| PRINTER'S NO. 111 |
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. | 124 | Session of 2013 |
INTRODUCED BY AUMENT, GINGRICH, MACKENZIE, CUTLER, HICKERNELL, MILLARD, MILLER, DENLINGER AND MURT, JANUARY 15, 2013
REFERRED TO LABOR AND INDUSTRY, JANUARY 15, 2013
AN ACT
1Amending the act of May 11, 1972 (P.L.286, No.70), entitled "An
2act regulating the sale of certain structures made,
3fabricated, formed or assembled in manufacturing facilities
4and providing penalties," further providing for findings and
5declarations of policy, for regulations, insignia of
6certification required, for promulgation of rules and
7regulations by the department and for recognition of
8certification of other states or the Federal Government.
9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:
11Section 1. Section 2 of the act of May 11, 1972 (P.L.286,
12No.70), known as the Industrialized Housing Act, is amended by
13adding a paragraph to read:
14Section 2. Findings and Declarations of Policy.--It is
15hereby determined and declared as a matter of legislative
16finding that:
17* * *
18(8) To facilitate the construction and installation of
19industrialized/commercial modular buildings and
20industrialized/commercial building modules for use in this
21Commonwealth there is a need for uniform State standards and
1procedures for the identification, inspection and assembly and
2certification in a similar manner as industrialized housing.
3Section 2. Section 4(j) of the act, added July 6, 2009
4(P.L.56, No.13), is amended to read:
5Section 4. Regulations, Insignia of Certification
6Required.--* * *
7(j) The department [is authorized to enter into a multistate
8agreement for the purpose of regulating] shall adopt regulations
9to administer a certification program as described in this
10section to regulate the construction, installation standards and
11inspection of industrialized/commercial modular buildings
12shipped from the factory and industrialized/commercial building
13modules shipped from the factory. [The department shall adopt
14regulations to administer the program.] Modules of
15industrialized/commercial modular buildings that are certified
16under the program established pursuant to this subsection shall
17be deemed to meet the requirements of the act of November 10,
181999 (P.L.491, No.45), known as the "Pennsylvania Construction
19Code Act."
20Section 3. Sections 5(a) and 6 of the act are amended to
21read:
22Section 5. Promulgation of Rules and Regulations by the
23Department.--(a) The department, in consultation with the
24Industrialized Housing Advisory Commission shall promulgate
25rules and regulations to interpret and make specific the
26provisions of this act. Such rules and regulations adopted,
27amended, repealed and substituted from time to time pursuant to
28this section shall assure the health, safety and welfare of the
29people of Pennsylvania by requiring safe and sanitary industrial
30housing and industrialized/commercial modular buildings and
1industrialized/commercial building modules and shall include
2provisions imposing requirements reasonably consistent with
3recognized and accepted model codes. The department shall adopt
4such other rules and regulations as are necessary to carry out
5the provisions of this act. Such rules and regulations shall be
6consistent with the act of [June 4, 1945 (P.L.1388), known as
7the "Administrative Agency Law."] July 31, 1968 (P.L.769,
8No.240), referred to as the Commonwealth Documents Law. No
9portion of this act or any code, or rules and regulations
10adopted, amended, repealed or substituted as provided herein,
11which limits the work to be performed to any type of
12construction contractor, or labor or mechanic classification
13shall be adopted or enforceable by the department.
14* * *
15Section 6. Recognition of Certification of Other States or
16the Federal Government.--The department may issue insignia of
17certification to industrialized housing [or], housing
18components, industrialized/commercial modular buildings and
19industrialized/commercial building modules that have been
20certified by the United States Department of Housing and Urban
21Development or competent authority within other states if the
22department finds that such certification is granted on the basis
23of standards substantially equivalent to the provisions
24promulgated under section 5 of this act.
25Section 4. This act shall take effect immediately.