PROPOSED RULEMAKING
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
[ 12 PA. CODE CH. 145 ]
Industrialized Housing
[39 Pa.B. 4423]
[Saturday, August 1, 2009]The Department of Community and Economic Development (Department), under section 5 of the Industrialized Housing Act (act) (35 P. S. § 1651.5), proposes to amend 12 Pa. Code by revising Chapter 145 (relating to industrial housing and components). The purpose of the proposed rulemaking is to further clarify and strengthen the Department's and third-party's role in monitoring the production of industrialized housing; to eliminate redundant requirements; to update definitions to conformance with current terminology; to provide builders and code officials with documentation to clearly identify the manufacturer as approved to produce industrialized housing.
Introduction
The act established uniform State standards and procedures for the identification, inspection of manufacture and assembly, and certification of industrialized housing and those components forming integral parts of housing structures for use in all communities in this Commonwealth, and reciprocity in the recognition of certification of the industrialized housing and housing components, as standards for performance of industrialized housing and housing components are developed and adopted by the United States Department of Housing and Urban Development, other states, and the Commonwealth. The act authorized the Department to promulgate and amend rules and regulations to interpret and make specific the provisions of the act. The purpose of the proposed rulemaking is to update the regulations to bring them into conformance with current industry standards, codes and practices.
Analysis
Section 145.1 (relating to definitions) has been amended to update the definitions of ''industrialized housing'' and ''residential occupancy'' to reflect the changes in the use and occupancy groups as defined by the International Building Code; remove the definitions of ''BOCA'' and ''CABO'' as both are obsolete terms; add a definition of the term ''Notice of Approval'' which has been included into the regulations in § 145.82 (relating to issuance of building permits); and add a definition for the term ''Site Installation Inspection Report Form'' that has been required under § 145.91(e) (relating to reports to the Department) but not defined.
Section 145.33 (relating to manufactured homes excluded) has been expanded to provide clarity in regards to excluding industrialized homes from the Federal program for manufactured housing in an effort to assure that both consumers and local zoning and code officials are clear as to the type of housing product with which they are dealing.
Section 145.34 (relating to housing components) has been amended to reflect the current industry terminology for structural insulated panel which in the past was referred to as a sandwich panel.
Section 145.41(c) (relating to adoption of standards) has been amended to eliminate the need for duplicative paper work. By addressing floor insulation in the Site Installation Inspection Report Form (§ 145.91(e)), the Assignment of Responsibility Form is no longer needed and eliminates a redundant paperwork burden from the manufacturers.
Section 145.47 (relating to acquisition of adoption codes and amendments) has been amended to correct the address for the International Code Council; eliminate the reference to BOCA and CABO as these organizations no longer exist; and include information for the Pennsylvania Housing Research/Resource Center.
Section 145.54 (relating to building system approval report and summary) has been amended to require the manufacturer to revise the Building System Approval Report monthly if needed. Current regulation requires this report be updated every 2 years, which severely undermines the ability to effectively monitor the quality process at the manufacturing facility.
Sections 145.60 and 145.61 (relating to insignia of cerification; and insignia of inspection agencies) have been revised to reflect the current industry practice of placing required insignias of certification and inspection agency insignias under the kitchen sink.
Section 145.62 (relating to data plates) has been amended to require the applicable code and edition be included on the data plate. This will correct an omission from the current regulations as this information is always provided by the industry as a practical matter in spite of the omission in the regulations.
Section 145.63 (relating to procedures for requesting, controlling and attaching insignia of certification) has been revised to allow for electronic reporting to the Department and to achieve consistency with the reporting process established by other states.
Section 145.72(a) (relating to frequency of inspections) has been amended to provide clarity to the current factory certification process which is confusing and as a result misapplied. The revised process is consistent with the process used by other states. Additionally, the requirement for periodic inspection for storage and transportation methods and facilities has been clarified to require a monthly inspection.
Section 145.78(e) (relating to contractual arrangements) has been added to require a factory to seek approval from the Department prior to changing from one third-party agency to another. This will allow third-party agencies who provide inspection and evaluation services to the factories, to operate free from fear of losing a client as a result of enforcing this proposed rulemaking.
Section 145.82 has been amended to require the Notice of Approval (see § 145.1) be included with the other documentation needed to receive a building permit from the local enforcement agency. This Notice of Approval is similar to notices required by our neighboring states and serves to eliminate confusion regarding the type of housing being installed.
Section 145.91 has been amended to allow for electronic submission of the Site Installation Inspection Report Form and require that manufacturer receive this form as opposed to the inspection agency. The inspection agency has no relationship with the person installing the industrialized home and as a result compliance with this requirement was weak.
Section 145.94 has been amended to recognize the industrialized housing components are more logically addressed as projects as opposed to individual pieces.
Fiscal Impact
No fiscal impact to the Commonwealth, political subdivisions and the public.
Paperwork
The proposed rulemaking does not impose new or different paperwork requirements. The Assignment of Responsibility Form that was required prior to shipment of every industrialized home is no longer required. Insignia reporting, which all agreed was cumbersome and confusing, has been streamlined consistent with the reporting required by other states. The existing requirement for the Site Installation Inspection Report Form to be submitted to the third-party agencies was unenforceable. The new requirement, that the form be returned to the manufacturer, is more logical and adds value to the process.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the agency submitted a copy of this proposed rulemaking on July 20, 2009, to the Independent Regulatory Review Commission (IRRC), the Chairperson of the House Urban Affairs Committee and the Chairperson of the Senate Community, Economic and Recreational Development Committee (Committees). In addition to submitting the proposed rulemaking, the agency has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the agency in compliance with Executive Order 1982-2, ''Improving Government Regulations.'' A copy of this material is available to the public upon request.
If IRRC has any objections to any portion of the proposed rulemaking, it will notify the agency by August 31, 2009. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the regulations, by the agency, the General Assembly and the Governor of objections raised.
Effective Date/Sunset Date
(a) The regulations will become effective by August 31, 2009.
(b) This proposed rulemaking is monitored on a regular basis and updated as needed
Contact Person
Interested persons are invited to submit in writing, by August 31, 2009, any comments, suggestions or objections regarding the proposed regulation to Mark Conte, Chief, Housing Standards Division, Department of Community and Economic Development, Commonwealth Keystone Building, 400 North Street, 4th Floor, Harrisburg, PA 17120, (717) 720-7416.
JOHN P. BLAKE,
Acting SecretaryFiscal Note: 4-91. 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:
* * * * * [BOCA--The Building Officials and Code Administrators International, Incorporated.]
* * * * * [CABO--The Council of American Building Officials.]
* * * * * Industrialized housing--
(i) A structure designed primarily for residential occupancy[, and classified within Use Group R] or classified within Residential Group R in accordance with the standards adopted under § 145.41 (relating to adoption of standards) 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).
* * * * * Notice of Approval--A notice issued by the Department to each manufacturer of industrialized housing or housing 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.
* * * * * Residential occupancy--Occupancy of a structure or building, or part thereof, classified as a one or two family dwelling, townhouse or within [Use] 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 the various aspects of construction that must be completed on site by the builder or contractor, that when properly completed will result in a conforming home.
* * * * *
SCOPE § 145.33. Manufactured homes excluded.
(a) Manufactured homes which are subject to sections 604 and 625 of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C.A. §§ 5403 and 5424) and the regulations issued thereunder by the United States Department of Housing and Urban Development are not subject to this chapter.
(b) The following language must appear in the installation documentation provided with the industrialized home and the data plate:
The manufacturer certifies that the structure (insert serial number) is not a manufactured home subject to the provisions of the National Manufactured Housing Construction and Safety Standards Act and is(1) designed only for erection or installation on a site built permanent foundation(2) not designed to be moved once so erected or installed(3) designed and manufactured to comply with (insert applicable standards)(4) to the manufacturer's knowledge not intended to be used other than on a site-built permanent foundation.§ 145.34. Housing components.
Housing components which are subject to this chapter are utility core units, closed panels [and], sandwich panels and structural insulated panels.
STANDARDS § 145.41. Adoption of standards.
* * * * * (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 may supply and install the required floor or foundation wall insulation. [If the 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 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 builder or contractor-installed floor or foundation wall insulation. Assignment of responsibility 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):
BUILDER NAME: __________
CUSTOMER NAME: __________
MODEL: __________
SERIAL NO.: __________
_________________ Date: __________
AUTHORIZED SIGNATURE
BUILDER, CONTRACTOR
(TO BE COMPLETED AND RETURNED TO THE ABOVE ADDRESS WITH SIGNED CONFIRMATION.)]
If the floor or foundation wall insulation is not installed at the manufacturing facility, the manufacturer shall indicate on the Site Installation Inspection Report referenced in § 145.91(e) (relating to reports to Department) that the insulation must be installed on site.
* * * * * § 145.47. Acquisition of adopted codes and amendments.
(a) Copies of the ICC International Building Code, ICC International Residential Code, ICC International Mechanical Code and ICC International Plumbing Code adopted under §§ 145.41 and 145.42 (relating to adoption of standards; and alternate standards) may be obtained from:
International Code Council
[5203 Leesburg Pike
500 New Jersey Avenue, NW
Suite 708
Falls Church, Virginia 22041-3401]500 New Jersey Avenue
NW 6th Floor
Washington, DC 20001-2070.* * * * * (c) [Copies of the 1993 BOCA National codes adopted in part under § 145.41, may be obtained from:
Building Officials and Code
Administrators International, Inc.
4051 West Flossmoor Road
Country Club Hills, Illinois 60477(d) Copies of other alternate standards adopted under § 145.42, including supplements, may be obtained from:
Standard Address CABO One and Two
Family
Dwelling Code
(1992 edition)Building Officials and Code
Administrators International, Inc.
4051 West Flossmoor Road
Country Club Hills, Illinois 60477(e)] Copies of Pennsylvania's Alternative Residential Energy Provisions adopted under § 145.42 may be obtained from:
Pennsylvania Housing Research/Resource Center
The Pennsylvania State University
219 Sackett Building
University Park, PA 16801(d) The Department will provide, on request, a copy of currently applicable amendments of and additions to codes which are adopted under this chapter and are not published by NFPA, [BOCA,] ASHRAE or NCSBCS, as the case may be. The Department may charge a reproduction and handling fee not to exceed $25, plus applicable postage, for each set of amendments and additions.
CERTIFICATION § 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 [shall] must prepare a Building System Approval Report (BSAR) and a Building System Approval Summary. The BSAR shall 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, a statement of the fire districts, if any, in which the industrialized housing 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 [every 2 years to reflect changes made in the manufacturing process] monthly as needed.
§ 145.60. Insignia of certification.
(a) Certified industrialized housing constituting a single dwelling unit 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 (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 the utility room or utility area or other area identified in the building system documentation and in the Building System Approval Report as provided in § 145.62(a) (relating to data plates)] 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 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 a single dwelling unit must bear an insignia of certification for housing components. The insignia of certification must 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. Each insignia of certification must bear an insignia serial number furnished by the Department and [shall] 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. [If the size, shape or other physical characteristic of the housing component make impractical the use of such insignia of certification, the Department may specify such alternative forms of insignia as may be appropriate.]* * * * * § 145.61. Insignia of inspection agencies.
(a) The inspection agency shall attach to a housing component its label, seal or other insignia adjacent to the data plate for each industrialized housing module.
(b) The inspection agency shall attach its label, seal or other insignia or other identification [to each housing component which is transported to the building site for installation in a housing structure and to each separate element, if any, of the housing component which is transported to the building site for assembly and installation] for certified housing components comprising a project in a single dwelling unit.
* * * * * § 145.62. Data plates.
(a) A dwelling unit of certified industrialized housing must contain a data plate. The data plate shall be furnished by the manufacturer and be permanently attached by the manufacturer in a visible location [in the utility room or utility area, if feasible, and otherwise in other areas identified in the building system documentation] as specified in § 145.60(a) (relating to insignia of certification). The data plate must contain sufficient space to permit the attachment of insignia of certification as provided in § 145.60(a) (relating to insignia of certification) and of the label, seal or other insignia of the inspection agency as provided in § 145.61(a) (relating to insignia of inspection agencies). The data plate must contain, but not be limited to, the following information:
* * * * * (16) Applicable codes, including name of code, edition or year of publication.
* * * * * § 145.63. Procedures for requesting, controlling and attaching insignia of certification.
* * * * * (b) The manufacturer shall entrust the custody of the insignia of certification received from the Department only to [employes] employees designated in the compliance control program as responsible for the custody and control of the insignia of certification. The manufacturer shall attach the insignia to dwelling units of industrialized housing or to housing components only in the circumstances prescribed in the compliance control program and only with the prior specific authorization from the inspection agency. The manufacturer shall attach the insignia of certification in the manner specified by the Department intended to assure that the insignia cannot be removed without destroying the insignia. The manufacturer shall promptly record the attachment of each insignia of certification on the Insignia of Certification Inventory Control List. A copy of the Insignia of Certification Inventory Control List, with all columns filled out by the manufacturer [to the extent of its knowledge], shall be sent by the manufacturer to the Department and to the inspection agency promptly following the use of all the [insignia] insignias listed on the list [or 3 months after receipt of the list from the Department, whichever occurs first]. The manufacturer shall report to the Department and to the inspection agency the status of all insignias issued to them on a monthly basis, utilizing a method approved by the Department.
* * * * *
THIRD-PARTY AGENCIES § 145.72a. Frequency of inspections.
(a) In carrying out its monitoring responsibilities under § 145.72[(1) and (2)] (relating to responsibilities of inspection agencies), an inspection agency shall observe the following minimum frequency of inspection requirements: [for factory inspections when the inspection agency label is being attached to every dwelling unit produced in the factory:
(1) The inspection agency shall inspect each major subsystem of each unit produced by the factory during its start-up period or during the inspection agency's initial work at the factory.
(2) At any time after a minimum of ten complete units have been inspected as required by paragraph (1), the inspection agency may reduce the frequency of inspection, but not to less than a 20% frequency of inspection level. A ''20% frequency of inspection'' means that the inspection agency will inspect either one complete dwelling unit (including four major subsystems) out of every five dwelling units produced or one-fifth of major subsystems approximately evenly distributed among a larger sampling of dwelling units, that is 20 major subsystems in 25 dwelling units of production.]
(1) During the inspection agency's initial work at the factory or after revocation under § 145.67 (relating to revocation of certification of industrialized housing and housing components), the inspection agency shall monitor the manufacturers approved compliance control program by inspecting industrialized homes throughout every work station, until it can be certified that the manufacturer is producing conforming homes on an ongoing basis.
(2) At a minimum, ten industrialized homes shall be inspected at every work station prior to granting the manufacturer authority to receive and attach insignias of certification for industrialized housing. At least one home through this certification process must be an industrialized house or housing component destined for a site in this Commonwealth.
* * * * * (c) An inspection agency's monitoring responsibilities under § 145.72(1) and (2) [shall] include the [periodic] monthly inspection of the storage and transportation methods and facilities employed by or on behalf of the manufacturer for as long as the manufacturer retains title to or effective control over the dwelling units to insure that the units are not altered from the manner in which they were approved.
* * * * * § 145.78. Contractual arrangements.
* * * * * (e) A manufacturer of industrialized housing or housing components operating under an implementing contract with an approved evaluation agency and an approved inspection agency, who wishes to enter into an implementing contract with a different evaluation or inspection agency, shall provide justification and receive approval from the Department prior to entering into the new contract.
LOCAL ENFORCEMENT AGENCIES § 145.82. Issuance of building permits.
(a) A person seeking a building permit from a local enforcement agency for industrialized housing or a housing structure in which will be installed housing components shall furnish a current Notice of Approval and a statement signed by the person seeking the building permit or, if a corporation, by an officer or authorized representative of the corporation, that the work to be performed under the building permit will include the installation of certified industrialized housing or certified housing components, bearing the insignia of certification issued by the Department under the act and this chapter.
* * * * *
ADMINISTRATIVE PROVISIONS § 145.91. Reports to the Department.
* * * * * (e) A person installing industrialized housing or housing components for use on a site in a jurisdiction in this Commonwealth shall prepare and [mail to the inspection agency] return to the manufacturer a Site Installation Inspection Report on a form furnished by the manufacturer as part of [their] the approved compliance control program. The manufacturer is responsible for furnishing to the person performing the installation a copy of the Site Installation Inspection Report [form] Form and instructions as to its intended use.
§ 145.94. Fees.
* * * * * (d) Each manufacturer requesting the Department under § 145.63 to issue insignia of certification for housing components shall pay a fee of $40 for each housing component which will bear insignia of certification. [The fee payable under this subsection for housing components to be installed in a single-dwelling unit may not exceed $100.]
* * * * *
[Pa.B. Doc. No. 09-1372. Filed for public inspection July 31, 2009, 9:00 a.m.]
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