Section 403.25. Manufactured and industrialized housing

(a) Manufactured housing is governed by the following under section 901(a) of the act (35 P. S. § 7210.901(a)):

(1) Except as provided in paragraph (2), the Uniform Construction Code does not apply to new manufactured housing assembled by and shipped from the manufacturer and which bears a label which certifies that it conforms to Federal construction and safety standards adopted under the Housing and Community Development Act of 1974 (42 U.S.C.A. § § 5401—5426) and installation of new manufactured housing in conformity with the manufacturer’s approved design applicable to the particular home.

(2) Construction activities or processes including utility connections and grading not addressed by the manufacturer’s approved design must comply with the Uniform Construction Code.

(3) The Uniform Construction Code applies to the following:

(i) Alteration or repair to the unit that does not fall within 24 CFR 3280.1—3280.904 (relating to manufactured home construction and safety standards) and the manufacturer’s installation instructions after assembly and shipment by the manufacturer.

(ii) Additions to the unit after delivery to the site.

(iii) Construction, alteration, repair or change of occupancy if the manufactured housing is resold to a subsequent purchaser.

(iv) Construction, alteration, repair or change of occupancy if the original purchaser relocates the manufactured housing.

(b) Industrialized housing is governed by the following under section 901(a) of the act:

(1) Except as provided in subsection (b)(2), the Uniform Construction Code does not apply to industrialized housing assembled by and shipped from the manufacturer.

(2) The Uniform Construction Code applies to all of the following:

(i) Site preparation.

(ii) Foundation construction.

(iii) Utilities connection.

(iv) Construction, alteration or repair to the industrialized housing unit after installation.

(v) Construction, alteration, repair or occupancy if industrialized housing is resold to a subsequent purchaser.

(vi) Construction, alteration, repair or occupancy if industrialized housing is relocated.

(c) The Department of Community and Economic Development may enforce and take action under the Industrialized Housing Act (35 P. S. § § 1651.1—1651.12) and the Manufactured Housing Construction and Safety Standards Authorization Act (35 P. S. § § 1656.1—1656.9).

The provisions of this § 403.25 amended December 15, 2006, effective December 31, 2006, 36 Pa.B. 7548. Immediately preceding text appears at serial pages (306383) to (306384).

Notation

Authority

The provisions of this § 403.25 amended under section 301 of the Pennsylvania Code Construction Act (35 P. S. § 7210.301).

Notes of Decisions

The Construction Code Act does not apply to manufactured housing assembled by and shipped from the manufacturer bearing a label certifying it conforms to Federal construction and safety standards; however, it does regulate site preparation, foundation construction, and utility connnections. DRB v. Department of Labor, 853 A.2d 8, 18, 19 (Pa. Cmwlth. 2004); affirmed 887 A.2d 1216 (Pa. 2005).

Cross References

This section cited in 34 Pa. Code § 403.1 (relating to scope).