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South Carolina Legislative and Regulatory Updates
South Carolina will begin enforcing updated modular and site-built building codes on January 1, 2027, while a new state law will also remove qualifying eviction records from the public court index after seven years. Members involved in modular construction, manufactured-home communities, or rental properties should review these changes and consider how they may affect operations.
Local Government Update: Horry and Kershaw Counties
MHISC would like to make members aware of two important local government updates affecting residential construction and manufactured housing in Horry and Kershaw counties.
Manufactured Housing Installation & Permitting in South Carolina
Manufactured Housing Installation & Permitting in South Carolina Guidance for Retail Dealers and Local Jurisdictions Bottom Line A licensed manufactured home retail dealer in South Carolina may perform installation of manufactured homes they sell, provided that: – Installation is performed by direct employees of the dealer – Employees are covered under the dealer’s surety bond […]
South Carolina Manufactured Home Registration Guide
South Carolina Manufactured Home Registration Guide Ensure your home is properly registered, taxed, and eligible for exemptions Step 1: Register Your Home with the County Tax Assessor and Obtain a Manufactured Home Decal Purpose: Ensures your home is properly recorded for property taxes. What to bring: – Copy of your title (or e-title from your lender […]
South Carolina’s Modular Laws and Regulations
South Carolina’s Modular Laws and Regulations There is a different set of laws for the SC modular industry and the manufactured home industry in the state. The two industries are regulated by different divisions of a state agency known as the SC Department of Labor, Licensing and Regulation, usually referred to as “LLR.” The Manufactured […]
Rescission Law in South Carolina: What Can a Retailer Keep?
Retail Sales What Can the Retailer Keep? What Can the Retailer Keep? Under SC law, the homebuyer may “rescind” the transaction at any time prior to closing. Two important factors determining what the retailer can keep are: a) whether there was a “valid agreement,” and b) whether there is a provision that spells out the […]
How to Contact Local Officials
LAWS, FACTS & FORMS Search or browse our members-only library of documents. LAWS, FACTS & FORMS Search or browse our members-only library of documents. Select a category below to filter your results based on topic: How to Contact Local Officials Need to get something done or info from local government? There’s a directory to state’s […]
Dealing With Deed Restrictions and Covenants
Dealing With Deed Restrictions and Covenants In addition to zoning, deed restrictions and covenants can be an obstacle to placing a manufactured or modular home. SC law requires that modular homes must be treated the same as site-built homes in terms of government zoning, but specific developments and neighborhoods can legally exclude modular homes and […]
Manufactured Home Sales Tax
Here is guidance from the SC Dept of Revenue Sales Tax Manual. There is some additional commentary from MHISC in blue. C. Manufactured Homes Calculation of the Tax: The maximum tax on the sale of a manufactured home, as defined in South Carolina Code §40-29-20, is calculated as follows: (1) subtract trade-in allowance from the sales price; […]
Modular Regulatory Changes: 2024 Legislative Session
Modular Regulatory Changes: 2024 Legislative Session Below is a list of changes made to the SC Building Code Council’s regulations by the SC General Assembly in the 2024 legislative session. Sections related to modular homes are written in red. Items that are underlined have been added and items that have been struckthrough have been removed. […]
FAQ on 2021 HUD Code Changes
HUD’s Office of Manufactured Housing Programs (OMHP) just released a Frequently Asked Questions (FAQs) document in response to questions about changes to the Federal Manufactured Home Construction and Safety Standards (the HUD Code) that go into effect on July 12, 2021. In its announcement, OMHP stressed the statements in response to the questions are not intended to provide specific HUD guidance or direction related to compliance with the HUD Code
Modular Licensing
MODULAR LICENSING Modular Manufacturer licenses are issued by the SC Building Code Council. Modular homes can be installed by a Residential Builder or General Contractor. Here is information on obtaining those licenses. General Contractor License Application Residential Builder License Application A Certificate of Authorization (COA) allows a Residential Builder to operate an additional location Certificate […]
Selling Modular Display Models Built to Old Codes
Selling a Modular Display Model Built to the Previous Building Code South Carolina law outlines a way for display centers to sell homes built to an earlier building code. The display model must: Have a valid modular home label issued by the state; Meet the appropriate wind and seismic requirements in effect when the label […]
Service Animal Federal Guidelines
The US Department of Housing and Urban Development (HUD) has published guidelines they say will make it easier to understand what type of proof property owners can require from renters showing they own a legitimate service animal. In some cases service animals are exempt from no-pets policies. The directive spells out the difference between assistance […]
Lenders offering loans for manufactured homes with same interest rate as site-built
Many of today’s manufactured home are virtually identical to site-built homes. Lenders offer loans for this type of manufactured home with the same rates as site-built loans. Manufactured home lenders can provide the loans through Fannie Mae’s MH Advantage program and Freddie Mac’s CHOICEHome program.
Energy Star Homes
South Carolina’s sales tax laws are designed to encourage consumers to buy energy efficient manufactured homes. Consumers often win three ways: less sales tax, lower energy usage and, in some cases, power company incentives.
One attractive incentive involves Energy Star homes. These houses feature highly-effective insulation and high-performance windows, with tight construction but also energy-efficient heating and cooling equipment.
Manufactured Housing Regulations
The SC General Assembly approved new regulations for the SC Manufactured Housing Board in May, 2019. The regulations add more detail and specifics to the provisions in the SC Code of Laws dealing with manufactured housing. A major section of the regulations deals with installation.
South Carolina Manufactured Housing Laws and Regulations
This booklet contains two main documents:State laws in the manufactured housing chapter in the SC Code of Laws,Regulations issued by the SC Manufactured Housing Board. View South Carolina Manufactured Housing Laws and Regulations Back to Laws, Facts & Forms
DOT Transportation Guidelines
SC DOT has specific guidelines for the movement of oversize or overweight vehicles or loads (OSOW) which pertain to manufactured and modular homes. For restrictions, guidelines and more information about these guidelines, please read the document below. View Guidelines for Movement of Oversize and Overweight Vehicles (OSOW) Back to Laws, Facts & Forms
Replacement Titles
Obtaining a Duplicate Title Step One: Forms Complete the Form 400: Application for Certificate of Title Complete and notarize the Affidavit of Responsibility Step Two: Mail Documents The Application for Certificate of Title, (Form 400) Affidavit of Responsibility Your check made payable to the South Carolina Department of Revenue & Taxation, in the amount of […]
Detitling Law and Forms
South Carolina’s Manufactured Housing Detitling Statute The purposes of South Carolina’s MH detitling statute were to: Satisfy requirements of major national lenders such as Freddie Mac that purchase manufactured home loans. The lenders felt that a new law officially authorizing detitling was needed. The statute also makes procedures uniform across the state. This should eliminate […]
Registration Requirements
South Carolina law requires that manufactured homes be registered with both the state and local governments. The state registration requirement is fulfilled when you apply for a title for a new home. This is a mandatory step with any new or used home. To register for a title for your home, you will need to […]
Wheel and Axel Form
This document is a sample of wheel and axle statement that states that wheel and axles are separate, temporary attached equipment used for the purpose of moving a home to its installation location only. View Full Article
Warranty Form for Moved Homes
This document is a sample of a warranty notice is a home is moved from the installation site, the warranty does not apply to a defect or damage caused by the move. View Full Article
Used Home Standards
This document contains the regulations governing the condition of used manufactured homes sold in the state of South Carolina. View Full Article
Smoke Detector Certification Form
As Required by S.C. Code Section 40-29-340, a previously-owned manufactured home must have at least two functioning smoke detectors. Under this state law, the buyer and seller of this home must also certify that there are at least two functioning smoke detectors in the home. View Full Article
Security Tips for Retail Centers
This document helps maintain safety for showing a home, property improvements and preventing a robbery in a manufactured home retail center. Security is the main priority for the person showing the home. View Full Article
Record-Keeping Requirements
Here is a sample document of a notice to collect past due rent and other charges for tenants of a manufactured housing community. View Full Article
Lot Set Requirements
Regulations issued by the SC Manufactured Housing Board (SCMHB) require: All manufactured homes stored on dealership lots shall be installed to such degree as to not allow damage to occur while the home is on display. View Full Article
Storm Preparation
Most of the guidelines for preparing a manufactured home for a tropical storm are the same as for other houses. Here are some additional tips issued by the Manufactured Housing Institute of South Carolina (MHISC), the association representing housing communities, as well as the companies that build and install the homes. View Storm Preparedness Document […]
Smoke Detectors
Here is the South Carolina law dealing with smoke detectors in rental units such as apartments and homes rented in a manufactured home rental community. The document is not intended as legal advice; please consult with your legal counsel regarding other possible sections of the law that may pertain to your company. View Full Article
Second Notice Material Violation
This is a sample letter requesting a tenant to complete an incident report based on a complaint about a neighbor in the community. This ensures that all complaints are kept confidential and organized. View Full Article
Sample Letter Requesting Incident Form
This is a sample notice to resident or residents of termination of the rental agreement based on the second notice of material violation. View Full Article
Sample Application Denial Letter
This is a sample letter to inform tenants that their application to rent/occupy the manufactured home community was not approved for one or more reasons. Use this letter as a formal communication to the applicant. View Full Article
Notice to Resident of Material Violation
South Carolina law requires that manufactured home retailers maintain certain records. Inspectors from the SC Manufactured Housing Board do occasionally audit retailers to see if the proper records are present.Below is a list of the records you should be maintaining in your files. View Full Article
Notice to Collect Past Due Rent
Here is a sample document of a notice to collect past due rent and other charges for tenants of a manufactured housing community. View Full Article
Notice of Termination of Rental Agreement
This is a sample document of a Notice of Termination of a Rental Agreement for a manufactured housing community. This is useful for owners of communities. View Full Article
Model Rules and Regulations
It is Management’s desire to provide the best living environment possible for our Tenants. These Rules and Regulations are part of your lease agreement. This document contains a sample of community rules and regulations for manufactured home communities. View Full Article
Model Rental Agreement
Many MHISC community managers have contacted us about sample documents to use for their community. Attached is a sample rental agreement that you can use in drafting your own rental agreement. This is a “boilerplate” form that reflects many common provisions in rental agreements or leases, and you may wish to use it as a […]
Incident Report
This report may be used as a guideline for reporting incidents or rule violations within the community. An incident is defined as an occurrence that negatively impacts the well-being, safety, security and/or general moral conduct of the community. View Full Article
Acknowledgement of Receipt
Home Installation Manual Acknowledgement of ReceiptThis is a document that certifies that you, the Buyer, has received all installation manualinformation associated with the purchase of a manufactured or modular home. View Acknowledgement of Receipt Back to Laws, Facts & Forms
Fair Housing Advertising Rules
Section 804(c) of the Fair Housing Act, 42 U.S.C. 3604(c), as amended, makes it unlawful to make, print, or publish, or cause to be made, printed, or published, any notice, statement, or advertisement, with respect to the sale or rental of a dwelling, that indicates any preference, limitation, or discrimination because of race, color, religion, […]
Fair Housing
Everyone in the business of selling and/or leasing manufactured homes should have written and posted fair housing policies. Such policies not only reduce the risk of suffering the financial loss of a successful fair housing claim, but having them in place is simply good business practice. A good set of policies informs employees of the […]
Community Owned Home Purchase Paperwork Checklist
This checklist for community owned home purchase paperwork is a thorough checklist for purchasing a home that is community-owned including the documents needed to complete the transaction. View Full Article
Basic Laws
Key Laws Governing the Operation of Manufactured Home Communities in South Carolina. There are two main laws in the SC Code of Laws which impact community operations in our state: The Manufactured Home Park Tenancy Act and The SC Residential Landlord and Tenant Act. The provisions of the MH Park Tenancy Act prevail in cases […]
Applicants with Criminal Records: Screening Rules
This is information on a document by the Office of General Counsel Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions. View Full Article
Sales Tax
The modular home sales tax is 50% of the “gross proceeds of sales. That term is defined in Code Section 12-36-2120(34) as: the manufacturer’s net invoice price of the modular home sold, including all accessories built in to the modular home at the time of delivery to the purchaser and not including freight or deposit […]
Complaints: What to Expect
What can you expect when a complaint is filed against you? This brochure has been developed by the Department of Labor, Licensing and Regulation to help licensees know what to expect when a complaint is filed against them. View Full Article
Attic Storage Load Requirements
Structural Design Attic Load Requirements Label is now required for modular and manufactured houses according to the U.S. Department of Housing and Urban Development. Homes having roof slopes less than 7:12 and do not have an access opening of at least 30 inches x 22 inches, are not designed to be used for storage. View […]
Coastal Insurance Contacts
MHISC has collected information and contacts which may be helpful to manufactured home retailers, communities and other who are seeking to obtain homeowners insurance for their customers along the South Carolina coast. All of the coastal states in the Southeast have seen a tight market in terms of the number of companies writing insurance near […]
Zoning/Utility Certification
The Consumer must provide a form from SC DHEC to the dealer that the property on which the manufactured home is to be placed meets or can be made to meet DHEC regulations governing wells or septic tanks or both if the manufactured home is to be served by well, septic tank, or both. View […]
Wind Zones in SC
South Carolina is divided into two wind zones for manufactured homes. Zone II includes nine coastal counties: Beaufort, Berkeley, Charleston, Colleton, Dorchester, Georgetown, Horry, Jasper, and Williamsburg. View Wind Zone Document Back to Laws, Facts & Forms
Lead Based Paint
Under federal regulations, persons selling or renting a pre-1978 home must follow and provide special disclosures regarding lead-based paint hazards. There is a pamphlet and disclosure form which must be provided. View Full Article
Installer Certification Form
The Manufactured Home Installation Certificate is to ensure that manufactured homes will be installed in accordance with the installation guidelines of the manufacturer and the installation standards of the SC Manufactured Housing Board, S.C. CODE 40-29-350 and S.C. REG. 79-42. View Full Article
Garages: On-Site Construction
The Department of Housing and Urban Development (HUD), in a recent letter to the industry, has expressed their concerns regarding the attachment of site-built garages to manufactured homes being completed as part of the initial home installation. View Full Article
Data Plate Replacement
All manufactured homes built after June 15, 1976 are required to have one or more label(s) attached to them: a manufactured home HUD label(s) and a Data Plate/Compliance Certificate. IBTS is the only agency that can provide manufactured home owners, real estate agents, brokers, and other stakeholders with a Label Verification Letter, which can suffice for missing […]
Basic Modular Laws
South Carolina’s Modular Laws and Regulations Most of the rules governing modular production and sales in SC are found in two locations: The SC Code of Laws & the SC Code of Regulations. Click here for the state laws Modular Buildings Construction Act The SC Code of Regulations are rules by the SC Building Code […]
Modular Home Building Code
Modular and site-built homes are built to the South Carolina version of the 2018 International Residential Code. That edition of the IRC went into effect in South Carolina January, 2020. View Full Article
Modular Tiny Homes
The 2018 edition of the International Residential Code went into effect January 2020. MHISC has worked with the SC Building Code Council (SCBCC) in Columbia to make it more cost-effective to build “tiny homes” in a modular format. View Full Article
Oversize Guidelines
Printed below are guidelines from the SC Department of Transportation pertaining to oversize and overweight vehicles and loads. Several section pertaining to manufactured and modular homes are highlighted but the Guidelines in general pertain to manufactured and modular homes unless otherwise indicated. To check for on-line updates to these guidelines see Oversize Guidelines. View Full […]
Service (and emotional support) Animals
Many MH communities have a no-pets policy. Federal law, however, puts some limitations on such policies when a service animal or emotional support animal is involved. According to the U.S. Department of Justice (DOJ), the Americans with Disabilities Act (ADA) defines a service animal as This is a sample letter requesting a tenant to complete […]
Advertising and the Fair Housing Act
The federal Fair Housing Act provides quite a few potholes for community managers to avoid. One of the major areas where community managers need to steer carefully is in advertising. HUD regulations can earn you a ticket from the feds based not only on the wording but also the images used in advertising. View Full […]
Criminal record checks for screening residents
Criminal background checks are a common tool for screening potential residents in both manufactured home communities and apartments. Can criminal background checks help improve the quality of our communities and increases the reputation and overall safety of the communities? Many community managers believe allowing applicants with certain criminal backgrounds into the community increases the risk […]
