THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY AUMENT AND MILLER, SEPTEMBER 21, 2012

REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, SEPTEMBER 21, 2012  

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 findings and

declarations of policy, for regulations, insignia of

certification required, for promulgation of rules and

regulations by the department and for recognition of

certification of other states or the Federal Government.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

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

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

adding a paragraph to read:

Section 2.  Findings and Declarations of Policy.--It is

hereby determined and declared as a matter of legislative

finding that:

* * *

(8)  To facilitate the construction and installation of

industrialized/commercial modular buildings and

industrialized/commercial building modules for use in this

Commonwealth there is a need for uniform State standards and

procedures for the identification, inspection and assembly and

certification in a similar manner as industrialized housing.

Section 2.  Section 4(j) of the act, added July 6, 2009

(P.L.56, No.13), is amended 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] shall adopt regulations

to administer a certification program as described in this

section to regulate the construction, installation and

inspection of industrialized/commercial modular buildings and

industrialized/commercial building modules. [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.  Sections 5(a) and 6 of the act are amended to

read:

Section 5.  Promulgation of Rules and Regulations by the

Department.--(a)  The department, in consultation with the

Industrialized Housing Advisory Commission shall promulgate

rules and regulations to interpret and make specific the

provisions of this act. Such rules and regulations adopted,

amended, repealed and substituted from time to time pursuant to

this section shall assure the health, safety and welfare of the

people of Pennsylvania by requiring safe and sanitary industrial

housing and industrialized/commercial modular buildings and

industrialized/commercial building modules and shall include

provisions imposing requirements reasonably consistent with

recognized and accepted model codes. The department shall adopt

such other rules and regulations as are necessary to carry out

the provisions of this act. Such rules and regulations shall be

consistent with the act of June 4, 1945 (P.L.1388), known as the

"Administrative Agency Law." No portion of this act or any code,

or rules and regulations adopted, amended, repealed or

substituted as provided herein, which limits the work to be

performed to any type of construction contractor, or labor or

mechanic classification shall be adopted or enforceable by the

department.

* * *

Section 6.  Recognition of Certification of Other States or

the Federal Government.--The department may issue insignia of

certification to industrialized housing [or], housing

components, industrialized/commercial modular buildings and

industrialized/commercial building modules that have been

certified by the United States Department of Housing and Urban

Development or competent authority within other states if the

department finds that such certification is granted on the basis

of standards substantially equivalent to the provisions

promulgated under section 5 of this act.

Section 4.  This act shall take effect in 60 days.