UNIFORM STANDARDS CODE FOR MOBILE HOMES - REPEALED — 1972 Pa. Act 69 (historical enacted text)

Historical Act text

AN ACT
3 design and construction and the installation of plumbing,
4 heating, and electrical systems in mobile homes; requiring a
5 permit to be issued by the Department of Community Affairs to
6 mobile home manufacturers engaged in business in this
7 Commonwealth; requiring mobile homes to bear a seal issued by
8 the Department of Community Affairs; providing for
9 enforcement and penalties; and providing for a Mobile Home
10 Standards Advisory Commission.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Short Title.--This act shall be known and may be
14 cited as the "Uniform Standards Code for Mobile Homes."
15 Section 2. Definitions.--As used in this act:
16 (1) "Mobile home" means a transportable, single family
17 dwelling intended for permanent occupancy, office or place of
18 assembly contained in one unit, or in two units designed to be
19 joined into one integral unit capable of again being separated
20 for repeated towing, which arrives at a site complete and ready
21 for occupancy except for minor and incidental unpacking and
22 assembly operations, and constructed so that it may be used
23 without a permanent foundation.
24 (2) "Code" means the uniform standards code that meets the
25 standards approved by the United States of America Standards
26 Institute or its successor, the American National Standards
27 Institute set up for mobile homes for the body and frame design
28 and construction and the installation of the electrical,
29 plumbing and heating systems.
30 (3) "Seal" means a device or insignia issued by the
31 Department of Community Affairs, to be displayed on the exterior
32 of the mobile home in such manner as shall be designated by
1 department regulations.
2 (4) "Dealer" means a person who is defined as a "new mobile
3 home dealer" or "used mobile home dealer" as those terms are
4 defined in section 102 of "The Vehicle Code."
5 (5) "Manufacturer" means any person engaged in the business
6 of manufacturing mobile homes as defined herein.
7 (6) "Department" means the Department of Community Affairs.
8 (7) "Person" means a person, partnership, company,
9 corporation, or association engaged in manufacturing or selling
10 mobile homes.
11 (8) "Political subdivision" means any county, city, borough,
12 incorporated town, township, or any similar general purpose unit
13 of government which may be created by the General Assembly with
14 authority to establish standards and requirements applicable to
15 the construction, installation, alteration and repair of
16 buildings.
17 Section 3. Establishment of Uniform Standards Code.--(a) The
18 body and frame design and construction of mobile homes and all
19 plumbing, heating, and electrical systems installed in mobile
20 homes manufactured more than six months after the effective date
21 of this act and sold or offered for sale in this Commonwealth
22 shall meet the standards approved by the United States of
23 America Standards Institute or its successor for the body and
24 frame design and construction, and installation of plumbing,
25 heating and electrical systems in mobile homes, said standards
26 being known as USAS A-119.1-1969 and NFPA 501B-1968, approved
27 January 27, 1969.
28 (b) The department may adopt and promulgate regulations
29 which clarify and supplement the standards referred to in
30 subsection (a) of this section. If the code, or any section,
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1 part or provision thereof, is changed, altered, or amended, the
2 department may adopt and promulgate regulations which are
3 reasonably consistent with or identical to the code, as changed,
4 altered or amended. The department shall adopt such other
5 regulations as are necessary to carry out the provisions of this
6 act, including regulations to be adopted within four months of
7 the effective date of this act which set forth the manner in
8 which the permit required by subsection (a) of section 5 of this
9 act is to be obtained. However, no portion of this act, or code,
10 or rules and regulations adopted, amended, or repealed as
11 provided herein, which limits the work to be performed to any
12 type of construction contractor, or manufacturer, or labor or
13 mechanic classification, or materials, shall be enforceable by
14 the department.
15 (c) The department shall hold public hearings on the
16 regulations proposed to be adopted, amended or repealed; said
17 hearings, and all hearings required under this act shall be
18 consistent with the provisions of the act of June 4, 1945
19 (P.L.1388), known as the "Administrative Agency Law," and the
20 act of July 31, 1968 (Act No. 240), known as the "Commonwealth
21 Documents Law." The regulations adopted pursuant to this act
22 shall not be effective unless their adoption is in accordance
23 with the provisions of the act of July 31, 1968 (Act No. 240),
24 known as the "Commonwealth Documents Law."
25 Section 4. Effect of Code.--(a) Except in cases of waterline
26 connections to their main source of supply; sewer drainage line
27 connections to main sewers or cesspools; or electrical line
28 connections to their main source of power a mobile home bearing
29 a seal affixed pursuant to the requirements of this act shall be
30 deemed to comply with all ordinances, regulations, or building
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1 codes, or special local requirements enacted by the Commonwealth
2 or any political subdivision thereof applicable to the body and
3 frame design and construction, and installation of plumbing,
4 heating and electrical systems within and including the exterior
5 walls of the mobile home.
6 (b) Nothing in this act shall be construed as amending or
7 repealing any of the provisions of the act of April 27, 1927
8 (P.L.465), entitled, as amended, "An act to provide for the
9 safety of persons employed, housed, or assembled in certain
10 buildings and structures not in cities of the first class,
11 second class, and second class A, by requiring certain
12 construction and ways of egress, equipment, and maintenance;
13 providing for the licensing of projectionists, except in cities
14 of the first class and second class; requiring the submission of
15 plans for examination and approval; providing for the
16 promulgation of rules and regulations for the enforcement of
17 this act; providing for the enforcement of this act by the
18 Department of Labor and Industry and, in certain cases, by the
19 chiefs of fire departments in cities of the third class;
20 providing penalties for violations of the provisions of this
21 act; and repealing certain acts."
22 (c) Nothing in this act shall be construed as amending,
23 repealing or superseding any local zoning ordinance, subdivision
24 regulation or locally adopted land development code, regulation
25 or ordinance.
26 Section 5. Issuance of Permit and Seals.--(a) Any
27 manufacturer within or without this Commonwealth shall apply to
28 the department for a permit to affix seals to mobile homes
29 intended for sale in this Commonwealth and shall comply with the
30 regulations regarding the obtaining of a permit adopted pursuant
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1 to subsection (b) of section 3.
2 (b) Seals for affixation to a mobile home shall be issued to
3 a manufacturer holding a permit, upon the manufacturer's
4 certification that any mobile home to which a seal is to be
5 affixed will be built at least equal to the code standards and
6 regulations, if any, referred to in section 3.
7 Section 6. Seal Required; Violations.--(a) No person may
8 sell or offer for sale in this Commonwealth any mobile home
9 manufactured more than six months following the effective date
10 of this act unless it bears a seal that such mobile home meets
11 or exceeds the code standards and regulations, if any,
12 established by this act, which seal shall be displayed in the
13 manner prescribed by the department.
14 (b) No person may affix a seal to any mobile home which does
15 not meet or exceed the requirements of the code standards and
16 regulations, if any, established in this act.
17 (c) Any dealer, owner, or other person in possession of a
18 mobile home which does not bear a seal may make application to
19 the department for an inspection of the mobile home by an
20 inspector of the department who shall thereupon issue a seal for
21 such unit upon finding that it complies with the regulations
22 promulgated hereunder and the department may establish a
23 reasonable inspection fee for the furnishing of such service.
24 (d) The provisions of this section shall not apply to the
25 manufacture or sale of mobile homes designated for delivery and
26 use outside the Commonwealth.
27 (e) A seal issued by the department shall not be required on
28 a mobile home bearing a seal issued by another state under
29 regulations found by the department to be consistent with the
30 regulations promulgated hereunder. The department, upon
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1 request, shall furnish a current list of states to which this
2 subsection applies.
3 Section 7. Fees.--The department shall establish a schedule
4 of fees reasonably related to the cost incurred by the
5 department in the administration and enforcement of this act.
6 Section 8. Administration of Act.--(a) The department is
7 hereby charged with the administration of this act. It shall
8 have the power to make and amend, alter or repeal the
9 regulations referred to in section 3 and also regulations of
10 procedure for carrying into effect any provision of this act,
11 and to prescribe means, methods, and practice to make effective
12 such provisions. The department is hereby authorized to enter
13 into interdepartmental agreements for the purposes of
14 administration of this act.
15 (b) The department, through its authorized representatives,
16 may enter any place or establishment where mobile homes are
17 manufactured, sold, or offered for sale, for the purpose of
18 ascertaining whether the requirements of this act and the
19 regulations of the department have been met.
20 (c) No person may interfere, obstruct or hinder an
21 authorized representative of the department in the performance
22 of his duty as set forth in the provisions of this act.
23 Section 9. Penalties.--(a) Any person who violates or fails
24 to comply with this act shall be given certified mail notice by
25 the department and instructed to correct the violation within a
26 time prescribed by the department. Should the person fail to
27 make the necessary correction he shall be guilty of a
28 misdemeanor and, upon conviction thereof, shall be sentenced to
29 pay a fine of not less than one hundred dollars ($100) nor more
30 than five hundred dollars ($500), or undergo imprisonment not
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1 exceeding six months, or both. A violation as to each separate
2 mobile home shall constitute a separate offense.
3 (b) The department, after notice and hearing, may revoke the
4 permit of a manufacturer who violates the provisions of this
5 act.
6 Section 10. Mobile Home Standards Advisory Commission.--The
7 department shall establish a Mobile Home Standards Advisory
8 Commission consisting of persons knowledgeable in the fields of
9 mobile home manufacturing, marketing and use. The department
10 shall consult with and obtain advice of the commission in the
11 drafting and promulgation of rules and regulations to be adopted
12 in accordance with this act. The commission shall consist of
13 nine members, appointed by the Governor by and with the advice
14 and consent of two-thirds of all the members of the Senate. The
15 members initially appointed shall serve for the following terms:
16 three members for a term of one year, three members for a term
17 of two years and three members for a term of three years. The
18 particular term of each member shall be designated by the
19 Governor at the time of appointment. The terms of all their
20 successors shall be three years each, except that any person
21 appointed to fill a vacancy shall serve only for the unexpired
22 term. Every member's term shall extend until his successor is
23 appointed and qualified. Any member shall be eligible for
24 reappointment. The members shall not receive compensation for
25 their services as members, but shall receive reimbursement for
26 all necessary expenses incurred in connection with the
27 performance of their duties as members. The department may
28 supply such staff as requested by the commission.
29 Section 11. Effective Date.--This act shall take effect
30 immediately.
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