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 › CERTIFICATION › Section 145.66 - Emergency suspension

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Department may suspend and an evaluation agency with an implementing contract
					 with a manufacturer may suspend the approval of the manufacturer's building
					 system documentation or the manufacturer's building system documentation or the
					 related compliance assurance program following a determination by the agency
					 causing the suspension that the issuance of the approval was not made in
					 accordance with sound technical judgment or that the approval was based on
					 fraudulent or materially incorrect information or was not made in conformity
					 with the requirements of the act or this chapter in a material respect or that
					 the manufacturer does not have a currently valid and effective implementing
					 contract with an approved evaluation and inspection agency with the result that
					 there is created an imminent and substantial risk to the public health, safety
					 and welfare of the citizens of this Commonwealth.
(b) Notice of emergency suspension under this
					 section must be in writing and shall be delivered by the agency causing the
					 suspension by hand to an officer of the manufacturer or by certified mail to
					 the principal office of the manufacturer. The notice of emergency suspension
					 must set forth the reasons for the suspension. If the suspension is caused by a
					 third-party agency, the third-party agency shall immediately inform the
					 Department by telephone of the suspension and shall promptly send to the
					 Department a copy of the notice of suspension. Copies of the notice of
					 emergency suspension shall be delivered by hand or sent by certified mail by
					 the Department to every other third-party agency with an implementing contract
					 with the manufacturer. The suspension shall be effective on the date the
					 manufacturer receives the notice of suspension. The period of suspension shall
					 be specified in the notice of suspension but may not exceed 45 days. The
					 suspension shall be lifted at the conclusion of the period unless the
					 suspension has been converted to a revocation following a hearing.
(c) Within 30 days following an emergency
					 suspension, the Department will establish a time and place for a hearing to
					 consider whether the suspension shall be lifted or converted to a revocation or
					 what other order, if any, should be issued. The Department will send a written
					 notice of the hearing by hand or by certified mail to the manufacturer and to
					 third-party agencies with implementing contracts. Notice of the hearing may be
					 sent to other interested persons. The hearing will be treated as an appeal, the
					 manufacturer will be considered the appealing person and the provisions on
					 appeals set forth in §
											145.112 (relating to procedures
					 for formal appeal proceedings) will be applicable. Without limiting the
					 authority of the Department, the Department is specifically authorized to
					 attach reasonable conditions to an order lifting a suspension including
					 requiring that changes be made in the building system documentation or in the
					 compliance assurance program so that they will conform with the requirements of
					 this title.
(d) No industrialized
					 housing, housing components, industrialized building or building components may
					 be certified and insignia of certification attached thereto while an emergency
					 suspension under this section pertaining to the manufacturer shall remain in
					 effect, unless otherwise permitted by order of the Department.
See 53 Pa.B. 830 (February 11, 2023) for a notice
						  regarding implementation of this section.
The provisions of this §
													145.66 amended under section 5 of
						  the Industrialized Housing Act (35 P.S. §
														1651.5).
This section cited in 12 Pa. Code §
													145.63 (relating to procedures for
						  requesting, controlling and attaching insignia of
						  certification).