LOCAL ENFORCEMENT AGENCIES
§ 145.81. Responsibilities of local enforcement agencies.
(a) Local enforcement agencies, building code and construction code officials can make an important contribution to the effective administration of the act and this chapter. In addition to discharging the responsibility under local law for the enforcement of applicable locally-enacted codes and ordinances governing site preparation work and water, sewer, electrical and other energy supply connections as described more particularly in § 145.36 (relating to applicability of locally-enacted codes and ordinances), and in view of the responsibilities of local enforcement agencies under State and local law and of the responsibilities of local governments to cooperate with agencies of the Commonwealth to protect the health, safety and welfare of the citizens of this Commonwealth, local enforcement agencies shall assist the Department in enforcing the act and this chapter for industrialized housing, housing components, industrialized buildings or building components at the time of installation in the jurisdiction of their local government in the following respects:
(1) Site inspections of industrialized housing, housing components, industrialized buildings or building components, upon arrival at the site, for apparent damage occurring during transportation from the manufacturing facilities to the site and other apparent nonconformity with the approved building system documentation.
(2) Site inspections of the installation of the industrialized housing, housing components, industrialized buildings or building components consistent with those elements of installation addressed in the Site Installation Inspection Checklist required under § 145.91(e) (relating to reports to the Department) and the installation instructions in the Building System Approval Report.
(3) Notifications to the Department and the manufacturer of damage and nonconforming elements found in the industrialized housing, housing components, industrialized buildings or building components as a result of the site inspections, as well as additional site inspections of efforts made to remedy or repair the damage and nonconforming elements shall be channeled through the Department.
(4) Notification to the Department of violations of the act and this chapter by the manufacturer, inspection agency or other person, including instances in which industrialized housing, housing components, industrialized buildings or building components are installed or are intended for installation without bearing the required insignia of certification.
(5) Cooperation with the Department in efforts to take action to remedy the violations and prevent future occurrences.
(b) Site inspections of industrialized housing and housing components which a local enforcement agency performs under this chapter shall include, and be limited to, any type of visual exterior inspection and monitoring of tests performed by other persons during installation in accordance with the installation requirements in the Building System Approval Report. Destructive disassembly of the industrialized housing, housing components, industrialized buildings or building components may not be performed, and nondestructive disassembly may not be performed in the course of an inspection except to the extent of opening access panels and cover plates.
The provisions of this § 145.81 amended under section 5 of the Industrialized Housing Act (35 P.S. § 1651.5).
(Editors Note: See 53 Pa.B. 830 (February 11, 2023) for a notice regarding implementation of this section.)
The provisions of this § 145.81 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 (349275) to (349276).
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