PRIOR PRINTER'S NO. 3021 PRINTER'S NO. 3453
No. 2113 Session of 2007
INTRODUCED BY GERGELY, BOYD, HARKINS, HELM, MAHONEY, MURT,
MYERS, PETRONE, SIPTROTH, J. WHITE AND HORNAMAN,
DECEMBER 13, 2007
AS REPORTED FROM COMMITTEE ON LABOR RELATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 18, 2008
AN ACT
1 Amending the act of November 10, 1999 (P.L.491, No.45), entitled <--
2 "An act establishing a uniform construction code; imposing
3 powers and duties on municipalities and the Department of
4 Labor and Industry; providing for enforcement; imposing
5 penalties; and making repeals," further providing for
6 definitions and for adoption by regulations.
7 AMENDING THE ACT OF MAY 11, 1972 (P.L.286, NO.70), ENTITLED "AN <--
8 ACT REGULATING THE SALE OF CERTAIN STRUCTURES MADE,
9 FABRICATED, FORMED OR ASSEMBLED IN MANUFACTURING FACILITIES
10 AND PROVIDING PENALTIES," FURTHER PROVIDING FOR DEFINITIONS
11 AND FOR PROMULGATION OF RULES AND REGULATIONS BY THE
12 DEPARTMENT.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 103 of the act of November 10, 1999 <--
16 (P.L.491, No.45), known as the Pennsylvania Construction Code
17 Act, is amended by adding a definition to read:
18 Section 103. Definitions.
19 The following words and phrases when used in this act shall
20 have the meanings given to them in this section unless the
21 context clearly indicates otherwise:
22 * * *
1 "Industrialized/modular building." A building which is
2 constructed in a manner that conceals parts or processes of
3 manufacture which cannot be inspected at the building site,
4 without disassembly, damage or destruction to the building and
5 which is made or assembled in a manufacturing facility, off the
6 building site, for installation, or assembly and installation on
7 the building site. The term does not include:
8 (1) structures subject to the requirements of the
9 National Manufactured Housing Construction and Safety
10 Standards Act of 1974 (Public Law 93-383, 42 U.S.C. § 5401 et
11 seq.); or
12 (2) industrialized housing, as defined in the act of May
13 11, 1972 (P.L.286, No.70), known as the Industrialized
14 Housing Act.
15 * * *
16 Section 2. Section 301(d) of the act is amended by adding a
17 paragraph to read:
18 Section 301. Adoption by regulations.
19 * * *
20 (d) Scope of regulations.--
21 * * *
22 (4) The department is authorized to promulgate
23 regulations and enter into a multi-state agreement for the
24 purpose of regulating industrialized/modular buildings.
25 Section 3. This act shall take effect in 60 days.
26 SECTION 1. SECTION 3(2) OF THE ACT OF MAY 11, 1972 (P.L.286, <--
27 NO.70), KNOWN AS THE INDUSTRIALIZED HOUSING ACT, IS AMENDED AND
28 THE SECTION IS AMENDED BY ADDING A PARAGRAPH TO READ:
29 SECTION 3. DEFINITIONS.--AS USED IN THIS ACT:
30 * * *
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1 (2) "DEPARTMENT" MEANS THE DEPARTMENT OF COMMUNITY [AFFAIRS]
2 AND ECONOMIC DEVELOPMENT OF THE COMMONWEALTH OF PENNSYLVANIA.
3 * * *
4 (4.1) "INDUSTRIALIZED/COMMERCIAL MODULAR BUILDING" MEANS A
5 STRUCTURE DESIGNED FOR COMMERCIAL OCCUPANCY, AND CLASSIFIED
6 WITHIN NONRESIDENTIAL USE GROUPS IN ACCORDANCE WITH THE
7 STANDARDS ADOPTED UNDER 12 PA. CODE § 145.41 (RELATING TO
8 ADOPTION OF STANDARDS) AND WHICH IS WHOLLY OR IN SUBSTANTIAL
9 PART MADE, CONSTRUCTED, FABRICATED, FORMED OR ASSEMBLED IN
10 MANUFACTURING FACILITIES FOR INSTALLATION OR ASSEMBLY AND
11 INSTALLATION ON THE BUILDING SITE SO THAT CONCEALED PARTS OR
12 PROCESSES OF MANUFACTURE CANNOT BE INSPECTED AT THE SITE WITHOUT
13 DISASSEMBLY, DAMAGE OR DESTRUCTION. THE TERM DOES NOT INCLUDE
14 INDUSTRIALIZED HOUSING AS DEFINED IN 12 PA. CODE § 145.1
15 (RELATING TO DEFINITIONS) OR MANUFACTURED HOME, AS DEFINED IN
16 SECTION 5402(6) OF THE NATIONAL MANUFACTURED HOUSING
17 CONSTRUCTION AND SAFETY STANDARDS ACT OF 1974 (PUBLIC LAW 93-383
18 42 U.S.C. § 5401 ET SEQ.).
19 * * *
20 SECTION 2. SECTION 5 OF THE ACT IS AMENDED BY ADDING A
21 SUBSECTION TO READ:
22 SECTION 5. PROMULGATION OF RULES AND REGULATIONS BY THE
23 DEPARTMENT.--* * *
24 (C) THE DEPARTMENT SHALL PROMULGATE REGULATIONS FOR
25 INDUSTRIALIZED/COMMERCIAL MODULAR BUILDINGS AND IS AUTHORIZED TO
26 ENTER INTO A MULTI-STATE AGREEMENT FOR THE PURPOSE OF REGULATING
27 THE BUILDINGS.
28 SECTION 3. THIS ACT SHALL TAKE EFFECT JULY 1, 2008, OR
29 IMMEDIATELY, WHICHEVER IS LATER.
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