RULES AND REGULATIONS
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
[ 12 PA. CODE CH. 145 ]
Industrial Housing and Components; Correction
[46 Pa.B. 7269]
[Saturday, November 19, 2016]Errors occurred in the preamble of the final-form rulemaking published at 46 Pa.B. 6976 (November 5, 2016) regarding references to the dates in §§ 145.3 and 145.31(c) (relating to scope; and requirement of certification). The affected portions of the preamble are corrected as follows. The remainder of the preamble to the final-form rulemaking is accurate as published.
(Editor's Note: See 46 Pa.B. 7269 (November 19, 2016) for corrective amendments to §§ 145.3 and 145.31.)
DENNIS M. DAVIN,
SecretaryComments to Proposed and Draft Final-Form Rulemakings
This final-form rulemaking complies with the amendments to section 4(j) of the act (35 P.S. § 1651.4(j)) as amended by Act 8 mandating that the Department promulgate regulations to administer a certification program to oversee the production, installation and inspection of industrialized buildings, as opposed to industrialized housing. Thus, this regulation cannot comply with section 4(d) of the act, as section 4(d) of the act deals only with industrialized housing, not industrialized buildings. As previously stated, §§ 145.3 and 145.31 have been revised to make clear that these sections apply to industrialized housing, buildings, or housing or building components produced after November 6, 2017.
Analysis
Section 145.31 is amended to include industrialized buildings and building components in the requirements of certification and to eliminate unnecessary regulation. In the draft final-form rulemaking, this section was revised to provide that Chapter 145 would apply to industrialized housing, buildings, or housing or building components produced after the effective date of the final-form rulemaking. The section was then revised in this final-form rulemaking from the draft final-form rulemaking per the MBI's request by providing that Chapter 145 does not apply to industrialized housing, buildings, or housing or building components produced before November 6, 2017.
Tolling Letter Analysis
On August 30, 2016, at the suggestion of IRRC, the Department tolled the review period for this final-form rulemaking and resubmitted the regulations to IRRC, the House Commerce Committee and the Senate Community, Economic and Recreational Development Committee with the following changes:
• Section 145.3 was revised to clarify that the effective date of this final-form rulemaking is 1 year from publication in the Pennsylvania Bulletin and industrialized buildings manufactured before the effective date of this final-form rulemaking may continue to be utilized in this Commonwealth subject to approval of the local code official. The clarification was accomplished by:
o Adding a sentence to state that industrialized buildings manufactured before the effective date of this final-form rulemaking may continue to be utilized in the Commonwealth subject to approval of the local code official.
• Section 145.31(c) was revised to clarify that the effective date of this final-form rulemaking is 1 year from publication in the Pennsylvania Bulletin and Chapter 145 does not apply to industrialized buildings or building components produced before the effective date of this final-form rulemaking. The clarification was accomplished by adding subsection (c).
[Pa.B. Doc. No. 16-1985. Filed for public inspection November 18, 2016, 9:00 a.m.]
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