AGO 81-038.

• Case Date: April 10, 1981
• Court: North Dakota

North Dakota Attorney General Opinions 1981. AGO 81-038. OPINION 81-38Date Issued: April 10, 1981 (AGO 81-38) Requested by: Charlene H. Seifert, Director State Laboratories and Consumer Affairs- QUESTION PRESENTED - Whether mobile home parks, trailer parks, and campgrounds constructed before July 1, 1977, are subject to the rules and regulations adopted by the North Dakota State Laboratories Commission prior to such date.- ATTORNEY GENERAL'S OPINION - It is my opinion that mobile home parks, trailer parks, and campgrounds constructed before July 1, 1977, are subject to the rules and regulations adopted by the North Dakota Laboratories Commission which were in effect prior to July 1, 1977. Further, all such parks and campgrounds are immediately subject to the licensing requirements of chapter 23-10, N.D.C.C. - ANALYSIS - Section 23-10-01, N.D.C.C. provides as follows:

23-10-02. DEPARTMENT TO MAKE REGULATIONS - COMPLIANCE. The department shall have general supervision over the health, safety, sanitary condition, and legal compliance as outlined in this chapter of all mobile home parks, trailer parks, and campgrounds in this state and may promulgate and enforce appropriate rules and regulations in accordance with chapter 28-32. All mobile home parks, trailer parks, and campgrounds constructed after July 1, 1977, shall be constructed in accordance with the requirements of this chapter and the rules and regulations promulgated at the time of construction. All mobile home parks, trailer parks, and campgrounds constructed before July 1, 1977, shall meet the requirements of this chapter by July 1, 1985. All mobile home parks, trailer parks, and campgrounds shall meet rules and regulations duly promulgated after construction of the park or campground within eight years after the effective date of the rule or regulation. (Emphasis supplied).

A review of the legislative history of chapter 23-10, N.D.C.C., reveals that the State Laboratories Commission had statutory authority to enact...