apply to manufactured homes installed in any portion of a mobile home or manufactured home trailer park operating as such on or before January 1, 2004, in which all the lots have all underground utilities, so long as the installation otherwise prevents water build-up under the home, shifting or settling of the foundation, dampness in the home, damage to siding and bottom board, buckling of walls and floors and problems with the operation of doors and windows. Acts 1976, ch. 626, § 3; 1981, ch. 301, §§ 9, 12; T.C.A., §§ 53-6203, 68-45-103, 68-36-403; Acts 2002, ch. 793, § 13; 2005, ch. 160, § 1; 2015, ch. 483, § 6. Compiler's Notes. Acts 2002, ch. 793, § 20 provided that any person who on July 1, 2003, holds a dealer license or a manufactured home stabilizing system installer license issued under prior law of this state shall be entitled to convert a dealer license to a retailer license or a stabilizing system installer license to a manufactured home installer license at the time of renewal, upon the fulfillment of all the requirements for a new applicant for either a retailer or a manufactured home installer license set forth in this section and § 68-126-206 . Former title 68, ch. 36, parts 1-4 were transferred to title 68, ch. 126, parts 1-4 in 1992. See the parallel reference table in § 68-126-101 for the former and new section locations. Amendments. The 2015 amendment rewrote (c) which read, “(c) New homes installed after July 1, 2003, shall be installed according to the following criteria:“(1) In compliance with the manufacturer's installation instructions, if provided or available;“(2) If the manufacturer has not provided or does not make available suitable instructions, then the home shall be installed according to instructions prepared and sealed by an engineer registered in the state of Tennessee; or“(3) As an alternative to subdivisions (c)(1) or (c)(2), the home may be installed according to the instructions contained in ANSI 225.1, 1994 Edition, until such time as federal standards are implemented pursuant to the Manufactured Housing Improvement Act of 2000, compiled in 42 U.S.C. § 5401 et seq., at which time the federal standards shall supplant the ANSI 225.1, 1994 Edition, instructions; and “(4) In addition to the requirements of subdivisions (c)(1), (c)(2) or (c)(3), installation shall comply with federal emergency management agency regulations applicable to flood zones.” Effective Dates. Acts 2015, ch. 483, § 8. January 1, 2016; May 20, 2015, for the purpose of promulgating rules.