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 145.102 - Determinations of acceptability of certifications of a competent state authority

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Department may, on the basis of its review of the applicable statutes,
					 regulations and administrative practices and experience and the other
					 information as it may consider necessary for an informed finding, find that the
					 standards of a competent authority of a state of the United States under which
					 industrialized housing, housing components, industrialized buildings or
					 building components are certified are substantially equivalent to the
					 provisions of this chapter. The finding by the Department will be based on the
					 following subsidiary findings:
(1) An agency,
					 authority or division of the government of a state of the United States has
					 established and is actively administering under valid legislative authority a
					 program for the certification of industrialized housing, housing components,
					 industrialized buildings or building components or type of industrialized
					 housing, housing components, industrialized buildings or building components
					 similar in its purposes to the program authorized by the act.
(2) The codes and standards utilized by the
					 competent authority of the other state governing the design, materials and
					 method of construction are substantially equivalent to the codes and standards
					 adopted by the Department under §§
												145.41,
					 145.42 and
					 145.44 (relating to adoption of
					 standards; alternate standards; and adoption and effective dates-code
					 amendments). The determination of substantial equivalency will be based on a
					 finding that the degree of protection to the health, safety and welfare of the
					 citizens of this Commonwealth would not be materially less under other codes
					 and standards than under the codes and standards adopted by the Department
					 under §§
												145.41,
					 145.42 and
					 145.44. It is not intended that
					 findings of substantial equivalency be limited to codes adopted by other
					 jurisdictions which are identical or substantially identical with the codes
					 adopted under §§
												145.41,
					 145.42 and
					 145.44. In addition, a finding of
					 substantial equivalency may be limited to designated types of buildings or
					 methods of construction for buildings.
(3) The competent state authority will not
					 certify industrialized housing, housing components, industrialized buildings or
					 building components unless there has been a finding that the manufacturer is
					 administering an acceptable compliance control program or, if third-party
					 agencies are utilized, there is an acceptable compliance assurance
					 program.
(4) The evaluation of the
					 building system documentation of manufacturers for conformity with the adopted
					 codes and standards and of the related compliance control program or compliance
					 assurance program, as the case may be, is performed by personnel possessing
					 satisfactory qualifications to assure determinations that are reliable,
					 objective and without bias.
(5) The
					 procedures adopted by the competent state authority are satisfactory to assure
					 effective enforcement of the regulations and standards adopted by that
					 jurisdiction.