TOWN OF EAST NEW MARKET, MARYLAND ORDINANCE NO. 111126
AN ORDINANCE REQUIRING PERMANENT FOUNDATIONS FOR SINGLE-WIDE AND DOUBLE-WIDE MANUFACTURED AND MOBILE HOMES
DRAFT FOR REVIEW
BE IT ORDAINED by the Mayor and Town Council of the Town of East New Market, Maryland, that the following requirements are adopted:
Section 1. Purpose
The purpose of this ordinance is to protect public health, safety, and welfare by requiring manufactured and mobile homes used as dwellings to be securely installed on approved permanent foundations.
Section 2. Definitions
For purposes of this ordinance:
Manufactured or mobile home means a factory-built dwelling transported to a site in one or more sections on a chassis, including homes commonly described as residential trailers, single-wide homes, or double-wide homes. This definition does not include utility trailers, recreational vehicles, or temporary construction trailers.
Permanent foundation means a durable, site-installed structural foundation system designed to support and securely anchor the dwelling to the ground. The system must comply with applicable installation requirements, building codes, and approved foundation plans. Decorative skirting alone does not constitute a permanent foundation.
Section 3. Permanent Foundation Required
A. Every single-wide or double-wide manufactured or mobile home newly placed, installed, replaced, or relocated onto a lot within the Town after the effective date of this ordinance shall be installed on an approved permanent foundation before occupancy.
B. The foundation shall provide adequate structural support and anchorage against settlement, uplift, sliding, and overturning, in accordance with applicable requirements.
C. Wheels, axles, temporary supports, or loose blocks alone shall not satisfy this requirement. Engineered pier-and-footing systems may qualify if approved as permanent foundation systems by the authorized building official.
D. Foundation design and installation shall comply with applicable federal and Maryland requirements, applicable local codes, floodplain regulations, and the manufacturer’s approved installation instructions. An alternative engineered design may be used only when permitted by applicable law and approved by the authorized building official.
Section 4. Permits and Inspection
A. Before placement or installation, the property owner or authorized applicant shall obtain all required permits and approvals and submit a site plan and foundation plans to the appropriate permitting authority.
B. Foundation plans shall be prepared or certified by a Maryland-licensed professional engineer when required by applicable law or the authorized building official.
C. The foundation and anchoring system shall receive all required inspections and final approval before the dwelling is occupied. Any required certificate of occupancy shall be obtained before occupancy.
D. Compliance with this ordinance does not authorize a dwelling in a location where it is otherwise prohibited. All applicable zoning, setback, historic district, utility, and other requirements remain in effect.
Section 5. Existing Homes
A manufactured or mobile home lawfully installed before the effective date may remain without a foundation retrofit solely under this ordinance. Replacement of the home or relocation onto another lot after the effective date shall comply with this ordinance, subject to applicable vested rights.
This section does not excuse unsafe conditions or violations of otherwise applicable laws.
Section 6. Enforcement
The Town’s designated enforcement official shall administer this ordinance within the official’s lawful authority. Violations shall be addressed through applicable notice, correction, appeal, and enforcement procedures.
Penalties and other remedies shall be those lawfully authorized by the Town’s existing enforcement provisions.
Section 7. Compliance with Controlling Law
This ordinance shall be interpreted consistently with controlling federal and Maryland law. It does not establish separate construction standards for the factory-built dwelling itself.
Section 8. Severability
If any provision of this ordinance is held invalid, the remaining provisions shall remain in effect.
Section 9. Effective Date
This ordinance shall take effect on ___________, following completion of all legally required adoption, notice, and publication procedures.
Mayor Gary Lucks
Town of East New Market