Industrialized Housing and Buildings
Summary of Building Code Council Meeting February 28, 2002
The Texas Industrialized Building Code Council held its thirty-seventh meeting in the conference room on the 4th floor of the E.O. Thompson Building on Thursday, February 28, 2002. Chairman Michael Seibold presided over a quorum of ten members.
Department Update:
Jimmy Martin, Director of Enforcement, gave a brief update on the status of the IHB program. Mark Egleston, IHB Inspector/Investigator, gave a brief update on the status of complaint cases in the IHB program. Jimmy Martin further updated the Council on several attorney general decisions and opinions that could affect the program. One of those decisions concerns an open record's request by some registered industrialized builders for copies of the manufacturer's and builder's monthly summaries of some of their competitors. The Department requested an attorney general's decision on whether this information could be released as it could be considered as revealing companies' sales information and the names and addresses of customers. The attorney general's decision exempted from disclosure some information for some of the listed manufacturers and builders and required complete disclosure of this information for other manufacturers and builders. The Department has filed a lawsuit to challenge this decision. Another AG's opinion, #JC-0457, concerned the effective date for compliance with Chapter 388 of SB 5 outside municipalities. It is the AG's opinion that new construction in an area outside a municipality's jurisdiction must have begun complying with the building energy efficiency performance standards as of September 1, 2001. SB 5 gives municipalities until September 1, 2002 to come into compliance with these standards. AG Opinion #JC-0453 concerns which plumbing provisions prevail for residential construction, the requirements of SB 365, which adopted the 2000 International Residential Code (IRC) as the residential building code in the State of Texas, or the requirements of the Plumbing Licensing Law. It is the AG's opinion that the requirements of the IRC is the uniform plumbing code for residential construction and that cities may adopt either the International Plumbing Code or the Uniform Plumbing Code to govern nonresidential construction.
Old Business:
Changes in IHB program to comply with requirements of SB 5 - Donna Lipke, Manager of the IHB program, reviewed the requirements of SB 5 for the Council. SB 5 requires adoption of the 2000 IECC and the energy efficiency chapter of the 2000 IRC (adopted by IHB program, effective 10/28/01, enforcement date 2/20/02), requires establishment of procedures for administration and enforcement of these codes, and requires establishment of procedures to ensure that code-certified inspectors perform inspections of the energy design of new construction.
TPI Criteria for Approval - The Council approved a change in the criteria for approval of third party inspectors at their meeting of August 23, 2001. The effective date of compliance was not set at this meeting. The Department filed proposed rule changes with the Texas Register on October 8, 2001 to enact this decision. The Council voted to set September 1, 2002 as the effective date for this rule change. Doug Wise, Assistant General Counsel with the Department, advised the Council on what actions could be taken by the Department against third party inspectors who fail to comply with this deadline.
Compliance Control Program - The Council approved a change to Department rule 70.70(c) that requires a manufacturer's compliance control manual to contain an energy compliance checklist that enumerates the energy code-compliance features of the module or modules that is signed by the compliance control inspector or manager. A copy of the checklist shall be shipped with the module or modules. The staff had recommended that the third party inspector also be required to sign off on the checklist on those items he or she inspected. However, the Council instructed the staff to come up with a method of documenting this inspection on the inspection report that is filed with the Department.
Inspections - The Council approved a change to Department rule 70.61(a) requiring that third party inspectors inspect a substantial portion of the energy compliance design at least once every third inspection. The Council also approved changes to the "In Plant Inspection Program," which outlines the procedures followed by third party inspectors in the performance of in plant inspections for Texas. Changes include a new section 3, new paragraph A under section 4 (previously section 3), new subparagraphs (v) and (vi) under paragraph B, section 4 (previously paragraph A, section 3), and new subparagraphs (vii) and (viii) under paragraph H, section 4 (previously paragraph G, section 3).
Section 3(A) of these procedures outlines the general frequency of inspection requirements for in plant inspections. Section 3(B) requires an increased frequency of inspections for manufacturers who have not constructed for Texas in 6 or more months. Section 3(C) requires an increased frequency of inspections for manufacturers who have not constructed for any state modular program for 3 or more months. And section 3(D) specifies other sections of the procedures where an increased frequency of inspections might be required.
Section 4(A) of these procedures reminds inspectors that these procedures are applicable to all inspections, including reinspections. Section 4(B)(v) requires that the inspector inform the manufacturer that if system testing is required to be witnessed and cannot be accomplished, then an additional inspection must be scheduled on the units currently in production so that testing may be witnessed. Section 4(B)(vi) requires that the inspector inform the manufacturer that if inspection of the energy compliance design is required and cannot be accomplished, then an additional inspection must be scheduled on the units currently in production so that a substantial portion of the energy compliance design may be inspected. Sections 4(H)(vii) and 4(H)(viii) require that decals and insignia be confiscated if system testing is required to be witnessed or the energy compliance design is required to be inspected, but cannot be accomplished.
Permit/Owner Information - The Council approved a change to Department rule 70.75 that would require manufacturers and industrialized builders to provide their customers a copy of the energy compliance checklist (see Compliance Control Program above).
Reciprocity - Current reciprocity agreements do not require inspections by a code certified energy inspector. The Department's general counsel has indicated that we will need to make sure that the requirements of SB 5 are met for in plant inspections performed for TDLR's IHB program. Thus, inspections performed for TDLR pursuant to a reciprocity agreement with another state would have to be performed in accordance with SB 5's requirement that a code-certified energy inspector perform the inspections referenced in the statute. As soon as possible, TDLR's reciprocity agreements must be amended to reflect this requirement. If a state is unwilling to amend its reciprocity contract with us, then we will need to terminate the agreement. Options for amending existing agreements or entering into new agreements include requiring the other state to have code certified energy inspectors perform these inspections or accept the other state's certification of the manufacturing facility and in plant inspection, but also require the manufacturers in the other state to have an independent code certified inspector perform an energy inspection.
Update on pursuit of evaluation report by Sunrise Housing for one-hour floor/ceiling assembly - Joey Dawson with Sunrise Housing updated the Council on the status of the code evaluation report on the one-hour floor/ceiling assembly used in the construction of their modular apartment complexes. At their meeting of February 3, 2000, the Council approved the use of the floor/ceiling assembly as tested by Southwest Research Laboratories. At that time Sunrise indicated that they were also pursuing a code evaluation report on the assembly. Mr. Dawson indicated that he is in the process of addressing the comments from ICBO so that the report may be finalized and released.
New Business:
Request for exemption of cashier/attendant booths in accordance with section 105.2.1 of the 2000 International Building Code from Walter P. Moore and Associates - The Council denied a request that cashier/attendant booths be exempted from the requirements of the IHB program. The Council did not agree that these buildings could be considered accessory use buildings as described in the section of the code referenced. As long as the buildings are of closed construction and placed permanently on a permanent foundation, then they come under the IHB program.
Request for Variance to the Frequency of Inspection Procedures - Chuck Osterday with NTA presented their proposal for a decreased frequency of inspections at Sunrise Housing. Sunrise Housing produces 5 different modules that never change on 2 different production lines, dry modules (no plumbing) on one production line and wet modules on the other production line. Sunrise Housing also utilizes production techniques in the wall and floor/ceiling stations that automate much of the construction in those stations allowing the plant to greatly increase the quantity produced without a decrease in quality or code compliance. The frequency of inspections would be gradually decreased with a minimum frequency of not less than 20% inspection frequency of all modules produced. The 20% inspection frequency could only be achieved if the plant's quality control program were operating properly in accordance with their approved procedures and without repetitive violations. Frequency of inspections would be increased whenever failures of these procedures or at least 3 repetitive violations were noted during an inspection. The Council decided to table the discussion on this until the next meeting and directed the staff to work with the IHB industry to develop a program that would set out the criteria for qualifying for a decreased frequency of inspections as well as policies and procedures for accomplishing a decreased frequency of inspections.
Applicability of Article 545 of the 1999 NEC to the IHB Program - The Council directed staff to request an opinion or interpretation from NFPA on this article of the 1999 NEC.
Proposed Change in Registration Requirements of Industrialized Builders - The Department proposed to the Council that an education requirement be added to the registration requirements for industrialized builders. Possible ways of accomplishing this requirement would be to require attendance at a seminar, completion of classes over the internet, or completion of a paper open book workbook and unmonitored exam. The Council directed staff to explore this further and prepare recommendations for the Council on how best to accomplish this.
Approval of third party inspectors, third party inspection agencies, and design review agencies - The Council granted approval as a third party inspector to Kelly Walker, IHI-133, with PFS Corporation (IHIA-3).
Monitoring of Third Party Inspectors - Mark Egleston updated the Department on the status of the third party inspector monitoring program. He indicated that in many cases the third party inspectors needed to go back to basics, a strict adherence to Department in plant inspection procedures, when evaluating the manufacturer's quality control program. In addition, the third party inspector's schedule quite often does not allow enough inspection time in the plant to adequately evaluate the quality control program.
