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| PRIOR PRINTER'S NO. 1460 | PRINTER'S NO. 1744 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY McILHINNEY, RAFFERTY, KASUNIC, STACK, ALLOWAY, MENSCH, D. WHITE, FONTANA, YAW, TARTAGLIONE, HUGHES, FOLMER, BROWNE AND FERLO, JUNE 30, 2011 |
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| SENATOR YAW, URBAN AFFAIRS AND HOUSING, AS AMENDED, NOVEMBER 1, 2011 |
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| AN ACT |
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1 | Amending the act of November 29, 2004 (P.L.1282, No.158), |
2 | entitled "An act providing for the regulation of the |
3 | installation of manufactured housing and for the powers and |
4 | duties of the Department of Community and Economic |
5 | Development," expanding the coverage of the act to relocated |
6 | housing. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Section 3 of the act of November 29, 2004 |
10 | (P.L.1282, No.158), known as the Manufactured Housing |
11 | Improvement Act, is amended by adding a definition to read: |
12 | Section 3. Definitions. |
13 | The following words and phrases when used in this act shall |
14 | have the meanings given to them in this section unless the |
15 | context clearly indicates otherwise: |
16 | * * * |
17 | "Relocated manufactured home." A manufactured home which has |
18 | been transported to a site other than its original installation |
19 | site. |
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1 | * * * |
2 | Section 2. Sections 5 and 6 of the act are amended to read: |
3 | Section 5. Departmental duties. |
4 | (a) Invitation for comments.--The department shall invite |
5 | comments from entities involved in the manufactured housing |
6 | industry, owners of new manufactured homes and third-party |
7 | agencies concerning the promulgation of regulations governing |
8 | the installation of new manufactured homes and relocated |
9 | manufactured homes and the training and certification of new |
10 | manufactured home installers. |
11 | (b) Regulations.--The department shall promulgate |
12 | regulations governing: |
13 | (1) The training and certification of [new] manufactured |
14 | home installers. |
15 | (2) The training of those persons who inspect the |
16 | installation of [new] manufactured homes in this |
17 | Commonwealth. |
18 | (3) The issuance of a warning, suspension, revocation or |
19 | monetary fine against persons who violate the regulations of |
20 | the department promulgated under this act. |
21 | (4) Procedures to assess compliance with the |
22 | manufactured home construction and safety standard to which a |
23 | home was originally designed and constructed, as well as an |
24 | installation standard for relocated manufactured homes. |
25 | Relocated manufactured homes meeting this criteria shall be |
26 | deemed to comply with the act of November 10, 1999 (P.L.491, |
27 | No.45), known as the Pennsylvania Construction Code Act. Any |
28 | activities or processes not addressed shall comply with |
29 | Chapter 3 of the Pennsylvania Construction Code Act as |
30 | applicable. The procedures and installation standard shall: |
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1 | (i) Establish minimum requirements for fire safety |
2 | including emergency escape and smoke alarms, exterior |
3 | coverings, structural integrity for the floor, walls, |
4 | ceilings and roof or any other element or design | <-- |
5 | specification that renders a manufactured house unsafe, |
6 | unfit or unsanitary. The installation standard shall |
7 | establish prescriptive guidelines for support, anchoring |
8 | and assembly. |
9 | (ii) Provide an alternative when the manufacturer's |
10 | original installation instructions are no longer |
11 | available or practical. |
12 | (iii) Establish criteria to evaluate the suitability |
13 | of existing foundation in land lease communities which |
14 | may be utilized in the installation of relocated |
15 | manufactured homes. |
16 | (iv) Establish a shallow depth frost protected |
17 | foundation system which may be utilized in a land lease |
18 | community. |
19 | (c) Fees.--The department shall determine and approve |
20 | reasonable fees for educational programs, testing and |
21 | certification of those persons certified to install and inspect |
22 | the installation of [new] manufactured homes in this |
23 | Commonwealth. |
24 | Section 6. Inspection of installation of [new] manufactured |
25 | homes. |
26 | (a) Permits.--Permits are required under the Uniform |
27 | Construction Code for the installation and occupancy of |
28 | manufactured housing and relocated manufactured homes. A permit |
29 | for occupancy of a relocated manufactured home may not be issued |
30 | unless the relocated manufactured home meets all requirements |
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1 | under section 5(b)(4) and the installer certifies the |
2 | installation. |
3 | (b) Installation.--A [new] manufactured home shall be |
4 | installed in conformity with the manufacturer's approved design |
5 | applicable to the particular home. Construction activities or |
6 | processes not addressed by the manufacturer's approved design |
7 | shall comply with the Uniform Construction Code requirement |
8 | relating to those activities or processes. |
9 | (c) Availability of instructions.--The manufacturer's |
10 | approved design shall be kept at the site of the home and |
11 | accessible to the building code official and shall remain with |
12 | the home for possession by the purchaser. |
13 | (d) Rejection prohibited.--Building code officials cannot |
14 | reject a manufacturer's approved design. |
15 | (e) Certification of installer.--The installer shall certify | <-- |
16 | (e) Certification of installer.-- | <-- |
17 | (1) The installer shall certify to the department and |
18 | the building code official that the [new] manufactured home |
19 | has been installed in accordance with the manufacturer's |
20 | approved design and complies with all applicable standards, |
21 | including the Uniform Construction Code, for activities and |
22 | processes not covered by the Manufactured Home Construction |
23 | and Safety Standards. |
24 | (2) Paragraph (1) shall not apply to a relocated | <-- |
25 | manufactured home. |
26 | (f) Governance.--All of the following activities are |
27 | governed under the Uniform Construction Code and may not be |
28 | governed by the manufacturer's approved design: |
29 | (1) Alterations or repairs to a manufactured home that |
30 | do not fall within the manufactured home construction and |
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1 | safety standards and the manufacturer's installation |
2 | instructions after assembly and shipment by the manufacturer. |
3 | (2) Additions to a manufactured home after delivery to |
4 | the site. |
5 | (3) Construction, alteration, repair or change of |
6 | occupancy if a manufactured home is resold to a subsequent |
7 | purchaser. |
8 | (4) Construction, alteration, repair or change of |
9 | occupancy if the original purchaser relocates the |
10 | manufactured home. |
11 | (5) Utility connections. |
12 | (6) Grading. |
13 | Section 3. This act shall take effect in 60 days. |
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