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COMMONWEALTH OF PENNSYLVANIA

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12 Pa. Code § 145.58. Basic requirements for a compliance control program.

§ 145.58. Basic requirements for a compliance control program.

 (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.

 (c)  For approval, except as modified under subsection (e), the compliance control program must include requirements on the following items:

   (1)  Specific assignments of responsibility to designated divisions or employees of the manufacturer for every significant phase in the production, transportation and installation of the industrialized housing, housing components, industrialized buildings or building components.

   (2)  Procedures under which employees of the manufacturer inspect and approve each significant process in every significant phase of the manufacture, transportation and installation of the industrialized housing, housing components, industrialized buildings or building components.

   (3)  Procedures for marking identified deficiencies—such as serialized colored tags that can be attached to the deficiency—and for assuring their correction or the disposal of the deficient item.

   (4)  Procedures to assure that the fabrication or shop drawings for the industrialized housing, housing components, industrialized buildings or building components conform to the approved building system documentation or to the drawings approved by the third-party agency with whom the manufacturer has an implementing contract.

   (5)  Procedures to maintain, file and control fabrication or shop drawings and documents constituting the building system.

   (6)  Procedures to maintain complete and reliable records of the manufacture, transportation and installation of the industrialized housing, housing components, industrialized buildings or building components, each unit of which shall be assigned a manufacturer’s serial number to facilitate identification.

   (7)  Procedures employed by the manufacturer to request, store and attach the insignia of certification issued to it by the Department under §  145.63 (relating to procedures for requesting, controlling and attaching insignia of certification).

   (8)  Procedures for controlling the storage and transportation of industrialized housing, housing components, industrialized buildings or building components from the manufacturing facilities to the site, identifying specific functions and techniques that are of critical importance.

   (9)  Procedures for controlling the installation of industrialized housing, housing components, industrialized buildings or industrialized building components at the site.

   (10)  A brief identification and description of physical testing to be performed at a point during a phase of manufacture, transportation and installation, the frequency of its performance, and the identification and qualifications of the persons performing the testing.

 (d)  The list of topics set forth in subsection (c) is not exclusive and is not intended to preclude additional items and greater details prior to approving a compliance control program.

 (e)  If a manufacturer transfers title to and effective control over its industrialized housing, housing components, industrialized buildings or building components to other, unrelated persons at a point prior to its installation at the site, the manufacturer shall be responsible for furnishing to the persons responsible for transportation and installation adequate information, manuals, checklists, Notices of Approval, and the like, relating to the transportation and installation of the industrialized housing, housing components, industrialized buildings or building components, including the relevant portions from its compliance control program referred to in subsections (c)(8)—(10), but the manufacturer may not be responsible for implementation after the transfer of title and effective control.

 (f)  An evaluation agency’s approval of a compliance control program shall be evidenced by the stamp of approval of the evaluation agency affixed to the title page of the compliance control manual and signed and dated by a designated employee of the evaluation agency.

Authority

   The provisions of this §  145.58 amended under section 5 of the Industrialized Housing Act (35 P.S. §  1651.5).

 (Editor’s Note: See 53 Pa.B. 830 (February 11, 2023) and 54 Pa.B. 145 (January 13, 2024) for notices regarding implementation of this section.)

Source

   The provisions of this §  145.58 adopted July 12, 1974, effective July 13, 1974, 4 Pa.B. 1403; amended July 8, 1988, effective July 9, 1988, 18 Pa.B. 3040; amended August 9, 1991, effective August 10, 1991, 21 Pa.B. 3509; amended November 4, 2016, effective November 6, 2017, 46 Pa.B. 6976. Immediately preceding text appears at serial pages (349254) to (349256).

Cross References

   This section cited in 12 Pa. Code §  145.1 (relating to definitions); and 12 Pa. Code §  145.82 (relating to issuance of building permits).



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