02-385-110 Me. Code R. § 3-13

Current through 2024-51, December 18, 2024
Section 385-110-3-13 - Approved Compliance Assurance Program
1.Approval Required

In order to obtain the certification required by 10 M.R.S. §9043(4), State-certified modular homes must be manufactured in accordance with an approved compliance assurance program for the manufacturer's approved building system.

2.Submission for Evaluation
A. A manufacturer shall submit to an authorized inspection agency for approval a quality assurance program that meets the requirements of Subchapter 3, Section 13(6).
B. If the submission is found to be incomplete or unsuitable for evaluation, the applicant must be notified in writing of the incompleteness or deficiencies within fifteen(15) calendar days of the date the quality assurance program was received.Any subsequent submission will be treated as a new application.
C. If the submission is found to be suitable for evaluation, a complete evaluation must be performed within thirty(30) calendar days of the date the quality assurance program was received.Upon completion, the applicant must be notified in writing of the results of the evaluation.If the quality assurance program is disapproved, the notice must include the reasons for the disapproval.
3.Approval

Approval of compliance assurance programs must be evidenced by the stamp of approval of the authorized inspection agency on each sheet of the program documents, or by other effective means of identification.One copy of the approved application and documentation must be returned to the applicant.

4.Changes to Approved Compliance Assurance Program

An approved compliance assurance program may not vary in any way without prior approval by the authorized inspection agency.All approved amendments must be made a part of the written record of the approval.Such approval must be in writing or be confirmed in writing within ten(10) calendar days of any oral authorization.

5.Suspension or Revocation of Approval
A. The authorized inspection agency may suspend or revoke approval of a compliance assurance program whenever the approval was issued in error, was issued on the basis of incorrect information, or was issued in violation of this chapter.Notice of such suspension or revocation must be given to the manufacturer in writing.The notice must include the reasons for the suspension or revocation and must inform the manufacturer of the time and manner in which an appeal to the Board may be taken pursuant to Subchapter 6.The suspension or revocation may not go into effect until thirty(30) days after the manufacturer's receipt of the written notice and is automatically stayed until the Board's disposition of any appeal filed by the manufacturer.
B. If the authorized inspection agency determines that homes manufactured pursuant to an approved building system do not comply with the Act or this chapter and the manufacturer fails to comply with a corrective order, the authorized inspection agency may suspend or revoke approval of the manufacturer's compliance assurance program.Notice of such suspension or revocation must be given to the manufacturer in writing.The notice must include the reasons for the suspension or revocation and must inform the manufacturer of the time and manner in which an appeal to the Board may be taken pursuant to Subchapter 6. The suspension or revocation may not go into effect until thirty(30) days after the manufacturer's receipt of the written notice and is automatically stayed until the Board's disposition of any appeal filed by the manufacturer.
6.Compliance Assurance Program Requirements
A.Overview

It is the manufacturer's responsibility to execute every aspect of this program. The manufacturer shall continue to be responsible for all corrective actions required, and if the Board delegates its inspection duties, the contractual relationship between the manufacturer and the inspection agency may not diminish such responsibility. The manufacturer shall cooperate with the inspection agency by providing the inspection agency with all necessary reports, information, documents, records, facilities, equipment, samples, and other assistance for assuring compliance.

The manufacturer's compliance assurance program must be submitted in the form of documentation which shall contain complete descriptions of all the compliance assurance activities of both the manufacturer and the authorized inspection agency.

B.Compliance Assurance Program Documents

Compliance assurance program documents consist of an approved building system, as described in Subchapter 3, Section 12; a detailed production quality control program, as described in Subchapter 3, Section 13(6)(C); and detailed on-site installation instructions, as described in Subchapter 3, Section 13(6)(D).The documents must be comprehensively indexed.

C.Production Quality Control Program

The production quality control program is a system employed by the manufacturer to assure conformance with the approved building system.

(1)Organizational Requirements
(a) The manufacturer's name, corporate office address, and the address of each manufacturing facility must be indicated in the quality control manual.
(b) The quality control manual must have a table of contents with the inspection agency's dated stamp of approval on the cover sheet and any revised pages.
(c) The manufacturer shall demonstrate an organizational structure for implementing and maintaining the compliance assurance program and the program's functional relationship to other elements of the organizational structure of the manufacturer, which structure must provide for independence from the production department.
(d) The quality control manual must identify the employees in charge of the compliance assurance program and must describe their training and qualifications.
(e) There shall be a uniform system of monitoring and evaluation to ensure program effectiveness.
(f) There shall be a serial numbering system for State-certified modular homes.
(g) There shall be a method of safekeeping, handling, and attaching labels.
(2)Materials Control
(a) There shall be procedures for inspection of materials, supplies, and other items at the point of receipt.
(b) There shall be a method of protection of materials, supplies, and other items at the point of receipt.
(c) Provision must be made for the disposal of rejected materials, supplies, and other items.
(3)Production Control
(a) There must be procedures for timely remedial and preventive measures to assure product quality.
(b) Testing and inspection equipment must be provided, used and maintained to assure compliance with the approved building system.
(c) Provision must be made for frequency of sampling inspections.
(d) Employees in charge of the quality assurance program shall have the necessary authority to reject defective work and carry out compliance assurance functions, notwithstanding any conflict with production department goals and needs.
(e) There must be a description of the manufacturing process showing the inspection and check points for mandatory inspection characteristics.
(f) There must be inspection and test procedures, including accept and reject criteria and mandatory inspection characteristics.
(g) Provision must be made for disposition of rejects.
(4)Finished Product Control
(a) There must be procedures for handling and storing all finished homes at the manufacturing plant or other storage point.
(b) There must be procedures for packing, packaging, shipping operations and related inspections.
D.The On-Site Installation Instructions

The on-site installation instructions consist of specific installation procedures provided by the manufacturer which specify the materials and procedures required to install the home in conformance with applicable codes and standards. Specific installation procedures provided by the manufacturer must include:

(1) Anchoring of manufactured housing to the approved foundation.
(2) Structural connections between the manufactured housing.
(3) Connections required to complete the mechanical and/or utility systems; and
(4) Any special conditions affecting other structural elements.
(5) The manufacturer shall provide a plan to review all installation procedures, if the home is not installed by factory personnel.

02-385 C.M.R. ch. 110, § 3-13