§ 145.36. Applicability of locally-enacted codes and ordinances.
(a) Industrialized housing, housing components, industrialized buildings or building components bearing insignias of certification issued under this chapter 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 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, 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 adoption and effective dates—code amendments) for the fire district is applicable to the industrialized housing, 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 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 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).
Authority The provisions of this § 145.36 amended under section 5 of the Industrialized Housing Act (35 P.S. § 1651.5).
(Editor’s Note: See 53 Pa.B. 830 (February 11, 2023) and 54 Pa.B. 145 (January 13, 2024) for notices regarding implementation of this section.)
Source The provisions of this § 145.36 adopted July 12, 1974, effective July 13, 1974, 4 Pa.B. 1403; amended September 8, 1978, effective March 9, 1979, 8 Pa.B. 2524; amended September 22, 1978, effective March 9, 1979, 8 Pa.B. 2631; amended July 8, 1988, effective July 9, 1988, 18 Pa.B. 3040; amended November 4, 2016, effective November 6, 2017, 46 Pa.B. 6976. Immediately preceding text appears at serial pages (349242) to (349243).
Cross References This section cited in 12 Pa. Code § 145.81 (relating to responsibilities of local enforcement agencies).
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