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 19970S0962B2292 - 2 -
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 19970S0962B2292 - 3 -
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). 19970S0962B2292 - 4 -
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 19970S0962B2292 - 5 -
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 <-- 19970S0962B2292 - 6 -
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 19970S0962B2292 - 7 -
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 19970S0962B2292 - 8 -
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. D11L68JRW/19970S0962B2292 - 9 -