§ 68-102-147 — Manufactured homes, travel trailers, modular building units and prefabricated units - Approval of electrical, gas and oil systems - Inspection - Fees - Violations - Penalties

(a) It is unlawful for any person, firm, or corporation to sell or offer for sale, any manufactured home, travel trailer, modular building unit as defined in chapter 126, part 3 of this title, or any other prefabricated unit that is designed to be used as an industrial or commercial structure, or housing unit that has been partially or completely assembled and equipped with an electrical, gas, or oil system for light, heat, power or other purposes, unless the systems have been inspected and approved by a nationally recognized and approved independent testing agency or laboratory, or an individual or agency authorized to make such inspections by the state fire marshal. Any person, firm or corporation engaged in selling, renting or offering for sale manufactured homes, or other prefabricated units as described in this subsection (a), shall, within five (5) days of the receipt of any unit that has not been inspected as contemplated by this section, request inspection by the state fire marshal. (b) It is unlawful for any person, firm, association or corporation, including trailer court or park operators, supplying electricity, gas or oil to any manufactured home, travel trailer, modular building unit as defined in chapter 126, part 3 of this title, or prefabricated unit sold or requiring an electrical or gas connection or the furnishing of fuel oil, to connect or furnish electricity, gas or oil, unless it has permanently affixed to it the approval of a nationally recognized independent testing agency or laboratory, or of an individual or agency authorized to make such inspections by the state fire marshal. (c) (1) Subsection (b) shall not apply to manufactured homes or travel trailers individually owned or used and being relocated, requiring electric, oil or gas service. A person, firm, association or corporation supplying electricity, oil or gas may connect or supply electricity, oil or gas to such units on a temporary basis, but shall request an inspection within seventy-two (72) hours after such connection is made. When the inspection is made, if extremely hazardous conditions exist, they shall be corrected immediately, or service discontinued. General deficiencies shall be corrected within thirty (30) days or service discontinued, or the owner or user and the person, firm, association or corporation, including trailer court or park operators, supplying the power or fuel shall be in violation and subject to the penalties provided in this section. (2) Subsection (b) shall not apply to manufactured homes and travel trailers being used by vacationists or transients stopping in courts or parks for a period not to exceed fifteen (15) days; provided, that the park or court operator has equipment and makes tests as outlined by the state fire marshal to determine if extremely hazardous conditions exist. If such hazardous conditions do exist, they shall be removed or remedied before connection is made, or the owner or user and the person, firm, association or corporation, including trailer court or park operators, supplying the power or fuel shall be in violation and subject to the penalties provided in this section. (d) Subsections (a) and (b) do not apply to new manufactured homes bearing a label certifying compliance with the federal standards established under the National Mobile Home Construction and Safety Standards Act of 1974 ( 42 U.S.C. § 5401 et seq.). (e) Subsections (a)-(c) do not apply to new modular building units that have been inspected and approved pursuant to chapter 126, part 3 of this title. (f) The penalty provisions of this section shall not apply to the seller when the sale of gas or oil is made on the supplier's premises and delivered to the purchaser in a container supplied by the purchaser, nor shall these provisions apply to the seller when the sale of gas, oil or electricity is to a travel trailer or manufactured home court or park operator made to such operator for redistribution to its customers. (g) (1) The maximum inspection fees for services established by the commissioner of commerce and insurance pursuant to the authority granted in § 68-102-143(b)(2) shall also apply to: (A) Electrical inspections made by inspectors commissioned by the state fire marshal; and (B) Manufactured home or travel trailer inspections made by inspectors commissioned by the state fire marshal where a combination of energy is used, including, but not limited to, electric, gas, oil or other sources of energy. (2) Fees charged pursuant to this subsection (g) are to be derived from converting BTUs of gas, oil or other energy-consuming equipment installed and inspected to the corresponding electric service required for the total energy requirements. (h) Any owner, dealer or operator of a manufactured home, travel trailer, modular building unit as defined in chapter 126, part 3 of this title, or prefabricated unit that has been inspected and approved in accordance with this section shall not be required to comply with any local ordinances in conflict with this section. (i) A violation of this section is a Class C misdemeanor. (j) Subsections (a) and (b) shall not apply to new recreational vehicles, travel trailers, camping trailers, or motor homes manufactured in accordance with the Standard for Recreational Vehicles (ANSI 119.2/NFPA 1192 - 2002).

Legislative History

Amended by 2013 Tenn. Acts, ch. 150, s 2, eff. 1/1/2014. Acts 1967, ch. 136, § 1; 1968, ch. 605, § 1; 1972, ch. 719, § 1; 1977, ch. 177, § 2; 1979, ch. 310, § 17; T.C.A., § 53-2447; Acts 1985, ch. 309, §§ 11-14; 1987, ch. 120, § 19; 1989, ch. 591, § 113; T.C.A., § 68-17-147; Acts 2005, ch. 379, § 14.