Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart C - Community Development and Housing › Chapter 145 - INDUSTRIAL HOUSING AND COMPONENTS › THIRD-PARTY AGENCIES › Section 145.78 - Contractual arrangements

Current through Register Vol. 54, No. 28, July 13, 2024
(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).
See 53 Pa.B. 830 (February 11, 2023) for a notice
						  regarding implementation of this section.
The provisions of this §
													145.78 amended under section 5 of
						  the Industrialized Housing Act (35 P.S. §
														1651.5).
This section cited in 12 Pa. Code §
													145.51 (relating to general
						  requirements for certification); 12 Pa. Code §
													145.56 (relating to amendments to
						  building system documentation following changes in standards); 12 Pa. Code
						  §
													145.74a (relating to prohibition
						  on consulting services); and 12 Pa. Code §
													145.77 (relating to publication of
						  approved evaluation and inspection
						  agencies).