THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY WAUGH, STOUT, FERLO, GORDNER, O'PAKE AND PILEGGI, FEBRUARY 2, 2009

REFERRED TO LABOR AND INDUSTRY, FEBRUARY 2, 2009  

AN ACT

Amending the act of May 11, 1972 (P.L.286, No.70), entitled "An

act regulating the sale of certain structures made,

fabricated, formed or assembled in manufacturing facilities

and providing penalties," further providing for definitions

and for regulations, insignia of certification required.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 3(2) of the act of May 11, 1972 (P.L.286,

No.70), known as the Industrialized Housing Act, is amended and

the section is amended by adding paragraphs to read:

Section 3.  Definitions.--As used in this act:

* * *

(2)  "Department" means the Department of Community [Affairs] 

and Economic Development of the Commonwealth of Pennsylvania.

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(4.1)  "Industrialized/commercial modular building" means a

structure designed for commercial occupancy, and classified

within nonresidential use groups in accordance with the

standards adopted under 12 Pa. Code § 145.41 (relating to

adoption of standards) and which is wholly or in substantial

part made, constructed, fabricated, formed or assembled in

manufacturing facilities for installation or assembly and

installation on the building site so that concealed parts or

processes of manufacture cannot be inspected at the site without

disassembly, damage or destruction. The term does not include

industrialized housing as defined in 12 Pa. Code § 145.1

(relating to definitions) or manufactured home, as defined in

section 5402(6) of the National Manufactured Housing

Construction and Safety Standards Act of 1974 (Public Law 93-383

42 U.S.C. § 5401 et seq.).

(4.2)  "Industrialized/commercial building module" means a

closed wall structure or substantial part of a closed wall

structure incorporating one or more rooms used as habitable,

occupiable or mechanical/equipment space, which is fabricated in

a manufacturing facility to be separately transported to the

building site that cannot be inspected at the site without

disassembly. This term also includes industrialized/commercial

building components that are subsystems or assemblies, or other

systems of closed construction designed for use in or as a part

of an industrialized commercial building.

* * *

Section 2.  Section 4 of the act is amended by adding a

subsection to read:

Section 4.  Regulations, Insignia of Certification

Required.--* * *

(j)  The department is authorized to enter into a multistate

agreement for the purpose of regulating the construction of

components of industrialized/commercial modular buildings. The

department shall adopt regulations to administer the program.

Modules of industrialized/commercial modular buildings that are

certified under the program established pursuant to this

subsection shall be deemed to meet the requirements of the act

of November 10, 1999 (P.L.491, No.45), known as the

"Pennsylvania Construction Code Act."

Section 3.  This act shall take effect immediately.