PRIOR PRINTER'S NO. 1058 PRINTER'S NO. 1528
No. 962 Session of 1997
INTRODUCED BY GERLACH, KUKOVICH, HART AND BRIGHTBILL,
MAY 5, 1997
AS AMENDED ON THIRD CONSIDERATION, DECEMBER 8, 1997
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; providing for installation of
10 manufactured homes; establishing additional fees; and
11 establishing the Industrialized Housing Account.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. The definition of "department" in section 2 of
15 the act of November 17, 1982 (P.L.676, No.192), known as the
16 Manufactured Housing Construction and Safety Standards
17 Authorization Act, is amended and the section is amended by
18 adding definitions to read:
19 Section 2. Definitions.
20 The following words and phrases when used in this act shall
21 have, unless the context clearly indicates otherwise, the
22 meanings given to them in this section:
1 "Certified installer" or "installer." A manufacturer, dealer
2 or third person certified under section 3.1 to engage in the
3 installation of manufactured homes on site.
4 * * *
5 "Department." The Department of Community [Affairs] and
6 Economic Development of the Commonwealth of Pennsylvania.
7 * * *
8 "Installation." The assembly of manufactured homes on site
9 and the process of affixing manufactured homes to land, a
10 foundation, footings, utilities or an existing building. The
11 term includes the process of affixing manufactured home
12 components to or within the housing structure for which they are
13 designed.
14 * * *
15 Section 2. The act is amended by adding sections to read:
16 Section 3.1. Installation of manufactured homes.
17 (a) The department shall present a certificate to install
18 manufactured housing onsite to any individual who presents
19 evidence satisfactory to the department that the individual has
20 attended and satisfactorily completed a manufactured housing
21 installation course of study approved by the department at which
22 instruction has been given concerning soil density and ability
23 to determine soil density, an understanding of installation
24 instructions and the principals of weight distribution of
25 manufactured home to foundation. To satisfy these requirements,
26 a course of study shall include classroom instruction, field
27 directions for installation and a written test. The department
28 shall promulgate regulations to require each installer to
29 participate in continuing education programs and to demonstrate
30 continued competency and compliance with this act in order to
19970S0962B1528 - 2 -
1 remain certified.
2 (b) Notwithstanding any other statute, regulation or
3 ordinance, a manufactured home shall be installed by an
4 installer in accordance with one or more of the following:
5 (1) The manufacturer's recommended installation
6 requirements as set forth in 24 CFR 3280 (relating to
7 manufactured home construction and safety standards).
8 (2) Manufactured home installations approved by the
9 American National Standards Institute as ANSI A225.1-1994.
10 (3) The manufacturer's setup specifications for that
11 type of home, model and location.
12 (4) Plans sealed by a registered professional engineer
13 or subrules established by the department, if:
14 (i) the design is engineered specifically for the
15 manufactured home; and
16 (ii) the designer used criteria specified in
17 paragraphs (1), (2) and (3).
18 (C) NOTHING IN THIS ACT SHALL PREVENT A HOMEOWNER FROM <--
19 INSTALLING A MANUFACTURED HOME ON REAL PROPERTY OWNED BY THE
20 HOMEOWNER, WITHOUT A CERTIFIED INSTALLER, PROVIDED THAT THE
21 HOMEOWNER SHALL ASSUME ALL LIABILITY FOR THE INSTALLATION AND
22 THERE SHALL BE NO LIABILITY ON THE PART OF THE DEALER,
23 MANUFACTURER OR ANY THIRD PARTY RELATING TO THE INSTALLATION.
24 THE CERTIFICATE OF INSTALLATION REQUIRED BY THIS ACT SHALL BEAR
25 A NOTATION THAT THE HOMEOWNER PERFORMED THE INSTALLATION WITHOUT
26 A CERTIFIED INSTALLER.
27 (c) (D) The homeowner shall be provided, prior to occupancy, <--
28 with a notarized certificate of installation from the installer
29 or, in the case of a new home, from the manufactured housing
30 dealer if the dealer arranged for the installation, which shall
19970S0962B1528 - 3 -
1 state that the home was set up by the installer according to the
2 manufacturer's specifications for that home. The department
3 shall prepare and promulgate the certificate of installation to
4 be used by installers and manufactured housing dealers.
5 (d) (E) Should any damage occur to the home in the future as <--
6 a result of improper initial installation or setup:
7 (1) If the dealer has arranged for installation, the
8 dealer and the installer shall be jointly and severally
9 liable for the cost of repairs resulting from the damage as
10 long as it remains on the site where the home was originally
11 installed FOR A PERIOD OF NO LESS THAN FIVE YEARS FROM THE <--
12 DATE OF THE COMPLETION OF THE INSTALLATION AS SET FORTH ON
13 THE CERTIFICATE OF INSTALLATION.
14 (2) If the dealer has not arranged for installation, the
15 installer shall be liable for the cost of repairs resulting
16 from the damage as long as it remains on the site where the
17 home was originally installed.
18 (3) If the home is transported or moved from the site
19 where the home was originally installed, all liability under
20 this subsection shall cease.
21 (4) This subsection shall not remove:
22 (i) the responsibility of an installer who
23 subsequently sets up the home at another location from
24 the original site of installation to install and set up
25 the home at the new site according to the manufacturer's
26 original setup specifications for that type of home,
27 model and location; or
28 (ii) the liability of an installer under
29 subparagraph (i) for repairs and replacement costs
30 resulting from improper installation or setup of the
19970S0962B1528 - 4 -
1 home.
2 (e) (F) The certificate of installation promulgated under <--
3 subsection (a), when completed, will certify that the
4 installation has been accomplished under this act. Within ten
5 days of the completion of the installation the following
6 requirements shall be met:
7 (1) A copy of the form shall be submitted to the
8 department.
9 (2) A copy shall be submitted to the manufacturer.
10 (3) A copy shall be submitted to the manufactured
11 housing dealer.
12 (4) A copy shall be provided to the manufactured housing
13 owner.
14 (5) A copy shall be retained in the file of the
15 certified installer.
16 (f) (G) At least one member of any installation or setup <--
17 crew involved in the installation of the manufactured home is
18 required to be certified under subsection (a).
19 (g) (H) The department shall establish a filing fee in the <--
20 amount of $20 for each form certifying proper installation. The
21 department shall establish a certification fee of $100 per year
22 for each certified installer.
23 (h) (I) The department is authorized to conduct inspections <--
24 of manufactured housing installations to ensure compliance with
25 this act.
26 (i) (J) Upon inspection and investigation, the department <--
27 shall have the authority to suspend the certificate of any
28 installer if, based on good cause shown, the department is
29 satisfied that installation and setup done under the direction
30 and control of the licensed installer is not performed in
19970S0962B1528 - 5 -
1 accordance with subsection (b).
2 (j) (K) The requirements of this section shall apply to all <--
3 manufactured homes regardless of the date of manufacture.
4 Section 9.1. Industrialized Housing Account.
5 All fees and civil penalties collected under this act shall
6 be deposited in the Industrialized Housing Account established
7 in the act of May 11, 1972 (P.L.286, No.70), known as the
8 "Industrialized Housing Act." The department shall draw from the
9 account sufficient funds to cover the administrative and
10 enforcement costs of operating the program. Such funds are
11 hereby appropriated to the department to carry out the purposes
12 of this act.
13 Section 3. This act shall take effect in 180 days.
D11L68JRW/19970S0962B1528 - 6 -