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.
Authority The provisions of this § 145.70 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 § 145.70 adopted 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 (349267) to (349268).
Cross References This section cited in 12 Pa. Code § 145.1 (relating to definitions); 12 Pa. Code § 145.78 (relating to contractual arrangements); 12 Pa. Code § 145.80 (relating to expiration of approval period of third-party agencies); and 12 Pa. Code § 145.94 (relating to fees).
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