RULES AND REGULATIONS
Title 12--COMMERCE, TRADE AND LOCAL GOVERNMENT
DEPARTMENT OF COMMUNITY AND
ECONOMIC DEVELOPMENT
[12 PA. CODE CH. 145]
Industrialized Housing and Components
[34 Pa.B. 6024] The Department of Community and Economic Development (Department), under the authority of section 5 of the Industrialized Housing Act (act ) (35 P. S. § 1651.15), amends Chapter 145 (relating to industrialized housing and components).
The purpose of the final-form rulemaking is to further clarify and strengthen the Department's and third parties' roles in monitoring the installation of industrialized housing; adopt the ''ICC International Building Code''; update definitions to bring them into conformance with current terminology and with proposed changes to the placement of insignia of certification; place the determination regarding the frequency of inspection reports on the inspection agency; require manufacturers to ensure that instructions for installation are given to those installing industrialized housing; and increase the fees charged by the Department to offset increases in the cost of administering and enforcing the industrialized housing program.
Introduction
The act authorizes the Department to establish 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 communities in this Commonwealth. The purpose of this final-form rulemaking is to ensure that industrialized housing and housing components intended for sale, lease or installation for use in this Commonwealth will be manufactured, transported and installed onsite in compliance with the uniform standards in this final-form rulemaking.
The Department received comments from the Modular Building Systems Association (Association) and the Independent Regulatory Review Commission (IRRC). The Association voiced concerns that amendments to § 145.53 (relating to variations) could be interpreted to require a third party to review and approve plans for every model that goes on line. This was not the Department's intent and the language has been revised to clarify that only material deviation from variations contained within the approved building system documentation have to be approved prior to the start of construction.
IRRC voiced several concerns. The first involved an exception added to § 145.36 (relating to applicability of locally-enacted codes and ordinances) which would have permitted the final-form rulemaking to apply to local codes, ordinances or regulations where local codes, ordinances or regulations would preclude the siting of industrialized housing in a manner that does not show a reasonable relationship to legitimate public health, safety or welfare considerations. Because this exception was added for the sole purpose of alerting consumers and local governments that these preclusions are unconstitutional, the Department has removed this exception, even though the Department is confident that it has the statutory authority to create such an exception based upon the decision rendered in Geiger v. Zoning Hearing Board of the Township of North Whitehall, 507 A.2d 361 (1986).
The second concern was the same as that voiced by the Association. The third involved a perceived failure on the part of the Department to set criteria to be used to judge ''in a manner and frequency necessary'' in § 145.72a (relating to frequency of inspections), as well as the lack of a specified time frame for production of onsite inspection documentation. In response to these concerns, the Department has added language referencing the criteria in § 145.72a(e), as well as language indicating that the onsite inspection documentation shall be provided within 30 days of the Department's request for the information.
The final concern involves the deletion of the word ''shall'' and the insertion of the words ''may be required to'' in § 145.94(e) (relating to fees) and the necessity of the unchanged language in § 145.94(f). In response, the Department has changed the language back to its original state so that the payment is now mandatory, but has decided that the language in § 145.94(f) should remain.
Additionally, the Department received some informal comments from the Department of Labor and Industry (L & I). L & I's first concern involved a possible conflict between the stair geometry provided for in sections 301(a)(6) and 304(a)(2) of the Pennsylvania Construction Code Act (35 P. S. §§ 7210.301(a)(6) and 7210.304(a)(2)) and that which is permitted under this final-form rulemaking, even though the current amendment to this final-form rulemaking did not change the stair geometry requirement for industrialized housing. This issue has been resolved because the Pennsylvania Construction Code Act has been amended by the act of February 19, 2004 (P. L. 141, No. 13) to provide for the same stair geometry as specified in the industrialized housing regulations. L & I's next concern involved the inclusion of the ''ICC International Building Code'' in § 145.41(a)(1) (relating to adoption of standards) as the ICC does not apply to residential construction. ''Industrialized housing'' is defined as a structure primarily for residential occupancy and classified within Use Group R. ''Use Group R'' is defined in the ICC as including boarding houses, hotels and motels. The ''ICC International Building Code'' sets the requirements for these structures. L & I requested that the Department incorporate the ''International Residential Code for One and Two Family Dwellings'' into this final-form rulemaking. The ''International Residential Code for One and Two Family Dwellings'' is already incorporated in § 145.42 (relating to alternate standards).
L & I's last concern was that this final-form rulemaking should include reference to the ''Uniform Construction Code'' in the definition of ''building system documentation'' in § 145.1 (relating to definitions) and in § 145.36. The act and this final-form rulemaking do not preclude the activities provided for in the ''Uniform Construction Code'' such as permitting and inspection, alterations, repairs or additions to the industrialized housing unit after delivery to the site and connection to required utilities. However, blanket citation of the ''Uniform Construction Code'' could be a cause of confusion. Activities not addressed in these regulations are subject to the ''Uniform Construction Code.'' For the previous reasons, none of L & I's concerns resulted in changes to this final-form rulemaking as proposed.
Analysis
Section 145.1 is amended to include within the definition of ''building system documentation'' the installation component; to delete the term ''mobile home'' and replace it with the updated term ''manufactured home''; to add the term ''module'' which permits the further delineation of the broader term ''industrialized housing''; and to include a definition for the acronym ''ICC.''
The proposal to amend § 145.36 has been withdrawn. The language originally proposed attempted to prevent local authorities from prohibiting the installation of industrialized housing unless the local authorities show a legitimate threat to the public health, safety or welfare.
Section 145.41 is amended to recognize the adoption of the ''ICC International Building Code'' and to further control the identification of materials used in the construction of industrialized housing.
Section 145.42 is amended to recognize the adoption of the ''ICC International Residential Code.''
Section 145.47 (relating to acquisition of adopted codes and amendments) is amended to add the address from which copies of the ICC codes can be obtained.
Section 145.53 is amended to include a requirement that 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.
Section 145.60 (relating to insignia of certification) is amended to require insignia of certification on each module of industrialized housing, rather than requiring only one insignia of certification for the entire industrialized housing structure. Under the existing regulations, one fee is paid regardless of the size of the structure. The final-form rulemaking evenly distributes the cost based upon the number of modules used in the industrialized housing structure. The larger the structure, the larger the fee.
Section 145.61 (relating to insignia of inspection agencies) is amended to require inspection agency to attach insignia of certification on each module of industrialized housing.
Section 145.62 (relating to data plates) is amended to reflect the existence of multiple insignia of certification numbers to be affixed to the data plate in an industrialized housing structure.
Section 145.72a(d) is amended to replace the minimum required number of inspections to be made by inspection agencies with a subjective determination, based on factors established in § 145.72a(e), to be made by the inspection agencies and to include a requirement that documentation of onsite inspections be on file in each manufacturing facility and be provided to the department within 30 days of the Department's request for such documentation.
Section 145.82 (relating to issuance of building permits) is amended to require, among other things, that the application for a building permit be consistent with the approved building system documentation.
Section 145.91 (relating to reports to the Department) is amended to require the preparation and submission of a site installation inspection report, which form will now be required to be furnished by the manufacturer as part of their approved compliance control program, for all installations of industrialized housing or housing components for use on a site in this Commonwealth. This report is currently required only when installation occurs on a site in this Commonwealth without a local enforcement agency.
Section 145.94 is amended to: increase the fees charged by the Department for the industrialized housing program; delete proposed language which would have given the Department the discretion not to charge fees where the Department is authorized to monitor, inspect or evaluate industrialized housing; and delete the ''$15 per housing component produced'' fee for inspection and follow-up services.
Fiscal Impact
Commonwealth. Increased fees generated from this final-form rulemaking will allow the Department to continue to effectively administer and enforce the industrialized housing program. Funds are currently insufficient to run the program.
Political Subdivisions. None.
Public. Evaluation and inspection agencies will be required to pay higher application and reapproval fees. Manufacturers will be required to pay higher fees for insignia of certification for each module of industrialized housing and housing components. However, the current fees are low in comparison to other states and have not been increased since 1979.
Paperwork
The final-form rulemaking will require persons installing industrialized housing to prepare and submit a site installation inspection report in all cases, not just in jurisdictions without local enforcement.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on August 9, 2002, the Department submitted a copy of the notice of proposed rulemaking, published at 32 Pa.B. 5075 (October 12, 2002), to IRRC and the Chairpersons of the House Commerce and Economic Development Committee and the of the Senate Community and Economic Development Committee for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the House and Senate Committees and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on August 25, 2004, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on August 26, 2004, and approved the final-form rulemaking.
Effective Date/Sunset Date
The final-form rulemaking will take effect upon publication in the Pennsylvania Bulletin. The final-form rulemaking will be monitored on a regular basis and updated as needed.
Contact Person
For an explanation of the final-form rulemaking, contact Jill Busch, Deputy Chief Counsel, Office of Chief Counsel, Department of Community and Economic Development, Commonwealth Keystone Building, 4th Floor, Harrisburg, PA 17120-0225, (717) 720-7314.
Findings
The Department finds that:
(1) Public notice of intention to adopt the amendments adopted by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202), and the regulations thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) The amendments are necessary and appropriate.
Order
The Department, acting under the authorizing statute, orders that:
(a) The regulations of the Department, 12 Pa. Code Chapter 145, are amended by amending §§ 145.1, 145.41, 145.42, 145.47, 145.53, 145.60--145.62, 145.72a, 145.82, 145.91 and 145.94 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(b) The Department shall submit this order and Annex A to the Office of Attorney General and the Office of General Counsel for approval as to legality as required by law.
(c) This order shall take effect upon publication in the Pennsylvania Bulletin.
DENNIS YABLONSKY,
Secretary(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 34 Pa.B. 5019 (September 11, 2004).)
Fiscal Note: Fiscal Note 4-72 remains valid for the final adoption of the subject regulations.
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:
* * * * * 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).
* * * * * Housing component--A manufactured subsystem or subassembly, designed for use as an integral component part of a structure designed primarily for residential occupancy, which contains concealed parts or processes of manufacture that cannot be inspected at the site without disassembly, damage or destruction and which is identified in § 145.35 (relating to applicability of Fire and Panic Act) as being subject to this chapter.
Housing structure--A structure designed primarily for residential occupancy.
ICC--International Code Council.
* * * * * Manufactured home--
(i) A structure, transportable in one or more sections, which, in the traveling mode, is 8 body feet or more in width or 40 body feet or more in length, or when erected onsite, is 320 or more square feet, 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 includes the plumbing, heating, air-conditioning and electrical systems contained therein.
(ii) The term includes any structure which meets the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of Housing and Urban Development and complies with the standards established under the National Manufactured Home Construction and Safety Standards Act of 1974 (42 U.S.C.A. §§ 5401--5426).
(iii) The term does not include any self-propelled recreational vehicle.
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.
Module--Each section of an industrialized housing structure which is fabricated in the manufacturing facility to be separately transported to the building site.
* * * * *
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).
(2) The ICC International Mechanical Code.
(3) The ICC International Plumbing Code.
(4) The National Electrical Code (NFPA No. 70).
(b) Except as provided in § 145.43 (relating to amendment policy), the codes shall be the latest edition including supplements. The effective date of all code changes or supplements shall 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 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 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) 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.
(f) 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) 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.
(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).
§ 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
Suite 708
Falls Church, Virginia 22041-3401.(b) Copies of the National Electrical Code, adopted under §§ 145.41 and 145.42 (relating to adoption of standards; and alternate standards), including supplements, may be obtained from:
National Fire Protection Association
Battery March Park
Quincy, Massachusetts 02269(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) 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 § 145.53. 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 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.
§ 145.60. 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 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). 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 must bear an insignia of certification. 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.(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.
§ 145.61. Insignia of inspection agencies.
(a) The inspection agency shall attach its label, seal or other insignia 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.
(c) The label, seal or other insignia of the inspection agency must identify the name and address of the inspection agency and have a serial number. In other respects, the inspection agency may design its label, seal or other insignia as it wishes, provided that the label, seal or other insignia does not contain statements which the Department determines are inconsistent with the act or this chapter. Each label, seal or other insignia must be attached in a clearly visible location to the housing component or element of the industrialized housing or housing component, as applicable, by the time of its arrival at the building site, but the label, seal or other insignia may be covered up during the process of assembly and installation at the building site so that it is not permanently visible.
§ 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. 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:
(1) Name of manufacturer.
(2) Address of principal office of manufacturer.
(3) Address of manufacturing facility where the industrialized housing or its principal elements were produced.
(4) Manufacturer's model name.
(5) Manufacturer's serial number for dwelling unit and date of manufacture.
(6) Inspection and evaluation agencies' serial numbers.
(7) Department insignia of certification numbers.
(8) Serial or other identifying numbers of each module of industrialized housing.
(9) Minimum Btu output of furnace needed to maintain average 70°F interior temperature at outside design temperature of _____ F.
(10) Annual degree days for which the house has been designed.
(11) Snow loads--maximum.
(12) Wind loads--maximum.
(13) Floor loads--maximum, sleeping/nonsleeping.
(14) Other special environmental factors.
(15) Tests required and actually conducted.
(b) A housing structure containing certified housing components shall 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 plans for the housing structure. The insignia of certification of the Department may not be attached to the data plate. The data plate must contain, but not be limited to, the following information relating to the housing components:
(1) Name of manufacturer.
(2) Address of principal office of manufacturer.
(3) Address of manufacturing facility where housing components were produced.
(4) Manufacturer's model name.
(5) Manufacturer's serial number for housing components.
(6) Inspection and evaluation agencies' serial numbers.
(7) Serial number of Department's insignia of certification attached to each housing component.
(8) Snow loads--maximum.
(9) Wind loads--maximum.
(10) Other special environmental factors, if applicable.
(11) Applicable codes, including name of code, edition, year of publication and applicable supplement, if any.
(12) Date data plate attached to dwelling unit.
(13) Tests required and actually conducted.
(c) Additional information may be included on the data plate for dwelling units of certified industrialized housing and housing structures containing certified housing components if there is no conflict with the requirements of the act or this chapter. If less than the minimum data required in this section is deemed necessary, prior approval shall be obtained from the Department.
(d) To insure that proper installation equipment is utilized for the lifting of industrialized housing units or housing components, a manufacturer shall indicate on the data plate the total shipping weight in tons per component.
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.
(b) In carrying out its monitoring responsibilities under §§ 145.72(1), an inspection agency shall inspect every major subsystem of every dwelling unit produced which is to bear the insignia of certification when the inspection agency label is not being attached to every dwelling unit produced in the factory.
(c) An inspection agency's monitoring responsibilities under § 145.72(1) and (2) shall include the periodic 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.
(d) In carrying out its monitoring responsibilities under § 145.72(1) and (2) an inspection agency shall inspect industrialized housing at the site after installation is complete in a manner and frequency, consistent with factors set forth in subsection (e), necessary to confirm that the manufacturer's approved compliance control program is effective in assuring installation consistent with the manufacturer's approved building system documentation. Documentation of the onsite inspections must be on file in each manufacturing facility and be provided to the Department within 30 days of the Department's request for the documentation.
(e) The minimum frequency of inspection requirements of this section are not intended to substitute for the professional judgment of an inspection agency in determining whether a greater frequency of inspections is necessary to discharge its responsibilities properly. Factors that should be considered in establishing an appropriate frequency of inspection level for any manufacturer are the production volume of the factory, the design complexity of the dwelling units, the qualifications of the manufacturer's compliance control personnel and the experience record of the manufacturer.
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 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.
(b) The local enforcement agency may not withhold the issuance of a building permit for certified industrialized housing or a housing structure in which will be installed certified housing components if the applicant submits the documents required by this section, and the application for a building permit complies with applicable locally-enacted codes and ordinances with regard to set-up and site details, consistent with the approved building system documentation.
ADMINISTRATIVE PROVISIONS § 145.91. Reports to the Department.
(a) The Department is authorized to require that evaluation agencies, inspection agencies and manufacturers with approved building system documentation shall prepare and submit to the Department regular periodic reports regarding their activities relating to industrialized housing and housing components falling within the scope of the act and this chapter. These reports shall be promptly filed with the Department on forms and at times the Department may specify.
(b) The Department is authorized to require that evaluation agencies, inspection agencies and manufacturers with approved building system documentation shall promptly furnish to the Department the special reports and other information as the Department may require which relate in any way to the administration and enforcement of the act and this chapter.
(c) Evaluation agencies and inspection agencies are required to notify the Department of the following:
(1) A change of facts which would render inaccurate in material respect their application for approval submitted to the Department under § 145.75 (relating to procedures for obtaining approvals of evaluation and inspection agencies), as updated by the latest application for reapproval submitted to the Department under § 145.76 (relating to reapprovals of third-party agencies), as provided more particularly in § 145.75(e).
(2) A fact or circumstance of which the third-party agency has actual knowledge which could lead a reasonable person to believe that a manufacturer, third-party agency or other person in violating the act or this chapter, the notification to be promptly given to the Department.
(d) Manufacturers with approved building system documentation are required promptly to notify the Department of any fact or circumstance of which the manufacturer has actual knowledge which could lead a reasonable person to believe that a third-party agency or other person is violating a provision of the act or of this chapter.
(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 a Site Installation Inspection Report on a form furnished by the manufacturer as part of their 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 and instructions as to its intended use.
§ 145.94. Fees.
(a) A person submitting an application to the Department under § 145.75(a) (relating to procedures for obtaining approvals of evaluation and inspection agencies) for approval as an evaluation agency or inspection agency shall pay a fee of $1,000. If the person seeks approval as both an evaluation agency and an inspection agency, the combined fee shall be $2,000.
(b) A third-party agency submitting an application to the Department under § 145.76 (relating to reapprovals of third-party agencies), for reapproval as an evaluation agency or inspection agency shall pay a fee of $500. If the person seeks reapproval as both an evaluation agency and an inspection agency, the combined fee shall be $1,000.
(c) Each manufacturer requesting the Department under § 145.63 (relating to procedures for requesting, controlling and attaching insignia of certification) to issue insignia of certification shall pay a fee of $40 for the insignia of certification for each module of industrialized housing.
(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.
(e) When the Department is authorized to monitor or inspect under § 145.93 (relating to factory inspections; right of entry) or otherwise, or provide evaluation or inspection services, or both, under § 145.70 (relating to Departmental evaluation and inspection), the manufacturer shall pay to the Department the following fees:
(1) Engineering services--$400 per day or $60 per hour.
(2) Administrative services--$175 per day or $25 per hour.
(3) Travel and per diem expenses--current Commonwealth travel and per diem expenses.
(f) The Department may establish reasonable handling and other administrative fees as indicated elsewhere in this chapter, subject to the stated limitations in amount.
(g) Fees paid to the Department under this chapter are nonrefundable except as otherwise specifically set forth in this chapter. Fees must be paid by check or money order.
[Pa.B. Doc. No. 04-1994. Filed for public inspection November 5, 2004, 9:00 a.m.]
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