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| PRIOR PRINTER'S NO. 3031 | PRINTER'S NO. 3313 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY GALLOWAY, BELFANTI, MUSTIO, DiGIROLAMO, CASORIO, BEAR, BOYD, CALTAGIRONE, CIVERA, DERMODY, GIBBONS, GRUCELA, HENNESSEY, HORNAMAN, MURT, OBERLANDER, PRESTON, SANTARSIERO, SIPTROTH, K. SMITH, SOLOBAY, THOMAS, WANSACZ, YOUNGBLOOD, WATERS, BRADFORD, CREIGHTON AND FARRY, DECEMBER 15, 2009 |
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| AS REPORTED FROM COMMITTEE ON LABOR RELATIONS, HOUSE OF REPRESENTATIVES, MARCH 10, 2010 |
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| AN ACT |
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1 | Amending the act of November 29, 2004 (P.L.1282, No.158), |
2 | entitled "An act providing for the regulation of the |
3 | installation of manufactured housing and for the powers and |
4 | duties of the Department of Community and Economic |
5 | Development," expanding the coverage of the act to relocated |
6 | housing. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Section 3 of the act of November 29, 2004 |
10 | (P.L.1282, No.158), known as the Manufactured Housing |
11 | Improvement Act, is amended by adding a definition to read: |
12 | Section 3. Definitions. |
13 | The following words and phrases when used in this act shall |
14 | have the meanings given to them in this section unless the |
15 | context clearly indicates otherwise: |
16 | * * * |
17 | "Relocated manufactured home." A manufactured home which has |
18 | been transported to a site other than its original installation |
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1 | site. |
2 | * * * |
3 | Section 2. Sections 5 and 6 of the act are amended to read: |
4 | Section 5. Departmental duties. |
5 | (a) Invitation for comments.--The department shall invite |
6 | comments from entities involved in the manufactured housing |
7 | industry, owners of new manufactured homes and third-party |
8 | agencies concerning the promulgation of regulations governing |
9 | the installation of new manufactured homes and relocated |
10 | manufactured homes and the training and certification of new |
11 | manufactured home installers. |
12 | (b) Regulations.--The department shall promulgate |
13 | regulations governing: |
14 | (1) The training and certification of [new] manufactured | <-- |
15 | home installers. |
16 | (2) The training of those persons who inspect the |
17 | installation of [new] manufactured homes in this | <-- |
18 | Commonwealth. |
19 | (3) The issuance of a warning, suspension, revocation or |
20 | monetary fine against persons who violate the regulations of |
21 | the department promulgated under this act. |
22 | (4) A minimum habitability standard and Procedures to | <-- |
23 | assess compliance with the manufactured home construction and |
24 | safety standard to which a home was originally designed and |
25 | constructed, as well as an installation standard for |
26 | relocated manufactured homes. Relocated manufactured homes |
27 | meeting this standard criteria shall be deemed to comply with | <-- |
28 | the act of November 10, 1999 (P.L.491, No.45), known as the |
29 | Pennsylvania Construction Code Act. Activities Any activities | <-- |
30 | or processes not addressed by the standard shall comply with | <-- |
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1 | Chapter 3 of the Pennsylvania Construction Code Act as |
2 | applicable. This standard shall do all of the following: | <-- |
3 | (i) Recognize the habitability factors as to which |
4 | the home was originally constructed and installed as well |
5 | as other factors which impact the welfare of the |
6 | occupants and the public. The procedures and installation | <-- |
7 | standard shall: |
8 | (i) Establish minimum requirements for fire safety |
9 | including emergency escape and smoke alarms, exterior |
10 | coverings, structural integrity for the floor, walls, |
11 | ceilings and roof or any other element that renders a |
12 | manufactured house unsafe, unfit or unsanitary. The |
13 | installation standard shall establish prescriptive |
14 | guidelines for support, anchoring and assembly. |
15 | (ii) Provide an alternative when the manufacturer's |
16 | original installation instructions are no longer |
17 | available or practical. |
18 | (iii) Establish criteria to evaluate the suitability |
19 | of existing foundation in land lease communities which |
20 | may be utilized in the installation of relocated |
21 | manufactured homes. |
22 | (iv) Establish a shallow depth frost protected |
23 | foundation system which may be utilized in a land lease |
24 | community. |
25 | (c) Fees.--The department shall determine and approve |
26 | reasonable fees for educational programs, testing and |
27 | certification of those persons certified to install and inspect |
28 | the installation of [new] manufactured homes in this | <-- |
29 | Commonwealth. |
30 | Section 6. Inspection of installation of [new] manufactured | <-- |
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1 | homes. |
2 | (a) Permits.--Permits are required under the Uniform |
3 | Construction Code for the installation and occupancy of |
4 | manufactured housing and relocated manufactured homes. A permit |
5 | for occupancy of a relocated manufactured home may not be issued |
6 | unless the relocated manufactured home meets the habitability | <-- |
7 | standard all requirements under section 5(b)(4) and the | <-- |
8 | installer certifies the installation. |
9 | (b) Installation.--A [new] manufactured home shall be | <-- |
10 | installed in conformity with the manufacturer's approved design |
11 | applicable to the particular home. Construction activities or |
12 | processes not addressed by the manufacturer's approved design |
13 | shall comply with the Uniform Construction Code requirement |
14 | relating to those activities or processes. |
15 | (c) Availability of instructions.--The manufacturer's |
16 | approved design shall be kept at the site of the home and |
17 | accessible to the building code official and shall remain with |
18 | the home for possession by the purchaser. |
19 | (d) Rejection prohibited.--Building code officials cannot |
20 | reject a manufacturer's approved design. |
21 | (e) Certification of installer.--The installer shall certify |
22 | to the department and the building code official that the [new] | <-- |
23 | manufactured home has been installed in accordance with the |
24 | manufacturer's approved design and complies with all applicable |
25 | standards, including the Uniform Construction Code, for |
26 | activities and processes not covered by the Manufactured Home |
27 | Construction and Safety Standards. |
28 | (f) Governance.--All of the following activities are |
29 | governed under the Uniform Construction Code and may not be |
30 | governed by the manufacturer's approved design: |
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1 | (1) Alterations or repairs to a manufactured home that |
2 | do not fall within the manufactured home construction and |
3 | safety standards and the manufacturer's installation |
4 | instructions after assembly and shipment by the manufacturer. |
5 | (2) Additions to a manufactured home after delivery to |
6 | the site. |
7 | (3) Construction, alteration, repair or change of |
8 | occupancy if a manufactured home is resold to a subsequent |
9 | purchaser. |
10 | (4) Construction, alteration, repair or change of |
11 | occupancy if the original purchaser relocates the |
12 | manufactured home. |
13 | (5) Utility connections. |
14 | (6) Grading. |
15 | Section 3. This act shall take effect in 60 days. |
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