§ 23-27.4-1 Compact entered into. –The Interstate Compact on Industrialized/Modular Buildings is enacted into lawand entered into by the State of Rhode Island with all other jurisdictionslegally joining therein in the form substantially as follows:
ARTICLE I
FINDINGS AND DECLARATIONS OF POLICY
(1) The compacting states find that:
Industrialized/modular buildings are constructed in factoriesin the various states and are a growing segment of the nation's affordablehousing and commercial building stock.
The regulation of industrialized/modular buildings variesfrom state to state and locality to locality, which creates confusion andburdens state and local building officials and the industrialized/modularbuilding industry. Regulation by multiple jurisdictions imposes additionalcosts, which are ultimately borne by the owners and users ofindustrialized/modular buildings, restricts market access and discourages thedevelopment and incorporation of new technologies.
(2) It is the policy of each of the compacting states to:
Provide the states which regulate the design and constructionof industrialized/modular buildings with a program to coordinate and uniformlyadopt and administer the states' rules and regulations for such buildings, allin a manner to assure interstate reciprocity.
Provide to the United States Congress assurances that wouldpreclude the need for a voluntary preemptive federal regulatory system formodular housing, as outlined in Section 572 of the Housing and CommunityDevelopment Act of 1987, including development of model standards for modularhousing construction, such that design and performance will insure quality,durability safety; will be in accordance with life-cycle cost-effective energyconservation standards; all to promote the lowest total construction andoperating costs over the life of such housing.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly requiresotherwise:
(1) "Commission" means the Interstate Industrialized/ModularBuildings Commission.
(2) "Industrialized/modular building" means any buildingwhich is of closed construction, i.e. constructed in such a manner thatconcealed parts or processes of manufacture cannot be inspected at the site,without disassembly, damage or destruction, and which is made or assembled inmanufacturing facilities, off the building site, for installation, or assemblyand installation, on the building site. "Industrialized/modular building"includes, but is not limited to, modular housing which is factory-builtsingle-family and multi-family housing (including closed wall panelizedhousing) and other modular, nonresidential buildings. "Industrialized/modularbuilding" does not include any structure subject to the requirements of theNational Manufactured Home Construction and Safety Standards Act of 1974.
(3) "State" means a state of the United States, territory orpossession of the United States, the District of Columbia, or the Commonwealthof Puerto Rico.
(4) "Uniform administrative procedures" means the proceduresadopted by the Commission (after consideration of any recommendations from therules development committee) which state and local officials, and otherparties, in one state, will utilize to assure state and local officials, andother parties, in other states, of the substantial compliance ofindustrialized/modular building construction with the construction standard ofrequirements of such other states; to assess the adequacy of building systems;and to verify and assure the competency and performance of evaluation andinspection agencies.
(5) "Model rules and regulations for industrialized/modularbuildings" means the construction standards adopted by the Commission (afterconsideration of any recommendations from the rules development committee)which govern the design, manufacture, handling, storage, delivery andinstallation of industrialized/modular buildings and building components. Theconstruction standards and any amendments thereof shall conform insofar aspracticable to model building codes and referenced standards generally acceptedand in use throughout the United States.
(6) "Interim reciprocal agreement" means a formal reciprocalagreement between a noncompacting state wherein the noncompacting state agreesthat labels evidencing compliance with the model rules and regulations forindustrialized/modular buildings, as authorized in Article VIII, item No. 14,shall be accepted by the state and its subdivisions to permit installation anduse of industrialized/modular buildings. Further, the noncompacting stateagrees that by legislation or regulation, and appropriate enforcement byuniform administrative procedures, the noncompacting state requires allindustrialized/modular building manufacturers within that state to comply withthe model rules and regulations for industrialized/modular buildings.
ARTICLE III
CREATION OF COMMISSION
The compacting states hereby create the InterstateIndustrialized/Modular Buildings Commission, hereinafter called commission.Said commission shall be a body corporate of each compacting state and anagency thereof. The commission shall have all the powers and duties set forthherein and such additional powers as may be conferred upon it by subsequentaction of the respective legislatures of the compacting states.
ARTICLE IV
SELECTION OF COMMISSIONERS
The commission shall be selected as follows:
As each state becomes a compacting state, one resident shallbe appointed as commissioner. The commissioner shall be selected by thegovernor of the compacting state, being designated from the state agencycharged with regulating industrialized/modular buildings or, if such stateagency does not exist, being designated from among those building officialswith the most appropriate responsibilities in the state. The commissioner maydesignate another official as an alternate to act on behalf of the commissionerat commission meetings which the commissioner is unable to attend. Each statecommissioner shall be appointed, suspended or removed and shall serve subjectto and in accordance with the laws of the state which said commissionerrepresents; and each vacancy occurring shall be filled in accordance with thelaws of the state wherein the vacancy exists.
When three state commissioners have been appointed in themanner described, those state commissioners shall select one additionalcommissioner who shall be a representative of manufacturers industrial orcommercial use of industrialized/modular buildings.
When six state commissioners have been appointed, the statecommissioners shall select a third additional commissioner who shall be arepresentative of manufacturers of residential-use industrialized/modularbuildings.
With each addition of three state commissioners, the statecommissioners shall appoint one additional manufacturing representativecommissioner, alternating between a representative of manufacturers ofindustrial-or commercial-use industrialized/modular buildings andresidential-use industrialized/modular buildings. With each addition of twelvestate commissioners, the state commissioners shall appoint one additionalcommissioner, who represents consumers of industrialized/modular buildings.
The subsequent appointment of all representativecommissioners shall be in this same manner, maintaining a ratio of manufacturerrepresentatives to consumer representatives of four to one.
In the event states withdraw from the compact or, for anyother reason, the number of state commissioners is reduced, the statecommissioners shall remove the last added representative commissioner asnecessary to maintain a balance of state commissioners to representativecommissioners in the same proportion as the appointments outlined herein.
Upon a majority vote of the state commissioners, the statecommissioners may remove, fill a vacancy created by or replace anyrepresentative commissioner, provided that any replacement is made from thesame representative group and a three to one ratio is maintained.
Unless provided otherwise, the representative commissionershave the same authority and responsibility as the state commissioners. Inaddition, the commission may have as a member one commissioner representing theUnited States government if federal law authorizes such representation. Suchcommissioner shall not vote on matters before the commission. Such commissionershall be appointed by the President of the United States, or in such othermanner as may be provided by Congress.
ARTICLE V
VOTING
Each commissioner (except the commissioner representing theUnited States government) shall be entitled to one vote on the commission. Amajority of the commissioners shall constitute a quorum for the transaction ofbusiness. Any business transacted at any meeting of the commission must be byaffirmative vote of a majority of the quorum present and voting.
ARTICLE VI
ORGANIZATION AND MANAGEMENT
The commission shall elect annually, from among its members,a Chairperson, a Vice Chairperson and a Treasurer. The commission shall alsoselect a Secretariat, which shall provide an individual who shall serve asSecretary of the commission. The commission shall fix and determine the dutiesand compensation of the Secretariat.
The commissioners shall serve without compensation, but shallbe reimbursed for their actual and necessary expenses from the funds of thecommission.
The commission shall adopt a seal.
The commission shall adopt bylaws, rules, and regulations forthe conduct of its business, and shall have the power to amend and rescindthese bylaws, rules the regulations.
The commission shall establish and maintain an office at thesame location as the office maintained by the Secretariat for the transactionof its business and may meet at any time, but in any event must meet at leastonce a year. The chairman may call additional meetings and upon the request ofa majority of the commissioners of three or more of the compacting states shallcall an additional meeting.
The commission annually shall make the governor andlegislature of each compacting state a report covering its activities for thepreceding year.
Any donation or grant accepted by the commission or servicesborrowed shall be reported in the annual report of the commission and shallinclude the nature, amount and conditions, if any, of the donation, gift orservices borrowed and the identity of the donor or lender.
The commission may make additional reports as it may deemdesirable.
ARTICLE VII
COMMITTEES
The commission will establish such committees as it deemsnecessary, including, but not limited to, the following:
(1) An executive committee which functions when the fullcommission is not meeting, as provided in the bylaws of the commission. Theexecutive committee will ensure that proper procedures are followed inimplementing the commission's programs and in carrying out the activities ofthe compact.
The executive committee shall be elected by vote of thecommission. It shall be comprised of at least three and no more than ninecommissioners, selected from those commissioners who are representatives of thegovernor of their respective state.
(2) A rules development committee appointed by the commission.
The Committee shall be consensus-based and consist of notless than 7 nor more than 21 members.
Committee members will include state building regulatoryofficials; manufacturers of industrialized/modular buildings; private,third-party inspection agencies; and consumers. This committee may recommendprocedures which state and local officials, and other parties, in one state,may utilize to assure state and local officials, and in other parties, in otherstates, of the substantial compliance of industrialized/modular buildingconstruction with the construction standard requirements of such other states;to assess the adequacy of building systems; and to verify and assure thecompetency and performance of evaluation and inspection agencies. Thiscommittee may also recommend construction standards for the design,manufacture, handling, storage, delivery and installation ofindustrialized/modular buildings and building components. The committee willsubmit its recommendations to the commission, for the commission'sconsideration in adopting and amending the uniform administrative proceduresand the model rules and regulations for industrialized/modular buildings. Thecommittee may also review the regulatory programs of the compacting states todetermine whether those programs are consistent with the uniform administrativeprocedures or the model rules and regulations for industrialized/modularbuildings and may make recommendations concerning the states' programs to thecommission. In carrying out its functions, the rules committee may conductpublic hearings and otherwise solicit public input and comment.
(3) Any other advisory, coordinating or technical committees,membership on which may include private persons, public officials, associationsor organizations. Such committees may consider any matter of concern to thecommission.
(4) Such additional committees as the commission's bylaws mayprovide.
ARTICLE VIII
POWER AND AUTHORITY
In addition to the powers conferred elsewhere in thiscompact, the commission shall have power to:
(1) Collect, analyze and disseminate information relating toindustrialized/modular buildings.
(2) Undertake studies of existing laws, codes, rules andregulations, and administrative practices of the states relating toindustrialized/modular buildings.
(3) Assist and support committees and organizations whichpromulgate, maintain and update model codes or recommendations for uniformadministrative procedures or model rules and regulations forindustrialized/modular buildings.
(4) Adopt and amend uniform administrative procedures andmodel rules and regulations for industrialized/modular buildings.
(5) Make recommendations to compacting states for the purposeof bringing such states' laws, codes, rules and regulations and administrativepractices into conformance with the uniform administrative practices intoconformance with the uniform administrative procedures or the model rules andregulations for industrialized/modular buildings, provided that suchrecommendations shall be made to the appropriate state agency with dueconsideration for the desirability of uniformity while also giving appropriateconsideration to special circumstances which may justify variations necessaryto meet unique local conditions.
(6) Assist and support the compacting states with monitoringof plan review programs and inspection programs, which will assure that thecompacting states have the benefit of uniform industrialized/modular buildingplan review and inspection programs.
(7) Assist and support organizations which train state andlocal government and other program personnel in the use of uniformindustrialized/modular building plan review and inspection programs.
(8) Encourage and promote coordination of state regulatoryaction relating to manufacturers, public or private inspection programs.
(9) Create and sell labels to be affixed toindustrialized/modular building units, constructed in or regulated bycompacting states, where such labels will evidence compliance with the modelrules and regulations for industrialized/modular buildings, enforced inaccordance with the uniform administrative procedures. The commission may usereceipts from the sale of labels to help defray the operating expenses of thecommission.
(10) Assist and support compacting states' investigationsinto and resolutions of consumer complaints which relate toindustrialized/modular buildings constructed in one compacting state and sitedin another compacting state.
(11) Borrow, accept or contract for the services of personnelfrom any state or the United States or any subdivision or agency thereof, fromany interstate agency, or from any institution, association, person, firm orcorporation.
(12) Accept for any of its purposes and functions under thiscompact any and all donations, and grants of money, equipment, supplies,materials and services (conditional or otherwise) from any state or the UnitedStates or any subdivision or agency thereof, from any interstate agency, orfrom any institution, person, firm or corporation, and may receive, utilize anddispose of the same.
(13) Establish and maintain such facilities as may benecessary for the transacting of its business.
The commission may acquire, hold, and convey real andpersonal property and any interest therein.
(14) Enter into contracts and agreements, including but notlimited to, interim reciprocal agreements with noncompacting states.
ARTICLE IX
FINANCE
The commission shall submit to the governor or designatedofficer or officers of each compacting state a budget of its estimatedexpenditures for such period as may be required by the laws of that state forpresentation to the legislature thereof.
Each of the commission's budgets of estimated expendituresshall contain specific recommendations of the amounts to be appropriated byeach of the compacting states. Said state appropriation shall be paid from feesreceived from the manufacturers and third party agents and deposited in thestate building commissioner's restricted receipt account. The total amount ofappropriations requested under any such budget shall be apportioned among thecompacting states as follows: one-half in equal shares; one-fourth among thecompacting states in accordance with the ratio of their populations to thetotal population of the compacting states, based on the last decennial federalcensus; and one-fourth among the compacting states in accordance with the ratioof industrialized/modular building units manufactured in each state to thetotal of all units manufactured in all of the compacting states.
The commission shall not pledge the credit of any compactingstate. The commission may meet any of its obligations in whole or in part withfunds available to it by donations, grants, or sale of labels: provided thatthe commission takes specific action setting aside such funds prior toincurring any obligation to be met in whole or in part in such manner.
Except where the commission makes use of funds available toit by donations, grants or sale of labels, the commission shall not incur anyobligation prior to the allotment of funds by the compacting states adequate tomeet the same.
The commission shall keep accurate accounts of all receiptsand disbursements. The receipts and disbursements of the commission shall besubject to the audit and accounting procedures established under its bylaws.All receipts and disbursement of funds handled by the commission shall beaudited yearly by a certified or licensed public accountant and the report ofthe audit shall be included in and become part of the annual report of thecommission.
The accounts of the commission shall be open at anyreasonable time for inspection by duly constituted officers of the compactingstates and any person authorized by the commission. Nothing contained in thisArticle shall be construed to prevent commission compliance relating to auditor inspection of accounts by or on behalf of any government contributing to thesupport of the commission.
ARTICLE X
ENTRY INTO FORCE AND WITHDRAWAL
This compact shall enter into force when enacted into law byany three states. Thereafter, this compact shall become effective as to anyother state upon its enactment thereof. The commission shall arrange fornotification of all compacting states whenever there is a new enactment of thecompact.
Any compacting state may withdraw from this compact byenacting a statute repealing the same.
No withdrawal shall affect any liability already incurred byor chargeable to a compacting state prior to the time of such withdrawal.
ARTICLE XI
RECIPROCITY
If the commission determines that the standards forindustrialized/modular buildings prescribed by statute, rule or regulation ofcompacting state are at least equal to the commission's model rules andregulations for industrialized/modular buildings, and that such state standardsare enforced by the compacting state in accordance with the uniformadministrative procedures, industrialized/modular buildings approved by such acompacting state shall be deemed to have been approved by all the compactingstates for placement in those states in accordance with procedures prescribedby the commission.
ARTICLE XII
EFFECT ON OTHER LAWS AND JURISDICTION
Nothing in this compact shall be construed to:
(1) Withdraw or limit the jurisdiction of any state or localcourt or administrative officer or body with respect to any person, corporationor other entity or subject matter, except to the extent that such jurisdictionpursuant to this compact, is expressly conferred upon another agency or body.
(2) Supersede or limit the jurisdiction of any court of theUnited States.
ARTICLE XIII
CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuatethe purposes thereof.
The provisions of this compact shall be severable and if anyphrase, clause, sentence or provision of this compact is declared to becontrary to the constitution of any state or of the United States or theapplicability thereof to any government, agency, person or circumstances isheld invalid, the validity of the remainder of this compact and theapplicability thereof to any government, agency, person or circumstance shallnot be affected thereby. If this compact shall be held contrary to theconstitution of any state participating therein, the compact shall remain infull force and effect as to the remaining party states and in full force andeffect as to the state affected as to all severable matters.
§ 23-27.4-1 Compact entered into. –The Interstate Compact on Industrialized/Modular Buildings is enacted into lawand entered into by the State of Rhode Island with all other jurisdictionslegally joining therein in the form substantially as follows:
ARTICLE I
FINDINGS AND DECLARATIONS OF POLICY
(1) The compacting states find that:
Industrialized/modular buildings are constructed in factoriesin the various states and are a growing segment of the nation's affordablehousing and commercial building stock.
The regulation of industrialized/modular buildings variesfrom state to state and locality to locality, which creates confusion andburdens state and local building officials and the industrialized/modularbuilding industry. Regulation by multiple jurisdictions imposes additionalcosts, which are ultimately borne by the owners and users ofindustrialized/modular buildings, restricts market access and discourages thedevelopment and incorporation of new technologies.
(2) It is the policy of each of the compacting states to:
Provide the states which regulate the design and constructionof industrialized/modular buildings with a program to coordinate and uniformlyadopt and administer the states' rules and regulations for such buildings, allin a manner to assure interstate reciprocity.
Provide to the United States Congress assurances that wouldpreclude the need for a voluntary preemptive federal regulatory system formodular housing, as outlined in Section 572 of the Housing and CommunityDevelopment Act of 1987, including development of model standards for modularhousing construction, such that design and performance will insure quality,durability safety; will be in accordance with life-cycle cost-effective energyconservation standards; all to promote the lowest total construction andoperating costs over the life of such housing.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly requiresotherwise:
(1) "Commission" means the Interstate Industrialized/ModularBuildings Commission.
(2) "Industrialized/modular building" means any buildingwhich is of closed construction, i.e. constructed in such a manner thatconcealed parts or processes of manufacture cannot be inspected at the site,without disassembly, damage or destruction, and which is made or assembled inmanufacturing facilities, off the building site, for installation, or assemblyand installation, on the building site. "Industrialized/modular building"includes, but is not limited to, modular housing which is factory-builtsingle-family and multi-family housing (including closed wall panelizedhousing) and other modular, nonresidential buildings. "Industrialized/modularbuilding" does not include any structure subject to the requirements of theNational Manufactured Home Construction and Safety Standards Act of 1974.
(3) "State" means a state of the United States, territory orpossession of the United States, the District of Columbia, or the Commonwealthof Puerto Rico.
(4) "Uniform administrative procedures" means the proceduresadopted by the Commission (after consideration of any recommendations from therules development committee) which state and local officials, and otherparties, in one state, will utilize to assure state and local officials, andother parties, in other states, of the substantial compliance ofindustrialized/modular building construction with the construction standard ofrequirements of such other states; to assess the adequacy of building systems;and to verify and assure the competency and performance of evaluation andinspection agencies.
(5) "Model rules and regulations for industrialized/modularbuildings" means the construction standards adopted by the Commission (afterconsideration of any recommendations from the rules development committee)which govern the design, manufacture, handling, storage, delivery andinstallation of industrialized/modular buildings and building components. Theconstruction standards and any amendments thereof shall conform insofar aspracticable to model building codes and referenced standards generally acceptedand in use throughout the United States.
(6) "Interim reciprocal agreement" means a formal reciprocalagreement between a noncompacting state wherein the noncompacting state agreesthat labels evidencing compliance with the model rules and regulations forindustrialized/modular buildings, as authorized in Article VIII, item No. 14,shall be accepted by the state and its subdivisions to permit installation anduse of industrialized/modular buildings. Further, the noncompacting stateagrees that by legislation or regulation, and appropriate enforcement byuniform administrative procedures, the noncompacting state requires allindustrialized/modular building manufacturers within that state to comply withthe model rules and regulations for industrialized/modular buildings.
ARTICLE III
CREATION OF COMMISSION
The compacting states hereby create the InterstateIndustrialized/Modular Buildings Commission, hereinafter called commission.Said commission shall be a body corporate of each compacting state and anagency thereof. The commission shall have all the powers and duties set forthherein and such additional powers as may be conferred upon it by subsequentaction of the respective legislatures of the compacting states.
ARTICLE IV
SELECTION OF COMMISSIONERS
The commission shall be selected as follows:
As each state becomes a compacting state, one resident shallbe appointed as commissioner. The commissioner shall be selected by thegovernor of the compacting state, being designated from the state agencycharged with regulating industrialized/modular buildings or, if such stateagency does not exist, being designated from among those building officialswith the most appropriate responsibilities in the state. The commissioner maydesignate another official as an alternate to act on behalf of the commissionerat commission meetings which the commissioner is unable to attend. Each statecommissioner shall be appointed, suspended or removed and shall serve subjectto and in accordance with the laws of the state which said commissionerrepresents; and each vacancy occurring shall be filled in accordance with thelaws of the state wherein the vacancy exists.
When three state commissioners have been appointed in themanner described, those state commissioners shall select one additionalcommissioner who shall be a representative of manufacturers industrial orcommercial use of industrialized/modular buildings.
When six state commissioners have been appointed, the statecommissioners shall select a third additional commissioner who shall be arepresentative of manufacturers of residential-use industrialized/modularbuildings.
With each addition of three state commissioners, the statecommissioners shall appoint one additional manufacturing representativecommissioner, alternating between a representative of manufacturers ofindustrial-or commercial-use industrialized/modular buildings andresidential-use industrialized/modular buildings. With each addition of twelvestate commissioners, the state commissioners shall appoint one additionalcommissioner, who represents consumers of industrialized/modular buildings.
The subsequent appointment of all representativecommissioners shall be in this same manner, maintaining a ratio of manufacturerrepresentatives to consumer representatives of four to one.
In the event states withdraw from the compact or, for anyother reason, the number of state commissioners is reduced, the statecommissioners shall remove the last added representative commissioner asnecessary to maintain a balance of state commissioners to representativecommissioners in the same proportion as the appointments outlined herein.
Upon a majority vote of the state commissioners, the statecommissioners may remove, fill a vacancy created by or replace anyrepresentative commissioner, provided that any replacement is made from thesame representative group and a three to one ratio is maintained.
Unless provided otherwise, the representative commissionershave the same authority and responsibility as the state commissioners. Inaddition, the commission may have as a member one commissioner representing theUnited States government if federal law authorizes such representation. Suchcommissioner shall not vote on matters before the commission. Such commissionershall be appointed by the President of the United States, or in such othermanner as may be provided by Congress.
ARTICLE V
VOTING
Each commissioner (except the commissioner representing theUnited States government) shall be entitled to one vote on the commission. Amajority of the commissioners shall constitute a quorum for the transaction ofbusiness. Any business transacted at any meeting of the commission must be byaffirmative vote of a majority of the quorum present and voting.
ARTICLE VI
ORGANIZATION AND MANAGEMENT
The commission shall elect annually, from among its members,a Chairperson, a Vice Chairperson and a Treasurer. The commission shall alsoselect a Secretariat, which shall provide an individual who shall serve asSecretary of the commission. The commission shall fix and determine the dutiesand compensation of the Secretariat.
The commissioners shall serve without compensation, but shallbe reimbursed for their actual and necessary expenses from the funds of thecommission.
The commission shall adopt a seal.
The commission shall adopt bylaws, rules, and regulations forthe conduct of its business, and shall have the power to amend and rescindthese bylaws, rules the regulations.
The commission shall establish and maintain an office at thesame location as the office maintained by the Secretariat for the transactionof its business and may meet at any time, but in any event must meet at leastonce a year. The chairman may call additional meetings and upon the request ofa majority of the commissioners of three or more of the compacting states shallcall an additional meeting.
The commission annually shall make the governor andlegislature of each compacting state a report covering its activities for thepreceding year.
Any donation or grant accepted by the commission or servicesborrowed shall be reported in the annual report of the commission and shallinclude the nature, amount and conditions, if any, of the donation, gift orservices borrowed and the identity of the donor or lender.
The commission may make additional reports as it may deemdesirable.
ARTICLE VII
COMMITTEES
The commission will establish such committees as it deemsnecessary, including, but not limited to, the following:
(1) An executive committee which functions when the fullcommission is not meeting, as provided in the bylaws of the commission. Theexecutive committee will ensure that proper procedures are followed inimplementing the commission's programs and in carrying out the activities ofthe compact.
The executive committee shall be elected by vote of thecommission. It shall be comprised of at least three and no more than ninecommissioners, selected from those commissioners who are representatives of thegovernor of their respective state.
(2) A rules development committee appointed by the commission.
The Committee shall be consensus-based and consist of notless than 7 nor more than 21 members.
Committee members will include state building regulatoryofficials; manufacturers of industrialized/modular buildings; private,third-party inspection agencies; and consumers. This committee may recommendprocedures which state and local officials, and other parties, in one state,may utilize to assure state and local officials, and in other parties, in otherstates, of the substantial compliance of industrialized/modular buildingconstruction with the construction standard requirements of such other states;to assess the adequacy of building systems; and to verify and assure thecompetency and performance of evaluation and inspection agencies. Thiscommittee may also recommend construction standards for the design,manufacture, handling, storage, delivery and installation ofindustrialized/modular buildings and building components. The committee willsubmit its recommendations to the commission, for the commission'sconsideration in adopting and amending the uniform administrative proceduresand the model rules and regulations for industrialized/modular buildings. Thecommittee may also review the regulatory programs of the compacting states todetermine whether those programs are consistent with the uniform administrativeprocedures or the model rules and regulations for industrialized/modularbuildings and may make recommendations concerning the states' programs to thecommission. In carrying out its functions, the rules committee may conductpublic hearings and otherwise solicit public input and comment.
(3) Any other advisory, coordinating or technical committees,membership on which may include private persons, public officials, associationsor organizations. Such committees may consider any matter of concern to thecommission.
(4) Such additional committees as the commission's bylaws mayprovide.
ARTICLE VIII
POWER AND AUTHORITY
In addition to the powers conferred elsewhere in thiscompact, the commission shall have power to:
(1) Collect, analyze and disseminate information relating toindustrialized/modular buildings.
(2) Undertake studies of existing laws, codes, rules andregulations, and administrative practices of the states relating toindustrialized/modular buildings.
(3) Assist and support committees and organizations whichpromulgate, maintain and update model codes or recommendations for uniformadministrative procedures or model rules and regulations forindustrialized/modular buildings.
(4) Adopt and amend uniform administrative procedures andmodel rules and regulations for industrialized/modular buildings.
(5) Make recommendations to compacting states for the purposeof bringing such states' laws, codes, rules and regulations and administrativepractices into conformance with the uniform administrative practices intoconformance with the uniform administrative procedures or the model rules andregulations for industrialized/modular buildings, provided that suchrecommendations shall be made to the appropriate state agency with dueconsideration for the desirability of uniformity while also giving appropriateconsideration to special circumstances which may justify variations necessaryto meet unique local conditions.
(6) Assist and support the compacting states with monitoringof plan review programs and inspection programs, which will assure that thecompacting states have the benefit of uniform industrialized/modular buildingplan review and inspection programs.
(7) Assist and support organizations which train state andlocal government and other program personnel in the use of uniformindustrialized/modular building plan review and inspection programs.
(8) Encourage and promote coordination of state regulatoryaction relating to manufacturers, public or private inspection programs.
(9) Create and sell labels to be affixed toindustrialized/modular building units, constructed in or regulated bycompacting states, where such labels will evidence compliance with the modelrules and regulations for industrialized/modular buildings, enforced inaccordance with the uniform administrative procedures. The commission may usereceipts from the sale of labels to help defray the operating expenses of thecommission.
(10) Assist and support compacting states' investigationsinto and resolutions of consumer complaints which relate toindustrialized/modular buildings constructed in one compacting state and sitedin another compacting state.
(11) Borrow, accept or contract for the services of personnelfrom any state or the United States or any subdivision or agency thereof, fromany interstate agency, or from any institution, association, person, firm orcorporation.
(12) Accept for any of its purposes and functions under thiscompact any and all donations, and grants of money, equipment, supplies,materials and services (conditional or otherwise) from any state or the UnitedStates or any subdivision or agency thereof, from any interstate agency, orfrom any institution, person, firm or corporation, and may receive, utilize anddispose of the same.
(13) Establish and maintain such facilities as may benecessary for the transacting of its business.
The commission may acquire, hold, and convey real andpersonal property and any interest therein.
(14) Enter into contracts and agreements, including but notlimited to, interim reciprocal agreements with noncompacting states.
ARTICLE IX
FINANCE
The commission shall submit to the governor or designatedofficer or officers of each compacting state a budget of its estimatedexpenditures for such period as may be required by the laws of that state forpresentation to the legislature thereof.
Each of the commission's budgets of estimated expendituresshall contain specific recommendations of the amounts to be appropriated byeach of the compacting states. Said state appropriation shall be paid from feesreceived from the manufacturers and third party agents and deposited in thestate building commissioner's restricted receipt account. The total amount ofappropriations requested under any such budget shall be apportioned among thecompacting states as follows: one-half in equal shares; one-fourth among thecompacting states in accordance with the ratio of their populations to thetotal population of the compacting states, based on the last decennial federalcensus; and one-fourth among the compacting states in accordance with the ratioof industrialized/modular building units manufactured in each state to thetotal of all units manufactured in all of the compacting states.
The commission shall not pledge the credit of any compactingstate. The commission may meet any of its obligations in whole or in part withfunds available to it by donations, grants, or sale of labels: provided thatthe commission takes specific action setting aside such funds prior toincurring any obligation to be met in whole or in part in such manner.
Except where the commission makes use of funds available toit by donations, grants or sale of labels, the commission shall not incur anyobligation prior to the allotment of funds by the compacting states adequate tomeet the same.
The commission shall keep accurate accounts of all receiptsand disbursements. The receipts and disbursements of the commission shall besubject to the audit and accounting procedures established under its bylaws.All receipts and disbursement of funds handled by the commission shall beaudited yearly by a certified or licensed public accountant and the report ofthe audit shall be included in and become part of the annual report of thecommission.
The accounts of the commission shall be open at anyreasonable time for inspection by duly constituted officers of the compactingstates and any person authorized by the commission. Nothing contained in thisArticle shall be construed to prevent commission compliance relating to auditor inspection of accounts by or on behalf of any government contributing to thesupport of the commission.
ARTICLE X
ENTRY INTO FORCE AND WITHDRAWAL
This compact shall enter into force when enacted into law byany three states. Thereafter, this compact shall become effective as to anyother state upon its enactment thereof. The commission shall arrange fornotification of all compacting states whenever there is a new enactment of thecompact.
Any compacting state may withdraw from this compact byenacting a statute repealing the same.
No withdrawal shall affect any liability already incurred byor chargeable to a compacting state prior to the time of such withdrawal.
ARTICLE XI
RECIPROCITY
If the commission determines that the standards forindustrialized/modular buildings prescribed by statute, rule or regulation ofcompacting state are at least equal to the commission's model rules andregulations for industrialized/modular buildings, and that such state standardsare enforced by the compacting state in accordance with the uniformadministrative procedures, industrialized/modular buildings approved by such acompacting state shall be deemed to have been approved by all the compactingstates for placement in those states in accordance with procedures prescribedby the commission.
ARTICLE XII
EFFECT ON OTHER LAWS AND JURISDICTION
Nothing in this compact shall be construed to:
(1) Withdraw or limit the jurisdiction of any state or localcourt or administrative officer or body with respect to any person, corporationor other entity or subject matter, except to the extent that such jurisdictionpursuant to this compact, is expressly conferred upon another agency or body.
(2) Supersede or limit the jurisdiction of any court of theUnited States.
ARTICLE XIII
CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuatethe purposes thereof.
The provisions of this compact shall be severable and if anyphrase, clause, sentence or provision of this compact is declared to becontrary to the constitution of any state or of the United States or theapplicability thereof to any government, agency, person or circumstances isheld invalid, the validity of the remainder of this compact and theapplicability thereof to any government, agency, person or circumstance shallnot be affected thereby. If this compact shall be held contrary to theconstitution of any state participating therein, the compact shall remain infull force and effect as to the remaining party states and in full force andeffect as to the state affected as to all severable matters.
§ 23-27.4-1 Compact entered into. –The Interstate Compact on Industrialized/Modular Buildings is enacted into lawand entered into by the State of Rhode Island with all other jurisdictionslegally joining therein in the form substantially as follows:
ARTICLE I
FINDINGS AND DECLARATIONS OF POLICY
(1) The compacting states find that:
Industrialized/modular buildings are constructed in factoriesin the various states and are a growing segment of the nation's affordablehousing and commercial building stock.
The regulation of industrialized/modular buildings variesfrom state to state and locality to locality, which creates confusion andburdens state and local building officials and the industrialized/modularbuilding industry. Regulation by multiple jurisdictions imposes additionalcosts, which are ultimately borne by the owners and users ofindustrialized/modular buildings, restricts market access and discourages thedevelopment and incorporation of new technologies.
(2) It is the policy of each of the compacting states to:
Provide the states which regulate the design and constructionof industrialized/modular buildings with a program to coordinate and uniformlyadopt and administer the states' rules and regulations for such buildings, allin a manner to assure interstate reciprocity.
Provide to the United States Congress assurances that wouldpreclude the need for a voluntary preemptive federal regulatory system formodular housing, as outlined in Section 572 of the Housing and CommunityDevelopment Act of 1987, including development of model standards for modularhousing construction, such that design and performance will insure quality,durability safety; will be in accordance with life-cycle cost-effective energyconservation standards; all to promote the lowest total construction andoperating costs over the life of such housing.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly requiresotherwise:
(1) "Commission" means the Interstate Industrialized/ModularBuildings Commission.
(2) "Industrialized/modular building" means any buildingwhich is of closed construction, i.e. constructed in such a manner thatconcealed parts or processes of manufacture cannot be inspected at the site,without disassembly, damage or destruction, and which is made or assembled inmanufacturing facilities, off the building site, for installation, or assemblyand installation, on the building site. "Industrialized/modular building"includes, but is not limited to, modular housing which is factory-builtsingle-family and multi-family housing (including closed wall panelizedhousing) and other modular, nonresidential buildings. "Industrialized/modularbuilding" does not include any structure subject to the requirements of theNational Manufactured Home Construction and Safety Standards Act of 1974.
(3) "State" means a state of the United States, territory orpossession of the United States, the District of Columbia, or the Commonwealthof Puerto Rico.
(4) "Uniform administrative procedures" means the proceduresadopted by the Commission (after consideration of any recommendations from therules development committee) which state and local officials, and otherparties, in one state, will utilize to assure state and local officials, andother parties, in other states, of the substantial compliance ofindustrialized/modular building construction with the construction standard ofrequirements of such other states; to assess the adequacy of building systems;and to verify and assure the competency and performance of evaluation andinspection agencies.
(5) "Model rules and regulations for industrialized/modularbuildings" means the construction standards adopted by the Commission (afterconsideration of any recommendations from the rules development committee)which govern the design, manufacture, handling, storage, delivery andinstallation of industrialized/modular buildings and building components. Theconstruction standards and any amendments thereof shall conform insofar aspracticable to model building codes and referenced standards generally acceptedand in use throughout the United States.
(6) "Interim reciprocal agreement" means a formal reciprocalagreement between a noncompacting state wherein the noncompacting state agreesthat labels evidencing compliance with the model rules and regulations forindustrialized/modular buildings, as authorized in Article VIII, item No. 14,shall be accepted by the state and its subdivisions to permit installation anduse of industrialized/modular buildings. Further, the noncompacting stateagrees that by legislation or regulation, and appropriate enforcement byuniform administrative procedures, the noncompacting state requires allindustrialized/modular building manufacturers within that state to comply withthe model rules and regulations for industrialized/modular buildings.
ARTICLE III
CREATION OF COMMISSION
The compacting states hereby create the InterstateIndustrialized/Modular Buildings Commission, hereinafter called commission.Said commission shall be a body corporate of each compacting state and anagency thereof. The commission shall have all the powers and duties set forthherein and such additional powers as may be conferred upon it by subsequentaction of the respective legislatures of the compacting states.
ARTICLE IV
SELECTION OF COMMISSIONERS
The commission shall be selected as follows:
As each state becomes a compacting state, one resident shallbe appointed as commissioner. The commissioner shall be selected by thegovernor of the compacting state, being designated from the state agencycharged with regulating industrialized/modular buildings or, if such stateagency does not exist, being designated from among those building officialswith the most appropriate responsibilities in the state. The commissioner maydesignate another official as an alternate to act on behalf of the commissionerat commission meetings which the commissioner is unable to attend. Each statecommissioner shall be appointed, suspended or removed and shall serve subjectto and in accordance with the laws of the state which said commissionerrepresents; and each vacancy occurring shall be filled in accordance with thelaws of the state wherein the vacancy exists.
When three state commissioners have been appointed in themanner described, those state commissioners shall select one additionalcommissioner who shall be a representative of manufacturers industrial orcommercial use of industrialized/modular buildings.
When six state commissioners have been appointed, the statecommissioners shall select a third additional commissioner who shall be arepresentative of manufacturers of residential-use industrialized/modularbuildings.
With each addition of three state commissioners, the statecommissioners shall appoint one additional manufacturing representativecommissioner, alternating between a representative of manufacturers ofindustrial-or commercial-use industrialized/modular buildings andresidential-use industrialized/modular buildings. With each addition of twelvestate commissioners, the state commissioners shall appoint one additionalcommissioner, who represents consumers of industrialized/modular buildings.
The subsequent appointment of all representativecommissioners shall be in this same manner, maintaining a ratio of manufacturerrepresentatives to consumer representatives of four to one.
In the event states withdraw from the compact or, for anyother reason, the number of state commissioners is reduced, the statecommissioners shall remove the last added representative commissioner asnecessary to maintain a balance of state commissioners to representativecommissioners in the same proportion as the appointments outlined herein.
Upon a majority vote of the state commissioners, the statecommissioners may remove, fill a vacancy created by or replace anyrepresentative commissioner, provided that any replacement is made from thesame representative group and a three to one ratio is maintained.
Unless provided otherwise, the representative commissionershave the same authority and responsibility as the state commissioners. Inaddition, the commission may have as a member one commissioner representing theUnited States government if federal law authorizes such representation. Suchcommissioner shall not vote on matters before the commission. Such commissionershall be appointed by the President of the United States, or in such othermanner as may be provided by Congress.
ARTICLE V
VOTING
Each commissioner (except the commissioner representing theUnited States government) shall be entitled to one vote on the commission. Amajority of the commissioners shall constitute a quorum for the transaction ofbusiness. Any business transacted at any meeting of the commission must be byaffirmative vote of a majority of the quorum present and voting.
ARTICLE VI
ORGANIZATION AND MANAGEMENT
The commission shall elect annually, from among its members,a Chairperson, a Vice Chairperson and a Treasurer. The commission shall alsoselect a Secretariat, which shall provide an individual who shall serve asSecretary of the commission. The commission shall fix and determine the dutiesand compensation of the Secretariat.
The commissioners shall serve without compensation, but shallbe reimbursed for their actual and necessary expenses from the funds of thecommission.
The commission shall adopt a seal.
The commission shall adopt bylaws, rules, and regulations forthe conduct of its business, and shall have the power to amend and rescindthese bylaws, rules the regulations.
The commission shall establish and maintain an office at thesame location as the office maintained by the Secretariat for the transactionof its business and may meet at any time, but in any event must meet at leastonce a year. The chairman may call additional meetings and upon the request ofa majority of the commissioners of three or more of the compacting states shallcall an additional meeting.
The commission annually shall make the governor andlegislature of each compacting state a report covering its activities for thepreceding year.
Any donation or grant accepted by the commission or servicesborrowed shall be reported in the annual report of the commission and shallinclude the nature, amount and conditions, if any, of the donation, gift orservices borrowed and the identity of the donor or lender.
The commission may make additional reports as it may deemdesirable.
ARTICLE VII
COMMITTEES
The commission will establish such committees as it deemsnecessary, including, but not limited to, the following:
(1) An executive committee which functions when the fullcommission is not meeting, as provided in the bylaws of the commission. Theexecutive committee will ensure that proper procedures are followed inimplementing the commission's programs and in carrying out the activities ofthe compact.
The executive committee shall be elected by vote of thecommission. It shall be comprised of at least three and no more than ninecommissioners, selected from those commissioners who are representatives of thegovernor of their respective state.
(2) A rules development committee appointed by the commission.
The Committee shall be consensus-based and consist of notless than 7 nor more than 21 members.
Committee members will include state building regulatoryofficials; manufacturers of industrialized/modular buildings; private,third-party inspection agencies; and consumers. This committee may recommendprocedures which state and local officials, and other parties, in one state,may utilize to assure state and local officials, and in other parties, in otherstates, of the substantial compliance of industrialized/modular buildingconstruction with the construction standard requirements of such other states;to assess the adequacy of building systems; and to verify and assure thecompetency and performance of evaluation and inspection agencies. Thiscommittee may also recommend construction standards for the design,manufacture, handling, storage, delivery and installation ofindustrialized/modular buildings and building components. The committee willsubmit its recommendations to the commission, for the commission'sconsideration in adopting and amending the uniform administrative proceduresand the model rules and regulations for industrialized/modular buildings. Thecommittee may also review the regulatory programs of the compacting states todetermine whether those programs are consistent with the uniform administrativeprocedures or the model rules and regulations for industrialized/modularbuildings and may make recommendations concerning the states' programs to thecommission. In carrying out its functions, the rules committee may conductpublic hearings and otherwise solicit public input and comment.
(3) Any other advisory, coordinating or technical committees,membership on which may include private persons, public officials, associationsor organizations. Such committees may consider any matter of concern to thecommission.
(4) Such additional committees as the commission's bylaws mayprovide.
ARTICLE VIII
POWER AND AUTHORITY
In addition to the powers conferred elsewhere in thiscompact, the commission shall have power to:
(1) Collect, analyze and disseminate information relating toindustrialized/modular buildings.
(2) Undertake studies of existing laws, codes, rules andregulations, and administrative practices of the states relating toindustrialized/modular buildings.
(3) Assist and support committees and organizations whichpromulgate, maintain and update model codes or recommendations for uniformadministrative procedures or model rules and regulations forindustrialized/modular buildings.
(4) Adopt and amend uniform administrative procedures andmodel rules and regulations for industrialized/modular buildings.
(5) Make recommendations to compacting states for the purposeof bringing such states' laws, codes, rules and regulations and administrativepractices into conformance with the uniform administrative practices intoconformance with the uniform administrative procedures or the model rules andregulations for industrialized/modular buildings, provided that suchrecommendations shall be made to the appropriate state agency with dueconsideration for the desirability of uniformity while also giving appropriateconsideration to special circumstances which may justify variations necessaryto meet unique local conditions.
(6) Assist and support the compacting states with monitoringof plan review programs and inspection programs, which will assure that thecompacting states have the benefit of uniform industrialized/modular buildingplan review and inspection programs.
(7) Assist and support organizations which train state andlocal government and other program personnel in the use of uniformindustrialized/modular building plan review and inspection programs.
(8) Encourage and promote coordination of state regulatoryaction relating to manufacturers, public or private inspection programs.
(9) Create and sell labels to be affixed toindustrialized/modular building units, constructed in or regulated bycompacting states, where such labels will evidence compliance with the modelrules and regulations for industrialized/modular buildings, enforced inaccordance with the uniform administrative procedures. The commission may usereceipts from the sale of labels to help defray the operating expenses of thecommission.
(10) Assist and support compacting states' investigationsinto and resolutions of consumer complaints which relate toindustrialized/modular buildings constructed in one compacting state and sitedin another compacting state.
(11) Borrow, accept or contract for the services of personnelfrom any state or the United States or any subdivision or agency thereof, fromany interstate agency, or from any institution, association, person, firm orcorporation.
(12) Accept for any of its purposes and functions under thiscompact any and all donations, and grants of money, equipment, supplies,materials and services (conditional or otherwise) from any state or the UnitedStates or any subdivision or agency thereof, from any interstate agency, orfrom any institution, person, firm or corporation, and may receive, utilize anddispose of the same.
(13) Establish and maintain such facilities as may benecessary for the transacting of its business.
The commission may acquire, hold, and convey real andpersonal property and any interest therein.
(14) Enter into contracts and agreements, including but notlimited to, interim reciprocal agreements with noncompacting states.
ARTICLE IX
FINANCE
The commission shall submit to the governor or designatedofficer or officers of each compacting state a budget of its estimatedexpenditures for such period as may be required by the laws of that state forpresentation to the legislature thereof.
Each of the commission's budgets of estimated expendituresshall contain specific recommendations of the amounts to be appropriated byeach of the compacting states. Said state appropriation shall be paid from feesreceived from the manufacturers and third party agents and deposited in thestate building commissioner's restricted receipt account. The total amount ofappropriations requested under any such budget shall be apportioned among thecompacting states as follows: one-half in equal shares; one-fourth among thecompacting states in accordance with the ratio of their populations to thetotal population of the compacting states, based on the last decennial federalcensus; and one-fourth among the compacting states in accordance with the ratioof industrialized/modular building units manufactured in each state to thetotal of all units manufactured in all of the compacting states.
The commission shall not pledge the credit of any compactingstate. The commission may meet any of its obligations in whole or in part withfunds available to it by donations, grants, or sale of labels: provided thatthe commission takes specific action setting aside such funds prior toincurring any obligation to be met in whole or in part in such manner.
Except where the commission makes use of funds available toit by donations, grants or sale of labels, the commission shall not incur anyobligation prior to the allotment of funds by the compacting states adequate tomeet the same.
The commission shall keep accurate accounts of all receiptsand disbursements. The receipts and disbursements of the commission shall besubject to the audit and accounting procedures established under its bylaws.All receipts and disbursement of funds handled by the commission shall beaudited yearly by a certified or licensed public accountant and the report ofthe audit shall be included in and become part of the annual report of thecommission.
The accounts of the commission shall be open at anyreasonable time for inspection by duly constituted officers of the compactingstates and any person authorized by the commission. Nothing contained in thisArticle shall be construed to prevent commission compliance relating to auditor inspection of accounts by or on behalf of any government contributing to thesupport of the commission.
ARTICLE X
ENTRY INTO FORCE AND WITHDRAWAL
This compact shall enter into force when enacted into law byany three states. Thereafter, this compact shall become effective as to anyother state upon its enactment thereof. The commission shall arrange fornotification of all compacting states whenever there is a new enactment of thecompact.
Any compacting state may withdraw from this compact byenacting a statute repealing the same.
No withdrawal shall affect any liability already incurred byor chargeable to a compacting state prior to the time of such withdrawal.
ARTICLE XI
RECIPROCITY
If the commission determines that the standards forindustrialized/modular buildings prescribed by statute, rule or regulation ofcompacting state are at least equal to the commission's model rules andregulations for industrialized/modular buildings, and that such state standardsare enforced by the compacting state in accordance with the uniformadministrative procedures, industrialized/modular buildings approved by such acompacting state shall be deemed to have been approved by all the compactingstates for placement in those states in accordance with procedures prescribedby the commission.
ARTICLE XII
EFFECT ON OTHER LAWS AND JURISDICTION
Nothing in this compact shall be construed to:
(1) Withdraw or limit the jurisdiction of any state or localcourt or administrative officer or body with respect to any person, corporationor other entity or subject matter, except to the extent that such jurisdictionpursuant to this compact, is expressly conferred upon another agency or body.
(2) Supersede or limit the jurisdiction of any court of theUnited States.
ARTICLE XIII
CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuatethe purposes thereof.
The provisions of this compact shall be severable and if anyphrase, clause, sentence or provision of this compact is declared to becontrary to the constitution of any state or of the United States or theapplicability thereof to any government, agency, person or circumstances isheld invalid, the validity of the remainder of this compact and theapplicability thereof to any government, agency, person or circumstance shallnot be affected thereby. If this compact shall be held contrary to theconstitution of any state participating therein, the compact shall remain infull force and effect as to the remaining party states and in full force andeffect as to the state affected as to all severable matters.
