12 Pa. Code § 145.73 - Criteria for approval of evaluation and inspection agencies

(a) The Department will accept a written application from the designated employee of an agency who wishes to become an evaluation agency or an inspection agency for industrialized housing or industrialized buildings, or both. If the Department determines, on the basis of the inquiry as the Department deems necessary and appropriate, that the agency possesses the capacity of discharging reliably, objectively and without bias the responsibilities assigned by this chapter to an evaluation agency or to an inspection agency, as the case may be, the Department will approve the application. In making the determination, the Department will consider that:

(1) There is a sufficient breadth of interest or activities so that the loss or award of a specific contract to an agency determining compliance of a product with this chapter would not be a substantial factor in the financial well-being of the agency performing the required functions.

(2) Employment security of personnel is free of influence or control by any manufacturer, supplier or vendor.

(3) The agency is not engaged in the promotion of products that they shall determine to be in compliance with this chapter.

(b) The Department will evaluate information on the following factors that relate to the ability of the applying agency to discharge the responsibilities that would be assigned to it as an approved evaluation agency or an approved inspection agency, as the case may be:

(1) The legal character and good standing of the applying agency.

(2) The financial strength of the applying agency.

(3) The current qualifications of the management and technical personnel of the applying agency. A list of the required qualifications will be published in the Pennsylvania Bulletin annually.

(4) The range of salaries and other compensation of the technical personnel, including inspectors of the applying agency, excluding principals, principal officers and directors of the applying agency.

(5) The policies and procedures of the applying agency for the hiring, training and supervision of technical personnel, including education and training following changes in the codes and standards applicable under this chapter.

(6) The extent, if any, to which the applying agency will engage independent consultants and the functions the independent consultants will perform; in general, the Department will not approve an applying agency who utilizes as key technical or supervisory personnel anyone who is an independent consultant. Also, the Department will not permit the use, by an inspection agency, of part-time inspectors unless the inspection agency's present volume of business in designated geographic areas does not justify full-time personnel or unless there are other compelling justifications.

(7) The prior experience and level of performance of the applying agency in performing similar or related functions.

(8) The capability, if any, of the applying agency to perform testing, including the nature of the testing and the facilities and personnel to perform it, and the identity, facilities, experience and key personnel of an independent testing agency with which arrangements have been made for testing services and the nature of the testing services.

(9) The extent, if any, to which the applying agency is affiliated with or influenced or controlled by a producer, manufacturer, supplier or vendor of products, supplies or equipment used in industrialized housing or industrialized buildings.

(10) The procedures to be used by the applying agency in discharging the responsibilities under this chapter of an evaluation agency or inspection agency, as the case may be. An applying agency seeking approval as an inspection agency shall furnish the complete procedures for monitoring the manufacturer's compliance control program it would use for each type of construction for which it seeks approval, and state its policy with respect to the frequency at which it will conduct inspections of each phase of the manufacture, transportation and installation of industrialized housing, housing components, industrialized buildings or building components.

(c) The Department may consider information with respect to other factors that it may deem relevant to its determination of approval or disapproval. In approving an evaluation or inspection agency, the Department may limit the scope of the agency's approved activities to particular types of industrialized housing, buildings, or housing or building components, geographic area or the number of manufacturers the Department determines an agency can effectively evaluate or inspect, or both.

Notes

12 Pa. Code § 145.73

The provisions of this § 145.73 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 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 § 145.73 amended under section 5 of the Industrialized Housing Act (35 P.S. § 1651.5).

This section cited in 12 Pa. Code § 145.1 (relating to definitions); and 12 Pa. Code § 145.75 (relating to procedures for obtaining approvals of evaluation and inspection agencies).