HOUSE DOCKET, NO. 730        FILED ON: 1/14/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2178

The Commonwealth of Massachusetts

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PRESENTED BY:

James J. O'Day

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to manufactured buildings.

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PETITION OF:

HOUSE DOCKET, NO. 730        FILED ON: 1/14/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2178

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 2401 OF 2011-2012.]

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act relative to manufactured buildings.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Section 94 of chapter 143 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out subsection (m) and inserting in place thereof the following subsection:- 

(m)  To develop requirements and approve courses of instruction to be offered by the department of public safety or others relative to the continuing education of individuals licensed as construction supervisors, manufactured building companies and third party inspection agencies.

SECTION 2.  Said section 94 of said chapter 143, as so appearing, is hereby further amended by adding the following subsection:-

(s)  To develop requirements and promulgate regulations for the oversight of manufactured buildings to be installed in the commonwealth.  Inspectional duties related to manufactured buildings or components prior to shipment by a manufacturer may be delegated by the board to third party inspection agencies.  The regulations shall include provisions requiring the licensing of manufactured building companies and third party inspectional agencies that demonstrate qualifications as set by the board.  All components of manufactured buildings shall be manufactured in compliance with the state building codes and applicable specialized codes as identified in section 96.  All buildings and building components manufactured under the state building code shall be presumed to comply with the specialized codes.

SECTION 3.  Said chapter 143 is hereby further amended by adding the following section:-

Section 101.  Any license issued under the state building code may be revoked or suspended by the board for a violation of the state building code or this chapter.  The board, or its designee, may assess an administrative penalty not to exceed $2,000 for each violation of the state building code or this chapter.

SECTION 4. Chapter 139 of the acts of 2012 is hereby amended by striking out item 8315-1025 and inserting in place thereof the following item:-

8315-1025.  For the department of public safety, which may collect and expend an amount not to exceed $250,000 derived from licensing fees or other fees and fines collected under sections 93 to 101, inclusive, of chapter 143 of the General Laws or the state building code, as promulgated by the state board of building regulations and standards under sections 93 to 95, inclusive, of said chapter 143; provided, that the amount shall be used: (i) to provide a state building code training and courses for instruction; (ii) for the development and operation of continuing education courses for manufactured building companies and third party inspection agencies; (iii) for the costs of enforcing the state building code, not including the payment of salaries of state building inspectors, but including the establishment and operation of a program for the site visit compliance checks by department of public safety staff to licensed manufactured building companies; and (iv) for the employment in the department of public safety of individuals with expertise in building, plumbing, fire protection, electrical or mechanical issues to review plans of manufactured buildings for compliance with the state building code, investigating complaints relative to manufactured building companies and third party inspection agencies and performing other associated duties; provided, that the agency may charge fees for any classes and education materials associated with administering training; and provided further, that for the purposes of accommodating discrepancies between the receipt of retained revenues and related expenditures, the department may incur expenses and the comptroller may certify for payment amounts not to exceed the lower of this authorization or the most recent revenue estimate as reported in the state accounting system...... $250,000.