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 145.105 - Suspension and revocation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Department, on the basis of its review of the applicable statutes, regulations
					 and administrative practices and experience and other information that it may
					 consider necessary for an informed finding, determine that its finding that the
					 standards of a competent state authority, previously found by the Department to
					 be substantially equivalent to this chapter, is no longer justified under the
					 criteria in §
											145.102(a)
					 (relating to determinations of acceptability of certifications of a competent
					 state authority) or the procedures for notification in §
											145.102(b) are no
					 longer effective. The Department will promptly notify third-party agencies and
					 manufacturers with approved building system documentation or possessing
					 insignia of certification issued to them under §
											145.103 (relating to issuance of
					 insignia of certification) of its finding. If requested by the Department,
					 manufacturers possessing insignia of certification issued under §
											145.103 shall promptly return the
					 insignia to the Department and, upon receipt by the Department of the returned
					 insignia, the fee paid by the manufacturer for the insignia will be refunded in
					 full. No additional insignia of certification will be issued by the Department
					 under §
											145.103 with respect to
					 industrialized housing or housing components certified by the competent state
					 authority with respect to which the finding by the Department was made. In
					 addition, the Department will be authorized to remove, or cause the removal of,
					 insignia of certification theretofore attached to industrialized housing,
					 housing components, industrialized buildings or building components certified
					 by the competent state authority, if the Department determines that there is a
					 substantial threat to the health, safety or welfare of the occupants of the
					 industrialized housing or housing structures containing the housing components,
					 industrialized buildings or structures containing building components unless
					 brought into compliance with this chapter.
(b) The suspension or revocation of the
					 certification of a manufacturer or third-party agency or of an industrialized
					 housing, housing components, industrialized buildings or building components by
					 a competent state authority shall automatically suspend the right of a
					 manufacturer affected in a material respect by the suspension or revocation to
					 utilize an insignia of certification issued to it under §
											145.103. The manufacturer may
					 thereafter request the Department to determine in writing those circumstances
					 in which it may continue to use the insignia of certification.
(c) Nothing in this section shall be
					 construed to limit or restrict the rights of suspension and revocation of the
					 Department under this chapter.
See 53 Pa.B. 830 (February 11, 2023) for a notice
						  regarding implementation of this section.
The provisions of this §
													145.105 amended under section 5 of
						  the Industrialized Housing Act (35 P.S. §
														1651.5).