Current through Register Vol. 54, No. 49, December 7, 2024
Section 145.63 - Procedures for requesting, controlling and attaching insignia of certification(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.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. 2421Amended by Pennsylvania Bulletin, Vol 46, No. 45. November 5, 2016, effective 11/6/2017See 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).