48-1. General

  1. Title. These regulations shall be known as the Henderson County Minimum Housing Code, hereinafter referred to as “this Code.”
  2. Purpose. The purpose of this Code is to establish and enforce minimum requirements for the protection of the life, health, welfare, safety, and property of the general public and the owners and occupants of places of human habitation.
  3. Scope. The provisions of this Code shall apply to all existing rental dwellings and constitute minimum requirements and standards for: premises, structures, equipment and facilities for living conditions, safety from fire and other hazards, and for safe and sanitary maintenance. The provisions shall also constitute minimum requirements and standards for the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties. Demountable units such as manufactured homes shall be subject to the North Carolina Regulations for Manufactured Homes and other applicable provisions of this Code.
  4. Intent. This Code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. Repairs, alterations, additions to and change of occupancy in existing buildings shall comply with the North Carolina Building Code.
  5. Severability. If a section, subsection, sentence, clause or phrase of this Code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Code.
  6. Exemptions. This code shall exempt agricultural workforce housing that is regulated under federal law and seasonal agricultural workforce housing that is not occupied on a year-round basis. The County shall forward any complaints received on agricultural workforce housing to the appropriate federal agency shall investigate any complaints that a seasonal agricultural workforce housing unit is occupied as a permanent, year round residency.