Current through Acts 2023-2024, ch. 1069
Section 68-126-304 - Prerequisites to sale or installation - Local requirements(a)(1) After the effective date of the rules adopted pursuant to this part, no modular building unit shall be offered for sale, sold, or installed in this state, unless it is approved and bears the insignia of approval of the commissioner, the commissioner's designee, or an approved inspection agency.(2) All modular building units manufactured in this state, or intended to be offered for sale, sold, or installed in this state, shall be inspected by the commissioner, the commissioner's designee, or an approved inspection agency, at the place of manufacture of the modular building unit.(b)(1) No local standard relating to the construction or installation of modular building units shall be applicable to any modular building unit subject to this part, unless such standard is identical to that set by the commissioner pursuant to § 68-126-302.(2) Any modular building unit bearing an insignia of approval issued by the commissioner, the commissioner's designee, or an approved inspection agency pursuant to this part, shall be deemed to comply with any local standard relating to the construction of modular building units.(3) Subject to subdivision (b)(1), a local government may make, and charge a fee for, an inspection of the installation of a modular building unit. Such fee shall be equal to the amount charged for a similar inspection on conventionally built housing.(4) Local land use and zoning requirements, fire zones, building setback requirements, side and rear yard requirements, subdivision control, as well as the review and regulation of aesthetic requirements, are specifically and entirely reserved to local government. Such local requirements and rules that may be enacted by a local government must be reasonable and uniformly applied and enforced without any distinction as to whether a building is a conventionally constructed or modular building.(5) Modular building units bearing an insignia of approval issued by the commissioner, the commissioner's designee, or an approved inspection agency pursuant to this part shall not be modified prior to or during installation, except in conformance with the rules of the commissioner.Acts 1985, ch. 309, § 4; T.C.A., § 68-36-304.