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 145.63 - Procedures for requesting, controlling and attaching insignia of certification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A manufacturer
					 with an approved building system documentation and related approved compliance
					 assurance program may request the Department to issue to it insignia of
					 certification in a quantity not less than five and not more than the quantity
					 needed for the manufacturer's reasonably estimated production during a 1-month
					 period. The manufacturer's request shall be made on a Request for Insignia of
					 Certification Form furnished by the Department and shall be accompanied by a
					 check, money order or electronic payment in an amount calculated in accordance
					 with the fee schedule in §
											145.94 (relating to fees). If the
					 manufacturer's request is complete and the fee payment is correct and the
					 manufacturer and its third-party agency have fulfilled all of their obligations
					 under this chapter, the Department will promptly issue to the manufacturer the
					 requested number of insignia of certification. Each individual insignia of
					 certification will bear a separate insignia serial number written thereon by
					 the Department. The insignia of certification issued to the manufacturer will
					 be accompanied by an Insignia of Certification Inventory Control List on a form
					 furnished by the Department. The Department will send a copy of the Insignia of
					 Certification Inventory Control List to the appropriate inspection
					 agency.
(b) The manufacturer shall
					 entrust the custody of the insignia of certification received from the
					 Department only to employees designated in the compliance control program as
					 responsible for the custody and control of the insignia of certification. The
					 manufacturer shall attach the insignia only in the circumstances prescribed in
					 the compliance control program and only with the prior specific authorization
					 from the inspection agency. The manufacturer shall attach the insignia of
					 certification in the manner specified by the Department intended to assure that
					 the insignia cannot be removed without destroying the insignia. The
					 manufacturer shall promptly record the attachment of each insignia of
					 certification on the Insignia of Certification Inventory Control List. A copy
					 of the Insignia of Certification Inventory Control List, with all columns
					 filled out by the manufacturer, shall be sent by the manufacturer to the
					 Department and to the inspection agency promptly following the use of all the
					 insignias listed on the list. The manufacturer shall report to the Department
					 and to the inspection agency the status of all insignias issued to them on a
					 monthly basis, utilizing a method approved by the Department.
(c) The manufacturer shall return to the
					 Department unused insignia of certification that have been issued to it within
					 10 days following the suspension of approval under §
											145.66(a)
					 (relating to emergency suspension) of previously approved building system
					 documentation or compliance assurance programs of the manufacturer, or
					 following the suspension under §
											145.66(b) of the
					 manufacturer's right to receive or attach insignia of certification, or
					 following recall under §
											145.69 (relating to suspension of
					 certificate of approval of out-of-State manufacturer for lack of activity) or
					 following the manufacturer's discontinuance of the manufacture of
					 industrialized housing, buildings, or housing or building components for sale,
					 lease or installation for use in this Commonwealth, or following the bankruptcy
					 or dissolution of the manufacturer or the discontinuance of the manufacturer's
					 business for whatever reason, or following the manufacturer's determination
					 that the insignia of certification is no longer needed. The Department will
					 cause the manufacturer to be refunded a portion of the fee already paid for the
					 insignia equal to the product of the number of insignia of certification
					 returned by the manufacturer and the fee per insignia paid by the manufacturer,
					 less $50 to be retained by the Department for handling expenses. Insignia
					 returned to the Department under §
											145.69 will not be subject to the
					 charge for handling expenses.
(d) A
					 manufacturer may not use, transfer, sell or otherwise dispose of insignia of
					 certification issued to it by the Department in any manner not specifically
					 authorized of this chapter.
See 53 Pa.B. 830 (February 11, 2023) for a notice
						  regarding implementation of this section.
The provisions of this §
													145.63 amended under section 5 of
						  the Industrialized Housing Act (35 P.S. §
														1651.5).
This section cited in 12 Pa. Code §
													145.58 (relating to basic
						  requirements for a compliance control program); 12 Pa. Code §
													145.60 (relating to insignia of
						  certification); 12 Pa. Code §
													145.70 (relating to Departmental
						  evaluation and inspection); 12 Pa. Code §
													145.94 (relating to fees); and 12
						  Pa. Code §
													145.103 (relating to issuance of
						  insignia of certification).