12 Pa. Code § 145.102 - Determinations of acceptability of certifications of a competent state authority

(a) The Department may, on the basis of its review of the applicable statutes, regulations and administrative practices and experience and the other information as it may consider necessary for an informed finding, find that the standards of a competent authority of a state of the United States under which industrialized housing, housing components, industrialized buildings or building components are certified are substantially equivalent to the provisions of this chapter. The finding by the Department will be based on the following subsidiary findings:

(1) An agency, authority or division of the government of a state of the United States has established and is actively administering under valid legislative authority a program for the certification of industrialized housing, housing components, industrialized buildings or building components or type of industrialized housing, housing components, industrialized buildings or building components similar in its purposes to the program authorized by the act.

(2) The codes and standards utilized by the competent authority of the other state governing the design, materials and method of construction are substantially equivalent to the codes and standards adopted by the Department under §§ 145.41, 145.42 and 145.44 (relating to adoption of standards; alternate standards; and adoption and effective dates-code amendments). The determination of substantial equivalency will be based on a finding that the degree of protection to the health, safety and welfare of the citizens of this Commonwealth would not be materially less under other codes and standards than under the codes and standards adopted by the Department under §§ 145.41, 145.42 and 145.44. It is not intended that findings of substantial equivalency be limited to codes adopted by other jurisdictions which are identical or substantially identical with the codes adopted under §§ 145.41, 145.42 and 145.44. In addition, a finding of substantial equivalency may be limited to designated types of buildings or methods of construction for buildings.

(3) The competent state authority will not certify industrialized housing, housing components, industrialized buildings or building components unless there has been a finding that the manufacturer is administering an acceptable compliance control program or, if third-party agencies are utilized, there is an acceptable compliance assurance program.

(4) The evaluation of the building system documentation of manufacturers for conformity with the adopted codes and standards and of the related compliance control program or compliance assurance program, as the case may be, is performed by personnel possessing satisfactory qualifications to assure determinations that are reliable, objective and without bias.

(5) The procedures adopted by the competent state authority are satisfactory to assure effective enforcement of the regulations and standards adopted by that jurisdiction.

(b) If the Department makes a finding of substantial equivalency under subsection (a), it will further determine whether there are procedures adopted by the competent state authority with respect to which the finding of substantial equivalency is made under which the Department would be promptly notified in the event of the suspension or revocation of approval of any manufacturer or third-party agency or of any other approval issued by the competent state authority relating to the enforcement of its applicable regulations. If there are no procedures for prompt notification to the Department, the Department may seek agreement from the competent state authority for the establishment of notification procedures.

(c) Promptly after the Department makes a finding of substantial equivalency under subsection (a) with respect to the standards adopted by a competent state authority under which industrialized housing, housing components, industrialized buildings or building components are certified by the authority, and further determines that the competent state authority has adopted the notification procedures prescribed in subsection (b), the Department will notify third-party agencies and manufacturers with approved building system documentation that, on compliance with the requirements of § 145.103 (relating to issuance of insignia of certification), the Department will issue to a manufacturer insignia of certification for attachment to industrialized housing, housing components, industrialized buildings or building components certified by the competent state authority with respect to which the findings have been made.

Notes

12 Pa. Code § 145.102

The provisions of this § 145.102 adopted July 12, 1974, effective 7/13/1974, 4 Pa.B. 1403; amended September 8, 1978, effective 3/9/1979, 8 Pa.B. 2524; corrected September 22, 1978, effective 3/9/1979, 8 Pa.B. 2631; amended November 4, 2016, effective 11/6/2017, 46 Pa.B. 6976.

See 53 Pa.B. 830 (February 11, 2023) for a notice regarding implementation of this section.

The provisions of this § 145.102 amended under section 5 of the Industrialized Housing Act (35 P.S. § 1651.5).

This section cited in 12 Pa. Code § 145.101 (relating to general authority); 12 Pa. Code § 145.103 (relating to issuance of insignia of certification); 12 Pa. Code § 145.104 (relating to reciprocal agreements); and 12 Pa. Code § 145.105 (relating to suspension and revocation).