PROPOSED RULEMAKING
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
[12 PA. CODE CH. 145]
Industrial Housing and Components
[36 Pa.B. 3820]
[Saturday, July 22, 2006]The Department of Community and Economic Development (Department), under section 5 of Industrialized Housing Act (act) (35 P. S. § 1651.15), proposes to amend Chapter 145 (relating to industrial housing and components). This rulemaking proposes to eliminate the exception for energy conservation for industrialized homes, adopt the model code requirements for energy efficiency bringing industrialized housing on par with the Pennsylvania Construction Code Act (35 P. S. §§ 7210.101--7210.1103) and reduce the number of required inspections by the Department.
Introduction
The act authorizes the Department to promulgate rules and regulations to interpret and make specific the provisions of the act. Under section 5 of the act (35 P. S. § 1651.5), these rules and regulations are to be amended to ''assure the health, safety and welfare of the people of Pennsylvania by requiring safe and sanitary industrial housing and shall include provisions imposing requirements reasonably consistent with recognized and accepted model codes.'' The purpose of this proposed rulemaking is to provide parity with conventional housing constructed under the Pennsylvania Construction Code Act and industrialized housing constructed for other states. Adoption of model energy standards will improve energy efficiency in housing produced and allow manufacturers to utilize newer technology in designing heating and cooling systems.
Analysis
Proposed amendments to § 145.41 (relating to adoption of standards) add the ICC International Energy Conservation Code and the ICC International Residential Code as additional standards applicable to the industrialized housing and housing components for purposes of this chapter and to remove the energy conservation and stair geometry exceptions to the ICC International Building Code.
Proposed amendments to § 145.42 (relating to alternate standards) provide the International Energy Conservation Code and Pennsylvania's Alternative Residential Energy Provisions as alternatives to § 145.41 with respect to energy efficiency. The ICC International Residential Code is deleted as an alternative because it will be adopted as a standard in § 145.41. The proposed amendment also provides alternate standards regarding stairway construction.
Proposed amendments to § 145.93 (relating to factory inspections; right of entry) replace the biannual inspection requirement with an annual inspection requirement.
Fiscal Impact
Commonwealth. While striving to reduce the number of required inspections per year at each plant, the Department estimates the total number of inspections will remain unchanged. This is, in part, a result of additional production facilities seeking approval each year and increased inspections at warranted plants once granted the ability to focus Department inspection efforts.
Political subdivisions. There will be no fiscal impact on political subdivisions.
Public. Increased costs to the industry would be negligible. The majority of manufacturers presently exceeds the current provisions and builds homes that comply with the proposed standard. However, the current fees are low in comparison to other states and have not been increased since 1979.
Paperwork
The proposed rulemaking will not change existing paperwork requirements.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on July 7, 2006, the Department submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Commerce and Economic Development Committee and the Senate Community and Economic Development Committee. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Department, the General Assembly and the Governor of comments, recommendations or objections raised.
Effective Date/Sunset Date
The proposed rulemaking will become effective 60 days after final-form publication in the Pennsylvania Bulletin. The regulations are monitored on a regular basis and updated as needed.
Contact Person
Interested persons are invited to submit comments, suggestions or objections regarding the proposed rulemaking to Matthew Speicher, Assistant Counsel, Office of Chief Counsel, Department of Community and Economic Development, Commonwealth Keystone Building, 4th Floor, 400 North Street, Harrisburg, PA 17120, (717) 720-7317; or Mark Conte, Chief, Housing Standards Division, Office of Community Development, Department of Community and Economic Development, Commonwealth Keystone Building, 4th Floor, 400 North Street, Harrisburg, PA 17120, (717) 720-7416 within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin.
DENNIS YABLONSKY,
SecretaryFiscal Note: 4-85. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 12. COMMERCE, TRADE AND LOCAL GOVERNMENT
PART V. COMMUNITY AFFAIRS AND DEVELOPMENT
Subpart C. COMMUNITY DEVELOPMENT AND HOUSING
CHAPTER 145. INDUSTRIAL HOUSING AND COMPONENTS
STANDARDS § 145.41. Adoption of standards.
(a) The following codes, which relate to the design, materials and method of construction of buildings, are adopted as the standards applicable to the industrialized housing and housing components for purposes of this chapter:
(1) The ICC International Building Code[, with the following exceptions:
(i) The specific article on energy conservation.
(ii) A manufacturer may elect to utilize the 1993 BOCA National Building Code, section 1014.6, exception #8, with regard to stair geometry (rise & run).]
* * * * * (4) The International Energy Conservation Code.
(5) The National Electric Code (NFPA No. 70).
(6) The ICC International Residential Code (for one and two family dwellings and town homes).
(b) Except as provided in § 145.43 (relating to amendment policy), the codes [shall] must be the latest edition [including supplements]. The effective date of all code changes [or supplements shall] must be in accordance with §§ 145.44 and 145.122(b) (relating to adoption and effective dates--code amendments; and effective date).
(c) [Insulation requirements shall have the following minimum thermal resistance (''R'' values) through building sections--the total ''R'' value of a building section may be calculated by simply adding the individual ''R'' values of a building components--with the exception that the stated ''R'' value of one assembly, such as roof/ceiling, or wall or floor, may be increased and the ''R'' value for other components decreased if the overall heat loss for the building envelope does not exceed the total heat loss which would result from conformance to the following individual requirements or the standards:
(1) Ceilings adjacent to unheated areas: R=30.
(2) Exterior walls and partition walls between heated and unheated areas: R=16.
(3) Foundation walls applicable to heated basements and crawl spaces: R=10.
(4) Partition walls between apartments and other heated areas: R=11.
(5) Floors over areas open to the outside and crawl spaces if foundation walls are not insulated in accordance with paragraph (3): R=19.
(6) Floors over unheated basements: R=11.
(7) Entrance doors: R=4.
(8) Supply ducts in unheated areas: R=5.
(9) Return ducts in unheated areas: R=3.5.
(10) Edge insulation for concrete slabs: R=8.
(11) Windows must be double glazed or single glazed plus storm windows.
(12) Vapor barriers, weather stripping and still sealer must be used where applicable.
(13) Ventilation must be provided for the air spaces between insulated ceilings and roofs.
(d)] Insulation technique and installation applicable to the floor or foundation wall is not always practical at the manufacturing facility. Industrialized-modular-housing [dealers,] builders or contractors may supply and install the required floor or foundation wall insulation. If the [dealer,] builder or contractor supplies and installs the required floor or foundation wall insulation, an assignment of responsibility shall be used. The assignment of responsibility shall be signed by the authorized respective [dealer,] builder or contractor prior to the industrialized-modular-housing unit leaving the manufacturing plant. A manufacturer is required to retain the copies of the assignment of responsibility sheets in his files for inspection by the Department. Periodic inspections will be made on units with [dealer,] builder or contractor-installed floor or foundation wall insulation. Assignment of responsibility [shall] must be on forms provided by the Department which will conform to the following:
ASSIGNMENT OF RESPONSIBILITY To: __________
__________
__________I HEREBY ASSUME FULL RESPONSIBILITY FOR COMPLYING WITH THE FLOOR AND/OR FOUNDATION WALL INSULATION REQUIREMENTS AS MANDATED BY AMENDMENT TO THE PENNSYLVANIA DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT RULES AND REGULATIONS UNDER THE PENNSYLVANIA INDUSTRIALIZED HOUSING ACT OF MAY 11, 1972.
THIS ASSIGNMENT OF RESPONSIBILITY SHALL APPLY TO THE FOLLOWING HOME(S):
[DEALER] BUILDER NAME: __________
CUSTOMER NAME: __________
MODEL: __________
SERIAL NO.: __________
______ Date: __________
AUTHORIZED SIGNATURE
[DEALER,] BUILDER, CONTRACTOR
(TO BE COMPLETED AND RETURNED TO THE ABOVE ADDRESS WITH SIGNED CONFIRMATION.)
[(e)] (d) * * *
[(f)] (e) * * *
§ 145.42. Alternate standards.
(a) As an alternative to the primary codes specified in § 145.41 (relating to adoption of standards), a manufacturer may elect to satisfy the requirements of the following alternate standards. Copies of these documents are available through the respective promulgating agencies as defined in § 145.47 (relating to acquisition of adopted codes and amendments):
(1) [ICC International Residential Code except that with regard to stair geometry (rise and run), a manufacturer may elect to utilize the 1992 CABO One and Two Family Dwelling Code, Section R-213.1, Figure No. R-213.1; and HUD Minimum Property Standards for One and Two Family Dwellings (24 CFR 200.926 (relating to minimum property standards for one- and two-family dwellings)).
(2) Insulation requirements and minimum requirements of § 145.41(c)(1)--(13).
(3) Electrical Code for One and Two Family Dwellings, NFPA No. 70.]
As an alternate to the ICC International Residential Code, Chapter 11 regarding energy efficiency, the manufacturer may use one of the following:
(i) The prescriptive methods for residential buildings in the International Energy Conservation Code compliance guide containing State maps, prescriptive energy packages and related software published by the United States Department of Energy, Building Standards and Guidelines Program (REScheckTM).
(ii) Pennsylvania's Alternative Residential Energy Provisions developed by the Pennsylvania Housing Research Center at the Pennsylvania State University.
(2) As an alternate to the ICC International Residential Code, Chapter 3-Building Planning, in regards to stairway construction, the manufacturer may use the following standard:
(i) The maximum riser height must be 8 1/4 inches. There may be no more than 3/8 inch variation in riser height within a flight of stairs. The riser height is to be measured vertically between leading edges of the adjacent treads.
(ii) The minimum tread depth must be 9 inches measured from tread nosing to tread nosing. There may be no more than 3/8 inch variation in tread depth within a flight of stairs.
(iii) Treads may have a uniform projection of not more than 1 1/2 inches when solid risers are used.
(iv) Stairs may not be less than 3 feet in clear width and clear head room of 6 feet 8 inches must be maintained for the entire run of the stair.
(v) Handrails may project from each side of a stairway a distance of 3 1/2 inches into the require width of the stairway.
(b) Except as provided in § 145.43 (relating to amendment policy), the codes must be the latest edition [including supplements]. The effective date of code changes [or supplements] must be in accordance with §§ 145.44 and 145.122(b) (relating to adoption and effective dates--code amendments; and effective date).
ADMINISTRATIVE PROVISIONS § 145.93. Factory inspections; right of entry.
* * * * * (b) [Twice yearly] Yearly inspections. A factory or manufacturing facility with approved building system documentation [shall] will be inspected at least [twice] once each year by the Department. The inspections are to verify the effectiveness of the sponsor's quality program and compliance with approved building systems documentation.
* * * * *
[Pa.B. Doc. No. 06-1273. Filed for public inspection July 21, 2006, 9:00 a.m.]
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