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 145.75 - Procedures for obtaining approvals of evaluation and inspection agencies

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An agency
					 seeking to obtain approval of the Department as an evaluation agency or
					 inspection agency shall apply to the Department. The applying agency shall
					 completely and accurately furnish as part of its application pertinent
					 information available to it, including samples where relevant, that relate to
					 the criteria that the Department shall consider in evaluating the application
					 under §
											145.73 (relating to criteria for
					 approval of evaluation and inspection agencies). The applying agency shall
					 provide the additional information as the Department may request. The applicant
					 shall utilize application forms that the Department may require. The
					 application shall be accompanied by the fee established under §
											145.94 (relating to fees). The
					 application shall become a permanent record of the Department.
(b) Prior to a full evaluation of an
					 application for approval, the Department will, within 30 days after receipt of
					 the application, determine whether the application is complete and suitable for
					 processing. In the event that the Department determines that the application is
					 not complete and suitable for processing, it shall notify the applying agency
					 in writing of the unsuitability and the basis thereof. If the applying agency
					 does not remedy the elements of unsuitability within 30 days after the sending
					 of the notice by the Department, the Department will refund all but $100 of the
					 fee of the applying agency and the findings of unsuitability shall be without
					 prejudice. A subsequent application shall be treated as a new
					 application.
(c) Following a
					 determination by the Department that an application is complete and suitable
					 for processing, the Department will review and evaluate the information
					 contained in the application and other information that the Department will
					 deem necessary and appropriate to enable it to make an accurate and informed
					 determination of approval or disapproval. The Department may visit the offices
					 and other facilities of the applying agency and meet with its management,
					 technical and other personnel. Within 90 days following the Department's
					 determination that an application is complete and suitable for processing,
					 unless additional time is necessary by reason of the applying agency's failure
					 to furnish information required by the Department, the Department will make its
					 determination whether the applying agency will be approved or will not be
					 approved under this chapter as an evaluation agency or an inspection agency, or
					 both, as the case may be. In the event of a disapproval, the Department will
					 provide the applying agency with a brief written explanation of the reasons for
					 the disapproval. In the event of an approval, the Department will provide the
					 applying person with a brief written letter of approval.
(d) The approval by the Department of an
					 agency as an evaluation agency or an inspection agency shall expire on the day
					 of the first anniversary of the date of the Department's letter of approval or
					 the date indicated in the letter of approval.
(e) Each approved third-party agency shall
					 within 10 days notify the Department of a major event or occurrence which would
					 materially affect its ability to discharge its responsibilities under this
					 chapter or which constitutes a material change from the information currently
					 on file in the Department with the third-party agency's applications for
					 approval or reapproval. Examples of major events or occurrences are changes of
					 ownership, changes of key supervisory or managerial personnel, changes in the
					 availability of testing equipment, or significant deterioration in its
					 financial condition. The third-party agency shall at reasonable intervals
					 notify the Department of other changes, such as the resignation and appointment
					 of inspectors in the information on file with the Department with the
					 third-party agency's applications for approval or reapproval.
This section cited in 12 Pa. Code §
													145.76 (reapprovals of third-party
						  agencies); 12 Pa. Code §
													145.78 (relating to contractual
						  arrangements); 12 Pa. Code §
													145.91 (relating to reports to the
						  Department); and 12 Pa. Code §
													145.94 (relating to
						  fees).