[46 Pa.B. 6976]
[Saturday, November 5, 2016]
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LOCAL ENFORCEMENT AGENCIES § 145.81. Responsibilities of local enforcement agencies.
(a) Local enforcement agencies, building code and construction code officials can make an important contribution to the effective administration of the act and this chapter. In addition to discharging the responsibility under local law for the enforcement of applicable locally-enacted codes and ordinances governing site preparation work and water, sewer, electrical and other energy supply connections as described more particularly in § 145.36 (relating to applicability of locally-enacted codes and ordinances), and in view of the responsibilities of local enforcement agencies under State and local law and of the responsibilities of local governments to cooperate with agencies of the Commonwealth to protect the health, safety and welfare of the citizens of this Commonwealth, local enforcement agencies shall assist the Department in enforcing the act and this chapter for industrialized housing, housing components, industrialized buildings or building components at the time of installation in the jurisdiction of their local government in the following respects:
(1) Site inspections of industrialized housing, housing components, industrialized buildings or building components, upon arrival at the site, for apparent damage occurring during transportation from the manufacturing facilities to the site and other apparent nonconformity with the approved building system documentation.
(2) Site inspections of the installation of the industrialized housing, housing components, industrialized buildings or building components consistent with those elements of installation addressed in the Site Installation Inspection Checklist required under § 145.91(e) (relating to reports to the Department) and the installation instructions in the Building System Approval Report.
(3) Notifications to the Department and the manufacturer of damage and nonconforming elements found in the industrialized housing, housing components, industrialized buildings or building components as a result of the site inspections, as well as additional site inspections of efforts made to remedy or repair the damage and nonconforming elements shall be channeled through the Department.
(4) Notification to the Department of violations of the act and this chapter by the manufacturer, inspection agency or other person, including instances in which industrialized housing, housing components, industrialized buildings or building components are installed or are intended for installation without bearing the required insignia of certification.
(5) Cooperation with the Department in efforts to take action to remedy the violations and prevent future occurrences.
(b) Site inspections of industrialized housing and housing components which a local enforcement agency performs under this chapter shall include, and be limited to, any type of visual exterior inspection and monitoring of tests performed by other persons during installation in accordance with the installation requirements in the Building System Approval Report. Destructive disassembly of the industrialized housing, housing components, industrialized buildings or building components may not be performed, and nondestructive disassembly may not be performed in the course of an inspection except to the extent of opening access panels and cover plates.
§ 145.82. Issuance of building permits.
(a) A person seeking a building permit from a local enforcement agency for industrialized housing or a housing structure in which will be installed housing components, industrialized buildings or structures containing industrialized building components shall furnish installation documentation required under § 145.58(b)(4) (relating to basic requirements for a compliance control program) and a current Notice of Approval under § 145.92(a)(5) (relating to reports by the Department) and a statement signed by the person seeking the building permit or, if a corporation, by an officer or authorized representative of the corporation, that the work to be performed under the building permit will include the installation of certified industrialized housing, housing components, industrialized buildings or building components bearing the appropriate insignia of certification issued by the Department under the act and this chapter.
(b) The local enforcement agency may not withhold the issuance of a building permit for certified industrialized housing or a housing structure in which will be installed certified housing components, industrialized buildings or structures containing industrialized building components if the applicant submits the documents required by this section, and the application for a building permit complies with applicable locally-enacted codes and ordinances with regard to set-up and site details, and land use.
§ 145.83. Issuance of certificates of occupancy.
The local enforcement agency may not withhold the issuance of a certificate of occupancy or other similar permit for certified industrialized housing or a housing structure in which has been installed certified housing components, industrialized buildings or structures containing building components if the properly completed Site Installation Inspection Checklist required under § 145.91 (relating to reports to the Department) is submitted and the structure was constructed and installed on the site under a validly issued building permit and in other respects complies with applicable locally-enacted codes and ordinances not pre-empted by the act and this chapter.
ADMINISTRATIVE PROVISIONS § 145.91. Reports to the Department.
(a) The Department is authorized to require that evaluation agencies, inspection agencies and manufacturers with approved building system documentation shall prepare and submit to the Department regular periodic reports regarding their activities relating to industrialized housing and housing components falling within the scope of the act and this chapter. These reports shall be promptly filed with the Department on forms and at times the Department may specify.
(b) The Department is authorized to require that evaluation agencies, inspection agencies and manufacturers with approved building system documentation shall promptly furnish to the Department the special reports and other information as the Department may require which relate in any way to the administration and enforcement of the act and this chapter.
(c) Evaluation agencies and inspection agencies are required to notify the Department of the following:
(1) A change of facts which would render inaccurate in material respect their application for approval submitted to the Department under § 145.75 (relating to procedures for obtaining approvals of evaluation and inspection agencies), as updated by the latest application for reapproval submitted to the Department under § 145.76 (relating to reapprovals of third-party agencies), as provided more particularly in § 145.75(e).
(2) A fact or circumstance of which the third-party agency has actual knowledge which could lead a reasonable person to believe that a manufacturer, third-party agency or other person in violating the act or this chapter, the notification to be promptly given to the Department.
(d) Manufacturers with approved building system documentation are required promptly to notify the Department of any fact or circumstance of which the manufacturer has actual knowledge which could lead a reasonable person to believe that a third-party agency or other person is violating a provision of the act or of this chapter.
(e) A person installing industrialized housing, housing components, industrialized buildings or building components for use on a site in a jurisdiction in this Commonwealth shall complete and return to the manufacturer and provide a copy to the local building code official a Site Installation Inspection Checklist on a form furnished by the manufacturer. The manufacturer is responsible for furnishing to the person performing the installation a copy of the Site Installation Inspection Checklist Form and instructions as to its intended use.
§ 145.92. Reports by the Department.
(a) The Department will send reports to third-party agencies and manufacturers with approved building system documentation which will include all of the following:
(1) Decisions of the Department under § 145.46 (relating to applicability and interpretation of code provisions) since the last report regarding the availability or interpretation of a provision of a code adopted under §§ 145.41, 145.42 and 145.44 (relating to adoption of standards; alternate standards; and adoption and effective dates—code amendments).
(2) Decisions of the Department of general applicability under § 145.96 (relating to interpretation of this chapter) since the last report interpreting this chapter.
(3) Decisions of the Department of general applicability under § 145.112 (relating to procedures for formal appeal proceedings) since the last report rendered at the conclusion of a formal appeal proceeding.
(4) A current list of the names and addresses of currently approved third-party agencies.
(5) A Notice of Approval to each manufacturer that is approved as provided for in § 145.72a (relating to frequency of inspections).
(b) Each report may contain additional information relating to the administration of this chapter.
(c) Nothing in this section shall be construed as relieving the Department of another reporting requirement as may be specifically required in other provisions of this chapter.
§ 145.93. Factory inspections; right of entry.
(a) Authorized inspections by Department.
(1) The Department is authorized to inspect:
(i) A manufacturing facility of a manufacturer with approved building system documentation or to whom insignia of certification has been issued under § 145.103 (relating to issuance of insignia of certification).
(ii) The transportation facilities utilized for the transport of certified industrialized housing, housing components, industrialized buildings or industrialized building components.
(iii) The building sites on which certified industrialized housing, housing components, industrialized buildings or industrialized building components have been or are intended to be installed.
(iv) The books and records—wherever maintained—of a manufacturer with approved building system documentation or to whom insignia of certification has been issued under § 145.103 which relate to the manufacture, sale, lease or installation of industrialized housing, housing components, industrialized buildings or industrialized building components for use on a site in this Commonwealth.
(v) The facilities and the books and records of a third-party agency which relate to the discharge of its responsibilities under this chapter.
(2) A manufacturer with approved building system documentation or to whom insignia of certification has been issued under § 145.103 and every approved evaluation agency and approved inspection agency shall grant to authorized representatives of the Department the right of entry on its property at reasonable times during normal business hours for the purpose of conducting the inspections and examinations as authorized under this section.
(3) Persons selling, acquiring or leasing the industrialized housing, housing components, industrialized buildings or building components, and persons engaged in its transportation to and installation at the building site, shall grant to authorized representatives of the Department the same right of entry on their property as the manufacturer is required to grant under this chapter.
(b) Yearly inspections. A factory or manufacturing facility with approved building system documentation will be inspected at least once each year by the Department. The inspections are to verify the effectiveness of the sponsor's quality program and compliance with approved building systems documentation.
(c) Inspection upon complaints or suspected violations. A manufacturer with approved building system documentation shall grant to authorized representatives of an evaluation and inspection agency with which it has an implementing contract the right of entry on its property at least twice per year during normal business hours and at other times upon complaint or a reasonable belief that violations of this chapter may exist, for the purpose of conducting inspections and examination as the evaluation or inspection agency deems necessary to discharge its responsibilities under this chapter and under its contract with the manufacturer. Persons selling, acquiring or leasing the industrialized housing, housing components, industrialized buildings or building components, and persons engaged in its transportation to and installation on the building site, shall grant to an evaluation and inspection agency with an implementing contract with the manufacturer the same right of entry on their property as the manufacturer is required to grant under this chapter.
(d) Inspection restrictions. Upon entry onto a manufacturer's property or other property for the purpose of conducting an inspection under this section, the Department's employee or representative will state the scope of the intended inspection and that the inspection will be conducted under the act.
§ 145.94. Fees.
(a) A person submitting an application to the Department under § 145.75(a) (relating to procedures for obtaining approvals of evaluation and inspection agencies) for approval as an industrialized housing evaluation agency or inspection agency shall pay a fee of $1,000. If the person seeks approval as both an industrialized housing evaluation agency and an inspection agency, the combined fee is $2,000.
(b) A third-party agency submitting an application to the Department under § 145.76 (relating to reapprovals of third-party agencies) for reapproval as an industrialized housing evaluation agency or inspection agency shall pay a fee of $500. If the person seeks reapproval as both an industrialized housing evaluation agency and an inspection agency, the combined fee is $1,000.
(c) A person submitting an application to the Department under § 145.75(a) for approval as an industrialized buildings evaluation agency or inspection agency shall pay a fee of $1,000. If the person seeks approval as both an evaluation agency and an inspection agency, the combined fee is $2,000.
(d) A third-party agency submitting an application to the Department under § 145.76 for reapproval as an industrialized buildings evaluation agency or inspection agency shall pay a fee of $500. If the person seeks reapproval as both an industrialized buildings evaluation agency and an inspection agency, the combined fee is $1,000.
(e) For manufacturing facilities in this Commonwealth, the insignia of certification fee is:
(1) $40 per insignia for each module of an industrialized housing.
(2) $40 per insignia for each industrialized housing component. The fee payable under this paragraph for industrialized housing components installed in or on a single dwelling unit may not exceed $40.
(3) $60 per insignia for each transportable section of an industrialized building.
(4) $60 per insignia for each industrialized building module or component. A manufacturer may request special consideration from the Department in the event the manufacturer believes that insignia placement on individual modules or components is unreasonable due to the unique scope of a particular project.
(f) For manufacturing facilities outside of this Commonwealth, the insignia of certification fee is:
(1) $60 per insignia for each module of an industrialized housing unit.
(2) $60 per insignia for each industrialized housing component. The fee payable under this paragraph for industrialized housing components installed in or on a single unit may not exceed $60.
(3) $90 per insignia for each transportable section of an industrialized building.
(4) $90 per insignia for each industrialized building module or component. A manufacturer may request special consideration from the Department in the event the manufacturer believes that insignia placement on individual modules or components is unreasonable due to the unique scope of a particular project.
(g) When the Department is authorized to monitor or inspect under § 145.93 (relating to factory inspections; right of entry) or otherwise, or provide evaluation or inspection services, or both, under § 145.70 (relating to Departmental evaluation and inspection), the manufacturer shall pay to the Department the following fees:
(1) Engineering services—$75 per hour.
(2) Administrative services—$40 per hour.
(3) Travel and per diem expenses—current Commonwealth travel and per diem expenses.
(h) The Department may establish reasonable handling and other administrative fees as indicated elsewhere in this chapter, subject to the stated limitations in amount.
(i) Fees paid to the Department under this chapter are nonrefundable except as otherwise specifically set forth in this chapter. Fees shall be paid electronically (as determined by the Department), by check or money order.
§ 145.97. Amendments to this chapter.
The Department may propose amendments to this chapter. The Department will publish each proposed amendment in the Pennsylvania Bulletin and provide notice of the amendment to third-party agencies and to manufacturers with approved building system documentation. The Department will hold public hearings on proposed amendments to this chapter. A proposed amendment shall become effective upon compliance with the applicable requirements of the act of July 31, 1968 (P.L. 769, No. 240) (45 P.S. §§ 1102, 1201—1208 and 1602) and 45 Pa.C.S. Part II (relating to publication and effectiveness of Commonwealth documents).
§ 145.99. Remedies.
The Department may seek an order from a court of applicable jurisdiction in this Commonwealth for the enforcement of the act or this chapter, including without limitation an order for injunctive relief to enjoin the sale, lease, delivery or installation of industrialized housing, housing components, buildings or building components which have not been manufactured, transported or installed in conformity with the requirements of the act or this chapter, or for the refusal of a party to comply with the act or this chapter.
INTERSTATE ACCEPTABILITY § 145.101. General authority.
The Department is authorized under section 6 of the act (35 P.S. § 1651.6) to issue insignia of certification to approved manufacturers under this program for their industrialized housing, housing components, industrialized buildings or building components which have been certified by any competent authority within a state of the United States following a finding by the Department that the certifications have been granted on the basis of standards substantially equivalent to this chapter. Sections 145.102 and 145.103 (relating to determinations of acceptability of certifications of a competent state authority; and issuance of insignia of certification) set forth more detailed criteria to support a finding by the Department that the standards are substantially equivalent to this chapter and establish additional procedures necessary to safeguard the health, safety and welfare of the citizens of this Commonwealth from noncomplying industrialized housing, housing components, industrialized buildings or building components certified by a competent state authority.
§ 145.102. Determinations of acceptability of certifications of a competent state authority.
(a) The Department may, on the basis of its review of the applicable statutes, regulations and administrative practices and experience and the other information as it may consider necessary for an informed finding, find that the standards of a competent authority of a state of the United States under which industrialized housing, housing components, industrialized buildings or building components are certified are substantially equivalent to the provisions of this chapter. The finding by the Department will be based on the following subsidiary findings:
(1) An agency, authority or division of the government of a state of the United States has established and is actively administering under valid legislative authority a program for the certification of industrialized housing, housing components, industrialized buildings or building components or type of industrialized housing, housing components, industrialized buildings or building components similar in its purposes to the program authorized by the act.
(2) The codes and standards utilized by the competent authority of the other state governing the design, materials and method of construction are substantially equivalent to the codes and standards adopted by the Department under §§ 145.41, 145.42 and 145.44 (relating to adoption of standards; alternate standards; and adoption and effective dates—code amendments). The determination of substantial equivalency will be based on a finding that the degree of protection to the health, safety and welfare of the citizens of this Commonwealth would not be materially less under other codes and standards than under the codes and standards adopted by the Department under §§ 145.41, 145.42 and 145.44. It is not intended that findings of substantial equivalency be limited to codes adopted by other jurisdictions which are identical or substantially identical with the codes adopted under §§ 145.41, 145.42 and 145.44. In addition, a finding of substantial equivalency may be limited to designated types of buildings or methods of construction for buildings.
(3) The competent state authority will not certify industrialized housing, housing components, industrialized buildings or building components unless there has been a finding that the manufacturer is administering an acceptable compliance control program or, if third-party agencies are utilized, there is an acceptable compliance assurance program.
(4) The evaluation of the building system documentation of manufacturers for conformity with the adopted codes and standards and of the related compliance control program or compliance assurance program, as the case may be, is performed by personnel possessing satisfactory qualifications to assure determinations that are reliable, objective and without bias.
(5) The procedures adopted by the competent state authority are satisfactory to assure effective enforcement of the regulations and standards adopted by that jurisdiction.
(b) If the Department makes a finding of substantial equivalency under subsection (a), it will further determine whether there are procedures adopted by the competent state authority with respect to which the finding of substantial equivalency is made under which the Department would be promptly notified in the event of the suspension or revocation of approval of any manufacturer or third-party agency or of any other approval issued by the competent state authority relating to the enforcement of its applicable regulations. If there are no procedures for prompt notification to the Department, the Department may seek agreement from the competent state authority for the establishment of notification procedures.
(c) Promptly after the Department makes a finding of substantial equivalency under subsection (a) with respect to the standards adopted by a competent state authority under which industrialized housing, housing components, industrialized buildings or building components are certified by the authority, and further determines that the competent state authority has adopted the notification procedures prescribed in subsection (b), the Department will notify third-party agencies and manufacturers with approved building system documentation that, on compliance with the requirements of § 145.103 (relating to issuance of insignia of certification), the Department will issue to a manufacturer insignia of certification for attachment to industrialized housing, housing components, industrialized buildings or building components certified by the competent state authority with respect to which the findings have been made.
§ 145.103. Issuance of insignia of certification.
(a) A manufacturer, regardless of whether its building system documentation and related compliance assurance program have been approved under this chapter, may request that the Department issue to it insignia of certification for attachment to industrialized housing, housing components, industrialized buildings or building components which have been or will be certified by a competent state authority with respect to which the Department has made the requisite findings required under § 145.102 (relating to determinations of acceptability of certifications of a competent state authority). In addition to meeting all of the requirements of § 145.63 (relating to procedures for requesting, controlling and attaching insignia of certification), the manufacturer's request must contain the following additional information:
(1) A list of the building system documentation which was approved by the competent state authority for the industrialized housing, housing components, industrialized buildings or building components to which the insignia of certification are to be attached.
(2) Evidence that building system documentation and related compliance assurance program or compliance control program, as the case may be, was approved under the policies and procedures of the competent state authority as conforming to the standards with respect to which the Department's determination of substantial equivalency was made.
(3) The name and address of an inspection agency, approved by the Department, which will participate in the compliance assurance program and authorize the attachment of the insignia of certification to the industrialized housing, housing components, industrialized buildings or building components to be sold, leased or installed for use on a site in this Commonwealth.
(b) If the competent state authority uses its own personnel for monitoring a manufacturer's compliance control program and inspecting industrialized housing or housing components, the manufacturer seeking the issuance of insignia of certification under subsection (a) may eliminate the requirement of subsection (a)(3) for utilizing an inspection agency to monitor its compliance control program and authorize the attachment of insignia of certification, provided that the Department and the competent state authority have entered into an agreement under which the competent state authority will institute procedures, acceptable to the Department, for authorizing the attachment of the insignia of certification for industrialized housing, housing components, industrialized buildings or building components intended for sale, lease or installation for use on sites in this Commonwealth. The Department will enter into an agreement only if it determines that the procedures for controlling the use of the insignia of certification contain adequate safeguards and that the competent state authority has the satisfactory organization and personnel to discharge its obligations under the agreement and will not charge the approval or reapproval fees as outlined in § 145.94(a) and (b) (relating to fees).
§ 145.104. Reciprocal agreements.
(a) The Department is authorized to enter into agreements with the United States Department of Housing and Urban Development or with a competent authority within a state of the United States which has established under valid legislative authority a program for the certification of industrialized housing, housing components, industrialized buildings or building components under which each party to an agreement will recognize the certification issued under the laws, regulations and administrative procedures of the other party. An agreement must establish procedures additional to those set forth in this chapter and shall in respects be consistent with the act.
(b) The reciprocal agreement may also establish that acceptability of the competent state authority insignia of certification for industrialized housing units, components, industrialized buildings or building components shall be recognized by the Department instead of the provisions in §§ 145.102 and 145.103 (relating to determinations of acceptability of certifications of a competent state authority; and issuance of insignia of certification).
(c) The inspection and evaluation agency fees outlined in § 145.94(a) and (b) (relating to fees) will not be charged to a competent state authority entering into a reciprocal agreement, as outlined in this chapter, using its own personnel for monitoring a manufacturer's compliance control program and inspecting industrialized housing, housing components, industrialized buildings or building components.
§ 145.105. Suspension and revocation.
(a) The Department, on the basis of its review of the applicable statutes, regulations and administrative practices and experience and other information that it may consider necessary for an informed finding, determine that its finding that the standards of a competent state authority, previously found by the Department to be substantially equivalent to this chapter, is no longer justified under the criteria in § 145.102(a) (relating to determinations of acceptability of certifications of a competent state authority) or the procedures for notification in § 145.102(b) are no longer effective. The Department will promptly notify third-party agencies and manufacturers with approved building system documentation or possessing insignia of certification issued to them under § 145.103 (relating to issuance of insignia of certification) of its finding. If requested by the Department, manufacturers possessing insignia of certification issued under § 145.103 shall promptly return the insignia to the Department and, upon receipt by the Department of the returned insignia, the fee paid by the manufacturer for the insignia will be refunded in full. No additional insignia of certification will be issued by the Department under § 145.103 with respect to industrialized housing or housing components certified by the competent state authority with respect to which the finding by the Department was made. In addition, the Department will be authorized to remove, or cause the removal of, insignia of certification theretofore attached to industrialized housing, housing components, industrialized buildings or building components certified by the competent state authority, if the Department determines that there is a substantial threat to the health, safety or welfare of the occupants of the industrialized housing or housing structures containing the housing components, industrialized buildings or structures containing building components unless brought into compliance with this chapter.
(b) The suspension or revocation of the certification of a manufacturer or third-party agency or of an industrialized housing, housing components, industrialized buildings or building components by a competent state authority shall automatically suspend the right of a manufacturer affected in a material respect by the suspension or revocation to utilize an insignia of certification issued to it under § 145.103. The manufacturer may thereafter request the Department to determine in writing those circumstances in which it may continue to use the insignia of certification.
(c) Nothing in this section shall be construed to limit or restrict the rights of suspension and revocation of the Department under this chapter.
[Pa.B. Doc. No. 16-1901. Filed for public inspection November 4, 2016, 9:00 a.m.]
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