South Carolina H 5113: Joint Custody

Bill Text

2025-2026 Bill 5113 Text of Previous Version (May. 08, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 5113

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

Amended

May 7, 2026

H. 5113

Introduced by Reps. Brewer, M. M. Smith, Guffey, 
B. Newton, Lawson, Sessions, Robbins, Gatch, Neese, Kirby, Waters, C. Mitchell, 
Yow, Atkinson, Forrest, Gagnon, Guest, Hayes, Herbkersman, Hiott, J. L. 
Johnson, Wooten, Chapman and Ligon 

S. Printed 5/7/26--S. [SEC 
5/8/2026 2:15 PM]

Read the first time March 26, 2026

________

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 
6-29-735 SO AS TO PROHIBIT LOCAL GOVERNMENTS FROM PREVENTING THE CONTINUANCE OF 
LAWFUL NONCONFORMING USE OF PROPERTY WHEN A PREEXISTING MANUFACTURED HOME OR 
MOBILE HOME IS REPLACED WITH A NEW MANUFACTURED HOME OR MOBILE HOME, TO PROVIDE 
EXCEPTIONS, AND TO PROVIDE DEFINITIONS; AND BY AMENDING SECTION 23-43-85, 
RELATING TO STANDARDS FOR PLACEMENT OF MODULAR HOMES; DISPLAY MODELS, SO AS TO 
PROVIDE THAT THE SECTION APPLIES TO ON-FRAME MODULAR HOMES AND TO REMOVE A 
FIVE-YEAR RESTRICTION ON DISPLAY MODELS BEING USED FOR RESIDENTIAL USE.

 Amend Title To Conform

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Article 5, Chapter 29, Title 6 of the S.C. Code is 
amended by adding:

 Section 
6-29-735. (A) As used in this 
section, the term:

 (1) 
"Manufactured home" means a structure, not including a modular home, designed 
for temporary or permanent habitation and constructed to permit its transport 
on wheels, temporarily or permanently attached to its frame, from its place of 
construction or sale to a location where it is intended to be installed. The 
term includes a 'manufactured home' as defined in 42 U.S.C. Section 5402(6) as 
amended.

 (2) 
"New home" means a manufactured home purchased from either the original 
manufacturer or a dealer in the ordinary course of the dealer's business and 
has never been titled or previously occupied.

 (3) 
"Single-family dwelling" means a manufactured home used as a single-family 
residence.

 (B) 
Notwithstanding the provisions of Section 6-29-730 or another provision of law, 
when there is a replacement of a preexisting manufactured home with a manufactured 
home not more than five years old within a manufactured home community, or on 
any other residential land, a local government may not adopt or enforce any 
zoning decision or zoning ordinance, or any other regulation or restriction, or 
impose any conditions on the new home, the property upon which the home sits, 
or the owner's property that were not required of the preexisting home, home 
site, or property, that would prevent the continuance of the property owner's 
lawful nonconforming use that had existed relating to the preexisting home, the 
property upon which the home sat, or the owner's property. If the property is 
in a designated flood zone and the replacement of a preexisting manufactured 
home occurs the replacement must meet current federal and local flood elevation 
standards and building codes for the flood zone in which the property is located, 
such applicable standards and codes must be actively enforced on all dwelling 
types. 

 (C) 
The provisions of subsection (B) do not apply if:

 (1) 
a discontinuance is necessary for the safety of life or property or to comply 
with applicable federal, state or local laws and regulations, including 
floodplain management, stormwater management, septic and sewer requirements, 
emergency access standards, building codes, and environmental protections, such 
applicable laws and regulations must be actively enforced on all dwelling types;

 (2) 
the nonconforming use has been discontinued for the period of time established 
by ordinance which may not be less than twelve months, unless the 
discontinuance is caused by circumstances outside the control of the property 
owner;

 (3) 
the replacement home would result in a change from the lawful nonconforming use 
as a single-family dwelling to another type of dwelling; 

 (4) 
the replacement home results in an obstruction to a shared driveway or shared 
sidewalk providing vehicular or pedestrian access to other homes and uses, 
unless the property owner makes modifications to the shared driveway or shared 
sidewalk that extinguishes the obstruction or the effects of the obstruction; 
or

 (5) 
the owner of the real property where the manufactured home is located does not 
consent to the replacement of the manufactured home.

SECTION 2. Section 23-43-85 of the S.C. Code is amended to read:

 Section 
23-43-85. (A) A single-family on-frame modular home manufactured after January 1, 
2005, must meet the following standards to be certified for placement in this 
State:

 (1) 
Roof pitch. For