THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY McILHINNEY, RAFFERTY, KASUNIC, STACK, ALLOWAY, MENSCH, D. WHITE, FONTANA, YAW, TARTAGLIONE, HUGHES, FOLMER AND BROWNE, JUNE 30, 2011

REFERRED TO URBAN AFFAIRS AND HOUSING, JUNE 30, 2011  

AN ACT

Amending the act of November 29, 2004 (P.L.1282, No.158),

entitled "An act providing for the regulation of the

installation of manufactured housing and for the powers and

duties of the Department of Community and Economic

Development," expanding the coverage of the act to relocated

housing.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 3 of the act of November 29, 2004

(P.L.1282, No.158), known as the Manufactured Housing

Improvement Act, is amended by adding a definition to read:

Section 3.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Relocated manufactured home."  A manufactured home which has

been transported to a site other than its original installation

site.

* * *

Section 2.  Sections 5 and 6 of the act are amended to read:

Section 5.  Departmental duties.

(a)  Invitation for comments.--The department shall invite

comments from entities involved in the manufactured housing

industry, owners of new manufactured homes and third-party

agencies concerning the promulgation of regulations governing

the installation of new manufactured homes and relocated

manufactured homes and the training and certification of new

manufactured home installers.

(b)  Regulations.--The department shall promulgate

regulations governing:

(1)  The training and certification of [new] manufactured

home installers.

(2)  The training of those persons who inspect the

installation of [new] manufactured homes in this

Commonwealth.

(3)  The issuance of a warning, suspension, revocation or

monetary fine against persons who violate the regulations of

the department promulgated under this act.

(4)  Procedures to assess compliance with the

manufactured home construction and safety standard to which a

home was originally designed and constructed, as well as an

installation standard for relocated manufactured homes.

Relocated manufactured homes meeting this criteria shall be

deemed to comply with the act of November 10, 1999 (P.L.491,

No.45), known as the Pennsylvania Construction Code Act. Any

activities or processes not addressed shall comply with

Chapter 3 of the Pennsylvania Construction Code Act as

applicable. The procedures and installation standard shall:

(i)  Establish minimum requirements for fire safety

including emergency escape and smoke alarms, exterior

coverings, structural integrity for the floor, walls,

ceilings and roof or any other element that renders a

manufactured house unsafe, unfit or unsanitary. The

installation standard shall establish prescriptive

guidelines for support, anchoring and assembly.

(ii)  Provide an alternative when the manufacturer's

original installation instructions are no longer

available or practical.

(iii)  Establish criteria to evaluate the suitability

of existing foundation in land lease communities which

may be utilized in the installation of relocated

manufactured homes.

(iv)  Establish a shallow depth frost protected

foundation system which may be utilized in a land lease

community.

(c)  Fees.--The department shall determine and approve

reasonable fees for educational programs, testing and

certification of those persons certified to install and inspect

the installation of [new] manufactured homes in this

Commonwealth.

Section 6.  Inspection of installation of [new] manufactured

homes.

(a)  Permits.--Permits are required under the Uniform

Construction Code for the installation and occupancy of

manufactured housing and relocated manufactured homes. A permit

for occupancy of a relocated manufactured home may not be issued

unless the relocated manufactured home meets all requirements 

under section 5(b)(4) and the installer certifies the

installation.

(b)  Installation.--A [new] manufactured home shall be

installed in conformity with the manufacturer's approved design

applicable to the particular home. Construction activities or

processes not addressed by the manufacturer's approved design

shall comply with the Uniform Construction Code requirement

relating to those activities or processes.

(c)  Availability of instructions.--The manufacturer's

approved design shall be kept at the site of the home and

accessible to the building code official and shall remain with

the home for possession by the purchaser.

(d)  Rejection prohibited.--Building code officials cannot

reject a manufacturer's approved design.

(e)  Certification of installer.--The installer shall certify

to the department and the building code official that the [new] 

manufactured home has been installed in accordance with the

manufacturer's approved design and complies with all applicable

standards, including the Uniform Construction Code, for

activities and processes not covered by the Manufactured Home

Construction and Safety Standards.

(f)  Governance.--All of the following activities are

governed under the Uniform Construction Code and may not be

governed by the manufacturer's approved design:

(1)  Alterations or repairs to a manufactured home that

do not fall within the manufactured home construction and

safety standards and the manufacturer's installation

instructions after assembly and shipment by the manufacturer.

(2)  Additions to a manufactured home after delivery to

the site.

(3)  Construction, alteration, repair or change of

occupancy if a manufactured home is resold to a subsequent

purchaser.

(4)  Construction, alteration, repair or change of

occupancy if the original purchaser relocates the

manufactured home.

(5)  Utility connections.

(6)  Grading.

Section 3.  This act shall take effect in 60 days.