PROPOSED RULEMAKING
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
[ 12 PA. CODE CH. 145 ]
Industrial Housing and Components
[44 Pa.B. 5026]
[Saturday, July 26, 2014]The Department of Community and Economic Development (Department), under the authority of section 5 of the Industrialized Housing Act (act) (35 P. S. § 1651.5), proposes to amend Chapter 145 (relating to industrial housing and components). The purpose of this proposed rulemaking is to comply with an amendment to the act and to further strengthen and clarify the Department's role in monitoring the production and installation of industrialized housing in this Commonwealth.
The act established uniform State standards and procedures for the identification, inspection and surveillance of the manufacture, assembly, installation and overall quality process required for certification of industrialized housing and components for use in communities in this Commonwealth. As amended, these standards and procedures are extended to include commercial buildings. The act authorizes the Department to promulgate rules and regulations to interpret and make specific provisions of the act. The purpose of this proposed rulemaking is to update the regulations to bring them into conformance with current industry standards, codes and practices and to amend the regulations as needed to adequately address the manufacture of industrialized commercial buildings and components.
Analysis
Section 145.1 (relating to definitions) is proposed to be amended to provide definitions of ''industrialized building or industrialized commercial building,'' ''industrialized building component or industrialized commercial building component,'' ''industrialized commercial building module'' and ''industrial housing module.'' The terms ''industrialized buildings'' and ''building components'' have been incorporated into the definitions of ''compliance assurance program,'' ''compliance control program,'' ''insignia of certification,'' ''installation,'' ''manufacturing facility,'' ''Notice of Approval'' and ''site or building site.''
The definitions of ''building system'' and ''building system documentation'' are proposed to be amended for clarity and to be more consistent with programs established in other states. The definition ''module'' is proposed to be deleted. ''Site Installation Inspection Report Form'' is proposed to be amended to replace ''Form'' with ''Checklist'' and will be a part of the building system documentation or design package which will allow this document to be more easily modified to address changes in the building process.
A definition of ''permanent foundation'' is proposed to be added.
Section 145.2 (relating to purpose) is proposed to be amended to include industrialized commercial buildings and building components in the purpose of Chapter 145.
Section 145.3 (relating to scope) is proposed to be amended to include industrialized commercial buildings and building components in the scope of Chapter 145.
Section 145.31 (relating to requirement of certification) is proposed to be amended to include industrialized commercial buildings and building components in the requirements of certification and to eliminate unnecessary regulation.
Section 145.36 (relating to applicability of locally-enacted codes and ordinances) is proposed to be amended to clarify how locally enacted codes and ordinances would apply to industrialized commercial buildings and building components.
Section 145.41 (relating to adoption of standards) is proposed to be amended to address the standards to which industrialized commercial buildings and building components would be designed and constructed. This section is also proposed to be amended to comply with the act of April 25, 2011 (P. L. 1, No. 1) (Act 1) as it applies to code provisions specifically omitted from adoption under Act 1. At this time, those provisions specifically omitted include fire sprinkler systems for one-family and two- family dwellings and the wall bracing requirements provided for in the 2009 International Residential Code.
Section 145.42 (relating to alternate standards) is proposed to be amended to allow for an alternate energy standard to which industrialized commercial buildings and building components would be designed and constructed.
Section 145.51 (relating to general requirements for certification) is proposed to be amended to establish the general requirements under which industrialized commercial buildings and building components would be certified.
Section 145.53 (relating to variations) is proposed to be amended to allow some variation in the building system documentation to which industrialized commercial buildings and building components would be designed and constructed.
Section 145.54 (relating to Building System Approval Report and Summary) is proposed to be amended to establish control criteria for building systems documentation for industrialized commercial buildings and building components.
Section 145.57 (relating to approval of compliance assurance program) is proposed to be amended to establish basic requirements for a compliance control program to be approved by evaluation agencies.
Section 145.58 (relating to basic requirements for a compliance control program) is proposed to be amended to establish basic requirements for a compliance control program needed for certification of industrialized commercial buildings and building components.
Section 145.60 (relating to insignia of certification) is proposed to be amended to delete unnecessary text currently required on the insignia of certification and establish a separate insignia for industrialized commercial buildings and building components.
Section 145.61 (relating to insignia of inspection agencies) is proposed to be amended to address the attachment of the insignia of the inspection agencies for industrialized commercial buildings and building components.
Section 145.62 (relating to data plates) is proposed to be amended to establish and clarify basic requirements for data plates for industrialized housing and buildings.
Section 145.63 (relating to procedures for requesting, controlling and attaching insignia of certification) is proposed to be amended to establish criteria for requesting, controlling and attaching insignias of certification for industrialized commercial buildings and building components.
Section 145.64 (relating to modification after certification) is proposed to be amended to limit modifications to certified industrialized commercial buildings and building components.
Section 145.66 (relating to emergency suspension) is proposed to be amended to prohibit the certification of industrialized commercial buildings and components while a manufacturer is under an emergency suspension.
Section 145.67 (relating to revocation of certification) is proposed to be amended to give the Department and the appropriate third-party agency the authority to revoke the certification of industrialized commercial buildings and building components and to establish criteria to provide the manufacturer of industrialized commercial buildings and building components the authority to attach insignias of certification.
Section 145.69 (relating to suspension of certificate of approval of out-of-State manufacturer for lack of activity) is proposed to be amended to allow for the suspension of an out-of-State manufacturer of industrialized commercial buildings and building components for lack of activity.
Section 145.70 (relating to Departmental evaluation and inspection) is proposed to be amended to preserve the ability of the Department to perform as an evaluation agency or inspection agency, or both, in the event that these services may be required.
Section 145.71 (relating to responsibilities of evaluation agencies) is proposed to be amended to provide responsibilities for evaluation agencies to provide the same oversight in reviewing and approving building system documentation and compliance assurance programs for each manufacturer of industrialized commercial buildings or components.
Section 145.72 (relating to responsibilities of inspection agencies) is proposed to be amended to provide responsibilities for inspection agencies to provide oversight in monitoring the manufacturers of industrialized commercial buildings or components in the same manner as housing manufacturers are monitored.
Section 145.72a (relating to frequency of inspections) is proposed to be amended to provide the minimum inspection frequency for inspection agencies providing inspection services to industrialized commercial building manufacturers. This section is also proposed to be amended by changing the current requirement for manufacturer's certification that requires 100% inspection of the first ten homes produced. The proposed process will depend on the professional judgment of the third-party agencies in determining the level of inspection needed to certify a manufacturer. The Department retains final approval of the third-party agencies' proposal regarding the minimum frequency needed to adequately certify the facility.
Section 145.73 (relating to criteria for approval of evaluation and inspection agencies) is proposed to be amended to provide criteria for the approval of evaluation and inspection agencies for industrialized commercial buildings or building components.
Section 145.74a (relating to prohibition on consulting services) is proposed to be amended to prohibit third-party agencies from performing consulting engineering services for an industrialized commercial building or building component manufacturer while the third-party agency has an implementing contract with that manufacturer.
Section 145.76 (relating to reapprovals of third-party agencies) is proposed to be amended to provide a reapproval process for industrialized commercial building third-party evaluation and inspection agencies.
Section 145.78 (relating to contractual arrangements) is proposed to be amended to require implementing contracts between manufacturers of industrialized commercial buildings and approved third-party evaluation and inspection agencies.
Section 145.79 (relating to suspension and revocation of third-party agencies) is proposed to be amended to allow the Department to take appropriate action in the event that problems occur as a result of suspension or revocation of approval of a particular third-party evaluation or inspection agency.
Section 145.81—145.83 (relating to responsibilities of local enforcement agencies; issuance of building permits; and issuance of certificates of occupancy) are proposed to be amended to outline the responsibilities of the local enforcement agencies regarding their permitting and inspection process of certified industrialized commercial buildings.
Section 145.91 (relating to reports to the Department) is proposed to be amended to extend the Department's authority to require reporting from inspection and evaluation agencies and manufacturers of industrialized commercial buildings as well as extending the requirement of the Site Installation Inspection Report to these buildings.
Section 145.92 (relating to reports by the Department) is proposed to be amended to reduce the frequency of certain reports issued by the Department and to include the Notice of Approval in the list of reports the Department will provide.
Section 145.93 (relating to factory inspections; right of entry) is proposed to be amended to extend the authorized inspections by the Department to include industrialized commercial buildings, records of these buildings, transport facilities, building sites, and the like.
Section 145.94 (relating to fees) is proposed to be amended to establish a fee structure for industrialized commercial building and building component insignias as well as an approval and reapproval fee for industrialized commercial buildings evaluation and inspection agencies. Additionally, to defray the additional costs incurred to the Department for out-of-State travel, this section is proposed to be amended to increase the insignia fee for manufacturing facilities outside of this Commonwealth. This increase in insignia fees for facilities outside of this Commonwealth ($20 residential and $30 commercial) is patterned after current programs in New Jersey, Minnesota and Rhode Island. Other fees currently charged by the Department for engineering and administrative services are also being increased to reflect the actual costs to the Department. Additional amendments to this section are proposed to allow the Department to accept fees electronically.
Section 145.97 (relating to amendments to this chapter) is proposed to be amended to reflect the current practice of notifying interested parties of proposed changes to Chapter 145.
Section 145.99 (relating to remedies) is proposed to be amended to provide remedies to the Department for industrialized commercial buildings or components which have not been manufactured consistent with the act or Chapter 145.
Section 145.101—145.105 are proposed to be amended to establish the procedures needed for the Department to enter into reciprocal agreements with other states to facilitate interstate acceptability of industrialized commercial buildings and building components.
Fiscal Impact
Commonwealth
Through the fees generated from approvals of third-party agencies and insignias applied to industrialized commercial buildings and building components, the Department expects this program to generate sufficient revenues to cover expenses. Using Maryland as an example, 1,538 industrialized commercial insignias assigned in 2008 would result in revenues of over $92,000. While it is impossible to accurately project insignia usage in this Commonwealth, it is a reasonable expectation that insignia usage would match or exceed that of Maryland. Until production levels increase to 2006 levels for industrialized housing, additional staffing is not required to carry out this expansion to the program.
Political subdivisions
There is not fiscal impact upon political subdivisions.
Public
There is not fiscal impact upon the public.
Paperwork
Manufacturers of industrialized commercial buildings and building components will be required to complete an insignia request form and provide the Department monthly reporting of insignias applied. These manufacturers currently do this for most of the states that receive their products. Therefore, the impact is minimal.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on July 2, 2014, 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 Committee and the Senate Community, Economic and Recreational 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
This proposed rulemaking would take effect 90 days after final-form publication in the Pennsylvania Bulletin.
Contact Person
Interested persons are invited to submit in writing, within 30 days from the date of publication of the proposed rulemaking in the Pennsylvania Bulletin, comments, suggestions or objections regarding the proposed rulemaking to Mark A. Conte, Chief, Commercial Buildings Division, Department of Community and Economic Development, 400 North St. 4th Floor, Harrisburg, PA 17120-0225.
C. ALAN WALKER,
SecretaryFiscal Note: 4-95. 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
GENERAL PROVISIONS § 145.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Approved—Approved by the Department, or agent of the Department, under this chapter.
Building system—[The industrialized housing or housing components described in the building system documentation.] The method of constructing a type of industrialized home, building, or housing or building component described by plans, specifications and other documentation which together establish a set of limits meeting the building standards in §§ 145.41 and 145.42 (relating to adoption of standards; and alternate standards), as well as the compliance control program requirements of § 145.58 (relating to basic requirements for a compliance control program), including installation details.
Building system documentation—[The plans, specifications and other documentations which together describe industrialized housing or a housing component, including variations and installation detail, consistent with § 145.41 or § 145.42 (relating to adoption of standards; and alternate standards).] The plans, specifications, procedures and other documentation, approved by an evaluation agency under § 145.52 (relating to approval of building system documentation), which together describe industrialized home, building, or housing or building components, including any variation, installation detail and instruction consistent with this chapter.
Certification or certified—Conforming to the requirements of this chapter.
Compliance assurance program—The system of policies and procedures implemented by the manufacturer and the inspection agency to assure that industrialized housing, buildings, or housing or building components are manufactured, transported and installed at the site in accordance with the approved building system documentation.
Compliance control program—The system of policies and procedures utilized by the manufacturer to assure that industrialized housing, buildings, or housing or building components, as the case may be, are manufactured, transported and installed at the site in accordance with the approved building system documentation.
* * * * * ICC—International Code Council.
Industrialized building or industrialized commercial building—A structure designed for commercial occupancy classified within nonresidential use groups in accordance with the standards in § 145.41. The structure is wholly or in substantial part made, constructed, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation on the building site so that concealed parts or processes of manufacture cannot be inspected at the site without disassembly, damage or destruction.
Industrialized building component or industrialized commercial building component—A closed wall subsystem or subassembly designed for use as a structure or a part of a structure which is classified within the nonresidential use groups in accordance with the standards in § 145.41. The closed wall subsystem or subassembly is fabricated in a manufacturing facility to be separately transported to the building site and cannot be inspected at the site without disassembly. Components may be installed with or without a permanent foundation.
Industrialized commercial building module—
(i) A closed wall structure or substantial part of a closed wall structure incorporating or designed to be assembled to form one or more rooms used as habitable, occupiable or mechanical/equipment space which is classified within nonresidential use groups in accordance with the standards in § 145.41. The structure is fabricated in a manufacturing facility to be separately transported to the building site and cannot be inspected at the site without disassembly.
(ii) The term includes industrialized building components that are subsystems or assemblies, or other systems of closed construction designed for use in or as a part of an industrialized commercial building.
Industrialized housing—
(i) A structure designed primarily for residential occupancy or classified within Residential Group R in accordance with the standards adopted under § 145.41 and which is wholly or in substantial part made, constructed, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation on the building site so that concealed parts or processes of manufacture cannot be inspected at the site without disassembly, damage or destruction.
(ii) The term does not include a structure or building classified as an institutional building or manufactured home, as defined by the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C.A. §§ 5401—5426).
Industrialized housing module—Each section of an industrialized housing structure which is fabricated in the manufacturing facility to be separately transported to the building site.
Insignia of certification—The label[, emblem or mark] conforming to the requirements of this chapter which, when attached to industrialized housing [or], housing components, industrialized building or building components under this chapter, evidences that the industrialized housing [or housing], buildings, or industrialized housing or building components have been certified.
Inspection agency—An agency, private or public, which is approved by the Department under § 145.73 to perform the functions assigned by this chapter to an inspection agency. If the Department performs the functions of the inspection agency under § 145.70, the Department will be the inspection agency for the purposes of this title.
Installation—The assembly of industrialized housing or buildings onsite and the process of affixing industrialized housing [or], housing components, industrialized buildings or components to land, a foundation, footings, utilities or an existing building, and may include the process of affixing housing or building components to or within the [housing] structure for which they are designed.
* * * * * Manufacturing facility—A place, other than the building site, at which machinery, equipment and other capital goods are assembled and operated for the purpose of making, fabricating, constructing, forming or assembling industrialized housing or housing components, industrialized buildings or building components.
Mobile home—A structure, transportable in one or more sections, which is 8 body feet or more in width and is 32 body feet in length and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and including the plumbing, heating, air conditioning and electrical system combined therein manufactured in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974 [(42 U.S.C.A. §§ 5401—5426)].
[Module—Each section of an industrialized housing structure which is fabricated in the manufacturing facility to be separately transported to the building site.]
NCSBCS—National Conference of States on Building Codes and Standards.
NFPA—The National Fire Protection Association.
Notice of Approval—A notice issued by the Department to each manufacturer of industrialized housing [or], housing components, industrialized buildings or building components that indicates the approval of the manufacturer's building systems documentation, compliance assurance program, and the authority to receive and attach insignias of certification to industrialized housing [or], housing components, industrialized building or building components as applicable.
Permanent foundation—
(i) A permanent foundation shall be constructed in accordance with the prescriptive provisions of the adopted building code or, when required, designed by a licensed professional engineer.
(ii) A permanent foundation must have attachment points to anchor and stabilize the home to transfer all code required loads to the underlying soil or rock. A permanent foundation shall:
(A) Be designed for vertical stability.
(I) Footings properly sized to prevent overloading of the soil.
(II) Minimum depth of footings below undisturbed ground surface must be 12 inches or as required by the local code, whichever is greater.
(III) Shallow foundation footings must be constructed of cast-in-place concrete.
(IV) Masonry walls and piers must be mortared.
(B) Be designed for lateral stability.
(I) Anchorage capacity to prevent uplift, sliding and overturning or other movement of the structure.
(II) May not utilize tension-only steel straps.
(III) May not utilize screw-in soil anchors.
(C) Be constructed of durable materials, that is, concrete, mortared masonry or treated wood. This includes precast foundation systems.
(D) A permanent foundation does not include alternative systems or components labeled only for use under one or more of the following standards:
(I) 24 CFR Part 3280 (relating to manufactured home construction and safety standards).
(II) 24 CFR Part 3286 (relating to Manufactured Home Installation Program).
(III) NFPA 225 Model Manufactured Home Installation Standard.
(IV) ANSI A225.1 NFPA 501A Manufactured Home Installations.
(V) International Residential Code, Appendix E.
Person—An individual or organized group of any character, including partnerships; corporations; other forms of associations; Federal, State and local instrumentalities, political subdivisions[,] or officers, including the Department when indicated by the context.
Residential occupancy—Occupancy of a structure or building, or part thereof, classified as a [one or two family] one-family or two-family dwelling, townhouse or within Residential Group R in accordance with the standards adopted under § 145.41, by families, households or individuals for purposes of shelter and sleeping, without regard to the availability of cooking or dining facilities.
Site Installation Inspection [Report Form The element of the compliance control program that will identify] Checklist—A part of the manufacturers building system documentation or design package that identifies the various aspects of construction that [must] shall be completed [on site by the builder or contractor] onsite, for inspection by the local code official, that when properly completed will result in a conforming home or building.
Site or building site—The entire tract, subdivision or parcel of land on which industrialized housing [or], housing components, industrialized building or industrialized building components are installed.
* * * * * § 145.2. Purpose.
This chapter interprets and makes specific the provisions of the [Industrialized Housing Act] act, as provided in section 5 of the act (35 P. S. § 1651.5). This chapter establishes administrative procedures for the implementation of the act which will facilitate the use of industrialized housing, buildings, and housing or building components in this Commonwealth consistent with safeguarding the health, safety and welfare of citizens of [the] this Commonwealth and will carry out the purposes set forth in the legislative findings in section 2 of the act (35 P. S. § 1651.2). More specifically, this chapter is intended primarily to achieve the following objectives:
(1) Establish uniform standards affecting health, safety and welfare for the design, use of materials and methods of construction for industrialized housing, buildings, and housing or building components intended for sale, lease or installation for use in this Commonwealth.
(2) Establish uniform procedures to assure that industrialized housing, buildings, and housing or building components intended for sale, lease or installation for use in this Commonwealth will be manufactured, transported and installed in compliance with the uniform standards adopted by this chapter. In particular, this chapter establishes procedures under which the essential structural, electrical, mechanical and plumbing elements of industrialized housing, buildings, and housing or building components are subjected to compliance assurance procedures, including inspections, in the manufacturing facilities during the manufacturing process, thereby eliminating the need for subsequent inspections at the building site of those elements which are enclosed within the walls which might otherwise be subjected to disassembly, damage or destruction in the course of onsite inspections.
(3) Establish procedures which will facilitate the movement of industrialized housing, buildings, and housing or building components between the Commonwealth and the other States for the mutual benefit of the manufacturers and citizens of this Commonwealth.
(4) Preserve for local governments within this Commonwealth responsibilities and functions specifically reserved to local governments by the act and otherwise not inconsistent with the achievement of the purposes of the act.
§ 145.3. Scope.
Except to the extent otherwise stated in the act and the provisions of this chapter and in other applicable laws of the Commonwealth which are not inconsistent with or superseded by the act and this chapter, this chapter governs the design, manufacture, storage, transportation and installation of industrialized housing, buildings, and housing or building components which are sold, leased or installed, or are intended for sale, lease or installation, for use on a site in this Commonwealth. This chapter applies to industrialized housing, buildings, and housing or building components manufactured in manufacturing facilities located within or outside this Commonwealth.
SCOPE § 145.31. Requirement of certification.
(a) [Except as otherwise provided in § 145.121(b) (Reserved), after January 1, 1975, no] A person may not sell, lease or install for use on a site in this Commonwealth [an] industrialized housing [or housing component], buildings, or housing or building components unless the industrialized housing, building, or housing or building component is certified and bears insignia of certification issued by the Department. The insignia of certification issued by the Department shall be attached to the industrialized housing, building, or housing or building component under this chapter, and [they shall be] it is subject to subsequent removal [from the industrialized housing and housing component] in accordance with this chapter.
(b) Industrialized housing, buildings, and housing or building components of the manufacturer which have never been occupied and which serve for model or demonstration purposes for the manufacturer do not have to bear insignia of certification under this chapter, until the time that the industrialized housing, building, or housing or building components are first offered for sale or lease.
[(c) The sale or lease of an industrialized housing or housing structure in which housing components have been installed, which sale or lease occurs after the completion of installation may not be subject to this chapter, unless the person offering the industrialized housing or housing structure for sale or lease made an offer to a person prior to the completion of installation or unless the sale or lease was by or on behalf of or for the benefit of the manufacturer of the industrialized housing or housing components for the purpose of avoiding the certification requirements of this chapter. Nothing in this section shall be construed to prevent the application of this chapter to the installation of an industrialized housing or housing components.]
§ 145.36. Applicability of locally-enacted codes and ordinances.
(a) Industrialized housing [and], housing components, industrialized buildings or building components bearing [insignia] insignias of certification issued under this chapter [shall] will be deemed to comply with the requirements of building and related codes and ordinances enacted by local governments of the Commonwealth which codes and ordinances conform with the following:
(1) Are applicable to [housing or home building in] residential or commercial construction, plumbing, heating, electrical and other related codes pertaining to the construction and equipment contained within.
(2) Would otherwise be applicable to the industrialized housing [and], housing components, industrialized buildings or building components certified under this chapter as described in their building system documentation.
(b) (Reserved).
(c) If the building site is within a fire district designated by an ordinance of the local government, the requirements of the codes and standards adopted under §§ 145.41, 145.42 and 145.44 (relating to adoption of standards; alternate standards; and [procedure for adoption of amendments] adoption and effective dates—code amendments) for the fire district is applicable to the industrialized housing [or], housing components, industrialized buildings or building components. If the fire district designated by the ordinance of the local government is different from a fire district described in the applicable codes and standards adopted under §§ 145.41, 145.42 and 145.44 the requirements for that fire district described in the applicable codes and standards which in the judgment of the evaluation agency bears the closest similarity to the description of the applicable fire district under the locally enacted ordinance is applicable.
(d) Industrialized housing and [housing structures in which housing] buildings in which industrialized housing or building components have been installed shall comply with codes and ordinances of the local governments with jurisdiction over the building site which apply to the design, installation and maintenance of waterline connections from the exterior walls of housing to their main source of supply, sewer drainage connections from the exterior walls of housing to main sewers or septic systems, and electrical line connections or other energy supply connections from the exterior walls of housing to their main source of power, notwithstanding [that the industrialized housing and housing components bear] the appropriate insignia of certification as provided for in § 145.60 (relating to insignia of certification).
(e) Nothing in the act or this chapter shall be construed as amending, repealing or superseding a local zoning ordinance, subdivision regulation, designation of fire districts or related land development code, regulation or ordinance enacted by a local government of the Commonwealth.
(f) A dispute between a person and a local enforcement agency with respect to the application of this section shall be referred to and decided by the Department under § 145.96 (relating to interpretation of this chapter).
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, industrialized buildings or building components for purposes of this chapter:
(1) The ICC International Building Code.
(2) The ICC International Mechanical Code.
(3) The ICC International Plumbing Code.
(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)[.] except:
(i) Section R313.2, regarding automatic fire sprinkler systems in one-family and two-family dwellings, of the 2009 International Residential Code. Successor triennial revisions are excluded.
(ii) Sections R602.10—R602.12.1.6, regarding wall bracing requirements, are excluded and replaced by §§ R602.10—R602.11.3 of the 2006 International Residential Code.
(b) Except as provided in § 145.43 (relating to amendment policy), the codes must be the latest edition. The effective date of all code changes must be in accordance with §§ 145.44 and 145.122(b) (relating to adoption and effective dates—code amendments; and effective date).
(c) Insulation technique and installation applicable to the floor or foundation wall is not always practical at the manufacturing facility. [Industrialized-modular-housing builders or contractors] Builders or contractors of industrialized houses or buildings may supply and install the required floor or foundation wall insulation. If the floor or foundation wall insulation is not installed at the manufacturing facility, the manufacturer shall indicate on the Site Installation Inspection [Report] Checklist referenced in § 145.91(e) (relating to reports to the Department) that the insulation must be installed [on site] onsite.
(d) The provisions of the codes in subsection (a) that relate specifically to the interpretation, administration and enforcement of the codes and to matters which are not within the authority conferred on the Department by the act and this chapter are not adopted under this chapter and are not applicable in the administration and enforcement of this chapter. If there is an inconsistency or conflict between the provisions of a code adopted under this chapter and this chapter, this chapter will prevail.
(e) Only listed and labeled materials listed for use as documented shall be used in all construction.
§ 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) As an alternate to the ICC International Residential Code, Chapter 11, regarding energy efficiency, the manufacturer may use the appropriate edition of 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, regarding building planning, in regards to stairway construction, the manufacturer may use the following standard:
* * * * * (v) Handrails may project from each side of a stairway a distance of 3 1/2 inches into the required width of the stairway.
(3) As an alternate to the ICC International Building Code, Chapter 13, regarding energy efficiency, the manufacturer may use the appropriate edition of prescriptive methods for buildings or structures in the current version of the International Energy Conservation Code compliance guide containing state maps, prescriptive packages and related software published by the United States Department of Energy, Building Standards and Guidelines Program (COMcheckTM).
(b) Except as provided in § 145.43 (relating to amendment policy), the codes must be the latest edition. The effective date of code changes must be in accordance with §§ 145.44 and 145.122(b) (relating to adoption and effective dates—code amendments; and effective date).
CERTIFICATION § 145.51. General requirements for certification.
Industrialized housing [and], housing components, industrialized buildings or building components shall be certified if the building system documentation [for the industrialized housing or housing components] and the compliance assurance program relating to its design, materials, manufacture, transportation and installation have been approved by an evaluation agency under contractual arrangement with the Department as provided in § 145.78(b) (relating to contractual arrangements), and if the industrialized housing [or], housing components, industrialized buildings or building components have been manufactured under approved building system documentation [and an approved compliance assurance program], inspected and approved by an inspection agency. Certification shall be evidenced by insignia of certification which conform to the requirements of this chapter and which shall be issued for each [dwelling unit] module of industrialized housing, industrialized building and for each housing or building component or set of [housing] components that, upon installation, are incorporated in a [single-dwelling unit] dwelling unit or building as applicable.
§ 145.53. Variations.
Building system documentation approved under § 145.52 (relating to approval of building system documentation) may contain variations or a range of variations for one or more elements of the industrialized housing [or], housing components, industrialized buildings or building components described in the building system documentation, provided that the approved building system documentation conforms to all of the applicable requirements of the applicable codes and standards under each variation or set of variations within the range of variations. Any material deviation from variations contained within the approved building system documentation must be approved by the evaluation agency, consistent with this chapter, prior to the start of construction.
§ 145.54. Building System Approval Report and Summary.
At the time that an evaluation agency approves a set of building system documentation under § 145.52 (relating to approval of building system documentation) and the related compliance assurance program under § 145.57 (relating to approval of compliance assurance program), it [must] shall prepare a Building System Approval Report (BSAR) and a Building System Approval Summary. The BSAR [shall] must contain a list of the identification numbers of each sheet constituting the approved building system documentation, the Compliance Control Manual of the manufacturer, an Index of Code Compliance in the form specified by the Department for industrialized housing or buildings, a statement of the fire districts, if any, in which the industrialized housing or buildings can be installed, and the additional information relating to the building system documentation and the compliance assurance program as the evaluation agency deems necessary or as the Department may require. The Building System Approval Summary shall be prepared on a form furnished by the Department. The evaluation agency shall furnish to the Department and to the manufacturer one copy each of the BSAR and the Building System Approval Summary, clearly stating the date it is effective. The BSAR shall be revised monthly as needed.
§ 145.57. Approval of compliance assurance program.
An evaluation agency shall approve a compliance assurance program for purposes of this chapter if the evaluation agency determines that the manufacturer's compliance control program, described in the compliance control manual, meets the requirements of this chapter, and the compliance control program will be monitored by an approved inspection agency. The evaluation agency shall review the manufacturer's building system documentation, the manufacturer's compliance control manual and the manufacturer's proposed implementing contract with an inspection agency, shall inspect each of the manufacturer's manufacturing facilities where the industrialized housing [or], housing components, industrialized buildings or building components are to be manufactured for installation on sites in this Commonwealth, and shall review the other data and information as the evaluation agency may deem necessary.
§ 145.58. Basic requirements for a compliance control program.
(a) An evaluation agency shall approve a compliance control program if it determines that the implementation of the compliance control program will assure that the industrialized housing [or], housing components, industrialized buildings or building components, when installed at the site, will conform to the approved building system documentation, the manufacturer possesses the facilities, personnel and organization to implement its compliance control program properly, and the requirements of this section are met. It is the policy of the Department to recognize that the level of sophistication of a compliance control program of a manufacturer will depend on many factors, including the level of sophistication and technological characteristics of the building system and the manufacturing process. It is further the policy of the Department that the maximum respect shall be accorded to a manufacturer's customary business practice consistent with achievement of the purposes of the act and this chapter. It is further the policy of the Department that the approval of a compliance control program under this chapter does not relieve the manufacturer and the inspection agency of responsibility for assuring that industrialized housing [and], housing components, industrialized buildings or building components manufactured for sale, lease or installation for use on sites in this Commonwealth conform in every material respect to the approved building system documentation.
(b) To facilitate review and approval, the manufacturer's compliance control program shall present an overview of its policies and procedures on the following:
(1) The placement, storage and handling of construction materials.
(2) The manufacturing process within the manufacturing facilities, including the jigs and fixtures necessary for production.
(3) The storage and transportation of industrialized housing [and], housing components, industrialized buildings or building components to the site, including detailed lifting calculations.
(4) The installation of industrialized housing [and], housing components [at the site], industrialized buildings or building components at the site, including the Site Installation Inspection Checklist, referenced in § 145.91(e) (relating to reports to the Department), identifying specific functions and techniques that are of critical importance.
(c) For approval, except as modified under subsection (e), the compliance control program shall include requirements on the following items:
(1) Specific assignments of responsibility to designated divisions or [employes] employees of the manufacturer for every significant phase in the production, transportation and installation of the industrialized housing [or], housing components, industrialized buildings or building components.
(2) Procedures under which [employes] employees of the manufacturer inspect and approve each significant process in every significant phase of the manufacture, transportation and installation of the industrialized housing [or], housing components, industrialized buildings or building components.
(3) Procedures for marking identified deficiencies—such as serialized colored tags that can be attached to the deficiency—and for assuring their correction or the disposal of the deficient item.
(4) Procedures to assure that the fabrication or shop drawings for the industrialized housing [and], housing components, industrialized buildings or building components conform to the approved building system documentation or to the drawings approved by the third-party agency with whom the manufacturer has an implementing contract.
(5) Procedures to maintain, file and control fabrication or shop drawings and documents constituting the building system.
(6) Procedures to maintain complete and reliable records of the manufacture, transportation and installation of the industrialized housing [and], housing components, industrialized buildings or building components, each unit of which shall be assigned a manufacturer's serial number to facilitate identification.
(7) Procedures employed by the manufacturer to request, store and attach the insignia of certification issued to it by the Department under § 145.63 (relating to procedures for requesting, controlling and attaching insignia of certification).
(8) Procedures for controlling the storage and transportation of industrialized housing [and], housing components, industrialized buildings or building components from the manufacturing facilities to the site, identifying specific functions and techniques that are of critical importance.
(9) Procedures for controlling the installation of industrialized housing [and], housing components, industrialized commercial buildings or industrialized commercial building components at the site [, identifying specific functions and techniques that are of critical importance].
(10) A brief identification and description of physical testing to be performed at a point during a phase of manufacture, transportation and installation, the frequency of its performance, and the identification and qualifications of the persons performing the testing.
(d) The list of topics set forth in subsection (c) is not exclusive and is not intended to preclude additional items and greater details prior to approving a compliance control program.
(e) If a manufacturer transfers title to and effective control over its industrialized housing [or], housing components, industrialized buildings or building components to other, unrelated persons at a point prior to its installation at the site, the manufacturer shall be responsible for furnishing to the persons responsible for transportation and installation adequate information [and], manuals, checklists, Notices of Approval, and the like, relating to the transportation and installation of the industrialized housing [and], housing components, industrialized buildings or building components, including the relevant portions from its compliance control program referred to in subsections (c)(8)—(10), but the manufacturer may not be responsible for implementation after the transfer of title and effective control.
(f) An evaluation agency's approval of a compliance control program shall be evidenced by the stamp of approval of the evaluation agency affixed to the title page of the compliance control manual and signed and dated by a designated [employe] employee of the evaluation agency.
§ 145.60. Insignia of certification.
(a) Certified industrialized housing [constituting a single dwelling unit] must bear an insignia of certification for each module. The insignia of certification will be furnished by the Department to the manufacturer under the procedures of § 145.63 (relating to procedures for requesting, controlling and attaching insignia of certification). The manufacturer shall permanently attach the insignia of certification for each module adjacent to the data plate located in a visible location in a cabinet under the kitchen sink, or if this cabinet is not available, the location must be clearly identified on the Site Installation Inspection [Report] Checklist referenced in § 145.91(e) (relating to reports to the Department). Insignias may not be attached to doors or other easily removable features of the home. Each insignia of certification must bear an insignia serial number furnished by the Department and contain the following language:
INSIGNIA OF CERTIFICATION FOR INDUSTRIALIZED HOUSING
Serial No. This insignia certifies that this dwelling unit of industrialized housing has been manufactured from plans, specifications and other related design documents under a compliance assurance program in accordance with the requirements of the Industrialized Housing Act[, Title 35 of the Purdon's Pennsylvania Statutes Annotated, §§ 1651.1 to 1651.12,] and the regulations issued thereunder by the Department of Community and Economic Development of the Commonwealth of Pennsylvania.
(b) Each certified housing component or components comprising a [project in] single unit or added to a single dwelling unit must bear an insignia of certification for housing components. The insignia of certification [must] will be furnished by the Department to the manufacturer under the procedures of § 145.63. The manufacturer shall permanently attach the insignia of certification to the housing component in a visible location identified in the building system documentation and [in the Building System Approval Report] must be clearly identified on the Site Installation Inspection Checklist referenced in § 145.91(e). Each insignia of certification must bear an insignia serial number furnished by the Department and contain the following language:
INSIGNIA OF CERTIFICATION FOR HOUSING COMPONENTS
Serial No. This insignia certifies that this housing component has been manufactured from plans, specifications and other related design documents under a compliance assurance program in accordance with the requirements of the Industrialized Housing Act[, Title 35 of the Purdon's Pennsylvania Statutes Annotated, §§ 1651.1 to 1651.12,] and the regulations issued thereunder by the Department of Community and Economic Development of the Commonwealth of Pennsylvania.
(c) [Insignia of certification issued by the Department will be of a size and design and of materials and will provide for the methods of attachment as determined by the Department.] Certified industrialized commercial buildings must bear insignia of certification for each module. The insignia of certification will be furnished by the Department to the manufacturer under the procedures of § 145.63. The manufacturer shall permanently attach the insignia of certification for each module in a visible location adjacent to the electrical panel box. If this area is unavailable, the location must be clearly identified on the Site Installation Inspection Checklist referenced in § 145.91(e). The insignia may not be attached to a door or other easily removable feature of the building. Each insignia of certification must bear an insignia serial number furnished by the Department and contain the following language:
INSIGNIA OF CERTIFICATION FOR INDUSTRIALIZED COMMERCIAL BUILDINGS
Serial No. This insignia certifies that this industrialized building module has been manufactured from plans, specifications and other related design documents under a compliance assurance program in accordance with the requirements of the Industrialized Housing Act and the regulations issued thereunder by the Department of Community and Economic Development of the Commonwealth of Pennsylvania.
(d) Certified industrialized commercial building components, comprising a single building or unit, must bear insignia of certification for building components. The insignia of certification will be furnished by the Department to the manufacturer under the procedures of § 145.63. The manufacturer shall permanently attach the insignia of certification for each module in a visible location identified in the building system documentation and clearly identified on the Site Installation Inspection Checklist referenced in § 145.91(e). Each insignia of certification must bear an insignia serial number furnished by the Department and contain the following language:
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