PRIOR PRINTER'S NOS. 1058, 1528, 1609 PRINTER'S NO. 1945
No. 962 Session of 1997
INTRODUCED BY GERLACH, KUKOVICH, HART AND BRIGHTBILL,
MAY 5, 1997
AS AMENDED ON THIRD CONSIDERATION, APRIL 27, 1998
AN ACT
1 Amending the act of November 17, 1982 (P.L.676, No.192),
2 entitled "An act establishing standards for the body and
3 frame design and construction and the installation of
4 plumbing, heating and electrical systems for manufactured
5 homes; defining terms; requiring manufactured homes to bear a
6 label issued by the United States Department of Housing and
7 Urban Development; providing for the administration of the
8 act; providing for enforcement and penalties; and making a
9 repeal," adding definitions; FURTHER PROVIDING FOR <--
10 MANUFACTURED HOME STANDARDS; providing for installation of
11 manufactured homes; establishing additional fees; and <--
12 establishing the Industrialized Housing Account; AND FURTHER <--
13 PROVIDING FOR LABELING REQUIREMENT AND FOR ADMINISTRATION OF
14 ACT.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. The definition of "department" DEFINITIONS OF <--
18 "DEPARTMENT" AND "PERSON" in section 2 of the act of November
19 17, 1982 (P.L.676, No.192), known as the Manufactured Housing
20 Construction and Safety Standards Authorization Act, is ARE <--
21 amended and the section is amended by adding definitions to
22 read:
23 Section 2. Definitions.
1 The following words and phrases when used in this act shall
2 have, unless the context clearly indicates otherwise, the
3 meanings given to them in this section:
4 "Certified installer" or "installer." "CERTIFIED INSTALLER." <--
5 A manufacturer, dealer or third person certified under section
6 3.1 to engage in the installation of manufactured homes on site.
7 * * *
8 "Department." The Department of Community [Affairs] and
9 Economic Development of the Commonwealth of Pennsylvania.
10 * * *
11 "Installation." The assembly of manufactured homes on site
12 and the process of affixing manufactured homes to land, a
13 foundation, footings, utilities or an existing building. The
14 term includes the process of affixing manufactured home
15 components to or within the housing structure for which they are
16 designed.
17 * * * <--
18 "INSTALLER." A MANUFACTURER, DEALER OR OTHER PERSON ENGAGED <--
19 IN THE INSTALLATION OF MANUFACTURED HOMES ON SITE, REGARDLESS OF
20 WHETHER CERTIFIED UNDER SECTION 3.1.
21 * * *
22 "PERSON." AN INDIVIDUAL, PARTNERSHIP, COMPANY, LIMITED
23 LIABILITY COMPANY, CORPORATION [OR ASSOCIATION ENGAGED IN
24 MANUFACTURING OR SELLING MANUFACTURED HOMES.], ASSOCIATION OR
25 OTHER ENTITY ENGAGED IN MANUFACTURING, SELLING OR INSTALLATION
26 OF MANUFACTURED HOMES.
27 SECTION 2. SECTION 3 OF THE ACT IS AMENDED TO READ:
28 SECTION 3. ESTABLISHMENT OF MANUFACTURED HOME STANDARDS.
29 (A) ALL MANUFACTURED HOMES MANUFACTURED [AND], SOLD OR
30 OFFERED FOR SALE OR INSTALLED IN THIS COMMONWEALTH, OR
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1 MANUFACTURED IN THIS COMMONWEALTH AND SOLD OR OFFERED FOR SALE
2 OUTSIDE OF THE COMMONWEALTH, SHALL MEET THE MANUFACTURED HOME
3 CONSTRUCTION AND SAFETY STANDARDS ADOPTED BY THE UNITED STATES
4 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PURSUANT TO THE
5 NATIONAL MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS ACT
6 OF 1974, AS AMENDED. IN ADDITION, THE MANUFACTURED HOMES SHALL
7 COMPLY WITH ANY ADDITIONAL STANDARDS DETERMINED BY THE
8 DEPARTMENT TO BE NECESSARY TO REDUCE PERSONAL INJURIES AND
9 DEATHS, TO REDUCE INSURANCE COSTS AND PROPERTY DAMAGE RESULTING
10 FROM ACCIDENTS OR TO IMPROVE THE QUALITY AND DURABILITY OF
11 MANUFACTURED HOMES WHEN NO CONSTRUCTION OR SAFETY STANDARD HAS
12 BEEN ESTABLISHED BY THE UNITED STATES DEPARTMENT OF HOUSING AND
13 URBAN DEVELOPMENT TO DEAL WITH A CONSTRUCTION OR SAFETY ISSUE
14 IDENTIFIED BY THE DEPARTMENT.
15 (B) THE DEPARTMENT MAY ADOPT REGULATIONS NECESSARY TO CARRY
16 OUT THE PROVISIONS OF THIS ACT. IF THE MANUFACTURED HOME
17 CONSTRUCTION AND SAFETY STANDARDS ADOPTED BY THE UNITED STATES
18 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, OR ANY SECTION,
19 PART OR PROVISIONS THEREOF, IS CHANGED, ALTERED OR AMENDED, THE
20 DEPARTMENT MAY ADOPT REGULATIONS WHICH ARE REASONABLY CONSISTENT
21 WITH OR IDENTICAL TO THE STANDARDS, AS CHANGED, ALTERED OR
22 AMENDED.
23 (C) THE DEPARTMENT SHALL HOLD HEARINGS ON THE REGULATIONS
24 PROPOSED TO BE ADOPTED, AMENDED OR REPEALED IN ACCORDANCE WITH
25 THE PROVISIONS OF AND NO REGULATION SHALL BE EFFECTIVE UNLESS
26 ADOPTED PURSUANT TO THE ACT OF JULY 31, 1968 (P.L.769, NO.240),
27 REFERRED TO AS THE COMMONWEALTH DOCUMENTS LAW.
28 Section 2 3. The act is amended by adding sections A SECTION <--
29 to read:
30 Section 3.1. Installation of manufactured homes.
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1 (a) The department shall present a certificate to install
2 manufactured housing onsite to any individual who presents
3 evidence satisfactory to the department that the individual has
4 attended and satisfactorily completed a manufactured housing
5 installation course of study approved by the department at which
6 instruction has been given concerning soil density and ability
7 to determine soil density, an understanding of installation
8 instructions and the principals of weight distribution of
9 manufactured home to foundation. To satisfy these requirements,
10 a course of study shall include classroom instruction, field
11 directions for installation and a written test. The department
12 shall promulgate regulations to require each CERTIFIED installer <--
13 to participate in continuing education programs and to
14 demonstrate continued competency and compliance with this act in
15 order to remain certified.
16 (b) Notwithstanding any other statute, regulation or
17 ordinance, a manufactured home shall be installed by an A <--
18 CERTIFIED installer in accordance with one or more of the
19 following:
20 (1) The manufacturer's recommended installation
21 requirements as set forth in 24 CFR 3280 (relating to
22 manufactured home construction and safety standards).
23 (2) Manufactured home installations approved by the
24 American National Standards Institute as ANSI A225.1-1994.
25 (3) The manufacturer's setup specifications for that
26 type of home, model and location.
27 (4) Plans sealed by a registered professional engineer
28 or subrules PLANS established by the department, if: <--
29 (i) the design is engineered specifically for the
30 manufactured home; and
19970S0962B1945 - 4 -
1 (ii) the designer used criteria specified in
2 paragraphs (1), (2) and (3).
3 (c) Nothing in this act shall prevent a homeowner from
4 installing a manufactured home on real property owned by the
5 homeowner for occupancy by the homeowner, without a certified
6 installer, provided that the homeowner shall assume all
7 liability for the installation and there shall be no liability
8 on the part of the dealer, manufacturer or any third party
9 relating to the installation. The certificate of installation
10 required by this act shall bear a notation that the homeowner
11 performed the installation without a certified installer.
12 (d) The homeowner shall be provided, prior to occupancy,
13 with a notarized certificate of installation from the installer
14 or, in the case of a new home, from the manufactured housing
15 dealer if the dealer arranged for the installation, which shall
16 state that the home was set up by the installer according to the
17 manufacturer's specifications for that home. The department
18 shall prepare and promulgate the certificate of installation to
19 be used by installers and manufactured housing dealers.
20 (e) Should any damage occur to the home in the future as a
21 result of improper initial installation or setup:
22 (1) If the dealer has arranged for installation, the
23 dealer and the installer shall be jointly and severally
24 liable for the cost of repairs resulting from the damage as
25 long as it remains on the site where the home was originally
26 installed for a period of no more than five years from the
27 date of the completion of the installation as set forth on
28 the certificate of installation.
29 (2) If the dealer has not arranged for installation, the
30 installer shall be liable for the cost of repairs resulting
19970S0962B1945 - 5 -
1 from the damage as long as it remains on the site where the
2 home was originally installed.
3 (3) If the home is transported or moved from the site
4 where the home was originally installed, all liability under
5 this subsection shall cease.
6 (4) This subsection shall not remove:
7 (i) the responsibility of an installer who
8 subsequently sets up the home at another location from
9 the original site of installation to install and set up
10 the home at the new site according to the manufacturer's
11 original setup specifications for that type of home,
12 model and location; or <--
13 (ii) the liability of an installer under
14 subparagraph (i) for repairs and replacement costs
15 resulting from improper installation or setup of the
16 home; OR <--
17 (III) ANY RESPONSIBILITY OR LIABILITY ARISING UNDER
18 FEDERAL LAW.
19 (f) The certificate of installation promulgated under
20 subsection (a), when completed, will SHALL certify that the <--
21 installation has been accomplished under this act. THE CERTIFIED <--
22 INSTALLER SHALL RETAIN A COPY OF THE CERTIFICATE. Within ten
23 days of the completion of the installation the following <--
24 requirements shall be met: COPIES SHALL BE SUBMITTED: <--
25 (1) A copy of the form shall be submitted to the <--
26 department.
27 (2) A copy shall be submitted to the manufacturer.
28 (3) A copy shall be submitted to the manufactured
29 housing dealer.
30 (4) A copy shall be provided to the manufactured housing
19970S0962B1945 - 6 -
1 owner.
2 (5) A copy shall be retained in the file of the
3 certified installer.
4 (1) TO THE DEPARTMENT. <--
5 (2) TO THE MANUFACTURER.
6 (3) TO THE MANUFACTURED HOUSING DEALER.
7 (4) TO THE MANUFACTURED HOUSING OWNER.
8 (g) At least one member of any installation or setup crew
9 involved in the installation of the manufactured home is
10 required to be certified under subsection (a).
11 (h) The department shall establish a filing fee in the
12 amount of $20 for each form certifying proper installation. The
13 department shall establish a certification fee of $100 per year
14 for each certified installer.
15 (i) The department is authorized to conduct inspections of
16 manufactured housing installations to ensure compliance with
17 this act.
18 (j) Upon inspection and investigation, the department shall <--
19 have the authority to MAY suspend the certificate of any <--
20 CERTIFIED installer if, based on good cause shown, the <--
21 department is satisfied that installation and setup done under
22 the direction and control of the licensed installer is not
23 performed in accordance with IF THE DEPARTMENT DETERMINES THAT <--
24 INSTALLATION AND SETUP WERE PERFORMED IN VIOLATION OF subsection
25 (b).
26 (k) The requirements of this section shall apply to all
27 manufactured homes regardless of the date of manufacture.
28 SECTION 4. SECTIONS 5 AND 7 OF THE ACT ARE AMENDED TO READ: <--
29 SECTION 5. LABEL REQUIRED; VIOLATIONS.
30 (A) FOLLOWING THE EFFECTIVE DATE OF THIS ACT, NO PERSON MAY
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1 SELL [OR], OFFER FOR SALE OR INSTALL IN THIS COMMONWEALTH OR
2 MANUFACTURE WITHIN THIS COMMONWEALTH AND SELL OR OFFER FOR SALE
3 OUTSIDE THIS COMMONWEALTH ANY MANUFACTURED HOME UNLESS IT BEARS
4 A LABEL CERTIFYING THAT SUCH MANUFACTURED HOME MEETS OR EXCEEDS
5 THE MANUFACTURED HOME STANDARDS AND DEPARTMENT REGULATIONS
6 ESTABLISHED BY THIS ACT. SUCH LABEL SHALL BE DISPLAYED IN THE
7 MANNER PRESCRIBED BY THE UNITED STATES DEPARTMENT OF HOUSING AND
8 URBAN DEVELOPMENT.
9 (B) NO PERSON MAY AFFIX A LABEL TO ANY MANUFACTURED HOME
10 WHICH DOES NOT MEET OR EXCEED THE REQUIREMENTS OF THE
11 MANUFACTURED HOME STANDARDS AND DEPARTMENT REGULATIONS
12 ESTABLISHED BY THIS ACT.
13 SECTION 7. ADMINISTRATION OF ACT.
14 (A) THE DEPARTMENT IS CHARGED WITH THE ADMINISTRATION OF
15 THIS ACT. IT SHALL HAVE THE POWER TO ADOPT, AMEND AND REPEAL THE
16 REGULATIONS REFERRED TO IN SECTION 3. THE DEPARTMENT IS
17 AUTHORIZED TO ENTER INTO INTERDEPARTMENTAL AGREEMENTS FOR THE
18 PURPOSES OF ADMINISTRATION OF THIS ACT. THE DEPARTMENT MAY ENTER
19 INTO AGREEMENTS WITH THE UNITED STATES DEPARTMENT OF HOUSING AND
20 URBAN DEVELOPMENT TO ASSUME RESPONSIBILITY FOR ENFORCEMENT OF
21 THE MANUFACTURED HOME STANDARDS AND MAY JOIN WITH OTHER STATES
22 OR PUBLIC OR PRIVATE AGENCIES FOR SUCH PURPOSES.
23 (B) ANY AUTHORIZED REPRESENTATIVE OR EMPLOYEE OF THE
24 DEPARTMENT, AT REASONABLE TIMES, MAY ENTER ANY FACTORY,
25 WAREHOUSE OR ESTABLISHMENT IN THE COMMONWEALTH IN WHICH
26 MANUFACTURED HOMES ARE MANUFACTURED, STORED OR HELD FOR SALE,
27 FOR THE PURPOSE OF ASCERTAINING WHETHER THE REQUIREMENTS OF THIS
28 ACT AND THE REGULATIONS OF THE DEPARTMENT HAVE BEEN AND ARE
29 BEING MET.
30 (C) NO PERSON MAY INTERFERE, OBSTRUCT OR HINDER AN
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1 AUTHORIZED REPRESENTATIVE OF THE DEPARTMENT IN THE PERFORMANCE
2 OF HIS DUTIES AS SET FORTH IN THE PROVISIONS OF THIS ACT.
3 (D) EACH MANUFACTURER, DISTRIBUTOR [AND], DEALER AND
4 INSTALLER OF MANUFACTURED HOMES SHALL ESTABLISH AND MAINTAIN
5 SUCH RECORDS, MAKE SUCH REPORTS AND PROVIDE SUCH INFORMATION AS
6 THE DEPARTMENT OR THE UNITED STATES DEPARTMENT OF HOUSING AND
7 URBAN DEVELOPMENT MAY REASONABLY REQUIRE TO BE ABLE TO DETERMINE
8 WHETHER SUCH MANUFACTURER, DISTRIBUTOR [OR], DEALER OR INSTALLER
9 HAS ACTED AND IS ACTING IN COMPLIANCE WITH THIS ACT AND THE
10 DEPARTMENT REGULATIONS. UPON REQUEST OF A PERSON DULY DESIGNATED
11 BY THE DEPARTMENT, EACH MANUFACTURER, DISTRIBUTOR [OR], DEALER
12 OR INSTALLER OF MANUFACTURED HOMES SHALL PERMIT SUCH PERSON TO
13 INSPECT APPROPRIATE BOOKS, PAPERS, RECORDS AND DOCUMENTS
14 RELATIVE TO DETERMINING WHETHER SUCH MANUFACTURER, DISTRIBUTOR
15 [OR], DEALER OR INSTALLER HAS ACTED AND IS ACTING IN COMPLIANCE
16 WITH THIS ACT AND THE DEPARTMENT REGULATIONS.
17 SECTION 5. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
18 Section 9.1. Industrialized Housing Account.
19 All fees and civil penalties collected under this act shall
20 be deposited in the Industrialized Housing Account established
21 in the act of May 11, 1972 (P.L.286, No.70), known as the
22 "Industrialized Housing Act." The department shall draw from the
23 account sufficient funds to cover the administrative and
24 enforcement costs of operating the program. Such funds are
25 hereby appropriated to the department to carry out the purposes
26 of this act.
27 Section 3 6. This act shall take effect in 180 days. <--
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