DEPARTMENT OF COMMUNITY AFFAIRS [16 PA. CODE CH. 29] Industrialized Housing and Components [26 Pa.B. 4432] The Department of Community Affairs (Department) proposes to amend §§ 29.41--29.44, 29.56 and 29.122. These amendments are proposed under the authority of the Industrialized Housing Act (act) (35 P. S. §§ 1651.1--1651.12).
Summary and Purpose
The Department has the responsibility to adopt and publish regulations, including construction standards, for industrialized housing and components covered by the act. These standards are required to be reasonably consistent with recognized and accepted model codes. These regulations, including those setting standards were last amended in August 1991. Although the regulations at §§ 29.41--29.44, 29.56 and 29.122, covering amendments to standards and alternate standards, have not been entirely clear concerning the effect in this Commonwealth of changes in National model code standards, the Department has consistently enforced the most current version of those code standards.
The 1995 CABO One and Two Family Dwelling Code (Code) was generally available and adopted on April 1, 1995. Among the changes contained in that Code was a modification of stair geometry (riser and tread dimensions) from the traditional 8 1/4 inch riser by 9 inch tread to a 7 1/4 inch riser by 10 inch tread. The industrialized building industry has cited concerns that this change would significantly increase costs, cause loss of space utilization and negate design compatibility, especially in entry-level sized homes where space is critical. Research into the issue by the Department found no compelling nor conclusive evidence to support this change. In addition, cost/benefit analyses conducted by the National Association of Home Builders Research Center and others concluded that there was little or no substantive evidence to define the benefits of the new stair geometry, nor the lack of safety in the traditional, but that costs and effects on marketability and affordability of housing would be significant.
Based on the evidence available, the Department has concluded that manufacturers will not be required to build to the new CABO stair geometry requirements, but will be provided with the option to do so if their market needs and the needs of housing consumers require the change. Therefore, the Department proposes to amend § 29.42 (relating to alternate standards) to permit manufacturers to utilize either the previous or new CABO stair geometry standards.
In order to clarify questions concerning those standards and alternate standards that are in effect for industrialized housing under the regulations, and to clarify procedures for amending those standards and alternate standards, the Department also proposes to amend §§ 29.41, 29.43, 29.44, 29.56 and 29.122. These proposed amend-ments should clarify the policy that has been followed by the Department since 1974.
Benefits and Costs
The proposed amendments continue the regulation of industrialized housing and component construction standards required by the act. No substantial new costs have been added.
Paperwork Requirements
These proposed amendments add no new paperwork to the requirements already imposed by the present regulations.
Public Comment
Persons wishing to comment on the proposed amendments may do so within 30 days following publication in the Pennsylvania Bulletin. Written comments should be directed to John F. Boyer, whose address and telephone number are set forth in this Preamble. In addition, a public hearing on these proposed amendments, as required by § 29.97, has been scheduled for 1 p.m., Wednesday, October 2, 1996, in Room 321 Forum Building, Harrisburg, PA.
Contact Person
For further information, contact John F. Boyer, Chief, Manufactured Housing Division, Bureau of Housing and Development, Room 376 Forum Building, Harrisburg, PA 17120, telephone (717) 783-7847.
Sunset Date
These proposed amendments are required by the act. They will be monitored on a regular basis and will be updated as needed.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Department submitted a copy of these proposed amendments on August 28, 1996, to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Committee on Urban Affairs and the Senate Committee on Local Government. In addition to submitting the proposed amendments, the Department has provided IRRC and the Committees with a copy of a detailed regulatory analysis form prepared by the Department in compliance with Executive Order 1996-1, ''Regulatory Review and Promulgation.'' A copy of this material is available to the public upon request.
If IRRC has objections to any portion of these proposed amendments, it will notify the Department within 30 days of the close of the public comment period. 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.
DAVID E. BLACK,
Acting Secretary(Editor's Note: Act 58 of 1996 transferred functions of the Department of Community Affairs to the Department of Community and Economic Development. Upon adoption, the proposal in Annex A will appear under the new Department.)
Fiscal Note: 5-60. No fiscal impact; (8) recommends adoption.
Annex A TITLE 16. COMMUNITY AFFAIRS PART I. DEPARTMENT OF COMMUNITY AFFAIRS CHAPTER 29. INDUSTRIALIZED HOUSING
AND COMPONENTSSTANDARDS § 29.41. 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 industrialized housing and housing components for purposes of this chapter:
* * * * * (4) The National Electrical Code (NFPA No. 70-1981). [The] Except as provided in § 29.43 (relating to amendment policy) the codes shall be the latest addition including supplements. The effective date of all code changes or supplements shall be in accordance with §§ 29.44 and 29.122(b) (relating to procedure for adoption of amendments; and effective date).
* * * * * § 29.42. Alternate standards.
As an alternative to the primary codes specified in § 29.41 (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 § 29.47 (relating to acquisition of adopted codes and amendments):
(1) CABO One and Two Family Dwelling Code (latest edition), 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)).
* * * * * (3) Electrical Code for One and Two Family Dwellings, NFPA latest edition 70. [The] Except as provided in § 29.43 (relating to amendment of policy), the codes shall be the latest edition including supplements. The effective date of code changes or supplements shall be in accordance with §§ 29.44 and 29.122(b) (relating to procedure for adoption of amendments; and effective date).
§ 29.43. Amendment policy.
(a) [It] Except as provided in subsection (b), it is the policy of the Department to adopt all amendments and additions to the provisions of the codes adopted under §§ 29.41 and 29.42 (relating to adoption of standards; and alternate standards) which relate to the design, materials or method of construction of buildings in accordance with the procedure called for in § 29.44 (relating to procedure for adoption of amendments).
(b) It is further the policy of the Department that it will not adopt an amendment of or addition to the codes adopted under §§ 29.41 and 29.42 which relate to the design, materials or method of construction of buildings unless the amendment or addition has been adopted by the organizations which publish the code or unless there is clear and convincing evidence that the absence of the amendment or addition would be seriously detrimental to the health, safety or welfare of the citizens of the Commonwealth. If the Department determines not to adopt the latest version including supplements and additions of the National model codes adopted under § 29.41 or § 29.42 or to advance standards not contained in the latest version including supplements and additions, the amendment shall be treated as an amendment to this chapter to which § 29.97 (relating to amendments to this chapter) applies.
§ 29.44. Procedure for adoption of amendments.
(a) [The adoption of an] An amendment of or addition to a provision of a code adopted under §§ 29.41 and 29.42 (relating to adoption of standards; and alternate standards) shall be [treated as an amendment to this chapter to which § 29.97 (relating to amendments to this chapter) applies. The effective date of an amendment or addition shall be the first day of the month following the month of the adoption of the amendment or addition by the Department] considered adopted by the Department on the first day of the month following the month in which the amendment or additions adopted by the National Model Code writing authority, unless the Department determines that the first day of a later month would better promote the purposes of the act and this chapter. The effective date of the amendment or addition shall be the first day of the month 1 year from the date of adoption by the Department. If the Department determines that there is an imminent threat to life safety which can be relieved by the prompt adoption of an amendment of or addition to a provision of a code adopted under §§ 29.41 and 29.42, the Department may establish an earlier effective date for the amendment or addition.
CERTIFICATION § 29.56. Amendments to building system documentation following changes in standards.
Evaluation agencies shall notify those manufacturers with whom they then have implementing contracts under § 29.78(c) (relating to contractual arrangements) of a change in or amendment to a code or standard adopted by the Department under §§ 29.41, 29.42 and 29.44 (relating to adoption of standards; alternate standards; and procedure for adoption of amendments). The manufacturer shall have [a period of 6] 12 months from the [effective] date of adoption by the Department of the change or amendment to amend its building system documentation if necessary to assure compliance with the applicable provisions of the applicable codes and standards as adopted and changed or amended under §§ 29.41, 29.42, 29.43(a) and 29.44 to obtain the approval of the applicable evaluation agency of the amendments to its building system documentation or the determination from the applicable evaluation agency that its building system documentation requires no amendment; and to cease attaching insignia of certification to industrialized housing or housing components which have not been manufactured under the amendments to its building system documents if the amendments are required to assure compliance with the changed or amended codesand standards. If the codes and standards are adopted, changed or amended under §§ 29.43(b) and 29.97 (relating to amendment policy; and amendments to this chapter) the manufacturer shall have until ______ (Editor's Note: The blank refers to a date 6 months from the date of adoption of this proposal) to amend its building system documentation, if necessary, to assure compliance with the applicable provisions of the applicable codes and standards as adopted, changed or amended. If the Department determines that there is an imminent threat to life safety which can be relieved by prompt conformity of the building system documentation to the changed or amended provisions of the applicable codes and standards, the Department may require a shorter period to secure compliance with the change or amendment to the adopted codes and standards. The Department may likewise provide a longer period than 6 months for compliance with the change or amendment to the adopted codes and standards, if the Department finds that compliance within a 6-month period would cause unreasonable hardship on a manufacturer in comparison with the anticipated benefits to the health, safety or welfare of the citizens of this Commonwealth. Section 29.55 (relating to general requirements for approval of amendments to building system documentation) applies to the amendments to building system documentation required by this section.
TRANSITIONAL PROVISIONS § 29.122. Effective date.
* * * * * (b) Six months after [adoption of an amendment to this chapter] the effective date of an amendment to this chapter under §§ 29.43(b) and 29.97 (relating to amendment policy; and amendments to this chapter) or 12 months after the adoption by the Department of an amendment of the standards under §§ 29.43(a) and 29.44 (relating to procedure for adoption of amendments), no industrialized housing or housing components may be sold, leased or installed for use on a site in this Commonwealth unless the industrialized housing or housing components are certified as complying with the amendment.
[Pa.B. Doc. No. 96-1533. Filed for public inspection September 13, 1996, 9:00 a.m.]
