Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 488 (January 27, 2024).

12 Pa. Code § 41.7. Tenant eligibility.

§ 41.7. Tenant eligibility.

 (a)  General. Except as provided in subsection (c), tenants of the incubator shall be recently established small firms engaged in manufacturing, product development, research and development, professional services or some combination of these activities.

 (b)  Limitations. Except as provided in subsection (c), retail enterprises, nonprofit enterprises—except for nonprofit research and development enterprises—wholesale enterprises and personal service enterprises are not eligible tenants.

 (c)  Exceptions. The following types of organizations or enterprises may be eligible tenants for an incubator under the conditions specified:

   (1)  Local sponsors or operators that are nonprofit organizations may occupy space in the incubator but only space as is necessary to manage the incubator and provide services to tenants.

   (2)  Nonprofit enterprises, such as Small Business Development Centers, whose primary mission is to provide business development services, may be located in the incubator if they provide a substantial portion of their services to incubator tenants.

   (3)  Established law and accounting firms that provide pro bono services to incubator tenants may be tenants of the incubator.

   (4)  Anchor tenants may be an enterprise other than a retail enterprise and may occupy up to a total of 20% of the useful square footage of an incubator.

 (d)  Policies of incubators. Incubator tenants shall conform to policies established by the local sponsor, including policies pertaining to entry into and departure from the incubator. Anchor tenants are exempt from departure procedures.

Cross References

   This section cited in 12 Pa. Code §  41.2 (relating to definitions).



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