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 § 145.76. Reapprovals of third-party agencies.

§ 145.76. Reapprovals of third-party agencies.

 (a)  An evaluation agency or inspection agency approved by the Department under §  145.75 (relating to procedures for obtaining approvals of evaluation and inspection agencies) may apply to the Department for reapproval. The application for reapproval may be filed with the Department within 60 days prior to the scheduled expiration of the current approval from the Department. The applying third-party agency seeking reapproval shall completely and accurately furnish pertinent information necessary to make current the information previously submitted to the Department as part of its original application for approval and subsequent applications for reapproval. The applying third-party agency shall provide additional information that the Department may request. The application for reapproval shall utilize forms that the Department may require. The application for reapproval will become a permanent record of the Department. The application will be accompanied by the fee established under §  145.94 (relating to fees). The Department may conduct additional investigations of the applying third-party agency that it deems necessary.

 (b)  Within 30 days following the receipt by the Department of an application for reapproval, the Department will make its determination whether the applying third-party agency continues to meet the requirements of this chapter for an industrialized housing evaluation agency or industrialized building evaluation agency, or both, or an industrialized housing inspection agency or industrialized building inspection agency, or both. In the event of a disapproval, the Department will provide the applying third-party agency with a brief written explanation of the reasons for the disapproval. In the event of a reapproval, the Department will provide the applying third-party agency with a brief written letter of reapproval. A reapproval will expire on the date of the next anniversary of the date of the scheduled expiration of the current approval from the Department.

 (c)  The Department may, on its own motion or at the request of an evaluation agency or inspection agency, grant a temporary reapproval of an evaluation agency or inspection agency for a period not to exceed 60 days. The applying third-party agency seeking reapproval shall be subject to procedures that satisfy the Department of its ability to perform its functions. The procedures shall require annual interviews of third-party agency personnel at their headquarters or by teleconference to assess the desired performance.

Authority

   The provisions of this §  145.76 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 §  145.76 adopted July 12, 1974, effective July 13, 1974, 4 Pa.B. 1403; amended September 8, 1978, effective March 9, 1979, 8 Pa.B. 2524; corrected September 22, 1978, effective March 9, 1979, 8 Pa.B. 2631; amended July 8, 1988, effective July 9, 1988, 18 Pa.B. 3040; amended November 4, 2016, effective November 6, 2017, 46 Pa.B. 6976. Immediately preceding text appears at serial pages (231156) and (349271).

Cross References

   This section cited in 12 Pa. Code §  145.91 (relating to reports to the Department); and 12 Pa. Code §  145.94 (relating to fees).



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