Table of Contents
70.1. Authority
70.10. Definitions
70.20. Registration of Manufacturers and Industrialized Builders
70.21. Registration of Design Review Agencies and Third Party Inspection
Agencies and Inspectors
70.22. Criteria for Approval of Design Review Agencies
70.23. Criteria for Approval of Third Party Inspection Agencies and
Inspectors
70.30. Exemptions
70.40. Insurance/Bonding/Security Requirements
70.50. Manufacturer's and Builder's Monthly Reports
70.51. Third Party Inspection Reports
70.60. Responsibilities of the Department - Plant Certification
70.61. Responsibilities of the Department - In-plant Inspection
70.62. Responsibilities of the Local Building Official-Building Site
Inspections
70.63. Council's Responsibilities - Compliance Disputes
70.64. Responsibilities of the Department - Proprietary Information
Protected
70.65. Responsibilities of the Commissioner - Reciprocity
70.70. Responsibilities of the Registrants - Manufacturer's
Design Package
70.71. Responsibilities of the Registrants - Manufacturer's
Data Plate
70.72. Responsibilities of the Registrants - Delivery to
other States
70.73. Responsibilities of the Registrants - Building Site
Inspections
70.74. Responsibilities of the Registrants - Alterations or
Deviations
70.75. Responsibilities of the Registrants - Permit/Owner
Information
70.76. Responsibilities of the Registrants - Proprietary
Information Protected<
70.77. Responsibilities of the Registrants - Decals and
Insignia
70.78. Responsibilities of the Registrants - General
70.80. Commission Fees
70.90. Sanctions - Administrative Sanctions/Penalties
70.91. Sanctions - Revocation, Suspension, or Denial Because
of a Criminal Record
70.92. Sanctions for Failure to Comply by Design Review
Agencies, Third Party Inspection Agencies, and Third Party Inspectors
70.100. Mandatory State Codes
70.101. Amendments to Mandatory State Codes
70.102. Use and Construction of Codes
70.103. Alternate Materials and Methods
70.120. Intent
70.1. Authority (Amended
effective November 16, 1993, 18 Tex Reg 7925)
These rules are promulgated under the authority of the Texas
Industrialized Housing and Buildings Act Texas Civil Statutes, Article 5221f-1 and Texas Civil Statutes, Article 9100.
70.10. Definitions. (Amended
effective November 16, 1993, 18 Tex Reg 7925; amended effective December 6, 1994, 19
TexReg 9295)
(a) The following words and terms, when used in this chapter, shall have the following
meanings, unless the context clearly indicates otherwise.
(1) Act - Texas Civil Statutes, Article 5221f-1.
(2) ASHRAE - American Society of Heating, Refrigeration and Air Conditioning
Engineers, 1791 Tullie Circle, N.E., Atlanta, GA 30329.
(3) Building site - A lot, the entire tract, subdivision, or parcel of land on
which industrialized housing or buildings are sited.
(4) Building system - The design and/or method of assembly of modules or modular
components represented in the plans, specifications, and other documentation which may
include structural, electrical, mechanical, plumbing, fire protection, and other systems
affecting health and safety.
(5) CABO - Council of American Building Officials composed of ICBO, SBCCI, and
Building Officials and Code Administrators International, Inc. (BOCA), 5203 Leesburg Pike,
Suite 708, Falls Church, VA 22041.
(6) Closed construction - That condition where any industrialized housing or
building, modular component, or portion thereof is manufactured in such a manner that all
portions cannot be readily inspected at the site without disassembly or destruction
thereof.
(7) Commercial structure - An industrialized building classified by the
applicable model code for occupancy and use groups other than residential for one or more
families.
(8) Commissioner's designee - A person appointed by the commissioner to act in a
capacity of authority.
(9) Compliance control program - The manufacturer's system, documentation, and
methods of assuring that industrialized housing, buildings, and modular components,
including their manufacture, storage, handling, and transportation conform with the Act
and this chapter.
(10) Component - A sub-assembly, subsystem, or combination of elements for use
as a part of a building system or part of a modular component that is not
structurallyindependent, but may be part of structural, plumbing, mechanical, electrical,
fire protection, or other systems affecting life safety.
(11) Decal - The approved form of certification issued by the department to the
manufacturer to be permanently affixed to the module indicating that it has been
constructed to meet or exceed the code requirements and in compliance with these sections.
(12) Design package - The aggregate of all plans, designs, specifications, and
documentation required by these sections to be submitted to the design review agency, or
required by the design review agency for compliance review, including the compliance
control manual and the on-site construction documentation. Unique or site specific
foundation drawings and special on-site construction details prepared for specific
projects are not a part of the design package except as expressly set forth in Section 70.74 of this title (relating to Alterations and
Deviations).
(13) Design review agency - An approved organization, private or public,
determined by the council to be qualified by reason of facilities, personnel, experience,
demonstrated reliability to review designs, plans, specifications, and building systems
documentation, and to certify compliance to these sections evidenced by affixing the
council's stamp. The Act designates the department as a design review agency.
(14) ICBO - International Conference of Building Officials, 5360 Workman Mill
Road, Whittier, California 90601.
(15) Industrialized builder - A person who is engaged in the assembly,
connection, and on-site construction and erection of modules or modular components at the
building site or who is engaged in the purchase of industrialized housing or buildings or
of modules or modular components from a manufacturer for sale or lease to the public; a
subcontractor of an industrialized builder is not a builder for purposes of these
sections.
(16) Insignia - The approved form of certification issued by the department to
the manufacturer to be permanently affixed to the modular component indicating that it has
been constructed to meet or exceed the code requirements and in compliance with the
sections in this chapter.
(17) Installation - On-site construction (see paragraph
(32) of this section).
(18) Lease, or offer to lease - A contract or other instrument by which a person
grants to another the right to possess and use for a specified period of time in exchange
for payment of a stipulated price.
(19) Local building official - The agency or department of a municipality or
other local political subdivision with authority to make inspections and to enforce
thelaws, ordinances, and regulations applicable to the construction, alteration, or repair
of residential and commercial structures.
(20) Manufacturer - A person who constructs or assembles modules or modular
components at a manufacturing facility which are offered for sale or lease, sold or
leased, or otherwise used.
(21) Manufacturing facility - The place other than the building site, at which
machinery, equipment, and other capital goods are assembled and operated for the purpose
of making, fabricating, constructing, forming, or assembly of industrialized housing,
buildings, modules, or modular components.
(22) Model - A specific design of an industrialized house, building, or modular
component which is based on size, room arrangement, method of construction, location,
arrangement, or size of plumbing, mechanical, or electrical equipment and systems therein
in accordance with an approved design package.
(23) Module - A three dimensional section of industrialized housing or
buildings, designed and approved to be transported as a single section independent of
other sections, to a site for on-site construction with or without other modules or
modular components.
(24) NFPA - National Fire Protection Association, Batterymarch Park, Quincy,
Massachusetts 02269.
(25) Nonsite specific building - An industrialized house or building for which
the permanent site location is unknown at the time of construction.
(26) On-site construction - Preparation of the site, foundation construction,
assembly and connection of the modules or modular components, affixing the structure to
the permanent foundation, connecting the structures together, completing all site-related
construction in accordance with designs, plans, specifications, and on-site construction
documentation.
(27) Open construction - That condition where any house, building, or portion
thereof is constructed in such a manner that all parts or processes of manufacture can be
readily inspected at the building site without disassembly, damage to, or destruction
thereof.
(28) Permanent foundation system - A foundation system for industrialized
housing or buildings designed to meet the applicable building code as set forth in Section 70.100 of this title (relating to Mandatory State
Codes) and Section 70.102 of this title (relating to Use
and Construction of Codes).
(29) Person - An individual, partnership, company, corporation, association, or
any other legal entity, however organized.
(30) Price - The quantity of an item that is exchanged or demanded in the sale
or lease for another.
(31) Public - The people of the state as a whole to include individuals,
companies, corporations, associations or other groups, however organized, and governmental
agencies.
(32) Registrant - A person who, or which, is registered
with the department pursuant to the rules of this chapter as a manufacturer, builder,
design review agency, third party inspection agency, or third party inspector.
(33) Residential structure - Industrialized housing designed for occupancy and
use as a residence by one or more families.
(34) Sale, sell, offer to sell, or offer for sale - Includes any contract of
sale or other instrument of transfer of ownership of property, or solicitation to offer to
sell or otherwise transfer ownership of property for an established price.
(35) SBCCI - Southern Building Code Congress International, Inc., 900 Montclair
Road, Birmingham, Alabama 35213.
(36) Site or building site - A lot, the entire tract, subdivision, or parcel of
land on which industrialized housing or buildings are sited.
(37) Special conditions and/or limitations - On-site construction documentation
which alerts the local building official of items, such as handicapped accessibility or
placement of the building on the property, which may need to be verified by the local
building official for conformance to the mandatory state codes.
(38) Structure - An industrialized house or building which results from the
complete assemblage of the modules, modular components, or components designed to be used
together to form a completed unit.
(39) Third party inspector - An approved person or agency, private or public,
determined by the council to be qualified by reason of facilities, personnel, experience,
demonstrated reliability, and independence of judgement to inspect industrialized housing,
buildings, and portions thereof for compliance with the approved plans, documentation,
compliance control program, and applicable code.
(b) Other definitions may be set forth in the text of the sections in this chapter. For
purposes of these sections, the singular means the plural, and the plural means the
singular.
70.20. Registration of Manufacturers and Industrialized
Builders. (Amended effective November 16, 1993, 18
TexReg 7925; amended effective March 16, 1998, 23 TexReg 1305)
Manufacturers and industrialized builders shall not engage in any business activity
relating to the construction or location of industrialized housing or buildings without
being registered with the department.
(1) An application for registration shall be submitted on a form supplied by the
department, and shall contain such information as may be required by the department. The
application must be verified under oath by the owner of a sole proprietorship, the
managing partner of a partnership, or the chief executive or chief operating officer of a
corporation. The application must be accompanied by the fee set forth in Section 70.80 of this title (relating to Commission Fees).
(2) A person who does not purchase industrialized housing or buildings from a
manufacturer for sale or lease to the public may file for an installation permit in lieu
of registering as an industrialized builder. A person who is not registered as an
industrialized builder and who buys or leases industrialized housing or buildings from an
industrialized builder and assumes responsibility for the installation of the unit or
units shall apply for an installation permit. The application shall be submitted on a form
supplied by the department and shall contain such information as may be required by the
Department. A separate application must be submitted for each building containing
industrialized housing and buildings modules or modular components. The application must
be accompainied by the fee set forth in Section 70.80 of this title (relating to
Commission Fees).
(3) The registration shall be valid for 12 months and must be renewed annually. Every
corporate entity must be separately registered. Each separate manufacturing facility must
be registered; a manufacturing facility is separate if it is not on property which is
contiguous to a registered manufacturing facility. An industrialized builder must register
each separate sales office but is not required to register each job location.
(4) A registered manufacturer or industrialized builder shall notify the department in
writing within 10 days if:
(A) the corporate or firm name is changed;
(B) the main address of the registrant is changed;
(C) there is a change in 25% or more of the ownership interest of the company within a
12-month period;
(D) the location of any manufacturing facility is changed;
(E) a new manufacturing facility is established; or
(F) there are changes in principal officers of the firm.
(5) A manufacturer, certified pursuant to Section 70.61 of this
title (relating to Responsibilities of the Department - Plant Certification), whose
registration expires shall have his certification revoked if the registration is not
renewed within 30 days of the expiration date. A manufacturer whose certification has been
revoked must undergo another certification inspection to reinstate the certification.
(6) An application for original registration or renewal may be rejected if any
information contained on, or submitted with, the application is incorrect. The certificate
of registration may be revoked or suspended or a penalty or fine may be imposed for any
violation of the Act, violation of the rules and regulations inthis chapter or
administrative orders of the department, or violations of the instructions and
determinations of the council in accordance with Section
70.90 of this title (relating to Sanctions - Administrative Sanctions/Penalties), and Section 70.91 of this title (relating to Sanctions -
Revocation or Suspension because of a Criminal Conviction).
70.21. Registration of Design Review Agencies and Third Party
Inspection Agencies and Inspectors. (Amended
effective November 16, 1993, 18 Tex Reg 7925)
(a) Pursuant to the criteria established by the council as set forth in Section 70.22 and Section 70.23 of this title
(relating to Criteria for Approval of Design Review Agencies, and Criteria 70.21(a) for
Approval of Third Party Inspection Agencies and Inspectors) the commissioner will
recommend design review agencies, third party inspection agencies, and third party
inspectors to the council for approval. An application for approval shall be submitted in
writing to the commissioner for consideration and recommendation to the council. The
application shall be on the form, and contain such information, as may be required by the
council.
(b) If the application is approved by the council, it shall be filed with the
department as the registration of the applicant as a design review agency, a third party
inspection agency, or a third party inspector to perform specific functions. This
registration shall be a continuous registration so long as the information required by
this section is updated in accordance with subsection (c) of this section and the annual
fee is paid. The department shall issue a certificate of registration which shall state
the specific functions which the registrant is approved to perform. The certificate of
registration shall be valid for a 12 month period on receipt of the application and the
registration fee by the department.
(c) Design review agencies, third party inspection agencies, and third party inspectors
shall notify the department in writing within 10 days if:
(1) the name of the registrant is changed;
(2) the address of the registrant is changed;
(3) a partnership or corporation is created or exists or there is a change in 25% or
more of the ownership of the business entity within a twelve month period;
(4) there are changes in principal officers or key supervisory personnel of the
business entity; or
(5) there are changes in the key technical personnel of the agency or changes in the
certifications of the technical personnel of the agency.
(d) An application for original registration or renewal may be rejected if any
information contained on, or submitted with, the application is incorrect. The certificate
of registration may be revoked or suspended or a penalty or fine may be imposed for any
violation of the Industrialized Housing and Buildings Act
(Act), violation of the rules and regulations in this chapter or administrative orders
of the commissioner, or violations of the instructions and determinations of the council
in accordance with Section 70.90 of this title (relating
to Sanctions - Administrative Sanctions/Penalties), and Section
70.91 of this title (relating to Sanctions - Revocation or Suspension because of a
Criminal Conviction) and Section 70.92 of this title
(relating to Sanctions for Failure to Comply by Design Review Agencies, Third Party
Inspection Agencies, and Third Party Inspectors).
(e) If a third party inspector, third party inspection agency, or design review agency
is not approved, the department shall forward a written explanation to the applicant
setting forth the Council's reasons for the disapproval.
70.22. Criteria for Approval of Design Review Agencies. (Amended effective March 16, 1998, 23 TexReg 1305)
An agency seeking council approval as a design review agency (DRA) shall submit a
written application to the commissioner. The application will indicate the agency's name,
address, and the telephone number of each office in which design review services are to be
performed. The application will include the following information:
(1) an organizational chart indicating the names of managerial and technical personnel
responsible for design review functions within the agency. The chart must indicate the
area or areas of review for which the technical personnel are responsible;
(2) A resume for each person listed in the organizational chart indicating academic and
professional qualifications, experience in related areas, and specific duties within the
agency. The minimum personnel requirements and qualifications shall be as follows.
(A) The manager or chief executive officer shall have a minimum of four years of plans
examination, design, construction, or manufacturing experience in the building industry,
or any combination thereof, and registration as a professional engineer or architect in
the State of Texas (NOTE: The applicant's registration number must be included on the
resume).
(B) Technical staff members may qualify for more than one discipline. Therefore, the
agency need not have an individual staff member for each discipline. Required
certifications need not be from the same code agency for the different disciplines. For
example, a DRA may have a structural reviewer, a mechanical reviewer, and an electrical
reviewer with the required certifications through ICBO while the plumbing reviewer,
building planning reviewer, and fire safety reviewer have the required certifications
through SBCCI. The DRA is not limited to one code group when filling positions in the
different disciplines. The technical staff shall consist of the following positions.
(i) The structural reviewer shall have a bachelor's degree with specialized course work
in structures in civil, structural, orarchitectural engineering or service equivalent in
accordance with subparagraph (C) of this paragraph; a minimum
of one year structural engineering experience related to buildings; and certification as
either a building plan examiner as granted by SBCCI, as a plans examiner as granted by
ICBO, or as a building plans examiner as granted by BOCA. Any certification expiration
dates must also be submitted.
(ii) The mechanical reviewer shall have a bachelor's degree in engineering with
specialized course work in HVAC Systems or service equivalent in accordance with
subparagraph (C) of this paragraph; a minimum of one year mechanical engineering
experience related to buildings; and certification as a mechanical inspector as granted by
either SBCCI, ICBO, or BOCA. Any certification expiration dates must also be submitted.
(iii) The electrical reviewer shall have a bachelor's degree in engineering with
specialized course work in electrical engineering or service equivalent in accordance with
subparagraph (C) of this paragraph; a minimum of one year electrical engineering
experience related to buildings; and certification as either a commercial electrical
inspector as granted by SBCCI or as an electrical inspector as granted by either ICBO or
BOCA. Any certification expiration dates must also be submitted.
(iv) The plumbing reviewer shall have a bachelor's degree in engineering with
specialized course work in hydraulics or service equivalent in accordance with
subparagraph (C) of this paragraph; a minimum of one year plumbing experience related to
buildings; and certification as a plumbing inspector as granted by either SBCCI, ICBO, or
BOCA. Any certification expiration dates must also be submitted.
(v) The building planning reviewer shall have a bachelor's degree in engineering or
architecture or service equivalent in accordance with subparagraph (C) of this paragraph;
a minimum of one year experience related to building planning; and certification as either
a building plan examiner as granted by SBCCI, as a plans examiner as granted by ICBO, or
as a building plans examiner as granted by BOCA. Any certification expiration dates must
also be submitted.
(vi) The fire safety reviewer shall have a bachelor's degree in engineering or
architecture or service equivalent in accordance with subparagraph (C) of this paragraph;
a minimum of one year experience in fire protection engineering related to buildings; and
certification either as a building plan examiner as granted by SBCCI, as a plans examiner
as granted by ICBO, or as a building plans examiner as granted by BOCA. Any certification
expiration dates must also be submitted.
(C) A minimum of eight years of creditable experience in
engineering or architectural practice indicative of growth in engineering or architectural
competency and responsibility is an acceptable service equivalent for academic
requirements. This experience may be counted concurrently for those wishing to show
service equivalency in more than one field. To be considered creditable, experience must
satisfy the requirements outlined in the Texas State Board of Registration for
Professional Engineers Board Rules of Practice and Procedure or the Texas Board of
Architectural Examiner Rules and Regulations of the Board Regulating the Practice of
Architecture.
(D) In lieu of a registration number issued by the Texas State Board of Registration
for Professional Engineers, an applicant currently registered in some other state and
applying for registration in Texas under the provisions of the Texas Engineering Practice
Act, Sections 20(a) and 20(b), may satisfy the requirement by providing a copy of an
application for registration and a letter from the Board acknowledging receipt and
authorizing interim practice;
(3) complete documentation, including examples of data sheets or other forms used to
analyze construction and equipment; preliminary and final reports; and an agency
compliance assurance manual to substantiate the agency's ability to evaluate building
systems and compliance control manuals for compliance with standards. Evidence must be
presented in the areas of structural, mechanical, electrical, plumbing, building planning,
and fire safety. The documentation should include an example of a building system or
compliance control manual which the agency has evaluated for compliance with a code or set
of standards;
(4) a properly notarized statement of certification signed by the agency manager or
chief executive officer that:
(A) its board of directors, as a body, and its managerial and technical personnel, as
individuals, are free to exercise independence of judgment in the performance of their
duties within the agency;
(B) its activities pursuant to the discharge of responsibility as a design review
agency will not result in financial benefit to the agency via stock ownership or other
financial interest in any producer, supplier, or vendor of products involved, other than
through standard fees for services rendered;
(C) the agency will consistently and uniformly implement the policies and
determinations of the council with regard to interpretations of the standards and rules;
(D) the agency will not provide design services or prepare compliance control manuals
for manufacturers for whom it acts as a design review agency;
(E) all information contained in the application for approval as a design review agency
is true, timely, and correct; and
(F) all future changes will be immediately communicated to the department;
(5) A list of states in which the agency is currently approved to provide similar
services.
70.23. Criteria for Approval of Third Party Inspection Agencies
and Inspectors. (Amended effective March 16, 1998,
23 TexReg 1305)
An agency seeking council approval as a third party inspection agency shall submit a
written application to the commissioner. The application will indicate the agency name,
address, and telephone number of each office through which third party inspections will be
coordinated. The application will include the following information:
(1) an organizational chart showing the names of managerial and technical personnel
responsible for in-plant and on-site construction inspections;
(2) a resume for each person listed in the organizational chart indicating academic and
professional qualifications, experience in related areas, and specific duties within the
agency. Certification expiration dates must also be submitted. The minimum personnel
requirements and qualifications are as follows:
(A) The manager or chief executive officer shall have a minimum of five years
experience in building code enforcement or compliance control of building systems; a
minimum of one year experience in responsible technical project planning and management;
and registration as a professional engineer or architect in the State of Texas. (NOTE: The
applicant's registration number must be included on the resume).
(B) The supervisor of inspections shall have a high school diploma or equivalent; a
minimum of five years experience as an inspector in manufactured buildings or related
compliance control or equivalent; and certification as:
(i) a combination dwelling inspector as granted by ICBO; or
(ii) a one and two family dwelling inspector as granted by either SBCCI or ICBO, or a
one and two family dwelling combination inspector as granted by BOCA; or
(iii) a building inspector, mechanical inspector, electrical inspector, and plumbing
inspector (the applicant must have certifications in all four areas) as granted by either
SBCCI, ICBO, or BOCA. The certifications in the four areas of inspection are not required
to be from the same certification agency. For example, an applicant may be certified as a
Building Inspector and a Mechanical Inspector by SBCCI andcertified as an Electrical
Inspector and a Plumbing Inspector by ICBO.
(C) The inspector shall have a high school diploma or equivalent; a minimum of one year
experience in building code enforcement, compliance control inspection, or building
experience; and certification as:
(i) a combination dwelling inspector as granted by ICBO; or
(ii) a one and two family dwelling inspector as granted by either SBCCI or ICBO, or as
a one and two family dwelling combination inspector as granted by BOCA; or
(iii) a building inspector, mechanical inspector, electrical inspector, and plumbing
inspector as granted by either SBCCI, ICBO, or BOCA. The certifications in each of the
four areas of inspection are not required to be from the same certification agency.
Additionally, one inspector is not required to have certifications in all four areas of
inspection. However, all four areas of certification must be represented unless the agency
employs inspectors who are certified in accordance with clauses (i) and (ii) of this
subparagraph. For example, the agency may employ one inspector certified as a building
inspector by SBCCI, one certified as a mechanical inspector by ICBO, one certified as an
electrical inspector by ICBO, and one certified as a plumbing inspector by SBCCI. Each
inspector may only inspect in the area for which they are certified, i.e., a mechanical
inspector inspects mechanical, an electrical inspector inspects electrical, etc.
(D) In lieu of a registration number issued by the Texas State Board of Registration
for Professional Engineers, an applicant currently registered in some other state and
applying for registration in Texas under the provisions of the Texas Engineering Practice
Act, Section 20(a) and 20(b), may satisfy the requirement by providing a copy of an
application for registration and a letter from the Board acknowledging receipt and
authorizing interim practice;
(3) complete documentation to substantiate the agency's ability to perform in-plant and
on-site construction inspections and follow-up inspections to determine the compliance of
a building manufacturer with the standards and rules. The application will include a
formal description of the agency's supervision and training program for inspectors,
performance records of manufacturers, examples of inspection reports, agreements or
contracts with manufacturers, and any other pertinent information;
(4) a properly notarized statement of certification signed by the agency manager or
chief executive officer that:
(A) its board of directors, as a body, and its managerial and inspection personnel, as
individuals, are free to exercise independence of judgment in the performance of their
duties within the agency;
(B) its activities pursuant to the discharge of responsibilities as a third party
inspection agency will not result in 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 fees for services rendered;
(C) the agency will consistently and uniformly implement the policies and
determinations of the council with regard to interpretations of the standards and rules;
(D) the agency will not provide design services or prepare compliance control manuals
for manufacturers for whom it acts as a third party inspection agency;
(E) all information contained in the application for approval as a third party
inspection agency is true, timely, and correct; and
(F) all future changes will be immediately communicated to the department;
(5) A list of states in which the agency is currently approved to provide product
certification or validation or third party inspection services and a complete description
of each system and program involved.
70.30. Exemptions.
The scope of the sections in this chapter is limited by the Act; accordingly, they do
not apply to:
(1) mobile homes or HUD-code manufactured homes as defined in Texas Civil Statutes,
Article 5221f;
(2) housing constructed of sectional or panelized systems not utilizing modular
components;
(3) ready-built homes which are constructed so that the entire living area is contained
in a single unit or section at a temporary location for the purpose of selling it and
moving it to another location, provided that modular components are not used in the
construction of the ready-built home;
(4) any residential or commercial structure which is in excess of three stories or 49
feet in height as measured from the finished grade elevation at the entrance of the
structure to the peak of the roof;
(5) temporary structures which are specifically referenced in the mandatory codes;
(6) a structure designated by a manufacturer as not being designed to be placed on a
permanent foundation. Structures so designated by the manufacturer shall have a seal
attached by the manufacturer stating that the structure is not designed for placement on a
permanent foundation. A municipality with the authority to regulate structures may require
a Texas decal on any structure which is placed within its jurisdiction; or
(7) any open construction.
70.40. Insurance/Bonding/Security Requirements.
Reserved
70.50. Manufacturer's and Builder's Monthly Reports. (Amended effective August 1, 1996, 21 Tex Reg 6619; amended
effective March 16, 1998, 23 TexReg 1305; amended effective September 13,
1999, 24 TexReg 7224)
(a) The manufacturer shall submit a monthly report to the department, of all
industrialized housing, buildings, modules, and modular components which were constructed
and to which decals and insignia were applied during the month. The manufacturer shall
keep a copy of the monthly report on file for a minimum of five years. The report must
state the name and address of the industrialized builder to whom the structures, modules,
or modular components were sold, consigned, or shipped. If any such units were produced
and stored, the report must state the storage location. The report shall also contain:
(1) the serial or identification number of the units;
(2) the decal or insignia number assigned to each identified unit;
(3) the registration number of the industrialized builder (as assigned by the
department) to whom the units were sold, consigned, and shipped or the installation permit
number issued by the Department;
(4) the address to which the units were shipped;
(5) an identification of the type of structure for which the units are to be used,
e.g., single family residence, duplex, restaurant, equipment shelter, bank building,
hazardous storage building, etc.;
(6) any other information the department may require; and
(7) an indication of zero units if there was not activity for the reporting month.
(b) Each industrialized builder shall submit a monthly report to the department of all
industrialized housing, buildings, modules, and modular components that were installed
during the month. A copy of the report shall be kept on file by the industrialized builder
for a minimum of five years. The report shall contain:
(1) the specific address of each building site on which the industrialized builder has
performed any on-site construction work during the month;
(2) identification of the type of foundation system, either permanent
or temporary, on which the unit was installed, in accordance with the following:
(A) if the builder is responsible for the installation and site work,
then the builder shall provide a notarized statement certifying that the
unit was installed and inspected in compliance with the engineered
plans, applicable codes, department rules, and site inspection
procedures for industrialized housing and buildings; or
(B) if the builder is not responsible for the installation and site
work, then identification of the installation permit number, issued by
the Department, or builder registration number, assigned by the
Department, of the person responsible.
(3) the decal and insignia numbers and unit identification numbers of all modules or
modular components assembled or installed at a building site during the month;
(4) any other information the department may require on the form or by separate
instruction letter; and
(5) an indication of zero units if there was no activity for the reporting month.
(c) The manufacturer's and industrialized builder's monthly reports must be filed with
the department no later than the 10th day of the following month.
(d) Any change in destination (from that reported on the manufacturer’s or
builder’s monthly report) of a module or modular component prior to installation of
the module or modular component must be reported to the Department by the manufacturer or
builder responsible for the change. The change shall be reported on the
manufacturer’s or builder’s monthly report and shall clearly indicate that this
is a change in destination for a previously reported module or modular component. The
report shall include the serial or identification number of the unit, the decal or
insignia number, the site to which the unit was originally shipped, the new destination
information, and the registration number of the industrialized builder responsible for the
installation if the unit was transferred or sold to another industrialized builder.
70.51. Third Party Inspection Reports. (Amended effective August 1, 1996, 21 Tex Reg 6619)
(a) When performing in-plant inspections at a manufacturing facility or performing
inspections at the building site, the third party inspector must file reports on the forms
and in the format the department may require by written instruction (in accordance with
any requirements set by the council). The TPIA/TPI must keep on file, for a minimum of 5
years, a copy of all inspection reports for inspections performed by the TPIA/TPI.
(b) Original reports must be filed with the department each week or at such other
intervals as the department may require pursuant to council instructions.
70.60. Responsibilities of the Department - Plant Certification.
(Effective November 16, 1993, 18 Tex Reg 7925; Amended
effective August 1, 1996, 21 Tex Reg 6619; amended effective March 16, 1998, 23 TexReg
1305)
(a) Prior to being issued decals or insignia, each manufacturing facility will undergo
a certification inspection. The plant certification will be conducted by a department team
normally consisting of an engineer and one or more department inspectors or, when
designated by the department, third party inspectors. The inspection shall be conducted in
accordance with the procedures established by the Texas Industrialized Building Code
Council. The purpose of the plant certification inspection will be to assure that the
compliance control program in themanufacturing facility is capable of producing structures
in compliance with the approved design package. The team will become familiar with all
aspects of the manufacturer's approved design package. Structures on the production line
will be checked to assure that failures to conform located by the inspection team are
being located by the plant compliance control program and are being corrected by the plant
personnel. The inspection team will work closely with the plant compliance control
personnel to assure that the approved design package and compliance control manuals for
the facility are clearly understood and are being followed. If deemed necessary by the
certification inspection team, a representative of the design review agency must be
present during the inspection. The plant certification inspection will terminate when the
inspection team has fully evaluated all aspects of the manufacturing facility. At least
one module or modular component containing all systems, or a combination of modules or
modular components containing all systems, shall be observed during all phases of
construction. The team must inspect all modules or modular components in the production
line during the certification.
(b) Following completion of the plant certification inspection, the team will issue a
plant certification report. The manufacturer must keep a copy of this report in their
permanent records. The plant certification report will contain:
(1) the name and address of the manufacturer;
(2) the names and titles of personnel performing the certification inspection;
(3) the serial or identification numbers of the modules or modular components
inspected;
(4) a list of nonconformances observed on the modules or modular components inspected
(with appropriate design package references) and corrective action taken in each case;
(5) a list of deviations from the approved compliance control procedures (with section
or manual references) observed during the certification inspection with the corrective
action taken in each case;
(6) the date of certification;
(7) the following statement: "This report concludes that (name of agency), after
evaluating the facility, certifies that (name of factory) of (city) is capable of
producing (industrialized housing and buildings or modular components) in accordance with
the approved building system and compliance control manuals on file in the manufacturing
facility and in compliance with the requirements of the Texas Industrialized Building Code
Council"; and
(8) the signature of the inspection team leader.
(c) If during the certification inspection, the manufacturer is judged not capable of
building structures in compliance with the approved design package and compliance control
manual, the agency will issue a deviation report. The deviation report will detail the
specific areas in which the manufacturer was found to be deficient and will make
recommendations for improvement.
70.61. Responsibilities of the Department - In-plant Inspection.
(Effective November 16, 1993, 18 Tex Reg 7925; amended
effective August 1, 1996, 21 Tex Reg 6619; amended effective March 16, 1998, 23 TexReg
1305)
(a) The TPIA/TPI shall conduct announced and unannounced inspections at the
manufacturing facility at reasonable, but varying, intervals to review any and all aspects
of the manufacturer's production and compliance control program. The TPIA/TPI shall
conduct inspections in accordance with procedures established by the Texas Industrialized
Building Code Council. In order to determine if the compliance control program is working
as set forth in the compliance control manual, inspection of every visible aspect of every
module shall normally be made at least at one point prior to completion of the structural,
plumbing, mechanical, or electrical phase. Inspection of system testing shall be made at
least once every third inspection. It is the manufacturer's responsibility to assure that
the inspections are accomplished as outlined in this subsection. The department will
determine the frequency of modular component inspections.
(b) Inspections at the manufacturing facility shall be increased in frequency as
necessary to assure that the manufacturer is performing in accordance with the approved
compliance control manual.
(c) The commissioner, at his discretion, may require, or may authorize upon written
request by the manufacturer, the use of council approved third party inspectors to perform
in-plant inspections. The manufacturer must designate in writing the third party
inspection agency that will be performing in-plant inspections. A manufacturer may
designate more than one third party inspection agency to perform in-plant inspections.
However, once an agency has begun the in-plant inspection on the modules for a project or
building, the manufacturer may not change inspection agencies for that project or
building. Third party inspection agencies must provide the department a written schedule
of inspections a minimum of seven days prior to the inspection. If the inspection must be
rescheduled for any reason, the TPIA must immediately inform the department of the
schedule change. If an approved third party inspector is utilized, fees may be paid
directly to the third party inspector.
(d) The department shall monitor and evaluate the performance of third party inspectors
and design review agencies and make performance reports and recommendations to the council
as may be necessary.
(e) The manufacturer shall reimburse the department an hourly monitoring fee for
expenses incurred outside headquarters in monitoring the performance of the third party
inspection agency.
(f) The TPI shall furnish the manufacturer a copy of the inspection report upon
completion of the in-plant inspection. The report must be kept in the manufacturer's file
at least five years.
70.62. Responsibilities of the Local Building Official-Building
Site Inspections. (Effective November 16, 1993, 18
Tex Reg 7925)
When the building site is within a municipality which has a building inspection agency
or department, the local building official will inspect all on-site construction and the
attachment of the structure to the permanent foundation to assure completion and
attachment in accordance with the approved design package and any unique foundation system
or on-site details. As a minimum the local building official shall:
(1) perform an overall visual inspection for obvious nonconformity to the applicable
code, require final inspections along with any tests which are required by the approved
installation instructions, on-site construction documentation, and/or the applicable code,
and require the correction of deficiencies identified by the tests or discovered in final
inspections;
(2) notify the commissioner of any damage to a module or modular component resulting
from transportation to, or handling at, the building site which is not corrected by the
industrialized builder; notify the commissioner of any noncompliance to, or deviation
from, the approved building system or applicable code; and report to the commissioner any
violation of these rules and regulations. These notices and reports shall be submitted by
certified mail.
70.63. Council's Responsibilities - Compliance Disputes. (Effective November 16, 1993, 18 Tex Reg 7925)
(a) The council shall resolve any dispute, disagreement, or difference of opinion
between the design review agency (or department when acting as a design review agency) and
a local building official as to whether the approved design package meets or exceeds the
requirements of the mandatory building codes set forth in this chapter. The council's
decision shall be timely made and shall be binding on all parties.
(b) If the local building official thinks the approved design package or unique on-site
construction documentation does not meet the code requirements of this chapter, this
opinion shall be forwarded in writing to the commissioner at the department's Austin
office within seven working days following the filing of an application for a building
permit and prior to issuance of the building permit. This written opinion shall set forth
specifically those code sections for which the noncompliance allegedly exists and the
specific reasons the local building official thinks the design package or unique on-site
construction documentation fails to meet the code requirements. The local building
official shall submit 15 copies of the written opinion. The commissioner will submit the
local building official's opinion and reasons to the council within three working days
following receipt. The council shall determine at the next scheduled meeting, not to
exceed 45 days, whether or not the design package or unique on-site construction
documentation meets the mandatory state code requirements and shall notify the local
building official and the commissioner in writing. If the design package or on-site
construction documentation is determined by the council to meet the code requirements, the
local building official shall issue a building permit. Questions concerning the code
compliance of a design package or on-site construction documentation must be raised prior
to the issuance of a building permit and, once a local building permit is issued, the
local building official shall not stop any on-site construction due to questions about the
approved design package or on-site construction documentation.
(c) If a dispute or difference of opinion arises between the manufacturer and the third
party inspector during an in-plant inspection as to whether the construction meets or
exceeds the approved design package, the dispute or differences shall be resolved by the
commissioner. If the commissioner is unable to resolve the dispute, then he will forward
it to the council for resolution.
(d) If a dispute or difference of opinion arises between the industrialized builder and
a local building official or third party inspector as to whether the on-site construction
meets or exceeds the approved design package or unique on-site construction documentation,
the dispute or difference of opinion shall be resolved by the commissioner. If the
commissioner is unable to resolve the dispute, then he will forward it to the council for
resolution.
70.64. Responsibilities of the Department - Proprietary
Information Protected. (Effective November 16,
1993, 18 Tex Reg 7925)
(a) All designs, plans, specifications, compliance control programs, manuals, on-site
construction instructions and documentation, information relating to alternate methods or
materials, or any other documents submitted by a manufacturer to the council, the
department, or local building official are proprietary information and shall only be used
for purposes of assuring compliance with the provisions of the Industrialized Housing and Buildings Act (the Act) and this
chapter.
(b) The items and information set forth in subsection (a) of this section furnished by
the manufacturer to the council, the department, or local building official, shall not be
copied or distributed to any other person except with the manufacturer's written
permission or under the direction of the Texas Attorney General pursuant to applicable law
relating to public records as set forth in Texas Civil Statutes, Article 6252-17a.
70.65. Responsibilities of the Commissioner - Reciprocity. (Amended effective November 16, 1993, 18 Tex Reg 7925)
(a) If the commissioner finds that the standards prescribed by the statute or rules and
regulations of another state meet the objectives of Texas Civil Statutes, Article 5221f-1
and are satisfactorily enforced by that state or its agents, then the commissioner may
enter a reciprocal agreement with that state to authorize building inspections of
industrialized houses or buildings constructed in that state to be performed by an
inspector of the equivalent regulatory agency of that state. The standards of another
state shall not be deemed to be adequately enforced unless the other state provides for
immediate written notification to the commissioner of suspensions or revocations of
approvals of manufacturers by the other state.
(b) If the commissioner enters a reciprocity agreement with another state, then the
commissioner will accept industrialized housing and buildings which have been inspected by
the reciprocal state and which have the appropriate decal, label, or insignia of the
reciprocal state. Manufacturers in the reciprocal state who construct industrialized
housing and buildings for Texas will be subject to the following:
(1) Manufacturers must be registered in Texas in accordance with Section
70.20 of this title (relating to the Registration of Manufacturers and Industrialized
Builders). The manufacturer must submit evidence that its building system and compliance
control program have been approved by the reciprocal state. The commissioner shall verify
the approval and maintain a list of manufacturers approved under the terms of the
reciprocity agreement.
(2) Industrialized housing, buildings, modules, and modular components will be
constructed in accordance with the codes referenced in Section
70.100 of this title (relating to Mandatory State Codes) and any amendments to those
codes in accordance with Section 70.101 of this title
(relating to Amendments to Mandatory State Codes). The code used will be determined in
accordance with Section 70.102 of this title (relating
to Use and Construction of Codes).
(3) Review and approval of the manufacturer's design package will be in accordance with
Section 70.70 of this title (relating to Responsibilities
of the Registrants -Manufacturer's Design Package), except that the reciprocity agreement
with the reciprocal state will accept the compliance control program approved by the
reciprocal state for that manufacturer. All inspections performed by the reciprocal state
must be in accordance with documents reviewed and approved by a council approved design
review agency or the department when acting as a design review agency.
(4) The manufacturer will assign a Texas decal or insignia to each module or modular
component for Texas in accordance with Section 70.77 of
this title (relating to Responsibilities of the Registrants - Decals and Insignia). The
Texas decal or insignia will be placed in the vicinity of the decal, label, or insignia of
the reciprocal state.
(5) The manufacturer will permanently attach a data plate to each industrialized house
or building in accordance with Section 70.71 of this
title (relating to the Responsibilities of the Registrants - Manufacturer's Data Plate).
(6) The manufacturer will submit a monthly report to the commissioner in accordance
with Section 70.50 of this title (relating to Manufacturer and
Builder Monthly Reports).
(c) If the commissioner determines that the standards for the manufacture and
inspection of industrialized housing and buildings in a reciprocal state, with which the
commissioner has entered a reciprocal agreement, do not meet the objectives of Texas Civil
Statutes, Article 5221f-1 or are not being enforced by the reciprocal state, then the
commissioner shall suspend or revoke the reciprocal agreement. The reciprocal state and
affected manufacturers will receive written notification of the reasons for the suspension
or revocation of the agreement.
(d) Written notification of suspension or revocation of a manufacturer by another state
with which the commissioner has entered a reciprocal agreement will be cause to suspend
orrevoke the approval of that manufacturer to construct industrialized housing and
buildings for Texas.
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