1Amending the act of May 11, 1972 (P.L.286, No.70), entitled "An
2act regulating the sale of certain structures made,
3fabricated, formed or assembled in manufacturing facilities
4and providing penalties," further providing for findings and
5declarations of policy, for regulations, insignia of
6certification required, for promulgation of rules and
7regulations by the department and for recognition of 
8certification of other states or the Federal Government.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

11Section 1. Section 2 of the act of May 11, 1972 (P.L.286,
12No.70), known as the Industrialized Housing Act, is amended by
13adding a paragraph to read:

14Section 2. Findings and Declarations of Policy.--It is 
15hereby determined and declared as a matter of legislative 
16finding that:

17* * *

18(8) To facilitate the construction and installation of
19industrialized/commercial modular buildings and

1industrialized/commercial building modules for use in this
2Commonwealth there is a need for uniform State standards and
3procedures for the identification, inspection and assembly and
4certification in a similar manner as industrialized housing.

5Section 2. Section 4(j) of the act, added July 6, 2009 
6(P.L.56, No.13), is amended to read:

7Section 4. Regulations, Insignia of Certification
8Required.--* * *

<-9(j) The department [is authorized to enter into a multistate
10agreement for the purpose of regulating] shall adopt regulations
11to administer a certification program as described in this
12section to regulate the construction, installation standards and
13inspection of industrialized/commercial modular buildings
14shipped from the factory and industrialized/commercial building
15modules shipped from the factory. [The department shall adopt
16regulations to administer the program.] Modules of
17industrialized/commercial modular buildings that are certified
18under the program established pursuant to this subsection shall
19be deemed to meet the requirements of the act of November 10,
201999 (P.L.491, No.45), known as the "Pennsylvania Construction
21Code Act."

<-22(j) The department [is authorized to enter into a multistate 
23agreement for the purpose of regulating] shall adopt regulations 
24that are consistent with the requirements of the act of November 
2510, 1999 (P.L.491, No.45), known as the "Pennsylvania 
26Construction Code Act," to administer a certification program as 
27described in this section to regulate the construction, 
28installation standards and inspection of 
29industrialized/commercial modular buildings shipped from the 
30factory and industrialized/commercial building modules shipped 

1from the factory. [The department shall adopt regulations to 
2administer the program.] Modules of industrialized/commercial 
3modular buildings that are certified under the program 
4established pursuant to this subsection shall be deemed to meet 
5the requirements of the [act of November 10, 1999 (P.L.491, 
6No.45), known as the] "Pennsylvania Construction Code Act."

7Section 3. Sections 5(a) and 6 of the act are amended to
8read:

9Section 5. Promulgation of Rules and Regulations by the
10Department.--(a) The department, in consultation with the
11Industrialized Housing Advisory Commission shall promulgate
12rules and regulations to interpret and make specific the
13provisions of this act. Such rules and regulations adopted,
14amended, repealed and substituted from time to time pursuant to
15this section shall assure the health, safety and welfare of the
16people of Pennsylvania by requiring safe and sanitary industrial
17housing and industrialized/commercial modular buildings and 
18industrialized/commercial building modules and shall include
19provisions [imposing requirements reasonably<-] consistent with 
<-20the requirements adopted under the "Pennsylvania Construction 
21Code Act" and other recognized and accepted model codes. The
22department shall adopt such other rules and regulations as are
23necessary to carry out the provisions of this act. Such rules
24and regulations shall be consistent with the act of [June 4,
251945 (P.L.1388), known as the "Administrative Agency Law."] July 
2631, 1968 (P.L.769, No.240), referred to as the Commonwealth 
27Documents Law. No portion of this act or any code, or rules and
28regulations adopted, amended, repealed or substituted as
29provided herein, which limits the work to be performed to any
30type of construction contractor, or labor or mechanic

1classification shall be adopted or enforceable by the
2department.

3* * *

4Section 6. Recognition of Certification of Other States or 
5the Federal Government.--The department may issue insignia of 
6certification to industrialized housing [or], housing 
7components, industrialized/commercial modular buildings and 
8industrialized/commercial building modules that have been 
9certified by the United States Department of Housing and Urban 
10Development or competent authority within other states if the 
11department finds that such certification is granted on the basis 
12of standards substantially equivalent to the provisions 
13promulgated under section 5 of this act.

14Section 4. This act shall take effect immediately.