[46 Pa.B. 6976]
[Saturday, November 5, 2016]
[Continued from previous Web Page]
STANDARDS § 145.41. Adoption of standards.
(a) The following codes, which relate to the design, materials and method of construction of buildings, are adopted as the standards applicable to the industrialized housing, housing components, industrialized buildings or building components for purposes of this chapter:
(1) The ICC International Building Code.
(2) The ICC International Mechanical Code.
(3) The ICC International Plumbing Code.
(4) The International Energy Conservation Code.
(5) The National Electric Code (NFPA No. 70).
(6) The ICC International Residential Code (for one and two family dwellings and town homes) except:
(i) Section R313.2, regarding automatic fire sprinkler systems in one-family and two-family dwellings, of the 2009 International Residential Code. Successor triennial revisions are excluded.
(ii) Sections R602.10SR602.12.1.6, regarding wall bracing requirements, are excluded and replaced by §§ R602.10RR602.11.3 of the 2006 International Residential Code.
(b) Except as provided in § 145.43 (relating to amendment policy), the codes must be the latest edition. The effective date of all code changes must be in accordance with §§ 145.44 and 145.122(b) (relating to adoption and effective dates—code amendments; and effective date).
(c) Insulation technique and installation applicable to the floor or foundation wall is not always practical at the manufacturing facility. Builders or contractors of industrialized houses or buildings may supply and install the required floor or foundation wall insulation. If the floor or foundation wall insulation is not installed at the manufacturing facility, the manufacturer shall indicate on the Site Installation Inspection Checklist referenced in § 145.91(e) (relating to reports to the Department) that the insulation shall be installed onsite.
(d) The provisions of the codes in subsection (a) that relate specifically to the interpretation, administration and enforcement of the codes and to matters which are not within the authority conferred on the Department by the act and this chapter are not adopted under this chapter and are not applicable in the administration and enforcement of this chapter. If there is an inconsistency or conflict between the provisions of a code adopted under this chapter and this chapter, this chapter will prevail.
(e) Only listed and labeled materials listed for use as documented shall be used in all construction.
§ 145.42. Alternate standards.
(a) As an alternative to the primary codes specified in § 145.41 (relating to adoption of standards), a manufacturer may elect to satisfy the requirements of the following alternate standards. Copies of these documents are available through the respective promulgating agencies as defined in § 145.47 (relating to acquisition of adopted codes and amendments):
(1) As an alternate to the ICC International Residential Code, Chapter 11, regarding energy efficiency, the manufacturer may use the applicable edition of one of the following:
(i) The prescriptive methods for residential buildings in the International Energy Conservation Code compliance guide containing state maps, prescriptive energy packages and related software published by the United States Department of Energy, Building Standards and Guidelines Program (REScheckTM).
(ii) Pennsylvania's Alternative Residential Energy Provisions developed by the Pennsylvania Housing Research Center at the Pennsylvania State University.
(2) As an alternate to the ICC International Residential Code, Chapter 3, regarding building planning, in regard to stairway construction, the manufacturer may use the following standard:
(i) The maximum riser height must be 8 1/4 inches. There may be no more than 3/8-inch variation in riser height within a flight of stairs. The riser height is to be measured vertically between leading edges of the adjacent treads.
(ii) The minimum tread depth must be 9 inches measured from tread nosing to tread nosing. There may be no more than 3/8-inch variation in tread depth within a flight of stairs.
(iii) Treads may have a uniform projection of not more than 1 1/2 inches when solid risers are used.
(iv) Stairways may not be less than 3 feet in clear width and clear head room of 6 feet 8 inches must be maintained for the entire run of the stairway.
(v) Handrails may project from each side of a stairway a distance of 3 1/2 inches into the required width of the stairway.
(3) As an alternate to the ICC International Building Code, Chapter 13, regarding energy efficiency, the manufacturer may use the applicable edition of prescriptive methods for buildings or structures in the current version of the International Energy Conservation Code compliance guide containing state maps, prescriptive packages and related software published by the United States Department of Energy, Building Standards and Guidelines Program (COMcheckTM).
(b) Except as provided in § 145.43 (relating to amendment policy), the codes must be the latest edition. The effective date of code changes must be in accordance with §§ 145.44 and 145.122(b) (relating to adoption and effective dates—code amendments; and effective date).
CERTIFICATION § 145.51. General requirements for certification.
Industrialized housing, housing components, industrialized buildings or building components shall be certified if the building system documentation and the compliance assurance program relating to its design, materials, manufacture, transportation and installation have been approved by an evaluation agency under contractual arrangement with the Department as provided in § 145.78(b) (relating to contractual arrangements), and if the industrialized housing, housing components, industrialized buildings or building components have been manufactured under approved building system documentation, inspected and approved by an inspection agency. Certification shall be evidenced by insignia of certification which conform to the requirements of this chapter and which shall be issued for each module of industrialized housing, industrialized building and for each housing or building component or set of components that, upon installation, are incorporated in a dwelling unit or building as applicable.
§ 145.53. Variations.
Building system documentation approved under § 145.52 (relating to approval of building system documentation) may contain variations or a range of variations for one or more elements of the industrialized housing, housing components, industrialized buildings or building components described in the building system documentation, provided that the approved building system documentation conforms to all of the applicable requirements of the applicable codes and standards under each variation or set of variations within the range of variations. Any material deviation from variations contained within the approved building system documentation shall be approved by the evaluation agency, consistent with this chapter, prior to the start of construction.
§ 145.54. Building System Approval Report and Summary.
At the time that an evaluation agency approves a set of building system documentation under § 145.52 (relating to approval of building system documentation) and the related compliance assurance program under § 145.57 (relating to approval of compliance assurance program), it shall prepare a Building System Approval Report (BSAR) and a Building System Approval Summary. The BSAR must contain a list of the identification numbers of each sheet constituting the approved building system documentation, the Compliance Control Manual of the manufacturer, an Index of Code Compliance in the form specified by the Department for industrialized housing or buildings, a statement of the fire districts, if any, in which the industrialized housing or buildings can be installed, and the additional information relating to the building system documentation and the compliance assurance program as the evaluation agency deems necessary or as the Department may require. The Building System Approval Summary shall be prepared on a form furnished by the Department. The evaluation agency shall furnish to the Department and to the manufacturer one copy each of the BSAR and the Building System Approval Summary, clearly stating the date it is effective. The BSAR shall be revised monthly as needed.
§ 145.57. Approval of compliance assurance program.
An evaluation agency shall approve a compliance assurance program for purposes of this chapter if the evaluation agency determines that the manufacturer's compliance control program, described in the compliance control manual, meets the requirements of this chapter and the compliance control program will be monitored by an approved inspection agency. The evaluation agency shall review the manufacturer's building system documentation, the manufacturer's compliance control manual and the manufacturer's proposed implementing contract with an inspection agency, shall inspect each of the manufacturer's manufacturing facilities where the industrialized housing, housing components, industrialized buildings or building components are to be manufactured for installation on sites in this Commonwealth, and shall review the other data and information as the evaluation agency may deem necessary.
§ 145.58. Basic requirements for a compliance control program.
(a) An evaluation agency shall approve a compliance control program if it determines that the implementation of the compliance control program will assure that the industrialized housing, housing components, industrialized buildings or building components, when installed at the site, will conform to the approved building system documentation, the manufacturer possesses the facilities, personnel and organization to implement its compliance control program properly, and the requirements of this section are met. It is the policy of the Department to recognize that the level of sophistication of a compliance control program of a manufacturer will depend on many factors, including the level of sophistication and technological characteristics of the building system and the manufacturing process. It is further the policy of the Department that the maximum respect shall be accorded to a manufacturer's customary business practice consistent with achievement of the purposes of the act and this chapter. It is further the policy of the Department that the approval of a compliance control program under this chapter does not relieve the manufacturer and the inspection agency of responsibility for assuring that industrialized housing, housing components, industrialized buildings or building components manufactured for sale, lease or installation for use on sites in this Commonwealth conform in every material respect to the approved building system documentation.
(b) To facilitate review and approval, the manufacturer's compliance control program shall present an overview of its policies and procedures on the following:
(1) The placement, storage and handling of construction materials.
(2) The manufacturing process within the manufacturing facilities, including the jigs and fixtures necessary for production.
(3) The storage and transportation of industrialized housing, housing components, industrialized buildings or building components to the site, including detailed lifting calculations.
(4) The installation of industrialized housing, housing components, industrialized buildings or building components at the site, including the Site Installation Inspection Checklist, referenced in § 145.91(e) (relating to reports to the Department), identifying specific functions and techniques that are of critical importance.
(c) For approval, except as modified under subsection (e), the compliance control program must include requirements on the following items:
(1) Specific assignments of responsibility to designated divisions or employees of the manufacturer for every significant phase in the production, transportation and installation of the industrialized housing, housing components, industrialized buildings or building components.
(2) Procedures under which employees of the manufacturer inspect and approve each significant process in every significant phase of the manufacture, transportation and installation of the industrialized housing, housing components, industrialized buildings or building components.
(3) Procedures for marking identified deficiencies—such as serialized colored tags that can be attached to the deficiency—and for assuring their correction or the disposal of the deficient item.
(4) Procedures to assure that the fabrication or shop drawings for the industrialized housing, housing components, industrialized buildings or building components conform to the approved building system documentation or to the drawings approved by the third-party agency with whom the manufacturer has an implementing contract.
(5) Procedures to maintain, file and control fabrication or shop drawings and documents constituting the building system.
(6) Procedures to maintain complete and reliable records of the manufacture, transportation and installation of the industrialized housing, housing components, industrialized buildings or building components, each unit of which shall be assigned a manufacturer's serial number to facilitate identification.
(7) Procedures employed by the manufacturer to request, store and attach the insignia of certification issued to it by the Department under § 145.63 (relating to procedures for requesting, controlling and attaching insignia of certification).
(8) Procedures for controlling the storage and transportation of industrialized housing, housing components, industrialized buildings or building components from the manufacturing facilities to the site, identifying specific functions and techniques that are of critical importance.
(9) Procedures for controlling the installation of industrialized housing, housing components, industrialized buildings or industrialized building components at the site.
(10) A brief identification and description of physical testing to be performed at a point during a phase of manufacture, transportation and installation, the frequency of its performance, and the identification and qualifications of the persons performing the testing.
(d) The list of topics set forth in subsection (c) is not exclusive and is not intended to preclude additional items and greater details prior to approving a compliance control program.
(e) If a manufacturer transfers title to and effective control over its industrialized housing, housing components, industrialized buildings or building components to other, unrelated persons at a point prior to its installation at the site, the manufacturer shall be responsible for furnishing to the persons responsible for transportation and installation adequate information, manuals, checklists, Notices of Approval, and the like, relating to the transportation and installation of the industrialized housing, housing components, industrialized buildings or building components, including the relevant portions from its compliance control program referred to in subsections (c)(8)—(10), but the manufacturer may not be responsible for implementation after the transfer of title and effective control.
(f) An evaluation agency's approval of a compliance control program shall be evidenced by the stamp of approval of the evaluation agency affixed to the title page of the compliance control manual and signed and dated by a designated employee of the evaluation agency.
§ 145.60. Insignia of certification.
(a) Certified industrialized housing must bear an insignia of certification for each module. The insignia of certification will be furnished by the Department to the manufacturer under the procedures of § 145.63 (relating to procedures for requesting, controlling and attaching insignia of certification). The manufacturer shall permanently attach the insignia of certification for each module adjacent to the data plate located in a visible location in a cabinet under the kitchen sink, or if this cabinet is not available, the location must be clearly identified on the Site Installation Inspection Checklist referenced in § 145.91(e) (relating to reports to the Department). Insignias may not be attached to doors or other easily removable features of the home. Each insignia of certification must bear an insignia serial number furnished by the Department and contain the following language:
INSIGNIA OF CERTIFICATION FOR INDUSTRIALIZED HOUSING
Serial No. This insignia certifies that this dwelling unit of industrialized housing has been manufactured from plans, specifications and other related design documents under a compliance assurance program in accordance with the requirements of the Industrialized Housing Act and the regulations issued thereunder by the Department of Community and Economic Development of the Commonwealth of Pennsylvania.
(b) Each certified housing component or components comprising a single unit or added to a single dwelling unit must bear an insignia of certification for housing components. The insignia of certification will be furnished by the Department to the manufacturer under the procedures of § 145.63. The manufacturer shall permanently attach the insignia of certification to the housing component in a visible location identified in the building system documentation and must be clearly identified on the Site Installation Inspection Checklist referenced in § 145.91(e). Each insignia of certification must bear an insignia serial number furnished by the Department and contain the following language:
INSIGNIA OF CERTIFICATION FOR HOUSING COMPONENTS
Serial No. This insignia certifies that this housing component has been manufactured from plans, specifications and other related design documents under a compliance assurance program in accordance with the requirements of the Industrialized Housing Act and the regulations issued thereunder by the Department of Community and Economic Development of the Commonwealth of Pennsylvania.
(c) Certified industrialized buildings must bear insignia of certification for each module. The insignia of certification will be furnished by the Department to the manufacturer under the procedures of § 145.63. The manufacturer shall permanently attach the insignia of certification for each module in a visible location adjacent to the electrical panel box. If this area is unavailable, the location must be clearly identified on the Site Installation Inspection Checklist referenced in § 145.91(e). The insignia may not be attached to a door or other easily removable feature of the building. Each insignia of certification must bear an insignia serial number furnished by the Department and contain the following language:
INSIGNIA OF CERTIFICATION FOR INDUSTRIALIZED BUILDINGS
Serial No. This insignia certifies that this industrialized building module has been manufactured from plans, specifications and other related design documents under a compliance assurance program in accordance with the requirements of the Industrialized Housing Act and the regulations issued thereunder by the Department of Community and Economic Development of the Commonwealth of Pennsylvania.
(d) Certified industrialized building components, comprising a single building or unit, must bear insignia of certification for building components. The insignia of certification will be furnished by the Department to the manufacturer under the procedures of § 145.63. The manufacturer shall permanently attach the insignia of certification for each module in a visible location identified in the building system documentation and clearly identified on the Site Installation Inspection Checklist referenced in § 145.91(e). Each insignia of certification must bear an insignia serial number furnished by the Department and contain the following language:
INSIGNIA OF CERTIFICATION FOR INDUSTRIALIZED BUILDING COMPONENTS
Serial No. This insignia certifies that this industrialized building component has been manufactured from plans, specifications and other related design documents under a compliance assurance program in accordance with the requirements of the Industrialized Housing Act and the regulations issued thereunder by the Department of Community and Economic Development of the Commonwealth of Pennsylvania.
(e) An insignia of certification issued by the Department will be of a size and design and of materials and provide for the methods of attachment as determined by the Department.
§ 145.61. Insignia of inspection agencies.
(a) The inspection agency shall attach its label, seal or other insignia adjacent to the data plate for each industrialized housing or building module.
(b) The inspection agency shall attach its label, seal or other insignia, or other identification for certified housing or building components, or group of components, that are transported separately to the building site.
(c) The label, seal or other insignia of the inspection agency must identify the name of the inspection agency and have a serial number. In other respects, the inspection agency may design its label, seal or other insignia as it wishes, provided that the label, seal or other insignia does not contain statements which the Department determines are inconsistent with the act or this chapter. The label, seal or other insignia may be covered up during the process of assembly and installation at the building site so that it is not permanently visible.
§ 145.62. Data plates.
(a) A dwelling unit of certified industrialized housing must contain a data plate. The data plate shall be furnished by the manufacturer and be permanently attached by the manufacturer in a visible location as specified in § 145.60(a) (relating to insignia of certification). The data plate must contain the following information:
(1) Name of manufacturer.
(2) Address of principal office of manufacturer.
(3) Address of manufacturing facility where the industrialized housing or its principal elements were produced.
(4) Manufacturer's model name.
(5) Manufacturer's serial number for dwelling unit and date of manufacture.
(6) Inspection and evaluation agencies' serial numbers.
(7) Department insignia of certification numbers.
(8) Minimum Btu output of furnace needed to maintain average 70°F interior temperature at outside design temperature of __ F.
(9) Annual degree days for which the house has been designed.
(10) Snow loads—maximum.
(11) Wind loads—maximum.
(12) Floor loads—maximum, sleeping/nonsleeping.
(13) Other special environmental factors.
(14) Tests required and actually conducted.
(15) Applicable codes, including name of code, edition or year of publication.
(b) Certified housing components shall be provided with a data plate. The data plate shall be furnished by the manufacturer and be permanently attached by the manufacturer in a visible location identified in the Site Installation Inspection Checklist referenced in § 145.91(e) (relating to reports to the Department). If attachment in the factory is not possible, the data plate may be tethered to the certified housing components for attachment at the site. The manufacturer shall provide instructions for attachment along with the data plate. The insignia of certification of the Department may not be attached to the data plate. The data plate must contain the following information relating to the housing components:
(1) Name of manufacturer.
(2) Address of principal office of manufacturer.
(3) Address of manufacturing facility where housing components were produced.
(4) Manufacturer's model name.
(5) Manufacturer's serial number and date of manufacture for housing components.
(6) Inspection and evaluation agencies' serial numbers.
(7) Department insignia of certification numbers.
(8) Snow loads—maximum.
(9) Wind loads—maximum.
(10) Other special environmental factors, if applicable.
(11) Tests required and actually conducted.
(12) Thermal transmittance values.
(13) Applicable codes, including name of code, edition, year of publication and applicable supplement, if any.
(c) Additional information may be included on the data plate for dwelling units of certified industrialized housing and housing structures containing certified housing components if there is no conflict with the requirements of the act or this chapter. If less than the minimum data required in this section is deemed necessary, prior approval shall be obtained from the Department.
(d) To insure that proper installation equipment is utilized for the lifting of industrialized housing units or housing components, a manufacturer shall indicate on the data plate the total shipping weight in tons per component.
(e) Certified industrialized buildings must contain a data plate. The data plate shall be furnished by the manufacturer and be permanently attached by the manufacturer in a visible location as specified in § 145.60(c). The data plate must contain the following information:
(1) Name of manufacturer.
(2) Address of principal office of manufacturer.
(3) Address of manufacturing facility where the industrialized building or its principal elements were produced.
(4) Manufacturer's model name.
(5) Manufacturer's serial number and date of manufacture.
(6) Inspection and evaluation agencies' serial numbers.
(7) Department insignia of certification numbers.
(8) Occupancy classification as provided for in § 145.41 (relating to adoption of standards).
(9) Construction classification.
(10) Snow loads—maximum.
(11) Wind loads—maximum.
(12) Floor loads—maximum.
(13) Thermal transmittance values.
(14) Other special environmental factors.
(15) Tests required and actually conducted.
(16) Applicable codes, including name of code, edition or year of publication.
(f) Certified industrialized building components must contain a data plate. The data plate shall be furnished by the manufacturer and be permanently attached by the manufacturer in a visible location identified in the Site Installation Inspection Checklist referenced in § 145.91(e). If attachment in the factory is not possible, the data plate may be tethered to the certified building component for attachment at the site. The manufacturer shall provide instructions for attachment along with the data plate. The insignia of certification of the Department may not be attached to the data plate. The data plate must contain the following information:
(1) Name of manufacturer.
(2) Address of principal office of manufacturer.
(3) Address of manufacturing facility where the industrialized housing or its principal elements were produced.
(4) Manufacturer's model name.
(5) Manufacturer's serial number for dwelling unit and date of manufacture.
(6) Inspection and evaluation agencies' serial numbers.
(7) Department insignia of certification numbers.
(8) Occupancy classification as provided for in § 145.41.
(9) Construction classification.
(10) Snow loads—maximum.
(11) Wind loads—maximum.
(12) Floor loads—maximum.
(13) Thermal transmittance values.
(14) Other special environmental factors.
(15) Tests required and actually conducted.
(16) Applicable codes, including name of code, edition or year of publication.
§ 145.63. Procedures for requesting, controlling and attaching insignia of certification.
(a) A manufacturer with an approved building system documentation and related approved compliance assurance program may request the Department to issue to it insignia of certification in a quantity not less than five and not more than the quantity needed for the manufacturer's reasonably estimated production during a 1-month period. The manufacturer's request shall be made on a Request for Insignia of Certification Form furnished by the Department and shall be accompanied by a check, money order or electronic payment in an amount calculated in accordance with the fee schedule in § 145.94 (relating to fees). If the manufacturer's request is complete and the fee payment is correct and the manufacturer and its third-party agency have fulfilled all of their obligations under this chapter, the Department will promptly issue to the manufacturer the requested number of insignia of certification. Each individual insignia of certification will bear a separate insignia serial number written thereon by the Department. The insignia of certification issued to the manufacturer will be accompanied by an Insignia of Certification Inventory Control List on a form furnished by the Department. The Department will send a copy of the Insignia of Certification Inventory Control List to the appropriate inspection agency.
(b) The manufacturer shall entrust the custody of the insignia of certification received from the Department only to employees designated in the compliance control program as responsible for the custody and control of the insignia of certification. The manufacturer shall attach the insignia only in the circumstances prescribed in the compliance control program and only with the prior specific authorization from the inspection agency. The manufacturer shall attach the insignia of certification in the manner specified by the Department intended to assure that the insignia cannot be removed without destroying the insignia. The manufacturer shall promptly record the attachment of each insignia of certification on the Insignia of Certification Inventory Control List. A copy of the Insignia of Certification Inventory Control List, with all columns filled out by the manufacturer, shall be sent by the manufacturer to the Department and to the inspection agency promptly following the use of all the insignias listed on the list. The manufacturer shall report to the Department and to the inspection agency the status of all insignias issued to them on a monthly basis, utilizing a method approved by the Department.
(c) The manufacturer shall return to the Department unused insignia of certification that have been issued to it within 10 days following the suspension of approval under § 145.66(a) (relating to emergency suspension) of previously approved building system documentation or compliance assurance programs of the manufacturer, or following the suspension under § 145.66(b) of the manufacturer's right to receive or attach insignia of certification, or following recall under § 145.69 (relating to suspension of certificate of approval of out-of-State manufacturer for lack of activity) or following the manufacturer's discontinuance of the manufacture of industrialized housing, buildings, or housing or building components for sale, lease or installation for use in this Commonwealth, or following the bankruptcy or dissolution of the manufacturer or the discontinuance of the manufacturer's business for whatever reason, or following the manufacturer's determination that the insignia of certification is no longer needed. The Department will cause the manufacturer to be refunded a portion of the fee already paid for the insignia equal to the product of the number of insignia of certification returned by the manufacturer and the fee per insignia paid by the manufacturer, less $50 to be retained by the Department for handling expenses. Insignia returned to the Department under § 145.69 will not be subject to the charge for handling expenses.
(d) A manufacturer may not use, transfer, sell or otherwise dispose of insignia of certification issued to it by the Department in any manner not specifically authorized of this chapter.
§ 145.64. Modification after certification.
(a) Certified industrialized housing, buildings, and certified housing or building components bearing the insignia of certification may not be modified after the insignia of certification has been attached, unless the modification is approved in advance by the evaluation agency on the basis that the industrialized housing, building, or housing or building component, as so modified, will still conform to the approved building system documentation. Approvals of modifications which are consistent with the approved building system documentation may be by oral authorization by an officer or employee of the evaluation agency, but in this event each approval shall be subsequently evidenced by a letter from the evaluation agency to the manufacturer within 10 days after the oral authorization. Proposed modifications which are inconsistent with the approved building system documentation shall be treated as proposed amendments to the building system documentation subject to the approval of the evaluation agency under § 145.55 (relating to general requirements for approval of amendments to building system documentation).
(b) Modifications of certified industrialized housing, buildings, or certified housing or building components are not prohibited under the act or this chapter if the modifications are made after the issuance of a certificate of occupancy by the local enforcement agency. The modifications referred to in this subsection are subject to other applicable laws, codes and ordinances of the Commonwealth and of the local government of the jurisdiction in which the industrialized housing or building structure is located.
(c) Nothing in this section shall prevent a manufacturer, on its own motion or at the order of the inspection agency or of the Department, from repairing damage to or remedying a defect found in an industrialized housing component.
§ 145.66. Emergency suspension.
(a) The Department may suspend and an evaluation agency with an implementing contract with a manufacturer may suspend the approval of the manufacturer's building system documentation or the manufacturer's building system documentation or the related compliance assurance program following a determination by the agency causing the suspension that the issuance of the approval was not made in accordance with sound technical judgment or that the approval was based on fraudulent or materially incorrect information or was not made in conformity with the requirements of the act or this chapter in a material respect or that the manufacturer does not have a currently valid and effective implementing contract with an approved evaluation and inspection agency with the result that there is created an imminent and substantial risk to the public health, safety and welfare of the citizens of this Commonwealth.
(b) Notice of emergency suspension under this section must be in writing and shall be delivered by the agency causing the suspension by hand to an officer of the manufacturer or by certified mail to the principal office of the manufacturer. The notice of emergency suspension must set forth the reasons for the suspension. If the suspension is caused by a third-party agency, the third-party agency shall immediately inform the Department by telephone of the suspension and shall promptly send to the Department a copy of the notice of suspension. Copies of the notice of emergency suspension shall be delivered by hand or sent by certified mail by the Department to every other third-party agency with an implementing contract with the manufacturer. The suspension shall be effective on the date the manufacturer receives the notice of suspension. The period of suspension shall be specified in the notice of suspension but may not exceed 45 days. The suspension shall be lifted at the conclusion of the period unless the suspension has been converted to a revocation following a hearing.
(c) Within 30 days following an emergency suspension, the Department will establish a time and place for a hearing to consider whether the suspension shall be lifted or converted to a revocation or what other order, if any, should be issued. The Department will send a written notice of the hearing by hand or by certified mail to the manufacturer and to third-party agencies with implementing contracts. Notice of the hearing may be sent to other interested persons. The hearing will be treated as an appeal, the manufacturer will be considered the appealing person and the provisions on appeals set forth in § 145.112 (relating to procedures for formal appeal proceedings) will be applicable. Without limiting the authority of the Department, the Department is specifically authorized to attach reasonable conditions to an order lifting a suspension including requiring that changes be made in the building system documentation or in the compliance assurance program so that they will conform with the requirements of this title.
(d) No industrialized housing, housing components, industrialized building or building components may be certified and insignia of certification attached thereto while an emergency suspension under this section pertaining to the manufacturer shall remain in effect, unless otherwise permitted by order of the Department.
§ 145.67. Revocation of certification.
(a) The Department or the appropriate third-party agency may send by certified mail a notice of intent to revoke:
(1) The approval of the manufacturer's building system documentation or the related compliance assurance program following a determination by the agency that the issuance of the approval was not made in accordance with sound technical judgment or was based on fraudulent or materially incorrect information or was not made in conformance with the requirements of the act or this title with the result that there could be a risk to the public health, safety and welfare of the citizens of this Commonwealth.
(2) The authority of the manufacturer to receive and to attach insignia of certification to industrialized housing, housing components, industrialized building or building components following a determination by the agency that the manufacturer is possibly failing in any material respect to conform with its approved building system documentation or to meet its responsibilities under the approved compliance assurance program or that the manufacturer is in violation in any material respect of the act or this title.
(b) Notice of intent to revoke must be in writing and shall be delivered by hand to an officer of the manufacturer or by certified mail to the principal office of the manufacturer. The notice must set forth the reasons for the intent to revoke. If the notice of intent is issued by a third-party agency, the third-party agency shall immediately inform the Department by telephone of the notice and shall promptly send to the Department a copy of the notice. Not less than 15 days but not more than 30 days shall be given to a manufacturer to correct the violations in the notice of intent to revoke.
(c) If the manufacturer fails to correct the violations within the time allowed, the Department will schedule a hearing to consider revocation of:
(1) The certification of industrialized housing, housing components, industrialized building or building components.
(2) The authority of the manufacturer to receive or attach an insignia of certification.
(3) Both.
(d) Written notice of the hearing, including the time and place of the hearing and a brief statement of the grounds on which the revocation is considered, will be delivered by hand to an officer of the manufacturer or by certified mail to the principal office of the manufacturer. Copies of the notice will be delivered to every other third-party agency with an implementing contract with the manufacturer. Notice of the hearing may be sent to other interested persons. The hearing will be treated as an appeal, the manufacturer considered the appealing person and the provisions on appeal in § 145.112 (relating to procedures for formal appeal proceedings) is applicable.
(e) Notwithstanding a decision by the Department not to cause a revocation following the hearing required under subsection (c), a third-party agency with an implementing contract with the affected manufacturer shall have an unconditional right to terminate its contract with the manufacturer.
§ 145.69. Suspension of certificate of approval of out-of-State manufacturer for lack of activity.
A manufacturer certified to ship industrialized housing, housing components, industrialized buildings or building components into this Commonwealth and whose plant is located in another state will have its certificate suspended if it fails to manufacture units for installation on a site in this Commonwealth for 2 consecutive years. Written notice of this suspension will be provided to the manufacturer. If the manufacturer desires to ship a unit into this Commonwealth within 1 year of its suspension, approval may be reinstated through a letter submitted by an approved third-party agency to the Department which provides that the manufacturer meet the requirements of the laws and this title, including the submission to the Department of its current approved building system documentation and compliance assurance program if the previous submissions to the Department have been revised. The Department will review the third-party evaluation and then conduct an inspection of the plant. If a manufacturer has not made shipments into this Commonwealth for 1 year from the date of the suspension of its certificate, the certificate will lapse. To be reapproved, the manufacturer shall comply with this title in the same manner as would another manufacturer applying for initial approval.
THIRD-PARTY AGENCIES § 145.70. Departmental evaluation and inspection.
A manufacturer producing industrialized housing, housing components, industrialized buildings or building components for installation in this Commonwealth has the option of electing the Department to evaluate or inspect, or both, its products for certification. The Department will provide the services requested subject to the availability of staff. The following are applicable:
(1) The manufacturer shall enter into an implementing contract with the Department which must include a specific time period for the contract, a mutual termination clause with a minimum of 45 days of notice to terminate period, the services to be provided, and the fees to be charged to the manufacturer for services in accordance with § 145.94(e) (relating to fees).
(2) Evaluation services by the Department will include:
(i) Investigation, evaluation, testing, and, if justified, approval of each set of building system documentation, and each amendment thereto submitted to it by a manufacturer for compliance with all of the applicable requirements of the codes and standards adopted under §§ 145.41—145.43 (relating to adoption of standards; alternate standards; and amendment policy).
(ii) Investigation, evaluation, and, if justified, approval of the compliance assurance program and each amendment thereto—relating to the manufacture, transportation and installation of industrialized housing, industrialized housing components, industrialized buildings or industrialized building components described in each set of building system documentation approved under this section—submitted by the manufacturer for compliance with the requirements of this title.
(iii) Preparation and periodic revisions as necessary of the Building System Approval Report for each set of approved building system documentation and related compliance program.
(3) Inspection services by the Department will include:
(i) Monitoring the manufacturer's compliance control program for the manufacture, transportation and installation of industrialized housing, housing components, industrialized buildings or building components of each manufacturer having an implementing contract.
(ii) Verification that the industrialized housing, housing components, industrialized buildings or building components have been manufactured under approved building documentation and an approved compliance assurance program and authorization to the manufacturer for the attachment of insignia of certification to the industrialized housing, housing components, industrialized buildings or building components.
(4) Procedure for requesting, controlling and attaching insignia of certification shall be the same as detailed in § 145.63 (relating to procedures for requesting, controlling and attaching insignia of certification). Manufacturers shall purchase their insignia of certification at fees indicated in § 145.94(e) and (f), and the cost of the insignia is not included in their evaluation or inspection, services, or both, provided by the Department under§ 145.94(g).
(5) The specification document defining the requirements for submission of drawings, specifications, calculations and related material for Departmental approval will be provided upon request of the manufacturer.
§ 145.71. Responsibilities of evaluation agencies.
Each evaluation agency shall discharge under this chapter the following responsibilities:
(1) Investigation, evaluation, testing and, if justified, approval of each set of building system documentation, and each amendment thereto, submitted to it by a manufacturer with which it has an implementing contract for compliance with the applicable 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).
(2) Investigation, evaluation and, if justified, approval of the compliance assurance program, and each amendment thereto, relating to the manufacture, transportation and installation of the industrialized housing, housing components, buildings or building components described in each set of building system documentation approved under subsection (a), submitted to it by a manufacturer with which it has an implementing contract for compliance with the requirements of this chapter.
(3) Preparation and periodic revision as necessary of the Building System Approval Report for each set of approved building system documentation and related compliance assurance program.
(4) Preparation of reports to the Department as are required under this chapter or as may be required by the Department in carrying out its responsibilities under the act and this chapter.
(5) Performance of its obligations under its contract with the Department.
§ 145.72. Responsibilities of inspection agencies.
Each inspection agency shall discharge under this chap- ter the following responsibilities:
(1) Monitoring the manufacturer's compliance control program for the manufacture, transportation and installation of industrialized housing, housing components, buildings or building components of each manufacturer with which it has an implementing contract.
(2) Verification that industrialized housing, housing components, buildings or building components have been manufactured under approved building system documentation and an approved compliance assurance program and authorization to the manufacturer of the attachment of insignia of certification to the industrialized housing, housing components, buildings or building components.
(3) Preparation of reports to the Department as are required under this chapter or as may be required by the Department in carrying out its responsibilities under the act and this chapter.
(4) Performance of its obligations under its contract with the Department.
§ 145.72a. Frequency of inspections.
(a) In carrying out its monitoring responsibilities under § 145.72 (relating to responsibilities of inspection agencies), an inspection agency shall observe the minimum frequency of inspection requirements in this subsection. During the inspection agency's initial work at the factory or after revocation under § 145.67 (relating to revocation of certification), the inspection agency shall monitor the manufacturer's approved compliance control program by inspecting industrialized housing, buildings, or housing or building components until it can be certified that the manufacturer is producing conforming industrialized housing, buildings, or housing or building components on an ongoing basis. Due to the varied nature and complexities of these products prior to beginning this certification process, the third-party agency shall submit to the Department its recommendation as to the minimum inspection frequency required to certify, and the frequency of inspections for routine inspection surveillance to assure the manufacturer is producing conforming housing or building components on an ongoing basis. The Department will review and determine if the third-party agency's proposal is adequate to grant the manufacturer authority to receive and attach insignias of certification. At any time during the certification process, the inspection agency may modify the proposal and submit the revised proposal to the Department for further review.
(b) An inspection agency's monitoring responsibilities under § 145.72(1) include, at a minimum, the monthly inspection of the storage and transportation methods and facilities employed by or on behalf of the manufacturer for as long as the manufacturer retains title to or effective control over the units to insure that the units are not altered from the manner in which they were approved.
(c) In carrying out its monitoring responsibilities under § 145.72(1), an inspection agency shall inspect industrialized housing and buildings at the site after installation is complete in a manner and frequency, consistent with factors set forth in subsection (d), necessary to confirm that the manufacturer's approved compliance control program is effective in assuring installation consistent with the manufacturer's approved building system documentation. Documentation of the onsite inspections must be on file in each manufacturing facility and be provided to the Department within 30 days of the Department's request for the documentation.
(d) The minimum frequency of inspection requirements in this section are not intended to substitute for the professional judgment of an inspection agency in determining whether a greater frequency of inspections is necessary to discharge its responsibilities properly. Factors that should be considered in establishing an appropriate frequency of inspection level for any manufacturer are the production volume of the factory, the design complexity of the units, the qualifications of the manufacturer's compliance control personnel and the experience record of the manufacturer.
§ 145.73. Criteria for approval of evaluation and inspection agencies.
(a) The Department will accept a written application from the designated employee of an agency who wishes to become an evaluation agency or an inspection agency for industrialized housing or industrialized buildings, or both. If the Department determines, on the basis of the inquiry as the Department deems necessary and appropriate, that the agency possesses the capacity of discharging reliably, objectively and without bias the responsibilities assigned by this chapter to an evaluation agency or to an inspection agency, as the case may be, the Department will approve the application. In making the determination, the Department will consider that:
(1) There is a sufficient breadth of interest or activities so that the loss or award of a specific contract to an agency determining compliance of a product with this chapter would not be a substantial factor in the financial well-being of the agency performing the required functions.
(2) Employment security of personnel is free of influence or control by any manufacturer, supplier or vendor.
(3) The agency is not engaged in the promotion of products that they shall determine to be in compliance with this chapter.
(b) The Department will evaluate information on the following factors that relate to the ability of the applying agency to discharge the responsibilities that would be assigned to it as an approved evaluation agency or an approved inspection agency, as the case may be:
(1) The legal character and good standing of the applying agency.
(2) The financial strength of the applying agency.
(3) The current qualifications of the management and technical personnel of the applying agency. A list of the required qualifications will be published in the Pennsylvania Bulletin annually.
(4) The range of salaries and other compensation of the technical personnel, including inspectors of the applying agency, excluding principals, principal officers and directors of the applying agency.
(5) The policies and procedures of the applying agency for the hiring, training and supervision of technical personnel, including education and training following changes in the codes and standards applicable under this chapter.
(6) The extent, if any, to which the applying agency will engage independent consultants and the functions the independent consultants will perform; in general, the Department will not approve an applying agency who utilizes as key technical or supervisory personnel anyone who is an independent consultant. Also, the Department will not permit the use, by an inspection agency, of part-time inspectors unless the inspection agency's present volume of business in designated geographic areas does not justify full-time personnel or unless there are other compelling justifications.
(7) The prior experience and level of performance of the applying agency in performing similar or related functions.
(8) The capability, if any, of the applying agency to perform testing, including the nature of the testing and the facilities and personnel to perform it, and the identity, facilities, experience and key personnel of an independent testing agency with which arrangements have been made for testing services and the nature of the testing services.
(9) The extent, if any, to which the applying agency is affiliated with or influenced or controlled by a producer, manufacturer, supplier or vendor of products, supplies or equipment used in industrialized housing or industrialized buildings.
(10) The procedures to be used by the applying agency in discharging the responsibilities under this chapter of an evaluation agency or inspection agency, as the case may be. An applying agency seeking approval as an inspection agency shall furnish the complete procedures for monitoring the manufacturer's compliance control program it would use for each type of construction for which it seeks approval, and state its policy with respect to the frequency at which it will conduct inspections of each phase of the manufacture, transportation and installation of industrialized housing, housing components, industrialized buildings or building components.
(c) The Department may consider information with respect to other factors that it may deem relevant to its determination of approval or disapproval. In approving an evaluation or inspection agency, the Department may limit the scope of the agency's approved activities to particular types of industrialized housing, buildings, or housing or building components, geographic area or the number of manufacturers the Department determines an agency can effectively evaluate or inspect, or both.
§ 145.74a. Prohibition on consulting services.
A third-party agency may not perform consulting engineering services relating to industrialized housing, housing components, industrialized buildings or building components for a manufacturer for as long as the third-party agency has an implementing contract with the manufacturer or related manufacturer under § 145.78(c) (relating to contractual arrangements).
§ 145.76. Reapprovals of third-party agencies.
(a) An evaluation agency or inspection agency approved by the Department under § 145.75 (relating to procedures for obtaining approvals of evaluation and inspection agencies) may apply to the Department for reapproval. The application for reapproval may be filed with the Department within 60 days prior to the scheduled expiration of the current approval from the Department. The applying third-party agency seeking reapproval shall completely and accurately furnish pertinent information necessary to make current the information previously submitted to the Department as part of its original application for approval and subsequent applications for reapproval. The applying third-party agency shall provide additional information that the Department may request. The application for reapproval shall utilize forms that the Department may require. The application for reapproval will become a permanent record of the Department. The application will be accompanied by the fee established under § 145.94 (relating to fees). The Department may conduct additional investigations of the applying third-party agency that it deems necessary.
(b) Within 30 days following the receipt by the Department of an application for reapproval, the Department will make its determination whether the applying third-party agency continues to meet the requirements of this chapter for an industrialized housing evaluation agency or industrialized building evaluation agency, or both, or an industrialized housing inspection agency or industrialized building inspection agency, or both. In the event of a disapproval, the Department will provide the applying third-party agency with a brief written explanation of the reasons for the disapproval. In the event of a reapproval, the Department will provide the applying third-party agency with a brief written letter of reapproval. A reapproval will expire on the date of the next anniversary of the date of the scheduled expiration of the current approval from the Department.
(c) The Department may, on its own motion or at the request of an evaluation agency or inspection agency, grant a temporary reapproval of an evaluation agency or inspection agency for a period not to exceed 60 days. The applying third-party agency seeking reapproval shall be subject to procedures that satisfy the Department of its ability to perform its functions. The procedures shall require annual interviews of third-party agency personnel at their headquarters or by teleconference to assess the desired performance.
§ 145.78. Contractual arrangements.
(a) No evaluation agency or inspection agency may discharge a responsibility under this chapter unless under valid contracts with the Department and with manufacturers contemplated by this section.
(b) As soon as practical but not later than 30 days after the Department approves an evaluation agency or an inspection agency under § 145.75 (relating to procedures for obtaining approvals of evaluation and inspection agencies), the Department and the third-party agency shall enter into a contract which will set forth the rights and obligations of the Department and the third-party agency. The contracts must contain representations by the third-party agencies with respect to their fees to be paid by manufacturers for the discharge of their responsibilities under this chapter; the establishment of the fees may not be subject to negotiation with the Department. In all other respects, except for the limitations scope and the special conditions contained therein, contracts with evaluation agencies must be uniform for evaluation agencies and contracts with inspection agencies must be uniform for inspection agencies. Each contract must also contain a provision under which the Department may require an evaluation agency or an inspection agency to enter into and implement an implementing contract under subsection (c), whether on a temporary or permanent basis, with a manufacturer that is unable to comply with this chapter because third-party agencies are unwilling voluntarily to enter into an implementing contract with the manufacturer or because the manufacturer is otherwise without a currently valid implementing contract with an evaluation agency or an inspection agency because the approval of the third-party agency was suspended or revoked under the provisions of this chapter. Each contract must also contain provisions which are required by law for contracts of which the Department is a party, including, without limitation, provisions for equal employment opportunity.
(c) A manufacturer seeking certification of industrialized housing, housing components, industrialized buildings or building components that it manufactures shall enter into implementing contracts with an evaluation agency and an inspection agency with contracts with the Department under subsection (b). Each third-party agency shall send a copy of each implementing contract to the Department.
(d) A manufacturer of industrialized housing, housing components, industrialized buildings or building components approved under this title shall have a current implementing contract with an approved evaluation agency and an approved inspection agency or have alternate arrangement for evaluation or inspection, or both, of its products with the Department under § 145.70 (relating to Departmental evaluation and inspection).
(e) A manufacturer of industrialized housing, housing components, industrialized buildings or building components operating under an implementing contract with an approved evaluation agency and an approved inspection agency, who wishes to enter into an implementing contract with a different evaluation or inspection agency, shall provide justification and receive approval from the Department prior to entering into the new contract, except as provided for in § 145.79(e) (relating to suspension and revocation of third-party agencies).
§ 145.79. Suspension and revocation of third-party agencies.
(a) The Department may suspend or revoke its approval of an evaluation agency or inspection agency if the Department determines that the approval or a reapproval was based on fraudulent or materially inaccurate information, or that the approval or reapproval was issued in violation of this chapter, or that a change of facts or circumstances make it unlikely that the third-party agency can continue to discharge its responsibilities under this chapter in a satisfactory manner, or that the third-party agency had failed to discharge its responsibilities under this chapter in a satisfactory manner or had violated this chapter or its contract with the Department in any material respect. During the period of suspension or revocation, the affected third-party agency may not be authorized to discharge its responsibilities under this chapter or under its contract with the Department, unless otherwise specified in the notice of suspension referred to in subsection (b) or by order of the Department.
(b) A written notice of a suspension under subsection (a) will be delivered by the Department by hand to an officer of the affected third-party agency or by registered mail to the principal office of the affected third-party agency. The written notice will include a brief statement of the reasons for the suspension. Copies of the notice of suspension will be delivered by the Department to manufacturers with implementing contracts with the affected third-party agency either by hand to officers of the manufacturers or by registered mail to the principal offices of the manufacturers. The suspension will be effective on the date the affected third-party agency receives the notice of suspension or on a later date that may be designated in the notice of suspension. The period of suspension will be specified in the notice of suspension, but it may not continue beyond a date 15 days after the date the hearing provided for in subsection (c) is held.
(c) Promptly following a suspension under subsection (a), the Department will establish a time and place for a hearing to consider whether the suspension should be lifted or converted to a revocation or what other order, if any, should be issued. The Department will send a written notice of the hearing by hand or by registered mail to the affected third-party agency and to manufacturers with implementing contracts with the affected third-party agency. Notice of the hearing may be sent to other interested persons. The hearing will be treated as an appeal, the affected third-party agency will be considered the appealing person and § 145.112 (relating to procedures for formal appeal proceedings) is applicable.
(d) The Department may revoke its approval of an evaluation agency or inspection agency without previously suspending its approval. The Department will send a written notice to the affected third-party agency of its intention to consider revocation of its approval, stating the grounds therefor and establishing a time and a place for a hearing on the question. The notice will be sent by hand or by registered mail to the affected third-party agency and to manufacturers with implementing contracts with the affected third-party agency. The notice may be sent to other interested persons. The hearing will be treated as an appeal, the affected third-party agency will be considered the appealing person, and § 145.112 is applicable.
(e) Upon the suspension or revocation of approval of an evaluation agency or inspection agency under this section, a manufacturer with an implementing contract with the affected third-party agency shall have an unconditional right to terminate its contract with the third-party agency and to enter into an implementing contract with another third-party agency.
(f) If the Department determines that there is a substantial threat to the health, safety or welfare of the occupants of industrialized housing or housing structures containing housing components or industrialized buildings or structures containing industrialized building components, because they were manufactured in accordance with building system documentation and related compliance assurance program approved by an evaluation agency whose approval has been suspended or revoked by the Department under this section or were certified by an inspection agency whose approval has been suspended or revoked by the Department under this section, the Department may require the manufacturer to take the actions with respect to the industrialized housing or housing components, industrialized buildings or building components as may be necessary to eliminate substantially the threat to the health, safety or welfare of the occupants.
(g) Upon the suspension or revocation of an evaluation agency or inspection agency under this section, the Department will, upon the request of a manufacturer with an implementing contract with the suspended or revoked third-party agency, consult with the manufacturer to establish a temporary arrangement by which the manufacturer can continue to manufacture, sell, lease and install industrialized housing, housing components, industrialized buildings or building components in conformity with the act and this chapter until the suspension or revocation is lifted or an implementing contract entered into with another third-party agency. For these purposes, the Department may in its sole discretion discharge some or all of the responsibilities of a third-party agency. The Department may also approve another temporary arrangement which the Department determines would best promote the purposes of the act and this chapter under the circumstances.
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