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Under section 77 of the Community Planning Act, the Lieutenant-Governor in Council on the recommendation of the Minister, makes the following Regulation:

1This Regulation may be cited as the Provincial Mobile Home Parks and Sites Regulation - Community Planning Act.

2In this Regulation

“building inspector” means the building inspector appointed by the Minister for the area in which the mobile home park or site under consideration is located;(inspecteur des constructions)

“mini home” means a building unit that is designed to be used with or without a permanent foundation as a dwelling for humans, that has a width of less than six metres throughout its entire length exclusive of steps or porches, that is not fitted with facilities for towing or to which towing apparatus can be attached and that is capable of being transported by means of a flat-bed float trailer from the site of its construction without significant alteration;(mini-maison)

“mobile home” means a trailer containing a water closet and a bath or shower;(maison mobile)

“mobile home park” means a parcel of land, not in a Provincial Park, intended as the location, for residential purposes, of ten or more mobile homes, upon which at least two mobile homes are located for residential purposes;(parc de maisons mobiles)

“mobile home site” means a parcel of land, not in a Provincial Park or mobile home park,(emplacement de maison mobile)

(a) intended as the location for residential purposes of one mobile home, or

(b) upon which one mobile home is located for residential purposes;

“space” means a plot of land within a mobile home park designated to accommodate, or accommodating, one mobile home;(emplacement)

“trailer” means any vehicle used for sleeping or eating accommodation of persons and so constructed as to be suitable for being attached to and drawn by a motor vehicle, notwithstanding that such vehicle is jacked up or its running gear removed;(roulotte)

“trailer camp” means a parcel of land, not in a mobile home park, which serves or is intended to serve as the location of two or more trailers for temporary residential purposes.(camp de roulottes)

87-107; 2008-142

APPLICATION

Repealed: 2014-102

2014-102.

3This Regulation is effective throughout the Province except in a municipality or a rural community.

2005-36

SCOPE

Repealed: 2014-102

2014-102.

4This Regulation provides for

(a) the regulating and licensing of mobile home parks; and

(b) the regulating of mobile home sites.

PROHIBITION

Repealed: 2014-102

2014-102.

5(1)Except for purposes of storage of the vehicle itself, no mobile home or other trailer may be placed or located except

(a) in the case of a mobile home,

(i) in a mobile home park licensed hereunder,

(ii) on a mobile home site, or

(iii) in a trailer camp or a campground; or

(b) in the case of a trailer other than a mobile home, in a trailer camp or a campground.

5(2)No person may establish, operate or maintain a mobile home park unless such person holds a valid licence therefor hereunder.

5(3)Except as authorized by an expansion permit hereunder, development of a mobile home park other than as shown on plans approved on the issuing of the licence therefor is prohibited.

2008-142

LICENCES

Repealed: 2014-102

2014-102.

6(1)An application for a mobile home park licence shall be

(a) in a form prescribed by the Director;

(b) signed by the applicant; and

(c) delivered to the building inspector.

6(2)An application mentioned in subsection (1) shall contain

(a) the name and address of the applicant;

(b) the location and description of the park by metes and bounds;

(c) plans and dimensions of all buildings and other improvements constructed or to be constructed within the park;

(d) a complete plan of the park, disclosing compliance with the requirements of this Regulation; and

(e) such other information as may be requested by the building inspector or Director to ascertain the merits of the application.

6(3)The Director shall issue a mobile home park licence when

(a) an application under this section is received;

(b) he is satisfied

(i) that his investigation among residents in the environs of the proposed park and other considerations indicate the park will not result in deterioration of property values or be contrary to the public interest, and

(ii) that, with respect to the requirements of this Regulation and any other Act or regulation,

(A) the plans for the park comply therewith, and

(B) development of the park will proceed in such manner as to comply therewith; and

(c) the fee set out in subsection (5) has been paid.

6(4)Subject to subsection (6), a licence under this section is valid until the thirty-first day of December in the year in which it is issued and is renewable.

6(5)The fee for a licence under this section, or a renewal thereof, is five dollars.

6(6)Where there is a violation of a requirement of this Regulation, or where a District Medical Health Officer alleges the existence of a nuisance pursuant to regulation under the Health Act, the building inspector may, by written notice served personally on, or sent by registered mail to, the person named in the permit, state the nature of the violation or alleged nuisance and order the cessation thereof within a reasonable time stated in the notice.

6(7)Where a person fails to comply with an order under subsection (6), the building inspector may suspend or cancel the license or permit, and may, if the conditions leading to the suspension are subsequently corrected, reinstate the suspended licence or permit.

EXPANSION PERMITS

Repealed: 2014-102

2014-102.

7(1)The provisions of subsection 6(1) with respect to an application for a licence apply mutatis mutandis to an application for an expansion permit under this section.

7(2)An application for an expansion permit shall contain

(a) the name and address of the applicant;

(b) the location of the mobile home park;

(c) the dimensions by metes and bounds of the mobile home park, if altered from that previously submitted;

(d) plans and dimensions of all buildings and other improvements in respect of which the permit is sought; and

(e) such other information as may be requested by the building inspector or Director to ascertain the merits of the application.

7(3)Subject to subsection (4), the provisions of subsection 6(3) with respect to the issuing of a licence apply mutatis mutandis to the issuing of an expansion permit under this section.

7(4)The fee for an expansion permit under this section is five dollars, except that, where an application for an expansion permit is received simultaneously with an application for renewal of a licence under section 6, no expansion permit fee is required to be paid.

PARK REQUIREMENTS

Repealed: 2014-102

2014-102.

8(1)A mobile home park shall conform to the following requirements:

(a) a park shall be located on a well-drained parcel of land, properly graded to insure rapid drainage and freedom from stagnant pools of water;

(b) subject to subsection (2), a park shall incorporate a buffer area;

(c) subject to subsection (3), a park shall be serviced by an internal roadway system;

(d) a park shall contain at least ten spaces;

(e) a park shall be serviced by public power and the facilities installed within the park therefor shall be of a standard acceptable to the supplying utility;

(f) a park shall be serviced by common water and sewer facilities approved by the Department of Environment and Local Government and the Department of Health;

(g) all spaces shall

(i) be clearly defined on the ground by permanent markers,

(ii) subject to subsection (4), have and contain a width and area of at least 12 metres and 375 square metres, respectively,

(iii) abut the internal roadway system,

(iv) be indicated by numbers corresponding to numbers shown on the plan approved on the issuing of the licence for the park,

(v) be serviced by facilities mentioned in paragraphs (e) and (f),

(vi) contain a pad where the mobile home is intended to be placed, such pad being of an appropriate material, properly placed, graded and compacted so as to be durable and adequate to support maximum anticipated loads during all seasons, and

(vii) not include any part of a buffer area required under paragraph (b);

(h) no mobile home shall be located within

(i) 3 metres of the internal roadway system,

(ii) 1 metre of the side of a space,

(iii) 2 metres of the rear of a space,

(iv) 7.5 metres of a boundary of the park, or of a service building within it,

(v) 7.5 metres of another mobile home, except that, when two of them are placed end to end on adjoining spaces, this distance may be reduced to 3.5 metres, or

(vi) 30 metres of a dwelling house;

(i) motor vehicle parking accommodation for the occupant’s vehicle shall be provided on each space and, for each four spaces which do not have further accommodation for visitor parking of one vehicle, one such accommodation shall be provided in parking areas dispersed throughout the park, such accommodation being surfaced with an appropriate material and compacted so as to be durable and adequate to support maximum anticipated loads during all seasons;

(j) all park entrances and exits and the internal roadway system shall be lighted at night, with the lighting so arranged that its direct rays do not fall on adjoining premises;

(k) all service buildings shall be permanent structures complying with the National Building Code of Canada 1995;

(l) where provided, toilet, washroom, bathing and laundry facilities shall

(i) be maintained in a clean and sanitary condition, at all times, and

(ii) be located in rooms or buildings which

(A) are adequately lighted at all times,

(B) are well ventilated with screened openings,

(C) have an interior finish of such moistureproof material, including painted woodwork, as will permit repeated cleaning and washing thereof,

(D) are maintained at a temperature not less than 20 degrees Celcius, and

(E) are kept clean at all times;

(m) all mobile homes in the park shall be provided with durable skirting, designed and placed so as to harmonize therewith; and

(n) no building, structure or mobile home appurtenance may be placed or erected on a space except

(i) a canopy, awning, expansion unit, accessory structure, carport or porch, if factory-built, designed for, attached to and harmonizing with the mobile home,

(ii) a porch or entry, if the floor area thereof does not exceed 2.5 square metres and it is designed for, attached to and harmonizing with the mobile home,

(iii) a factory-built accessory storage building, or

(iv) a clothes drying line.

8(2)A buffer area mentioned in paragraph (1)(b) shall

(a) consist of an area at least 3 metres wide within and abutting the boundaries of the park, except that, where a set-back is required by regulation or by-law, the buffer area shall be in excess of the minimum required set-back;

(b) have trees or other planting planted therein and maintained in good condition, sufficient to screen the park from adjoining properties and highways;

(c) be maintained clear of any mobile homes, buildings, structures or service facilities other than waterfront recreation facilities; and

(d) contain no internal roadways except those which cross it as close to right angles as practicable and connect directly with the internal roadway system contained within the remainder of the park.

8(3)An internal roadway system mentioned in paragraph (1)(c) shall

(a) have a width of at least 12 metres;

(b) have a travel portion at least 6 metres wide, with a paved or other all-weather dust-free surface sufficient to carry imposed loads;

(c) give access to all spaces and service buildings in the park; and

(d) afford access to a public highway, such access to meet the highway as close to right angles as practicable.

8(4)Where a mobile home park was established and spaces therein were serviced by common water and sewer systems prior to February 8, 1967, the spaces which were so serviced may have and contain a width and area less than required under subparagraph (1)(g)(ii) if such spaces and the mobile home placed thereon otherwise comply with the requirements hereof.

2000, c.26, s.52; 2005-36; 2006, c.16, s.40; 2012, c.39, s.48

GARBAGE AND RUBBISH DISPOSAL

Repealed: 2014-102

2014-102.

9(1)The owner or operator of a mobile home park is responsible for assuring

(a) the provision of tightly-covered metal or plastic garbage cans or other containers acceptable to the building inspector for each mobile home in the park in sufficient quantity to preclude overflow thereof between collections mentioned in paragraph (c);

(b) the maintenance of containers mentioned in paragraph (a) in a sanitary condition at all times; and

(c) the collection and disposal of garbage and rubbish as frequently as may be necessary to preclude overflow mentioned in paragraph (a), but not less than once a week.

9(2)The occupant of a mobile home in a mobile home park shall deposit garbage and rubbish in a container mentioned in paragraph (1)(a) and shall not otherwise allow the deposit or accumulation thereof on the space on which the mobile home is placed.

FIRE PROTECTION

Repealed: 2014-102

2014-102.

10Unless the mobile home park is protected by a hydrant system, the owner or operator of the park is responsible for assuring that each mobile home therein is equipped with a dry powder or CO2 fire extinguisher of at least one kilogram in contents.

87-107

MINI HOMES

Repealed: 2014-102

2014-102.

10.1Notwithstanding anything else in this Regulation, a mini home may be placed or located in a mobile home park licensed under this Regulation as if it were a mobile home.

87-107

MOBILE HOME SITES

Repealed: 2014-102

2014-102.

11(1)A mobile home site shall

(a) except where otherwise permitted by the Planning Committee, abut a publicly-owned street;

(b) have dimensions, and contain an area, at least as great as required by the Provincial Subdivision Regulation - Community Planning Act for a similarly serviced lot or other parcel of land; and

(c) not contain any dwelling house or more than one mobile home.

11(2)A mobile home on a mobile home site shall be provided with durable skirting, designed and placed so as to harmonize with the mobile home.

11(3)No mobile home appurtenance may be placed or erected on a mobile home site except

(a) a canopy, awning, expansion unit, accessory structure, carport or porch, if factory-built, designed for, attached to and harmonizing with the mobile home;

(b) a porch or entry, if the floor area thereof does not exceed 2.5 square metres and it is designed for, attached to and harmonizing with the mobile home; or

(c) a clothes drying line.

BUILDING PERMITS

Repealed: 2014-102

2014-102.

12(1)In an area affected by a building regulation or by-law, no mobile home, mobile home appurtenance or other building or structure may be placed, located or erected on a mobile home site unless a building permit therefor has been issued.

12(2)Subject to subsection (3), a building inspector may issue a building permit to allow the placing or locating of a mobile home on a lot for a temporary period indicated on the permit, but not exceeding one year, if such mobile home is intended for use by the owner or builder of a dwelling under construction on the same lot.

12(3)Where a building permit mentioned in subsection (2) has been issued,

(a) the permit is valid for the period indicated thereon; and

(b) the owner or person in whose name the permit was issued shall remove the mobile home from the lot prior to the expiration of the permit.

13New Brunswick Regulations 73-44 and 84-44 under the Community Planning Act are repealed.

N.B. This Regulation is consolidated to August 12, 2014.

84-291 - Provincial Mobile Home Parks and Sites

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