reglab/statecodes huggingface dataset:
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 145.58 - Basic requirements for a compliance control program

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An evaluation agency shall approve a
					 compliance control program if it determines that the implementation of the
					 compliance control program will assure that the industrialized housing, housing
					 components, industrialized buildings or building components, when installed at
					 the site, will conform to the approved building system documentation, the
					 manufacturer possesses the facilities, personnel and organization to implement
					 its compliance control program properly, and the requirements of this section
					 are met. It is the policy of the Department to recognize that the level of
					 sophistication of a compliance control program of a manufacturer will depend on
					 many factors, including the level of sophistication and technological
					 characteristics of the building system and the manufacturing process. It is
					 further the policy of the Department that the maximum respect shall be accorded
					 to a manufacturer's customary business practice consistent with achievement of
					 the purposes of the act and this chapter. It is further the policy of the
					 Department that the approval of a compliance control program under this chapter
					 does not relieve the manufacturer and the inspection agency of responsibility
					 for assuring that industrialized housing, housing components, industrialized
					 buildings or building components manufactured for sale, lease or installation
					 for use on sites in this Commonwealth conform in every material respect to the
					 approved building system documentation.
(b) To facilitate review and approval, the
					 manufacturer's compliance control program shall present an overview of its
					 policies and procedures on the following:
(1)
					 The placement, storage and handling of construction materials.
(2) The manufacturing process within the
					 manufacturing facilities, including the jigs and fixtures necessary for
					 production.
(3) The storage and
					 transportation of industrialized housing, housing components, industrialized
					 buildings or building components to the site, including detailed lifting
					 calculations.
(4) The installation
					 of industrialized housing, housing components, industrialized buildings or
					 building components at the site, including the Site Installation Inspection
					 Checklist, referenced in §
												145.91(e)
					 (relating to reports to the Department), identifying specific functions and
					 techniques that are of critical importance.
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 145.59 - Amendments to compliance control program

Current through Register Vol. 54, No. 28, July 13, 2024
The evaluation agency shall approve changes and
						amendments to the manufacturer's compliance control program provided that the
						compliance control program, as so amended, meets the applicable requirements of
						this chapter. Approval of changes and amendments to a compliance control
						program shall be evidenced by the stamp of the evaluation agency, signed and
						dated by a designated employe, which is affixed either to substitute pages for
						the compliance control manual embodying the approved changes and amendments or
						on the title page of a complete substitute compliance control manual which
						includes the approved changes and amendments.
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 145.61 - Insignia of inspection agencies

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 The inspection agency shall attach its label, seal or other insignia adjacent
					 to the data plate for each industrialized housing or building module.
(b) The inspection agency shall attach its
					 label, seal or other insignia, or other identification for certified housing or
					 building components, or group of components, that are transported separately to
					 the building site.
(c) The label,
					 seal or other insignia of the inspection agency must identify the name of the
					 inspection agency and have a serial number. In other respects, the inspection
					 agency may design its label, seal or other insignia as it wishes, provided that
					 the label, seal or other insignia does not contain statements which the
					 Department determines are inconsistent with the act or this chapter. The label,
					 seal or other insignia may be covered up during the process of assembly and
					 installation at the building site so that it is not permanently
					 visible.
See 53 Pa.B. 830 (February 11, 2023) for a notice
						  regarding implementation of this section.
The provisions of this §
													145.61 amended under section 5 of
						  the Industrialized Housing Act (35 P.S. §
														1651.5).
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 145.62 - Data plates

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A dwelling
					 unit of certified industrialized housing must contain a data plate. The data
					 plate shall be furnished by the manufacturer and be permanently attached by the
					 manufacturer in a visible location as specified in §
											145.60(a)
					 (relating to insignia of certification). The data plate must contain the
					 following information:
(1) Name of
					 manufacturer.
(2) Address of
					 principal office of manufacturer.
(3) Address of manufacturing facility where
					 the industrialized housing or its principal elements were produced.
(4) Manufacturer's model name.
(5) Manufacturer's serial number for dwelling
					 unit and date of manufacture.
(6)
					 Inspection and evaluation agencies' serial numbers.
(7) Department insignia of certification
					 numbers.
(8) Minimum Btu output of
					 furnace needed to maintain average 70°F interior temperature at outside
					 design temperature of __F.
(9)
					 Annual degree days for which the house has been designed.
(10) Snow loads-maximum.
(11) Wind loads-maximum.
(12) Floor loads-maximum,
					 sleeping/nonsleeping.
(13) Other
					 special environmental factors.
(14)
					 Tests required and actually conducted.
(15) Applicable codes, including name of
					 code, edition or year of publication.
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 145.64 - Modification after certification

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Certified industrialized housing, buildings, and certified housing or building
					 components bearing the insignia of certification may not be modified after the
					 insignia of certification has been attached, unless the modification is
					 approved in advance by the evaluation agency on the basis that the
					 industrialized housing, building, or housing or building component, as so
					 modified, will still conform to the approved building system documentation.
					 Approvals of modifications which are consistent with the approved building
					 system documentation may be by oral authorization by an officer or employee of
					 the evaluation agency, but in this event each approval shall be subsequently
					 evidenced by a letter from the evaluation agency to the manufacturer within 10
					 days after the oral authorization. Proposed modifications which are
					 inconsistent with the approved building system documentation shall be treated
					 as proposed amendments to the building system documentation subject to the
					 approval of the evaluation agency under §
											145.55 (relating to general
					 requirements for approval of amendments to building system
					 documentation).
(b) Modifications
					 of certified industrialized housing, buildings, or certified housing or
					 building components are not prohibited under the act or this chapter if the
					 modifications are made after the issuance of a certificate of occupancy by the
					 local enforcement agency. The modifications referred to in this subsection are
					 subject to other applicable laws, codes and ordinances of the Commonwealth and
					 of the local government of the jurisdiction in which the industrialized housing
					 or building structure is located.
(c) Nothing in this section shall prevent a
					 manufacturer, on its own motion or at the order of the inspection agency or of
					 the Department, from repairing damage to or remedying a defect found in an
					 industrialized housing component.
See 53 Pa.B. 830 (February 11, 2023) for a notice
						  regarding implementation of this section.
The provisions of this §
													145.64 amended under section 5 of
						  the Industrialized Housing Act (35 P.S. §
														1651.5).
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 145.65 - Certification of experimental housing

Current through Register Vol. 54, No. 28, July 13, 2024
Industrialized housing or housing components which are
						intended for prototype, experimental or demonstration purposes in or on a site
						in this Commonwealth designated by the Department as a test facility under
						§
											145.32 (relating to experimental
						housing) may be certified by the Department, and insignia of certification
						attached thereto to evidence the certification, upon a determination by the
						Department, on the basis of the evaluations and inspections as may be
						appropriate, the building system documentation for the industrialized housing
						or housing components conforms to the applicable requirements of the applicable
						codes and standards adopted under §§
											145.41,
						145.42 and
						145.44 (relating to adoption of
						standards; alternate standards; and adoption and effective dates-code
						amendments) and the industrialized housing or housing components, as
						manufactured and installed, conform to the approved building system
						documentation. The Department may designate a third-party agency to make the
						determination, to certify the industrialized housing or housing components, and
						to authorize the attachment of insignia of certification.
This section cited in 12 Pa. Code §
													145.32 (relating to experimental
						  housing).
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 145.67 - Revocation of certification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Department or the appropriate third-party agency may send by certified mail a
					 notice of intent to revoke:
(1) The approval
					 of the manufacturer's building system documentation or the related compliance
					 assurance program following a determination by the agency that the issuance of
					 the approval was not made in accordance with sound technical judgment or was
					 based on fraudulent or materially incorrect information or was not made in
					 conformance with the requirements of the act or this title with the result that
					 there could be a risk to the public health, safety and welfare of the citizens
					 of this Commonwealth.
(2) The
					 authority of the manufacturer to receive and to attach insignia of
					 certification to industrialized housing, housing components, industrialized
					 building or building components following a determination by the agency that
					 the manufacturer is possibly failing in any material respect to conform with
					 its approved building system documentation or to meet its responsibilities
					 under the approved compliance assurance program or that the manufacturer is in
					 violation in any material respect of the act or this title.
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 145.69 - Suspension of certificate of approval of out-of-State manufacturer for lack of activity

Current through Register Vol. 54, No. 28, July 13, 2024
A manufacturer certified to ship industrialized housing,
						housing components, industrialized buildings or building components into this
						Commonwealth and whose plant is located in another state will have its
						certificate suspended if it fails to manufacture units for installation on a
						site in this Commonwealth for 2 consecutive years. Written notice of this
						suspension will be provided to the manufacturer. If the manufacturer desires to
						ship a unit into this Commonwealth within 1 year of its suspension, approval
						may be reinstated through a letter submitted by an approved third-party agency
						to the Department which provides that the manufacturer meet the requirements of
						the laws and this title, including the submission to the Department of its
						current approved building system documentation and compliance assurance program
						if the previous submissions to the Department have been revised. The Department
						will review the third-party evaluation and then conduct an inspection of the
						plant. If a manufacturer has not made shipments into this Commonwealth for 1
						year from the date of the suspension of its certificate, the certificate will
						lapse. To be reapproved, the manufacturer shall comply with this title in the
						same manner as would another manufacturer applying for initial
						approval.
See 53 Pa.B. 830 (February 11, 2023) for a notice
						  regarding implementation of this section.
The provisions of this §
													145.69 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).
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 145.70 - Departmental evaluation and inspection

Current through Register Vol. 54, No. 28, July 13, 2024
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.
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 145.71 - Responsibilities of evaluation agencies

Current through Register Vol. 54, No. 28, July 13, 2024
Each evaluation agency shall discharge under this chapter
						the following responsibilities:
(1)
					 Investigation, evaluation, testing and, if justified, approval of each set of
					 building system documentation, and each amendment thereto, submitted to it by a
					 manufacturer with which it has an implementing contract for compliance with the
					 applicable requirements of the codes and standards adopted under §§
											145.41,
					 145.42 and
					 145.44 (relating to adoption of
					 standards; alternate standards; and adoption and effective dates-code
					 amendments).
(2) Investigation,
					 evaluation and, if justified, approval of the compliance assurance program, and
					 each amendment thereto, relating to the manufacture, transportation and
					 installation of the industrialized housing, housing components, buildings or
					 building components described in each set of building system documentation
					 approved under subsection (a), submitted to it by a manufacturer with which it
					 has an implementing contract for compliance with the requirements of this
					 chapter.
(3) Preparation and
					 periodic revision as necessary of the Building System Approval Report for each
					 set of approved building system documentation and related compliance assurance
					 program.
(4) Preparation of reports
					 to the Department as are required under this chapter or as may be required by
					 the Department in carrying out its responsibilities under the act and this
					 chapter.
(5) Performance of its
					 obligations under its contract with the Department.
See 53 Pa.B. 830 (February 11, 2023) for a notice
						  regarding implementation of this section.
The provisions of this §
													145.71 amended under section 5 of
						  the Industrialized Housing Act (35 P.S. §
														1651.5).
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 145.72 - Responsibilities of inspection agencies

Current through Register Vol. 54, No. 28, July 13, 2024
Each inspection agency shall discharge under this chapter
						the following responsibilities:
(1)
					 Monitoring the manufacturer's compliance control program for the manufacture,
					 transportation and installation of industrialized housing, housing components,
					 buildings or building components of each manufacturer with which it has an
					 implementing contract.
(2)
					 Verification that industrialized housing, housing components, buildings or
					 building components have been manufactured under approved building system
					 documentation and an approved compliance assurance program and authorization to
					 the manufacturer of the attachment of insignia of certification to the
					 industrialized housing, housing components, buildings or building
					 components.
(3) Preparation of
					 reports to the Department as are required under this chapter or as may be
					 required by the Department in carrying out its responsibilities under the act
					 and this chapter.
(4) Performance
					 of its obligations under its contract with the Department.
See 53 Pa.B. 830 (February 11, 2023) for a notice
						  regarding implementation of this section.
The provisions of this §
													145.72 amended under section 5 of
						  the Industrialized Housing Act (35 P.S. §
														1651.5).
This section cited in 12 Pa. Code §
													145.72a (relating to frequency of
						  inspections).
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 145.73 - Criteria for approval of evaluation and inspection agencies

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department
					 will accept a written application from the designated employee of an agency who
					 wishes to become an evaluation agency or an inspection agency for
					 industrialized housing or industrialized buildings, or both. If the Department
					 determines, on the basis of the inquiry as the Department deems necessary and
					 appropriate, that the agency possesses the capacity of discharging reliably,
					 objectively and without bias the responsibilities assigned by this chapter to
					 an evaluation agency or to an inspection agency, as the case may be, the
					 Department will approve the application. In making the determination, the
					 Department will consider that:
(1) There is a
					 sufficient breadth of interest or activities so that the loss or award of a
					 specific contract to an agency determining compliance of a product with this
					 chapter would not be a substantial factor in the financial well-being of the
					 agency performing the required functions.
(2) Employment security of personnel is free
					 of influence or control by any manufacturer, supplier or vendor.
(3) The agency is not engaged in the
					 promotion of products that they shall determine to be in compliance with this
					 chapter.
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 145.74 - Combined evaluation and inspection agencies; separate evaluation and inspection agencies

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Nothing
					 in this chapter prevents the Department from approving the same agency as an
					 evaluation agency and as an inspection agency if the person is determined by
					 the Department to meet the requirements of both.
(b) If an applying agency seeks approval only
					 as an evaluation agency, it shall include information in its application
					 describing the nature of the relationship it would establish with an approved
					 inspection agency which will be monitoring the manufacturer's production. If an
					 applying agency seeks approval only as an inspection agency, it shall include
					 information in its application describing the nature of the relationship it
					 would establish with an approved evaluation agency which will be approving the
					 manufacturer's building system documentation and compliance control program. In
					 both instances, the Department will require that the technical personnel of the
					 evaluation agency be involved in the inspection function through periodic
					 oversight and training of the technical personnel of the inspection
					 agency.
(c) The application for
					 approval of an evaluation or inspection agency seeking approval only as an
					 evaluation or inspection agency may designate a counterpart inspection or
					 evaluation agency, as the case may be, with which it will operate as a team if
					 approved by the Department.
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 145.74a - Prohibition on consulting services

Current through Register Vol. 54, No. 28, July 13, 2024
A third-party agency may not perform consulting
						engineering services relating to industrialized housing, housing components,
						industrialized buildings or building components for a manufacturer for as long
						as the third-party agency has an implementing contract with the manufacturer or
						related manufacturer under §
											145.78(c)
						(relating to contractual arrangements).
See 53 Pa.B. 830 (February 11, 2023) for a notice
						  regarding implementation of this section.
The provisions of this §
													145.74a amended under section 5 of
						  the Industrialized Housing Act (35 P.S. §
														1651.5).
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 145.77 - Publication of approved evaluation and inspection agencies

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will make available on request and without
						cost to an interested person the names and addresses of evaluation agencies and
						inspection agencies with contracts with the Department entered into under
						§
											145.78(b)
						(relating to contractual arrangements) which are then in force and
						effect.
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 145.80 - Expiration of approval period of third-party agencies

Current through Register Vol. 54, No. 28, July 13, 2024
If for any reason the Department approval or reapproval
						of an evaluation agency or an inspection agency expires and the manufacturer
						having an implementing contract with that agency has not contracted another
						third-party agency, the Department may, at its own discretion, discharge some
						or all of the responsibilities of a third-party agency. In such a case, §
											145.70 (relating to Departmental
						evaluation and inspection) is applicable. The Department may also approve
						another temporary arrangement which the Department determines would best
						promote the purposes of the act and this title.
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 › LOCAL ENFORCEMENT AGENCIES › Section 145.82 - Issuance of building permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 A person seeking a building permit from a local enforcement agency for
					 industrialized housing or a housing structure in which will be installed
					 housing components, industrialized buildings or structures containing
					 industrialized building components shall furnish installation documentation
					 required under §
											145.58(b)(4)
					 (relating to basic requirements for a compliance control program) and a current
					 Notice of Approval under §
											145.92(a)(5)
					 (relating to reports by the Department) and a statement signed by the person
					 seeking the building permit or, if a corporation, by an officer or authorized
					 representative of the corporation, that the work to be performed under the
					 building permit will include the installation of certified industrialized
					 housing, housing components, industrialized buildings or building components
					 bearing the appropriate insignia of certification issued by the Department
					 under the act and this chapter.
(b)
					 The local enforcement agency may not withhold the issuance of a building permit
					 for certified industrialized housing or a housing structure in which will be
					 installed certified housing components, industrialized buildings or structures
					 containing industrialized building components if the applicant submits the
					 documents required by this section, and the application for a building permit
					 complies with applicable locally-enacted codes and ordinances with regard to
					 set-up and site details, and land use.
See 53 Pa.B. 830 (February 11, 2023) for a notice
						  regarding implementation of this section.
The provisions of this §
													145.82 amended under section 5 of
						  the Industrialized Housing Act (35 P.S. §
														1651.5).
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 › LOCAL ENFORCEMENT AGENCIES › Section 145.83 - Issuance of certificates of occupancy

Current through Register Vol. 54, No. 28, July 13, 2024
The local enforcement agency may not withhold the
						issuance of a certificate of occupancy or other similar permit for certified
						industrialized housing or a housing structure in which has been installed
						certified housing components, industrialized buildings or structures containing
						building components if the properly completed Site Installation Inspection
						Checklist required under §
											145.91 (relating to reports to the
						Department) is submitted and the structure was constructed and installed on the
						site under a validly issued building permit and in other respects complies with
						applicable locally-enacted codes and ordinances not preempted by the act and
						this chapter.
See 53 Pa.B. 830 (February 11, 2023) for a notice
						  regarding implementation of this section.
The provisions of this §
													145.83 amended under section 5 of
						  the Industrialized Housing Act (35 P.S. §
														1651.5).
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 › ADMINISTRATIVE PROVISIONS › Section 145.91 - Reports to the Department

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Department is authorized to require that evaluation agencies, inspection
					 agencies and manufacturers with approved building system documentation shall
					 prepare and submit to the Department regular periodic reports regarding their
					 activities relating to industrialized housing and housing components falling
					 within the scope of the act and this chapter. These reports shall be promptly
					 filed with the Department on forms and at times the Department may
					 specify.
(b) The Department is
					 authorized to require that evaluation agencies, inspection agencies and
					 manufacturers with approved building system documentation shall promptly
					 furnish to the Department the special reports and other information as the
					 Department may require which relate in any way to the administration and
					 enforcement of the act and this chapter.
(c) Evaluation agencies and inspection
					 agencies are required to notify the Department of the following:
(1) A change of facts which would render
					 inaccurate in material respect their application for approval submitted to the
					 Department under §
												145.75 (relating to procedures for
					 obtaining approvals of evaluation and inspection agencies), as updated by the
					 latest application for reapproval submitted to the Department under §
												145.76 (relating to reapprovals of
					 third-party agencies), as provided more particularly in §
					 145.75(e).
(2) A fact or
					 circumstance of which the third-party agency has actual knowledge which could
					 lead a reasonable person to believe that a manufacturer, third-party agency or
					 other person in violating the act or this chapter, the notification to be
					 promptly given to the Department.
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 › ADMINISTRATIVE PROVISIONS › Section 145.92 - Reports by the Department

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Department will send reports to third-party agencies and manufacturers with
					 approved building system documentation which will include all of the following:
(1) Decisions of the Department under §
												145.46 (relating to applicability
					 and interpretation of code provisions) since the last report regarding the
					 availability or interpretation of a provision of a code adopted under
					 §§
												145.41,
					 145.42 and
					 145.44 (relating to adoption of
					 standards; alternate standards; and adoption and effective dates-code
					 amendments).
(2) Decisions of the
					 Department of general applicability under §
												145.96 (relating to interpretation
					 of this chapter) since the last report interpreting this chapter.
(3) Decisions of the Department of general
					 applicability under §
												145.112 (relating to procedures
					 for formal appeal proceedings) since the last report rendered at the conclusion
					 of a formal appeal proceeding.
(4)
					 A current list of the names and addresses of currently approved third-party
					 agencies.
(5) A Notice of Approval
					 to each manufacturer that is approved as provided for in §
												145.72a (relating to frequency of
					 inspections).
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 › ADMINISTRATIVE PROVISIONS › Section 145.93 - Factory inspections; right of entry

Current through Register Vol. 54, No. 28, July 13, 2024
(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.
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 › ADMINISTRATIVE PROVISIONS › Section 145.94 - Fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person
					 submitting an application to the Department under §
											145.75(a)
					 (relating to procedures for obtaining approvals of evaluation and inspection
					 agencies) for approval as an industrialized housing evaluation agency or
					 inspection agency shall pay a fee of $1,000. If the person seeks approval as
					 both an industrialized housing evaluation agency and an inspection agency, the
					 combined fee is $2,000.
(b) A
					 third-party agency submitting an application to the Department under §
											145.76 (relating to reapprovals of
					 third-party agencies) for reapproval as an industrialized housing evaluation
					 agency or inspection agency shall pay a fee of $500. If the person seeks
					 reapproval as both an industrialized housing evaluation agency and an
					 inspection agency, the combined fee is $1,000.
(c) A person submitting an application to the
					 Department under §
											145.75(a) for
					 approval as an industrialized buildings evaluation agency or inspection agency
					 shall pay a fee of $1,000. If the person seeks approval as both an evaluation
					 agency and an inspection agency, the combined fee is $2,000.
(d) A third-party agency submitting an
					 application to the Department under §
											145.76 for reapproval as an
					 industrialized buildings evaluation agency or inspection agency shall pay a fee
					 of $500. If the person seeks reapproval as both an industrialized buildings
					 evaluation agency and an inspection agency, the combined fee is
					 $1,000.
(e) For manufacturing
					 facilities in this Commonwealth, the insignia of certification fee is:
(1) $40 per insignia for each module of an
					 industrialized housing.
(2) $40 per
					 insignia for each industrialized housing component. The fee payable under this
					 paragraph for industrialized housing components installed in or on a single
					 dwelling unit may not exceed $40.
(3) $60 per insignia for each transportable
					 section of an industrialized building.
(4) $60 per insignia for each industrialized
					 building module or component. A manufacturer may request special consideration
					 from the Department in the event the manufacturer believes that insignia
					 placement on individual modules or components is unreasonable due to the unique
					 scope of a particular project.
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 › ADMINISTRATIVE PROVISIONS › Section 145.95 - Proprietary information

Current through Register Vol. 54, No. 28, July 13, 2024
A manufacturer may designate all or any portion of its
						building system documentation and compliance control program as proprietary
						information. In such event, no portion of the manufacturer's building system
						documentation or compliance control program designated as proprietary
						information shall be disclosed by a third-party or by the Department to another
						person except under the requirements of an applicable law or a court order or
						except as may be necessary in the administration and enforcement of the act and
						this chapter.
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 › ADMINISTRATIVE PROVISIONS › Section 145.96 - Interpretation of this chapter

Current through Register Vol. 54, No. 28, July 13, 2024
A question regarding the interpretation of this chapter
						shall be submitted in writing by an interested person to the Department for
						resolution. This chapter will be liberally construed by the Department to
						facilitate achievement of the purposes of the act and of this chapter. If the
						question of interpretation is of general applicability, the Department will
						furnish a copy of its resolution to third-party agencies and manufacturers with
						approved building system documentation no later than at the time of its next
						report required under §
											145.92 (relating to reports by the
						Department).
This section cited in 12 Pa. Code §
													145.36 (relating to applicability
						  of locally-enacted codes and ordinances); and 12 Pa. Code §
													145.92 (relating to reports by the
						  Department).
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 › ADMINISTRATIVE PROVISIONS › Section 145.97 - Amendments to this chapter

Current through Register Vol. 54, No. 28, July 13, 2024
The Department may propose amendments to this chapter.
						The Department will publish each proposed amendment in the
Pennsylvania
						Bulletin
and provide notice of the amendment to third-party agencies
						and to manufacturers with approved building system documentation. The
						Department will hold public hearings on proposed amendments to this chapter. A
						proposed amendment shall become effective upon compliance with the applicable
						requirements of the act of July 31, 1968 (P.L. 769, No. 240) (45 P.S.
						§§
												1102,
						1201-1208 and
						1602) and 45 Pa.C.S. Part II
						(relating to publication and effectiveness of Commonwealth
						documents).
See 53 Pa.B. 830 (February 11, 2023) for a notice
						  regarding implementation of this section.
The provisions of this §
													145.97 amended under section 5 of
						  the Industrialized Housing Act (35 P.S. §
														1651.5).
This section cited in 12 Pa. Code §
													145.43 (relating to amendment
						  policy); 12 Pa. Code §
													145.45 (relating to proposals by
						  local enforcement agencies relating to special environmental conditions); 12
						  Pa. Code §
													145.56 (relating to amendments to
						  building system documentation following changes in standards); and 12 Pa. Code
						  §
													145.122 (relating to effective
						  date).
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 › ADMINISTRATIVE PROVISIONS › Section 145.98 - Variances from this chapter

Current through Register Vol. 54, No. 28, July 13, 2024
An interested person may request the Department to grant
						a variance from the requirements of this chapter as applied to the person. The
						person shall furnish the Department with the information pertaining to its
						request for a variance as the Department may deem necessary for an informed
						decision. The variance may be granted by the Department only if the following
						conditions have been met:
(1) The
					 Department determines that granting the requested variance would not impair the
					 health, safety and welfare of consumers and would be consistent with the
					 purposes of the act and this chapter.
(2) The request for the variance has been
					 reviewed and approved by the Industrialized Housing Advisory Commission
					 established under section 8 of the act (35 P. S. §
												1651.8).
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 › ADMINISTRATIVE PROVISIONS › Section 145.99 - Remedies

Current through Register Vol. 54, No. 28, July 13, 2024
The Department may seek an order from a court of
						applicable jurisdiction in this Commonwealth for the enforcement of the act or
						this chapter, including without limitation an order for injunctive relief to
						enjoin the sale, lease, delivery or installation of industrialized housing,
						housing components, buildings or building components which have not been
						manufactured, transported or installed in conformity with the requirements of
						the act or this chapter, or for the refusal of a party to comply with the act
						or this chapter.
See 53 Pa.B. 830 (February 11, 2023) for a notice
						  regarding implementation of this section.
The provisions of this §
													145.99 amended under section 5 of
						  the Industrialized Housing Act (35 P.S. §
														1651.5).
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 › INTERSTATE ACCEPTABILITY › Section 145.101 - General authority

Current through Register Vol. 54, No. 28, July 13, 2024
The Department is authorized under section 6 of the act
						(35
						P.S. §
												1651.6) to issue insignia of
						certification to approved manufacturers under this program for their
						industrialized housing, housing components, industrialized buildings or
						building components which have been certified by any competent authority within
						a state of the United States following a finding by the Department that the
						certifications have been granted on the basis of standards substantially
						equivalent to this chapter. Sections
						145.102 and
						145.103 (relating to
						determinations of acceptability of certifications of a competent state
						authority; and issuance of insignia of certification) set forth more detailed
						criteria to support a finding by the Department that the standards are
						substantially equivalent to this chapter and establish additional procedures
						necessary to safeguard the health, safety and welfare of the citizens of this
						Commonwealth from noncomplying industrialized housing, housing components,
						industrialized buildings or building components certified by a competent state
						authority.
See 53 Pa.B. 830 (February 11, 2023) for a notice
						  regarding implementation of this section.
The provisions of this §
													145.101 amended under section 5 of
						  the Industrialized Housing Act (35 P.S. §
														1651.5).