Bill Text: PA HB2628 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2012-11-14 - Laid on the table [HB2628 Detail]

Download: Pennsylvania-2011-HB2628-Amended.html

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PRIOR PRINTER'S NO. 4027 PRINTER'S NO. 4057
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2628 Session of2012
INTRODUCED BY AUMENT AND MILLER, SEPTEMBER 21, 2012
AS REPORTED FROM COMMITTEE ON LABOR AND INDUSTRY, HOUSE OF REPRESENTATIVES, AS AMENDED, SEPTEMBER 24, 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 standards and <--
inspection of industrialized/commercial modular buildings
shipped from the factory and industrialized/commercial building <--
modules shipped from the factory. [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
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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.
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