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 145.72a - Frequency of inspections

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
					 carrying out its monitoring responsibilities under §
											145.72 (relating to
					 responsibilities of inspection agencies), an inspection agency shall observe
					 the minimum frequency of inspection requirements in this subsection. During the
					 inspection agency's initial work at the factory or after revocation under
					 §
											145.67 (relating to revocation of
					 certification), the inspection agency shall monitor the manufacturer's approved
					 compliance control program by inspecting industrialized housing, buildings, or
					 housing or building components until it can be certified that the manufacturer
					 is producing conforming industrialized housing, buildings, or housing or
					 building components on an ongoing basis. Due to the varied nature and
					 complexities of these products prior to beginning this certification process,
					 the third-party agency shall submit to the Department its recommendation as to
					 the minimum inspection frequency required to certify, and the frequency of
					 inspections for routine inspection surveillance to assure the manufacturer is
					 producing conforming housing or building components on an ongoing basis. The
					 Department will review and determine if the third-party agency's proposal is
					 adequate to grant the manufacturer authority to receive and attach insignias of
					 certification. At any time during the certification process, the inspection
					 agency may modify the proposal and submit the revised proposal to the
					 Department for further review.
(b)
					 An inspection agency's monitoring responsibilities under §
											145.72(1)
					 include, at a minimum, the monthly inspection of the storage and transportation
					 methods and facilities employed by or on behalf of the manufacturer for as long
					 as the manufacturer retains title to or effective control over the units to
					 insure that the units are not altered from the manner in which they were
					 approved.
(c) In carrying out its
					 monitoring responsibilities under §
											145.72(1), an
					 inspection agency shall inspect industrialized housing and buildings at the
					 site after installation is complete in a manner and frequency, consistent with
					 factors set forth in subsection (d), necessary to confirm that the
					 manufacturer's approved compliance control program is effective in assuring
					 installation consistent with the manufacturer's approved building system
					 documentation. Documentation of the onsite inspections must be on file in each
					 manufacturing facility and be provided to the Department within 30 days of the
					 Department's request for the documentation.
(d) The minimum frequency of inspection
					 requirements in this section are not intended to substitute for the
					 professional judgment of an inspection agency in determining whether a greater
					 frequency of inspections is necessary to discharge its responsibilities
					 properly. Factors that should be considered in establishing an appropriate
					 frequency of inspection level for any manufacturer are the production volume of
					 the factory, the design complexity of the units, the qualifications of the
					 manufacturer's compliance control personnel and the experience record of the
					 manufacturer.
See 53 Pa.B. 830 (February 11, 2023) for a notice
						  regarding implementation of this section.
The provisions of this §
													145.72a amended under section 5 of
						  the Industrialized Housing Act (35 P.S. §
														1651.5).
This section cited in 12 Pa. Code §
													145.92 (relating to reports by the
						  Department).