RULES AND REGULATIONS
Title 12—COMMERCE, TRADE AND LOCAL GOVERNMENT
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
[ 12 PA. CODE CH. 149 ]
Manufactured Housing Improvement Program
[44 Pa.B. 488]
[Saturday, January 25, 2014]
The Department of Community and Economic Development (Department), under the authority in section 5 of the Manufactured Housing Improvement Act (act) (35 P. S. § 1658.5), amends Chapter 149 (relating to Manufactured Housing Improvement Program). The purpose of this final-form rulemaking is to establish an installation and construction standard for relocated manufactured homes being installed in this Commonwealth.
The National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C.A. §§ 5401—5426) was amended in 2000 to ensure uniform and effective enforcement of Federal safety standards for the installation of manufactured homes and to require that states implement an installation program. The Pennsylvania Construction Code Act (35 P. S. §§ 7210.101—7210.1103) governs the construction, alteration, repair and occupancy of all buildings in this Commonwealth. The act was passed in 2004 to regulate the installation of manufactured housing and amended in 2012 to expand the coverage of the act to relocated manufactured housing. The amendments to the act require the Department to promulgate regulations to establish an installation and construction (habitability) standard for manufactured homes previously installed that are now being relocated to a site in this Commonwealth. There were not clear standards for the manufactured housing industry or local code officials to follow for proper handling of relocated manufactured homes. This final-form rulemaking will enable the Department to develop and publish these standards or guides.
The Department received comments from the Independent Regulatory Review Commission (IRRC) requesting additional information and clarification on several responses on the Regulatory Analysis Form (RAF). IRRC did not provide comments on the rulemaking itself. As requested, the Department has furnished additional information and clarified previous information on the RAF to better enable IRRC to determine if the rulemaking is in the public interest. Changes have not been made to the final-form rulemaking in connection with comments received.
Section 149.1 (relating to definitions) has been amended to add the definition of ''relocated manufactured home.''
Section 149.2 (relating to purpose) has been amended by deleting ''new'' from paragraphs (1)—(5) to now extend many of the regulatory elements that in the past were limited to new manufactured homes to include both new and relocated manufactured homes. Section 149.2(4) explains how the Department may provide alternative installation instructions for those cases when the original installation instructions are not available.
Section 149.3 (relating to installation standard for new manufactured homes) has been amended to speak specifically to new manufactured home installation. Additionally, clarifying language is added to subsections (b)—(d) to better illustrate the intent of the original regulation.
Section 149.3a (relating to installation and construction standards for relocated manufactured homes) is added to specifically address the various options for the installation of relocated manufactured homes and to establish the procedures to assess compliance for the original construction and safety standard applicable to the construction of the home.
Section 149.5 (relating to building code official training) has been amended to ensure that code officials receive training on relocated manufactured homes as well as new manufactured homes.
Section 149.6 (relating to Certificate of Compliance) has been amended to better illustrate the intent of the original regulation in regard to the limitations to the Certificate of Compliance form that is completed by the installer and that the form need not be provided to the Department for relocated manufactured homes.
The impact upon the Commonwealth is negligible. This expansion of the Manufactured Housing Improvement Program will increase demand for trained and certified installers, which through the training and certification fees collected by the Department will be sufficient to address additional clerical or recordkeeping costs.
There is not a fiscal impact upon political subdivisions in this Commonwealth.
The Manufactured Housing Improvement Program has been estimated to add $41 to the cost of each manufactured home sited in this Commonwealth. It is assumed that this will also be true for relocated manufactured homes.
The final-form rulemaking requires manufactured home installers to complete a Certificate of Compliance form upon completion of each relocated manufactured home installation that will be submitted to the building code official and homeowner.
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on May 24, 2013, the Department submitted a copy of the notice of proposed rulemaking, published at 43 Pa.B. 3110 (June 8, 2013), to IRRC and the Chairpersons of the House Commerce Committee and the Senate Community, Economic and Recreational Development Committee for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the House and Senate 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 December 11, 2013, 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 December 12, 2013, and approved the final-form rulemaking.
Effective and Sunset Dates
This final-form rulemaking will be effective on March 26, 2014. The final-form rulemaking will be monitored on an annual basis and updated as needed.
For an explanation of these regulations, contact Mark Conte, Chief, Housing Standards Division, Office of Community Development, Department of Community and Economic Development, Commonwealth Keystone Building, 400 North Street, 4th Floor, Harrisburg, PA 17120, (717) 720-7416.
The Department finds that:
(1) Public notice of intention to adopt the regulations 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 promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) The regulations are necessary and appropriate for the manufactured housing improvement program.
The Department, acting under the authorizing statute, orders that:
(a) The regulations of the Department, 12 Pa. Code Chapter 149, are amended by adding § 149.3a and amending §§ 149.1—149.3, 149.5 and 149.6 to read as set forth at 43 Pa.B. 3110.
(b) The Department shall submit this order and 43 Pa.B. 3110 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 on March 26, 2014.
C. ALAN WALKER,
(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 43 Pa.B. 7606 (December 28, 2013).)
Fiscal Note: Fiscal Note 4-96 remains valid for the final adoption of the subject regulations.
[Pa.B. Doc. No. 14-191. Filed for public inspection January 24, 2014, 9:00 a.m.]
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