(a) No
evaluation agency or inspection agency may discharge a responsibility under
this chapter unless under valid contracts with the Department and with
manufacturers contemplated by this section.
(b) As soon as practical but not later than
30 days after the Department approves an evaluation agency or an inspection
agency under §
145.75 (relating to procedures for
obtaining approvals of evaluation and inspection agencies), the Department and
the third-party agency shall enter into a contract which will set forth the
rights and obligations of the Department and the third-party agency. The
contracts must contain representations by the third-party agencies with respect
to their fees to be paid by manufacturers for the discharge of their
responsibilities under this chapter; the establishment of the fees may not be
subject to negotiation with the Department. In all other respects, except for
the limitations scope and the special conditions contained therein, contracts
with evaluation agencies must be uniform for evaluation agencies and contracts
with inspection agencies must be uniform for inspection agencies. Each contract
must also contain a provision under which the Department may require an
evaluation agency or an inspection agency to enter into and implement an
implementing contract under subsection (c), whether on a temporary or permanent
basis, with a manufacturer that is unable to comply with this chapter because
third-party agencies are unwilling voluntarily to enter into an implementing
contract with the manufacturer or because the manufacturer is otherwise without
a currently valid implementing contract with an evaluation agency or an
inspection agency because the approval of the third-party agency was suspended
or revoked under the provisions of this chapter. Each contract must also
contain provisions which are required by law for contracts of which the
Department is a party, including, without limitation, provisions for equal
employment opportunity.
(c) A
manufacturer seeking certification of industrialized housing, housing
components, industrialized buildings or building components that it
manufactures shall enter into implementing contracts with an evaluation agency
and an inspection agency with contracts with the Department under subsection
(b). Each third-party agency shall send a copy of each implementing contract to
the Department.
(d) A manufacturer
of industrialized housing, housing components, industrialized buildings or
building components approved under this title shall have a current implementing
contract with an approved evaluation agency and an approved inspection agency
or have alternate arrangement for evaluation or inspection, or both, of its
products with the Department under §
145.70 (relating to Departmental
evaluation and inspection).
(e) A
manufacturer of industrialized housing, housing components, industrialized
buildings or building components operating under an implementing contract with
an approved evaluation agency and an approved inspection agency, who wishes to
enter into an implementing contract with a different evaluation or inspection
agency, shall provide justification and receive approval from the Department
prior to entering into the new contract, except as provided for in §
145.79(e)
(relating to suspension and revocation of third-party agencies).
