Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 8238 (December 30, 2023).

12 Pa. Code § 145.72a. Frequency of inspections.

§ 145.72a. Frequency of inspections.

 (a)  In carrying out its monitoring responsibilities under §  145.72 (relating to responsibilities of inspection agencies), an inspection agency shall observe the minimum frequency of inspection requirements in this subsection. During the inspection agency’s initial work at the factory or after revocation under §  145.67 (relating to revocation of certification), the inspection agency shall monitor the manufacturer’s approved compliance control program by inspecting industrialized housing, buildings, or housing or building components until it can be certified that the manufacturer is producing conforming industrialized housing, buildings, or housing or building components on an ongoing basis. Due to the varied nature and complexities of these products prior to beginning this certification process, the third-party agency shall submit to the Department its recommendation as to the minimum inspection frequency required to certify, and the frequency of inspections for routine inspection surveillance to assure the manufacturer is producing conforming housing or building components on an ongoing basis. The Department will review and determine if the third-party agency’s proposal is adequate to grant the manufacturer authority to receive and attach insignias of certification. At any time during the certification process, the inspection agency may modify the proposal and submit the revised proposal to the Department for further review.

 (b)  An inspection agency’s monitoring responsibilities under §  145.72(1) include, at a minimum, the monthly inspection of the storage and transportation methods and facilities employed by or on behalf of the manufacturer for as long as the manufacturer retains title to or effective control over the units to insure that the units are not altered from the manner in which they were approved.

 (c)  In carrying out its monitoring responsibilities under §  145.72(1), an inspection agency shall inspect industrialized housing and buildings at the site after installation is complete in a manner and frequency, consistent with factors set forth in subsection (d), necessary to confirm that the manufacturer’s approved compliance control program is effective in assuring installation consistent with the manufacturer’s approved building system documentation. Documentation of the onsite inspections must be on file in each manufacturing facility and be provided to the Department within 30 days of the Department’s request for the documentation.

 (d)  The minimum frequency of inspection requirements in this section are not intended to substitute for the professional judgment of an inspection agency in determining whether a greater frequency of inspections is necessary to discharge its responsibilities properly. Factors that should be considered in establishing an appropriate frequency of inspection level for any manufacturer are the production volume of the factory, the design complexity of the units, the qualifications of the manufacturer’s compliance control personnel and the experience record of the manufacturer.

Authority

   The provisions of this §  145.72a 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) for a notice regarding implementation of this section.)

Source

   The provisions of this §  145.72a adopted July 25, 1975, effective July 26, 1975, 5 Pa.B. 1911; amended November 5, 2004, effective February 4, 2005, 34 Pa.B. 6024; effective date correction at 34 Pa.B. 6133; amended May 7, 2010, effective July 7, 2010, 40 Pa.B. 2421; amended November 4, 2016, effective November 6, 2017, 46 Pa.B. 6976. Immediately preceding text appears at serial pages (349269) to (349270).

Cross References

   This section cited in 12 Pa. Code §  145.92 (relating to reports by the Department).



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