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S.C. Regulation 61-40
Mobile/Manufactured Home Parks.

SECTION I. DEFINITIONS

The following definitions shall apply in the interpretation and enforcement of this regulation:

A. APPLICABLE CODE means city, county, state or national code or standard, whichever is more stringent.

B. APPROVED means acceptable to the South Carolina Department of Health and Environmental Control.

C. FAMILY PROPERTY MOBILE/MANUFACTURED HOME INSTALLATION means mobile homes occupied by family members on property owned by a member of the same family and not offered for rent or lease to the public. Such installations are exempt from this regulation.

D. HEALTH AUTHORITY means authorized representative of the South Carolina Department of Health and Environmental Control.

E. MOBILE/MANUFACTURED HOME means a factory assembled structure equipped with the necessary service connections and made so as to be readily movable as a unit on its own running gear and designed to be used as a dwelling. This definition shall include any structural addition to a mobile/manufactured home.

F. MOBILE/MANUFACTURED HOME SITE means a parcel of land (space) within a mobile/manufactured home park for the placement of a mobile/manufactured home and its accessory buildings and structures and containing approved sewer and water connections.

G. MOBILE/MANUFACTURED HOME PARK means a parcel of land containing five (5) or more mobile/manufactured home sites which are available for rent or lease.

H. PERMIT means a written permit issued to a person who owns the mobile/manufactured home park by the Health Authority authorizing the mobile/manufactured home park to operate under this regulation.

I. PERSON means any individual, firm, partnership, corporation, company, association or other entity.

J. SEWER CONNECTION means all pipes, fittings and appurtenances from the drain outlet of the mobile/manufactured home to the inlet of the corresponding sewer riser.

K. SEWER RISER PIPE means that portion of the sewer lateral which extends vertically to or above the ground elevation and terminates at each mobile/manufactured home site. It contains a suitable connector which can be capped when not in use.

Section II. LOCATION, SPACE AND GENERAL LAYOUT

A. Location--Mobile/manufactured home parks shall be located on well-drained sites to prevent flooding or ponding of surface water.

B. Size--Each mobile/manufactured home site shall contain a minimum of four thousand (4,000) square feet and be at least forty (40) feet wide.

C. Space Requirements--In addition to the space required in Section II.B., each mobile/manufactured home site shall be large enough to meet the following minimum requirements:

1. Each site must contain sufficient space to allow for a minimum of fifteen (15) feet of clearance between mobile/manufactured homes or mobile/manufactured homes and other structures, excluding small unattached utility or storage buildings.

2. Mobile/manufactured homes utilizing an individual on-site sewage treatment and disposal system shall be placed on sites of sufficient size to accommodate the installation of the system as required by Regulation 61-56 and related standards. Mobile/manufactured home site lines shall be considered as property lines.

D. Mobile/manufactured home parks developed prior to the effective date of this regulation shall be allowed to operate with the minimum spacing requirements effective at the time of their development. Mobile/manufactured home sites added after the effective date of this regulation shall comply with the spacing requirements set forth herein.

Section III. WATER SUPPLY

A safe and potable supply of water shall be provided from a source and system approved by the Health Authority. The water supply shall be connected to all mobile/manufactured home sites by an approved method.

Section IV. PLUMBING AND SEWAGE DISPOSAL

A. Plumbing

1. All plumbing shall be installed in accordance with applicable codes.

2. Sewer connections shall be watertight.

3. Sewer risers shall be of proper diameter to accept the mobile/manufactured home's sewer connector.

4. Sewer risers shall be capped when not in use.

B. Sewage Disposal

1. The method of collection, treatment and disposal of sewage shall be determined by the Health Authority. An approved central collection, treatment and disposal system shall be utilized, if available.

2. When the use of individual on-site sewage treatment and disposal systems is authorized, they shall be installed in accordance with Regulation 61-56 and related standards.

3. All sewage systems shall be constructed in accordance with approved plans.

Section V. REFUSE STORAGE, COLLECTION AND DISPOSAL, AND VECTOR CONTROL

Refuse shall be stored, collected and disposed of in such a manner as not to create a nuisance, vector attractant, breeding or harborage problem.

Section VI. ELECTRICITY

A. All electrical supply lines and connections in mobile/manufactured home parks shall comply with applicable codes.

B. If, in the opinion of the Health Authority, an electrical hazard exists, the owner or operator of the mobile/manufactured home park shall make necessary corrections immediately.

Section VII. FUEL STORAGE TANKS OR CYLINDERS

A. Fuel oil storage tanks shall be securely fastened in place.

B. Support structures for fuel oil storage tanks shall be constructed of rigid material and be maintained in a safe condition.

Section VIII. SUPERVISION

The person to whom a permit for a mobile/manufactured home park is issued, shall at all times operate the park in compliance with this regulation and shall provide adequate supervision to maintain the park and its facilities and equipment in safe repair and in a clean and sanitary condition. If the permit holder resides outside the boundaries of the state of South Carolina, he shall assign a person who resides in the county where the park is located to supervise and assume responsibility for compliance with this regulation. The assignment shall be made in writing to the Health Authority prior to the issuance of a permit and immediately upon change of supervisor.

Section IX. COMPLIANCE PROCEDURES

A. Permits--It shall be unlawful for any person to operate a mobile/manufactured home park within the State of South Carolina without a valid permit issued by the Health Authority in the name of such person, firm, trust, partnership, public or private association, corporation or any other individual, group or organization for the specific mobile/manufactured home park.

B. Issuance of Permit

1. Any person desiring to operate a mobile/manufactured home park shall make written application for a permit on forms provided by the Health Authority.

2. Complete exhibits for the purpose of obtaining a permit to operate a mobile/manufactured home park shall include, but not be limited to the following:

(a.) A complete plan of the property showing:

(1) The area and dimensions of the mobile/manufactured home park.

(2) The number, dimensions and location of all mobile/manufactured home sites.

(3) The location of all roads, streets and parking areas in the park.

(4) The location and identification of service buildings and other proposed or existing structures.

(5) The locations of individual sewage systems, if used as the method of sewage disposal.

(b.) Approval to use a public water supply shall be obtained prior to the issuance of a permit to operate the mobile/manufactured home park.

(c.) Evidence of compliance with all local building and zoning regulations, where applicable.

(d.) A written statement assigning a person responsible for supervision of the mobile/manufactured home park (Section VIII.--SUPERVISION), should the owner reside outside the county in which the mobile/manufactured home park is located.

3. Prior to approval of an application for a permit, the Health Authority shall inspect the mobile/manufactured home park to determine compliance with the requirements of this regulation.

4. If the inspection reveals that the mobile/manufactured home park complies with all requirements of this regulation, the Health Authority shall issue a permit stating the number of approved mobile/manufactured home sites. Permits are not transferable.

5. Changes in the size of a park (number of mobile/manufactured home sites) or to the sewage treatment and water supply systems shall not be made without prior approval of the Health Authority. Upon approval of the changes, a new permit shall be required. Plans and specifications may also be required.

C. Permit Application Denial--Any person whose application for a permit under this regulation has been denied, may request and shall be granted a hearing on the matter in accordance with the South Carolina Administrative Procedures Act, Sections 1-23-310 et seq., 1976 Code of Laws of South Carolina, as amended.

D. Revocation of Permit

1. The permit may be revoked by the Health Authority for failure to correct deficiencies within reasonable time limits established by the Health Authority.

2. Prior to revocation, the Health Authority shall notify the permit holder or his authorized representative, in writing, of the specific reasons for which the permit is to be revoked. The permit shall be revoked fifteen (15) days following receipt of such notice by the permit holder, unless he or his authorized representative files a written request for a hearing with the Health Authority within fifteen (15) days of receipt of notification of revocation.

3. Notwithstanding any other provisions of this regulation, the permit shall be revoked if the Health Authority is threatened with bodily harm or physical interference in the performance of inspection duties by the permit holder or his authorized representative (supervisor).

4. When a permit has been revoked, the holder of the revoked permit may make a written application for a new permit.

5. Any revocation of a permit provided for in this chapter shall be conducted in accordance with the South Carolina Administrative Procedures Act, where applicable.

E. All notices provided for in this regulation are properly served when delivered to the permit holder, his authorized representative, person responsible for supervision or, when it is sent by registered or certified mail, return receipt requested, to the last known address of the permit holder. A copy of the inspection report shall serve as official notice for compliance purposes.

F. Hearings--The hearings provided for in this regulation shall be conducted in accordance with the South Carolina Administrative Procedures Act and other applicable laws and regulations.

G. Inspection Frequency--An inspection of a mobile/manufactured home park shall be performed as often as the Health Authority deems necessary for the enforcement of this regulation.

H. Access--Representatives of the Health Authority, after proper identification, shall be permitted to enter any mobile/manufactured home park at any reasonable time for the purpose of making inspections to determine compliance with this regulation.

I. Report of Inspections--Upon completion of the inspection, a copy of the inspection report stating violations found and compliance dates shall be furnished to the permit holder or his authorized representative.

J. Permit Fees

1. If a fee system is hereinafter established by the Department of Health and Environmental Control, proof of payment of the fee shall accompany the initial application and shall thereafter be furnished to the Health Authority within thirty (30) days following each anniversary date. New permits shall not be issued and existing permits shall be revoked if proof of payment is not received within the time limits prescribed above, notwithstanding the sanitary conditions of the mobile/manufactured home park.

2. Upon receipt of an application for a permit to operate a mobile/manufactured home park, accompanied by payment of fee, if hereinafter established, the local Health Authority shall issue a permit, if the mobile/manufactured home park meets the requirements of this regulation.

K. Enforcement Provisions--This regulation is issued under the authority of Title 44 of the Code of Laws of South Carolina, 1976, as amended, and shall be enforced by the Health Authority.

L. Penalties--Violations of this regulation shall be punishable in accordance with Section 44-1-150, 1976 Code of Laws of South Carolina, as amended. Each day of continued violation shall be a separate offense.

M. Repeal Provisions--This regulation shall be in full force and effect upon adoption, and all other regulations in conflict with it are hereby repealed.

N. Unconstitutionality Clause--Should any chapter, paragraph, sentence, clause or phrase of this regulation be declared unconstitutional or invalid for any reason, the remainder of said regulation shall not be affected thereby.