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Panel advances bill to let owners replace older manufactured homes without losing nonconforming status (H5113)
Summary
H5113 would allow a preexisting manufactured home to be replaced with another manufactured home not more than five years old without losing a local nonconforming use, clarify on‑frame modular home classification, and eliminate a five‑year restriction on modular display homes; the subcommittee advanced the bill while encouraging continued negotiation with municipalities.
Ms. Benson, a committee staffer, summarized H5113 for the Senate Judiciary subcommittee: the bill would permit a preexisting manufactured home to be replaced by another manufactured home that is not more than five years old without terminating the site’s nonconforming use (subject to safety exceptions); it would also classify single-family modular homes as "on frame" when they rest on permanent foundations and remove a five-year restriction on modular display homes being sold for residential use.
Webster Hall, representing the Municipal Association, opposed the bill in its current form, saying it could preempt local zoning and allow perpetual replacement of mobile homes regardless of municipal land-use decisions. "Zoning and land use is historically a matter of local control," Hall said, adding the draft amendment circulated earlier was fluid and the association was negotiating with stakeholders and the sponsor.
Industry witnesses including Ronnie Boyce, general manager at Kinko Homes and chair of the Manufactured Housing Institute of South Carolina, supported the bill as restoring fairness for homeowners and allowing families to rebuild after fires or disasters. Boyce said local restrictions have trapped families in deteriorating housing and that H5113 would create consistent statewide standards to enable replacement with modern, code‑compliant manufactured homes.
Committee members expressed concern about potential constitutional issues and asked staff and the Municipal Association to continue discussions. The subcommittee moved a favorable report with the caveat that members remain open to amendments and advanced H5113 by voice vote; no roll-call tally was recorded.
Sponsors said the bill aims to modernize housing rules and preserve affordable options; municipal officials said they want clearer language and limits. The committee encouraged continued negotiations ahead of full-committee consideration.
