SENATE AMENDED
PRIOR PRINTER'S NO. 1379 PRINTER'S NO. 2419
No. 1236 Session of 1971
INTRODUCED BY MESSRS. IRVIS, FINEMAN, ENGLEHART, LUTTY, LEE,
BUTERA, COYNE, CAPUTO AND GEISLER, JUNE 9, 1971
AS AMENDED ON SECOND CONSIDERATION, IN SENATE, JANUARY 31, 1972
AN ACT
1 Establishing a uniform standards code approved by the United
2 States of America Standards Institute for the body and frame
3 design and construction and the installation of plumbing,
4 heating, and electrical systems in mobile homes; requiring a
5 permit to be issued by the Department of Community Affairs to
6 mobile home manufacturers engaged in business in this
7 Commonwealth; requiring mobile homes to bear a seal issued by
8 the Department of Community Affairs; providing for
9 enforcement and penalties; and providing for a Mobile Home
10 Standards Advisory Commission.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Short Title.--This act shall be known and may be
14 cited as the "Uniform Standards Code for Mobile Homes."
15 Section 2. Definitions.--As used in this act:
16 (1) "Mobile home" means a transportable, single family
17 dwelling intended for permanent occupancy, office or place of
18 assembly contained in one unit, or in two units designed to be
19 joined into one integral unit capable of again being separated
20 for repeated towing, which arrives at a site complete and ready
21 for occupancy except for minor and incidental unpacking and
1 assembly operations, and constructed so that it may be used
2 without a permanent foundation.
3 (2) "Code" means the uniform standards code that meets the
4 standards approved by the United States of America Standards
5 Institute or its successor, the American National Standards
6 Institute set up for mobile homes for the body and frame design
7 and construction and the installation of the electrical,
8 plumbing and heating systems.
9 (3) "Seal" means a device or insignia issued by the
10 Department of Community Affairs, to be displayed on the exterior
11 of the mobile home in such manner as shall be designated by
12 department regulations.
13 (4) "Dealer" means a person who is defined as a "new mobile
14 home dealer" or "used mobile home dealer" as those terms are
15 defined in section 102 of "The Vehicle Code."
16 (5) "Manufacturer" means any person engaged in the business
17 of manufacturing mobile homes as defined herein.
18 (6) "Department" means the Department of Community Affairs.
19 (7) "Person" means a person, partnership, company,
20 corporation, or association engaged in manufacturing or selling
21 mobile homes.
22 (8) "Political subdivision" means any county, city, borough,
23 incorporated town, township, or any similar general purpose unit
24 of government which may be created by the General Assembly with
25 authority to establish standards and requirements applicable to
26 the construction, installation, alteration and repair of
27 buildings.
28 Section 3. Establishment of Uniform Standards Code.--(a) The
29 body and frame design and construction of mobile homes and all
30 plumbing, heating, and electrical systems installed in mobile
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1 homes manufactured more than six months after the effective date
2 of this act and sold or offered for sale in this Commonwealth
3 shall meet the standards approved by the United States of
4 America Standards Institute or its successor for the body and
5 frame design and construction, and installation of plumbing,
6 heating and electrical systems in mobile homes, said standards
7 being known as USAS A-119.1-1969 and NFPA 501B-1968, approved
8 January 27, 1969.
9 (b) The department may adopt and promulgate regulations
10 which clarify and supplement the standards referred to in
11 subsection (a) of this section. If the code, or any section,
12 part or provision thereof, is changed, altered, or amended, the
13 department may adopt and promulgate regulations which are
14 reasonably consistent with or identical to the code, as changed,
15 altered or amended. The department shall adopt such other
16 regulations as are necessary to carry out the provisions of this
17 act, including regulations to be adopted within four months of
18 the effective date of this act which set forth the manner in
19 which the permit required by subsection (a) of section 5 of this
20 act is to be obtained. However, no portion of this act, or
21 code, or rules and regulations adopted, amended, or repealed as
22 provided herein, which limits the work to be performed to any
23 type of construction contractor, or manufacturer, or labor or
24 mechanic classification, or materials, shall be enforceable by
25 the department.
26 (c) The department shall hold public hearings on the
27 regulations proposed to be adopted, amended or repealed; said
28 hearings, and all hearings required under this act shall be
29 consistent with the provisions of the act of June 4, 1945
30 (P.L.1388), known as the "Administrative Agency Law," and the
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1 act of July 31, 1968 (Act No. 240), known as the "Commonwealth
2 Documents Law." The regulations adopted pursuant to this act
3 shall not be effective unless their adoption is in accordance
4 with the provisions of the act of July 31, 1968 (Act No. 240),
5 known as the "Commonwealth Documents Law."
6 Section 4. Effect of Code.--(a) A EXCEPT IN CASES OF <--
7 WATERLINE CONNECTIONS TO THEIR MAIN SOURCE OF SUPPLY; SEWER
8 DRAINAGE LINE CONNECTIONS TO MAIN SEWERS OR CESSPOOLS; OR
9 ELECTRICAL LINE CONNECTIONS TO THEIR MAIN SOURCE OF POWER A
10 mobile home bearing a seal affixed pursuant to the requirements
11 of this act shall be deemed to comply with all ordinances,
12 regulations, or building codes, or special local requirements
13 enacted by the Commonwealth or any political subdivision thereof
14 applicable to the body and frame design and construction, and
15 installation of plumbing, heating and electrical systems within
16 and including the exterior walls of the mobile home.
17 (b) Nothing in this act shall be construed as amending or
18 repealing any of the provisions of the act of April 27, 1927
19 (P.L.465), entitled, as amended, "An act to provide for the
20 safety of persons employed, housed, or assembled in certain
21 buildings and structures not in cities of the first class,
22 second class, and second class A, by requiring certain
23 construction and ways of egress, equipment, and maintenance;
24 providing for the licensing of projectionists, except in cities
25 of the first class and second class; requiring the submission of
26 plans for examination and approval; providing for the
27 promulgation of rules and regulations for the enforcement of
28 this act; providing for the enforcement of this act by the
29 Department of Labor and Industry and, in certain cases, by the
30 chiefs of fire departments in cities of the third class;
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1 providing penalties for violations of the provisions of this
2 act; and repealing certain acts."
3 (c) Nothing in this act shall be construed as amending,
4 repealing or superseding any local zoning ordinance, subdivision
5 regulation or locally adopted land development code, regulation
6 or ordinance.
7 Section 5. Issuance of Permit and Seals.--(a) Any
8 manufacturer within or without this Commonwealth shall apply to
9 the department for a permit to affix seals to mobile homes
10 intended for sale in this Commonwealth and shall comply with the
11 regulations regarding the obtaining of a permit adopted pursuant
12 to subsection (b) of section 3.
13 (b) Seals for affixation to a mobile home shall be issued to
14 a manufacturer holding a permit, upon the manufacturer's
15 certification that any mobile home to which a seal is to be
16 affixed will be built at least equal to the code standards and
17 regulations, if any, referred to in section 3.
18 Section 6. Seal Required; Violations.--(a) No person may
19 sell or offer for sale in this Commonwealth any mobile home
20 manufactured more than six months following the effective date
21 of this act unless it bears a seal that such mobile home meets
22 or exceeds the code standards and regulations, if any,
23 established by this act, which seal shall be displayed in the
24 manner prescribed by the department.
25 (b) No person may affix a seal to any mobile home which does
26 not meet or exceed the requirements of the code standards and
27 regulations, if any, established in this act.
28 (c) Any dealer, owner, or other person in possession of a
29 mobile home which does not bear a seal may make application to
30 the department for an inspection of the mobile home by an
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1 inspector of the department who shall thereupon issue a seal for
2 such unit upon finding that it complies with the regulations
3 promulgated hereunder and the department may establish a
4 reasonable inspection fee for the furnishing of such service.
5 (d) The provisions of this section shall not apply to the
6 manufacture or sale of mobile homes designated for delivery and
7 use outside the Commonwealth.
8 (e) A seal issued by the department shall not be required on
9 a mobile home bearing a seal issued by another state under
10 regulations found by the department to be consistent with the
11 regulations promulgated hereunder. The department, upon
12 request, shall furnish a current list of states to which this
13 subsection applies.
14 Section 7. Fees.--The department shall establish a schedule
15 of fees reasonably related to the cost incurred by the
16 department in the administration and enforcement of this act.
17 Section 8. Administration of Act.--(a) The department is
18 hereby charged with the administration of this act. It shall
19 have the power to make and amend, alter or repeal the
20 regulations referred to in section 3 and also regulations of
21 procedure for carrying into effect any provision of this act,
22 and to prescribe means, methods, and practice to make effective
23 such provisions. The department is hereby authorized to enter
24 into interdepartmental agreements for the purposes of
25 administration of this act.
26 (b) The department, through its authorized representatives,
27 may enter any place or establishment where mobile homes are
28 manufactured, sold, or offered for sale, for the purpose of
29 ascertaining whether the requirements of this act and the
30 regulations of the department have been met.
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1 (c) No person may interfere, obstruct or hinder an
2 authorized representative of the department in the performance
3 of his duty as set forth in the provisions of this act.
4 Section 9. Penalties.--(a) Any person who violates or fails
5 to comply with this act shall be given certified mail notice by
6 the department and instructed to correct the violation within a
7 time prescribed by the department. Should the person fail to
8 make the necessary correction he shall be guilty of a
9 misdemeanor and, upon conviction thereof, shall be sentenced to
10 pay a fine of not less than one hundred dollars ($100) nor more
11 than five hundred dollars ($500), or undergo imprisonment not
12 exceeding six months, or both. A violation as to each separate
13 mobile home shall constitute a separate offense.
14 (b) The department, after notice and hearing, may revoke the
15 permit of a manufacturer who violates the provisions of this
16 act.
17 Section 10. Mobile Home Standards Advisory Commission.--The
18 department shall establish a Mobile Home Standards Advisory
19 Commission consisting of persons knowledgeable in the fields of
20 mobile home manufacturing, marketing and use. The department
21 shall consult with and obtain advice of the commission in the
22 drafting and promulgation of rules and regulations to be adopted
23 in accordance with this act. The commission shall consist of
24 nine members, appointed by the Governor. The members initially
25 appointed shall serve for the following terms: three members
26 for a term of one year, three members for a term of two years
27 and three members for a term of three years. The particular
28 term of each member shall be designated by the Governor at the
29 time of appointment. The terms of all their successors shall be
30 three years each, except that any person appointed to fill a
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1 vacancy shall serve only for the unexpired term. Every member's
2 term shall extend until his successor is appointed and
3 qualified. Any member shall be eligible for reappointment. The
4 members shall not receive compensation for their services as
5 members, but shall receive reimbursement for all necessary
6 expenses incurred in connection with the performance of their
7 duties as members. The department may supply such staff as
8 requested by the commission.
9 Section 11. Effective Date.--This act shall take effect
10 immediately.
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