(a) A manufacturer
with an
approved building system documentation and related
approved compliance
assurance program may request the
Department to issue to it
insignia of
certification in a quantity not less than five and not more than the quantity
needed for the manufacturer's reasonably estimated production during a 1-month
period. The manufacturer's request shall be made on a Request for
Insignia of
Certification Form furnished by the
Department and shall be accompanied by a
check, money order or electronic payment in an amount calculated in accordance
with the fee schedule in §
145.94 (relating to fees). If the
manufacturer's request is complete and the fee payment is correct and the
manufacturer and its
third-party agency have fulfilled all of their obligations
under this chapter, the
Department will promptly issue to the manufacturer the
requested number of
insignia of certification. Each individual
insignia of
certification will bear a separate insignia serial number written thereon by
the
Department. The
insignia of certification issued to the manufacturer will
be accompanied by an
Insignia of Certification Inventory Control List on a form
furnished by the
Department. The
Department will send a copy of the
Insignia of
Certification Inventory Control List to the appropriate
inspection
agency.
(b) The manufacturer shall
entrust the custody of the insignia of certification received from the
Department only to employees designated in the compliance control program as
responsible for the custody and control of the insignia of certification. The
manufacturer shall attach the insignia only in the circumstances prescribed in
the compliance control program and only with the prior specific authorization
from the inspection agency. The manufacturer shall attach the insignia of
certification in the manner specified by the Department intended to assure that
the insignia cannot be removed without destroying the insignia. The
manufacturer shall promptly record the attachment of each insignia of
certification on the Insignia of Certification Inventory Control List. A copy
of the Insignia of Certification Inventory Control List, with all columns
filled out by the manufacturer, shall be sent by the manufacturer to the
Department and to the inspection agency promptly following the use of all the
insignias listed on the list. The manufacturer shall report to the Department
and to the inspection agency the status of all insignias issued to them on a
monthly basis, utilizing a method approved by the Department.
(c) The manufacturer shall return to the
Department unused
insignia of certification that have been issued to it within
10 days following the suspension of approval under §
145.66(a)
(relating to emergency suspension) of previously
approved building system
documentation or compliance assurance programs of the manufacturer, or
following the suspension under §
145.66(b) of the
manufacturer's right to receive or attach
insignia of certification, or
following recall under §
145.69 (relating to suspension of
certificate of approval of out-of-State manufacturer for lack of activity) or
following the manufacturer's discontinuance of the
manufacture of
industrialized housing, buildings, or housing or building components for sale,
lease or
installation for use in this Commonwealth, or following the bankruptcy
or dissolution of the manufacturer or the discontinuance of the manufacturer's
business for whatever reason, or following the manufacturer's determination
that the
insignia of certification is no longer needed. The
Department will
cause the manufacturer to be refunded a portion of the fee already paid for the
insignia equal to the product of the number of
insignia of certification
returned by the manufacturer and the fee per insignia paid by the manufacturer,
less $50 to be retained by the
Department for handling expenses. Insignia
returned to the
Department under §
145.69 will not be subject to the
charge for handling expenses.
(d) A
manufacturer may not use, transfer, sell or otherwise dispose of insignia of
certification issued to it by the Department in any manner not specifically
authorized of this chapter.
Notes
The
provisions of this § 145.63 adopted July 12, 1974,
effective 7/13/1974, 4 Pa.B. 1403; amended July 25, 1975, effective 7/26/1975, 5 Pa.B. 1911; 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 August 9, 1991, effective 8/10/1991, 21 Pa.B. 3509; amended
May 7, 2010, effective 7/7/2010, 40 Pa.B. 2421
Amended by
Pennsylvania
Bulletin, Vol 46, No. 45. November 5, 2016, effective
11/6/2017
See 53 Pa.B. 830 (February 11, 2023) for a notice
regarding implementation of this section.
The provisions of this § 145.63 amended under section 5 of
the Industrialized Housing Act (35 P.S. §
1651.5).
This section cited in 12 Pa. Code §
145.58 (relating to basic
requirements for a compliance control program); 12 Pa. Code §
145.60 (relating to insignia of
certification); 12 Pa. Code §
145.70 (relating to Departmental
evaluation and inspection); 12 Pa. Code §
145.94 (relating to fees); and 12
Pa. Code §
145.103 (relating to issuance of
insignia of certification).