41-2155. Preemption of local building codes;
responsibility for maintenance of utility connections
A. No building code or local enforcement agency or its adopted building codes may
require, as a condition of entry into or sale in any county or municipality, that any
unit which has been certified pursuant to this article be subjected to any local
enforcement inspection to determine compliance with any standard covering any aspect of
the unit which is inspected pursuant to this article.
B. Except where a local enforcement agency participates in the office permit and
insignia issuance program for the installation of manufactured homes, mobile homes,
factory-built buildings and accessory structures and inspection of such installations, no
local enforcement agency shall subject any unit installed to any local inspections or
charge a fee for any services provided pursuant to this article.
C. A local enforcement agency in any county or municipality shall recognize the
minimum standards of the act as equal to any nationally accepted or locally adopted
building code standard.
D. Nothing in subsection A, B or C of this section shall prevent the application of
local codes and ordinances governing zoning requirements, fire zones, building setback,
maximum area and fire separation requirements, site development and property line
requirements and requirements for on-site utility terminals for factory-built buildings,
manufactured homes and mobile homes.
E. Notwithstanding any other provision of this section, the owner of a manufactured
home or mobile home located in a park subject to title 33, chapter 11 is responsible for
the maintenance of utility connections from any outlets furnished by the landlord
pursuant to section 33-1434 to the unit, except that the landlord is responsible for the
maintenance of connections for any distance greater than twenty-five feet to the point at
which the utility connections are the property of the providing utility company if the
outlet is located outside the lot line of the owner's unit and is more than twenty-five
feet from the unit. A local enforcement agency that determines that local code
requirements are not being met or that maintenance or safety activities are needed for
utility connections may not require anyone except the responsible party to perform or pay
for such activities.
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