§ 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.
Authority The provisions of this § 145.93 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 § 145.93 adopted July 12, 1974, effective July 13, 1974, 4 Pa.B. 1403; amended July 8, 1988, effective July 9, 1988, 18 Pa.B. 3040; amended April 20, 2007, effective June 20, 2007, 37 Pa.B. 1840; amended November 4, 2016, effective November 6, 2017, 46 Pa.B. 6976. Immediately preceding text appears at serial pages (349279) to (349280).
Cross References This section cited in 12 Pa. Code § 145.94 (relating to fees).
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