§ 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).
Authority The provisions of this § 145.103 amended under section 5 of the Industrialized Housing Act (35 P.S. § 1651.5).
(Editor’s Note: See 53 Pa.B. 830 (February 11, 2023) and 54 Pa.B. 145 (January 13, 2024) for notices regarding implementation of this section.)
Source The provisions of this § 145.103 adopted July 12, 1974, effective July 13, 1974, 4 Pa.B. 1403; amended September 8, 1978, effective March 9, 1979, 8 Pa.B. 2524; amended November 4, 2016, effective November 6, 2017, 46 Pa.B. 6976. Immediately preceding text appears at serial pages (231171) to (231172).
Cross References This section cited in 12 Pa. Code § 145.93 (relating to factory inspections; right of entry); 12 Pa. Code § 145.101 (relating to general authority); 12 Pa. Code § 145.102 (relating to determinations of acceptability of certifications of a competent state authority); 12 Pa. Code § 145.104 (relating to reciprocal agreements); and 12 Pa. Code § 145.105 (relating to suspension and revocation).
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