12 Pa. Code § 145.36 - Applicability of locally-enacted codes and ordinances
(a) Industrialized housing, housing
components, industrialized buildings or building components bearing insignias
of certification issued under this chapter will be deemed to comply with the
requirements of building and related codes and ordinances enacted by local
governments of the Commonwealth which codes and ordinances conform with the
following:
(1) Are applicable to residential
or commercial construction, plumbing, heating, electrical and other related
codes pertaining to the construction and equipment contained within.
(2) Would otherwise be applicable to the
industrialized housing, housing components, industrialized buildings or
building components certified under this chapter as described in their building
system documentation.
(b)
(Reserved).
(c) If the building
site is within a fire district designated by an ordinance of the local
government, the requirements of the codes and standards adopted under
§§
145.41,
145.42 and
145.44 (relating to adoption of
standards; alternate standards; and adoption and effective dates-code
amendments) for the fire district is applicable to the industrialized housing,
housing components, industrialized buildings or building components. If the
fire district designated by the ordinance of the local government is different
from a fire district described in the applicable codes and standards adopted
under §§
145.41,
145.42 and
145.44 the requirements for that
fire district described in the applicable codes and standards which in the
judgment of the evaluation agency bears the closest similarity to the
description of the applicable fire district under the locally enacted ordinance
is applicable.
(d) Industrialized
housing and buildings in which industrialized housing or building components
have been installed shall comply with codes and ordinances of the local
governments with jurisdiction over the building site which apply to the design,
installation and maintenance of waterline connections from the exterior walls
of housing to their main source of supply, sewer drainage connections from the
exterior walls of housing to main sewers or septic systems, and electrical line
connections or other energy supply connections from the exterior walls of
housing to their main source of power, notwithstanding the appropriate insignia
of certification as provided for in §
145.60 (relating to insignia of
certification).
(e) Nothing in the
act or this chapter shall be construed as amending, repealing or superseding a
local zoning ordinance, subdivision regulation, designation of fire districts
or related land development code, regulation or ordinance enacted by a local
government of the Commonwealth.
(f)
A dispute between a person and a local enforcement agency with respect to the
application of this section shall be referred to and decided by the Department
under §
145.96 (relating to interpretation
of this chapter).
Notes
See 53 Pa.B. 830 (February 11, 2023) for a notice regarding implementation of this section.
The provisions of this § 145.36 amended under section 5 of the Industrialized Housing Act (35 P.S. § 1651.5).
This section cited in 12 Pa. Code § 145.81 (relating to responsibilities of local enforcement agencies).
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