HOUSE AMENDED
PRIOR PRINTER'S NOS. 1058, 1528, 1609, PRINTER'S NO. 2292
1945
No. 962 Session of 1997
INTRODUCED BY GERLACH, KUKOVICH, HART AND BRIGHTBILL,
MAY 5, 1997
AS REPORTED FROM COMMITTEE ON CONSUMER AFFAIRS, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 17, 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;
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 definitions of "department" and "person" in
18 section 2 of the act of November 17, 1982 (P.L.676, No.192),
19 known as the Manufactured Housing Construction and Safety
20 Standards Authorization Act, are amended and the section is
21 amended by adding definitions to read:
22 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." A manufacturer, dealer or third
5 person certified under section 3.1 to engage in the installation
6 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 "Installer." A manufacturer, dealer or other person engaged
18 in the installation of manufactured homes on site, regardless of
19 whether certified under section 3.1.
20 * * *
21 "Person." An individual, partnership, company, limited
22 liability company, corporation [or association engaged in
23 manufacturing or selling manufactured homes.], association or
24 other entity engaged in manufacturing, selling or installation
25 of manufactured homes.
26 Section 2. Section 3 of the act is amended to read:
27 Section 3. Establishment of manufactured home standards.
28 (a) All manufactured homes manufactured [and], sold or
29 offered for sale or installed in this Commonwealth, or
30 manufactured in this Commonwealth and sold or offered for sale
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1 outside of the Commonwealth, shall meet the manufactured home
2 construction and safety standards adopted by the United States
3 Department of Housing and Urban Development pursuant to the
4 National Manufactured Home Construction and Safety Standards Act
5 of 1974, as amended. In addition, the manufactured homes shall
6 comply with any additional standards determined by the
7 department to be necessary to reduce personal injuries and
8 deaths, to reduce insurance costs and property damage resulting
9 from accidents or to improve the quality and durability of
10 manufactured homes when no construction or safety standard has
11 been established by the United States Department of Housing and
12 Urban Development to deal with a construction or safety issue
13 identified by the department.
14 (b) The department may adopt regulations necessary to carry
15 out the provisions of this act. If the manufactured home
16 construction and safety standards adopted by the United States
17 Department of Housing and Urban Development, or any section,
18 part or provisions thereof, is changed, altered or amended, the
19 department may adopt regulations which are reasonably consistent
20 with or identical to the standards, as changed, altered or
21 amended.
22 (c) The department shall hold hearings on the regulations
23 proposed to be adopted, amended or repealed in accordance with
24 the provisions of and no regulation shall be effective unless
25 adopted pursuant to the act of July 31, 1968 (P.L.769, No.240),
26 referred to as the Commonwealth Documents Law.
27 Section 3. The act is amended by adding a section to read:
28 Section 3.1. Installation of manufactured homes.
29 (a) The department shall present a certificate to install
30 manufactured housing onsite to any individual who presents
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1 evidence satisfactory to the department that the individual has
2 attended and satisfactorily completed a manufactured housing
3 installation course of study approved by the department at which
4 instruction has been given concerning soil density and ability
5 to determine soil density, an understanding of installation
6 instructions and the principals PRINCIPLES of weight <--
7 distribution of manufactured home to foundation. To satisfy
8 these requirements, a course of study shall include classroom
9 instruction, field directions for installation and a written
10 test. The department shall promulgate regulations to require
11 each certified installer to participate in continuing education
12 programs and to demonstrate continued competency and compliance
13 with this act in order to remain certified.
14 (b) Notwithstanding any other statute, regulation or
15 ordinance, a NO manufactured home shall be installed EXCEPT by a <--
16 certified installer in accordance with one or more of the
17 following:
18 (1) The manufacturer's recommended installation
19 requirements as set forth in 24 CFR 3280 (relating to
20 manufactured home construction and safety standards).
21 (2) Manufactured home installations approved by the
22 American National Standards Institute as ANSI A225.1-1994.
23 (3) The manufacturer's setup specifications for that
24 type of home, model and location.
25 (4) Plans sealed by a registered professional engineer
26 or plans established by the department, if:
27 (i) the design is engineered specifically for the
28 manufactured home; and
29 (ii) the designer used criteria specified in
30 paragraphs (1), (2) and (3).
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1 (c) Nothing in this act shall prevent a homeowner from
2 installing a manufactured home on real property owned by the
3 homeowner for occupancy by the homeowner, without a certified
4 installer, provided that the homeowner shall assume all
5 liability for the installation and there shall be no liability
6 on the part of the dealer, manufacturer or any third party
7 relating to the installation. The certificate of installation
8 required by this act shall bear a notation that the homeowner
9 performed the installation without a certified installer.
10 (d) The homeowner shall be provided, prior to occupancy,
11 with a notarized certificate of installation from the installer
12 or, in the case of a new home, from the manufactured housing
13 dealer if the dealer arranged for the installation, which shall
14 state that the home was set up by the installer according to the
15 manufacturer's specifications for that home REQUIREMENTS SET <--
16 FORTH IN SUBSECTION (B). The department shall prepare and
17 promulgate the certificate of installation to be used by
18 installers and manufactured housing dealers.
19 (e) Should any damage occur to the home in the future as a
20 result of improper initial installation or setup:
21 (1) If the dealer has arranged for installation, the
22 dealer and the installer shall be jointly and severally
23 liable for the cost of repairs OR REPLACEMENT resulting from <--
24 the damage as long as it remains on the site where the home
25 was originally installed for a period of no more than five
26 years from the date of the completion of the installation as
27 set forth on the certificate of installation.
28 (2) If the dealer has not arranged for installation, the
29 installer shall be liable for the cost of repairs OR <--
30 REPLACEMENT resulting from the damage as long as it remains
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1 on the site where the home was originally installed FOR A <--
2 PERIOD OF NO MORE THAN FIVE YEARS FROM THE DATE OF THE
3 COMPLETION OF THE INSTALLATION AS SET FORTH ON THE
4 CERTIFICATE OF INSTALLATION.
5 (3) If the home is transported or moved from the site
6 where the home was originally installed, all liability under
7 this subsection shall cease.
8 (4) This subsection shall not remove:
9 (i) the responsibility of an installer who
10 subsequently sets up the home at another location from
11 the original site of installation to install and set up
12 the home at the new site according to the manufacturer's
13 original setup specifications for that type of home,
14 model and location;
15 (ii) the liability of an installer under
16 subparagraph (i) for repairs and replacement costs
17 resulting from improper installation or setup of the
18 home; or <--
19 (iii) any responsibility or liability arising under
20 Federal law; <--
21 (IV) THE LIABILITY A MANUFACTURER WOULD OTHERWISE
22 HAVE FOR NEGLIGENCE OR INTENTIONAL ACTION WITH REGARD TO
23 MANUFACTURING THE HOME OR RECOMMENDING INSTALLATION
24 REQUIREMENTS; OR
25 (V) THE LIABILITY A DEALER WHO ARRANGES FOR THE
26 INSTALLATION OR AN EMPLOYER OF A CERTIFIED INSTALLER
27 WOULD OTHERWISE HAVE FOR THE CONDUCT OF A CERTIFIED
28 INSTALLER UNDER JUDICIAL DECISION, STATUTE OR REGULATION.
29 (f) The certificate of installation promulgated under
30 subsection (a) (D) shall certify that the installation has been <--
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1 accomplished under this act. The certified installer shall
2 retain a copy of the certificate. Within ten days of completion
3 of the installation copies shall be submitted:
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 may
19 suspend the certificate of any certified installer if the
20 department determines that installation and setup were performed
21 in violation of subsection (b).
22 (k) The requirements of this section shall apply to all
23 manufactured homes regardless of the date of manufacture.
24 Section 4. Sections 5 and 7 of the act are amended to read:
25 Section 5. Label required; violations.
26 (a) Following the effective date of this act, no person may
27 sell [or], offer for sale or install in this Commonwealth or
28 manufacture within this Commonwealth and sell or offer for sale
29 outside this Commonwealth any manufactured home unless it bears
30 a label certifying that such manufactured home meets or exceeds
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1 the manufactured home standards and department regulations
2 established by this act. Such label shall be displayed in the
3 manner prescribed by the United States Department of Housing and
4 Urban Development.
5 (b) No person may affix a label to any manufactured home
6 which does not meet or exceed the requirements of the
7 manufactured home standards and department regulations
8 established by this act.
9 Section 7. Administration of act.
10 (a) The department is charged with the administration of
11 this act. It shall have the power to adopt, amend and repeal the
12 regulations referred to in section 3. The department is
13 authorized to enter into interdepartmental agreements for the
14 purposes of administration of this act. The department may enter
15 into agreements with the United States Department of Housing and
16 Urban Development to assume responsibility for enforcement of
17 the manufactured home standards and may join with other states
18 or public or private agencies for such purposes.
19 (b) Any authorized representative or employee of the
20 department, at reasonable times, may enter any factory,
21 warehouse or establishment in the Commonwealth in which
22 manufactured homes are manufactured, stored or held for sale,
23 for the purpose of ascertaining whether the requirements of this
24 act and the regulations of the department have been and are
25 being met.
26 (c) No person may interfere, obstruct or hinder an
27 authorized representative of the department in the performance
28 of his duties as set forth in the provisions of this act.
29 (d) Each manufacturer, distributor [and], dealer and
30 installer of manufactured homes shall establish and maintain
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1 such records, make such reports and provide such information as
2 the department or the United States Department of Housing and
3 Urban Development may reasonably require to be able to determine
4 whether such manufacturer, distributor [or], dealer or installer
5 has acted and is acting in compliance with this act and the
6 department regulations. Upon request of a person duly designated
7 by the department, each manufacturer, distributor [or], dealer
8 or installer of manufactured homes shall permit such person to
9 inspect appropriate books, papers, records and documents
10 relative to determining whether such manufacturer, distributor
11 [or], dealer or installer has acted and is acting in compliance
12 with this act and the department regulations.
13 Section 5. The act is amended by adding a section to read:
14 Section 9.1. Industrialized Housing Account.
15 All fees and civil penalties collected under this act shall
16 be deposited in the Industrialized Housing Account established
17 in the act of May 11, 1972 (P.L.286, No.70), known as the
18 "Industrialized Housing Act." The department shall draw from the
19 account sufficient funds to cover the administrative and
20 enforcement costs of operating the program. Such funds are
21 hereby appropriated to the department to carry out the purposes
22 of this act.
23 Section 6. This act shall take effect in 180 days.
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