12 Pa. Code § 145.93 - Factory inspections; right of entry
(a)
Authorized inspections by
Department.
(1) The Department is
authorized to inspect:
(i) A manufacturing
facility of a manufacturer with approved building system documentation or to
whom insignia of certification has been issued under §
145.103 (relating to issuance of
insignia of certification).
(ii)
The transportation facilities utilized for the transport of certified
industrialized housing, housing components, industrialized buildings or
industrialized building components.
(iii) The building sites on which certified
industrialized housing, housing components, industrialized buildings or
industrialized building components have been or are intended to be
installed.
(iv) The books and
records-wherever maintained-of a manufacturer with approved building system
documentation or to whom insignia of certification has been issued under §
145.103 which relate to the
manufacture, sale, lease or installation of industrialized housing, housing
components, industrialized buildings or industrialized building components for
use on a site in this Commonwealth.
(v) The facilities and the books and records
of a third-party agency which relate to the discharge of its responsibilities
under this chapter.
(2) A
manufacturer with approved building system documentation or to whom insignia of
certification has been issued under §
145.103 and every approved
evaluation agency and approved inspection agency shall grant to authorized
representatives of the Department the right of entry on its property at
reasonable times during normal business hours for the purpose of conducting the
inspections and examinations as authorized under this section.
(3) Persons selling, acquiring or leasing the
industrialized housing, housing components, industrialized buildings or
building components, and persons engaged in its transportation to and
installation at the building site, shall grant to authorized representatives of
the Department the same right of entry on their property as the manufacturer is
required to grant under this chapter.
(b)
Yearly inspections. A
factory or manufacturing facility with approved building system documentation
will be inspected at least once each year by the Department. The inspections
are to verify the effectiveness of the sponsor's quality program and compliance
with approved building systems documentation.
(c)
Inspection upon complaints or
suspected violations. A manufacturer with approved building system
documentation shall grant to authorized representatives of an evaluation and
inspection agency with which it has an implementing contract the right of entry
on its property at least twice per year during normal business hours and at
other times upon complaint or a reasonable belief that violations of this
chapter may exist, for the purpose of conducting inspections and examination as
the evaluation or inspection agency deems necessary to discharge its
responsibilities under this chapter and under its contract with the
manufacturer. Persons selling, acquiring or leasing the industrialized housing,
housing components, industrialized buildings or building components, and
persons engaged in its transportation to and installation on the building site,
shall grant to an evaluation and inspection agency with an implementing
contract with the manufacturer the same right of entry on their property as the
manufacturer is required to grant under this chapter.
(d)
Inspection restrictions.
Upon entry onto a manufacturer's property or other property for the purpose of
conducting an inspection under this section, the Department's employee or
representative will state the scope of the intended inspection and that the
inspection will be conducted under the act.
Notes
See 53 Pa.B. 830 (February 11, 2023) for a notice regarding implementation of this section.
The provisions of this § 145.93 amended under section 5 of the Industrialized Housing Act (35 P.S. § 1651.5).
This section cited in 12 Pa. Code § 145.94 (relating to fees).
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