Illinois Administrative Code
Title 77 - PUBLIC HEALTH
Part 880 - ILLINOIS MODULAR DWELLINGS AND MOBILE STRUCTURES CODE
Section 880.65 - Approval of Inspection Agencies
Universal Citation: 77 IL Admin Code ยง 880.65
Current through Register Vol. 48, No. 12, March 22, 2024
a) Initial Approval Procedures
1) Application
Requirements. An inspection agency seeking approval shall submit a written
application to the Department that shall include the following items:
A) The original articles of incorporation of
the agency and all subsequent amendments to those articles, as filed in the
state of incorporation.
B) The
bylaws of the organization, if any.
C) The names, addresses, and business
interests of all members of the board of directors and of management
personnel.
D) Certification by the
agency that:
i) Its board of directors and
technical personnel can exercise independence of judgment;
ii) Its activities will result in no
financial benefit to the agency via stock ownership, or other financial
interests in any producer, supplier, or vendor of products involved, other than
through standard published fees for services rendered.
E) Names, years of experience, state in which
professionally registered, and other qualifications of the directors of
inspection programs.
F) Names and
years of experience of employees practicing in the following disciplines:
architecture, structural engineering, mechanical engineering, electrical
engineering, fire protection, and other branches of professional engineering;
the states in which each is registered; and the services each
performs.
G) An organizational
chart showing management and supervisory persons, including the number of
licensed graduate engineers and architects and the names of all consulting
licensed engineers or architects, designating which are full-time and which are
part-time. The personnel requirements of the American Society for Testing and
Materials (ASTM E-54), Criteria for Agencies in System Analysis and Compliance
Assurance for Manufactured Buildings, shall be met.
H) Number and location of factory inspectors,
supervisors, and other technicians, including evaluators of factory inspectors
and the qualifications of each specialized group, including records of work
experience, licenses held, and other pertinent qualifications. Descriptions
shall be included of the type of work each group and each technician is
expected to perform.
I) Statement
from the agency to assure that all inspectors, evaluators, and other
technicians are properly trained to do each job assigned to them.
J) An outline of the general procedures for
supervision of inspectors and evaluators, including checking and evaluation of
their work.
K) Names of all
engineers, technicians, and other personnel who will perform services for the
organization but who are not employees of the organization, and the supervisory
and other relationships that each will have to the agency.
L) A list of the types of products,
components, equipment, structures, and other items that the organization has
evaluated, tested, or inspected, and the number of years of experience the
organization has had with each.
M)
A list of the types of codes, standards, specifications, and requirements with
which the organization has had experience in providing inspection or testing
services, and the number of years of experience with each.
N) Description of the recordkeeping system
the agency proposes to use, with particular regard to availability of records
to the Department and the capacity to send reports to the Department.
O) Description of the frequency with which
the agency performs inspections or evaluations.
P) List of the states in which the agency is
now approved to inspect or evaluate modular dwellings, mobile structures or
building components for compliance with approved building systems.
2) Incomplete or incorrect
applications will not be accepted for processing and will be returned to the
applicant within 30 days after receipt by the Department, with a written
explanation of the reasons why the application was not acceptable to the
Department. Applications can be resubmitted with necessary
corrections.
3) Complete
applications will be accepted for processing and the applicant will be notified
in writing of that acceptance within 30 days after the date the application is
received by the Department.
A) The Department
shall conduct an evaluation either at the agency's office or at a manufacturing
facility within 30 days after the application is determined to be in compliance
with this Part, but prior to the issuance of the initial approval.
B) The Department shall approve inspection
agencies that meet the requirements of this subsection (a) and that the
Department finds qualified to perform the functions proposed to be delegated to
them.
C) In the event the
evaluation of the agency's office or factory finds those facilities to be
inadequate to meet the requirements of this Part, the Department shall return
the complete application to the applicant with a written explanation of the
reasons for disapproval.
4) Approved inspection agencies shall be
notified by the Department in writing. The approval letter will state the
specific functions that the applicant has been approved to perform. The initial
approval shall expire December 31 of the year following the date of the
approval letter.
b) Annual Approval of Inspection Agencies
1) The
Department shall conduct an annual evaluation of each approved inspection
agency for the purpose of evaluating the performance of each agency in
monitoring the manufacturer's compliance assurance program.
2) These evaluations may be conducted at any
reasonable time, with or without prior notice, at either the inspection
agency's office or at a manufacturer's place of business.
3) Each evaluation shall investigate:
A) The adequacy of all engineering
evaluations of plans, specifications and test results;
B) Testing and analysis of compliance
assurance programs;
C) Procedures
used by the agency in the monitoring activity, including personnel selection,
training, supervision, reporting accuracy, use of approved documents,
evaluation of reports, decision criteria, and all other activities that measure
the effectiveness of the manufacturer's program.
4) A report of evaluation results will be
compiled and maintained by the Department. A copy of the report will be sent to
the inspection agency, along with notification of any deficiencies determined
during the evaluation and the means and time frame for correction of the
deficiencies.
5) If deemed
necessary by the Department, an agency's approval may be suspended or revoked
as provided in subsection (c).
c) Suspension and Revocation
1) Grounds
A) The Department may suspend or revoke its
approval of any inspection agency if the approval was issued on the basis of
incorrect information or issued in violation of the Act or this Part.
B) If the Department determines that the
inspection agency has failed to perform its functions properly, the Department
shall notify the agency and arrange for an informal presentation of views. If
an informal presentation of views fails to achieve resolution, the Department
shall notify the agency in writing of its intent to suspend or revoke the
approval.
2) Procedures
in Event of Suspension or Revocation
A)
General. If the Department suspends or revokes the approval of an inspection
agency, the manufacturers being evaluated by the agencies shall be given notice
in writing after the disposition of any appeal of the suspension or
revocation.
B) Temporary
Arrangement to Continue Manufacturing. After the suspension or revocation of
any inspection agency, the Department, upon the request of any manufacturer
affected, shall establish a temporary arrangement by which the manufacturer can
continue to manufacture, sell, lease, deliver and install modular dwellings and
mobile structures in accordance with the Act and this Part until the suspension
or revocation is removed or arrangements are completed to utilize another
approved inspection agency.
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