The Board may approve a special program of approval if a manufacturer demonstrates to the satisfaction of the Board that an unreasonable economic hardship prevents the manufacturer from meeting the requirements of the inspection agency approval method set forth in Subchapter 3 or the local option approval method set forth in Subchapter 4,Section20. In no case may a program of unsupervised self-certification be authorized.
The manufacturer shall document the nature and extent of the hardship to the Board.The cost of complying with the inspection agency approval method does not in and of itself constitute hardship.
The manufacturer shall identify the independent contractor hired to perform inspections of the manufacturing process, and shall demonstrate to the satisfaction of the Board that inspections will be performed with reasonable frequency to determine the quality of the raw materials, the grade of the finished product, and the adequacy of the design package and fabrication procedure.As a precondition to Board approval, the independent contractor must evaluate the manufacturer's building system and certify to the Board that the building system meets the requirements of Subchapter 2.
The executive director of the Board may refuse to approve a special program that fails to meet the approval criteriain Subchapter 4, Section 21 (1-3).Such refusal must be in writing, must include the reasons for the refusal and must inform the manufacturer of the time and manner in which an appeal to the Board may be taken pursuant to Subchapter 6.
02-385 C.M.R. ch. 110, § 4-21