Industrialized Housing and Buildings Administrative Rules (continued)

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70.23. Criteria for Approval of Third Party Inspection Agencies and Inspectors. (Amended effective March 16, 1998, 23 TexReg 1305; amended effective December 20, 2000, 25 TexReg 12385; amended effective March 28, 2002, 27 TexReg 2223; amended effective December 1, 2003, 28 TexReg 10458)

An agency seeking council approval as a third party inspection agency shall submit a written application to the executive director. 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. All certifications must be current with ICC. The minimum personnel requirements and qualifications are as follows. An agency seeking council approval as a third party inspection agency shall submit a written application to the executive director. 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:

(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 licensure as a professional engineer or architect in the State of Texas. (note: the applicant's license 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 a residential energy inspector as granted by ICC, as a commercial energy inspector as granted by ICC, and as:

(i) a residential combination inspector as granted by ICC; or

(ii) a commercial combination inspector as granted by ICC; or

(iii) a combination inspector as granted by ICC.

(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 a residential energy inspector as granted by ICC, as a commercial energy inspector as granted by ICC, and as:

(i) a residential combination inspector as granted by ICC; or

(ii) a commercial combination inspector as granted by ICC; or

(iii) a combination inspector as granted by ICC; or

(iv) a commercial building inspector, commercial mechanical inspector, commercial electrical inspector, and/or commercial plumbing inspector as granted by ICC. 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 whose certifications are in accordance with clauses (i), (ii), or (iii) of this subparagraph. Inspectors may only inspect in the area for which they are certified, i.e., a mechanical inspector inspects mechanical, electrical inspects electrical, etc.

(D) In lieu of a license number issued by the Texas Board of Professional Engineers, an applicant currently licensed in some other state and applying for licensure in Texas under the provisions of the Texas Occupations Code, Chapter 1001, Engineering Practice Act may satisfy the requirement by providing a copy of an application for licensure 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. (Amended effective May 17, 2004, 29 TexReg 4867; amended effective June 1, 2006, 31 TexReg 4420)

(a) The scope of this chapter is limited by Chapter 1202; accordingly, it does not apply to:

(1) mobile homes or HUD-code manufactured homes as defined in Texas Occupations code, Chapter 1201;

(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) a commercial building or structure that is:

(A) installed in a manner other than on a permanent foundation; and

(B) either:

(i) is not open to the public; or

(ii) is less than 1,500 square feet in total area and used other than as a school or a place of religious worship;

(6) buildings that are specifically referenced in the mandatory building codes as exempt from permits;

(7) construction site buildings; or

(8) any open construction.

(b) The installation of an industrialized house or a permanent industrialized building that is moved from the first installation site to a new installation site is subject to the permitting and approval requirements of the local authorities.

70.40. Insurance/Bonding/Security Requirements.

Reserved

70.50. Manufacturer's and Builder's Monthly Reports. (Amended effective August 1, 1996, 21 TexReg 6619; amended effective March 16, 1998, 23 TexReg 1305; amended effective September 13, 1999, 24 TexReg 7224; amended effective June 13, 2001, 26 TexReg 4092; amended effective August 14, 2002, 27 TexReg 7103; amended effective May 17, 2004, 29 TexReg 4867; amended effective October 3, 2004, 29 TexReg 9182; amended effective June 1, 2006, 31 TexReg 4420)

(a) The manufacturer shall submit a monthly report to the department, of all industrialized housing, buildings, modules, and modular components that 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. Any corrections to reports previously filed shall clearly indicate the corrections to be made and the month and date of the report that is being corrected. The report shall contain:

(1) the serial or identification number of the units;

(2) the decal or insignia number assigned to each identified unit;

(3) the name and registration number of the industrialized builder (as assigned by the department), or the installation permit number (as assigned by the department) of the person, to whom the units were sold, consigned, and shipped. The requirements contained in §70.20(2) shall apply when an installation permit is reported in lieu of the registration number of an industrialized builder;

(4) the date the decal or insignia was affixed (physically attached or applied) to the unit;

(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 keep records of all industrialized housing, buildings, modules, and modular components that were sold, leased, or installed. These records shall be kept for a minimum of ten years from the date of successful completion of the final site inspection and shall be made available to the department for review upon request. If the builder is not responsible for the installation, then the records shall be maintained for a period of 5 years from the date of sale or lease and shall be made available to the department upon request. An annual audit of units sold, leased, or installed by the builders shall be conducted by the Department. The audit will identify the modules or modular components by the name and Texas registration number of the manufacturer of each unit and the assigned Texas decal or insignia numbers and the corresponding identification, or serial numbers, as assigned by the manufacturer. The builder shall report, or provide, the following information to the Department for each unit identified in the audit within the timeframe set by the audit.

(1) Evidence of compliance with §70.75.

(2) The address where each unit was installed. If the builder is not responsible for the installation, then the address to where each unit was delivered. If the unit has not been installed, then the address where the unit is stored.

(3) The occupancy use of each building containing modules or modular components, i.e., classroom, restaurant, bank, equipment shelter, etc.

(4) If the builder is responsible for the installation and site work, then the builder:

(A) shall, for units installed outside the jurisdiction of a municipality, keep a copy of the foundation plans and keep a copy of the site inspection report in accordance with §70.73. A copy of these documents shall be made available to the department upon request; or

(B) shall, if installed within the jurisdiction of a municipality, provide the name of the city responsible for the site inspection. The department may also request a copy of the foundation plans as part of the audit.

(5) If the builder is not responsible for the installation and site work, or if the builder has transferred or sold the unit to another person, then the builder shall provide identification of the installation permit number, assigned by the Department, or builder registration number, assigned by the Department, of the person responsible.

(c) The manufacturer's monthly reports must be filed with the department no later than the 10th day of the following month.

(d) An installation permit holder shall keep a copy of the foundation plans and, for units installed outside the jurisdiction of a municipality, the site inspection report in accordance with §70.73 for a period of ten years from the date of successful completion of the final inspection of the industrialized house or building. A copy of these records shall be provided to the department upon request.

(e) A manufacturer that takes possession of units previously reported as shipped shall report the disposition of those units on the manufacturer’s monthly report in accordance with subsection (a) of this section.

70.51. Third Party Inspection Reports. (Amended effective August 1, 1996, 21 TexReg 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.

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