Industrialized Housing and Buildings Administrative Rules
You can download the entire Industrialized Housing and Buildings Rules document (135kb) as an Adobe PDF file, suitable for printing. Acrobat Reader is necessary to view.pdf files. If you need to obtain a copy of this program it is available as a free download for Windows or Macintosh operating systems.
View the revision log for the history of changes made to the IHB Administrative Rules.
INDUSTRIALIZED HOUSING AND BUILDINGS
Administrative Rules of the Texas Department of Licensing and Regulation
16 Texas Administrative Code, Chapter 70
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 Commission--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
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 for New Construction.
70.78. Responsibilities of the Registrants--General.
70.80. Commission Fees.
70.81. Late Renewal Fees.
70.90. Sanctions--Administrative Sanctions/Penalties.
70.92. Sanctions for Failure to Comply by Design Review Agencies, Third Party Inspection Agencies, and Third Party Inspectors.
70.100. Mandatory Building Codes.
70.101. Amendments to Mandatory Building 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 TexReg 7925; amended effective August 14, 2002, 27 TexReg 7103; amended effective December 1, 2003, 28 TexReg 10458)
These rules are promulgated under the authority of the Texas Occupations Code, Chapters 1202 and 51.
70.10. Definitions. (Amended effective November 16, 1993, 18 TexReg 7925; amended effective December 6, 1994, 19 TexReg 9295; amended effective December 20, 2000, 25 TexReg 12385; amended effective May 17, 2004, 29 TexReg 4867; amended effective October 3, 2004, 29 TexReg 9182; amended effective May 1, 2005, 30 TexReg 2504; amended effective June 1, 2006, 31 TexReg 4420; amended effective May 1, 2008, 33 TexReg 3409)
(a) The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Alteration--Any construction, other than ordinary repairs of the house or building, to an existing industrialized house or building after affixing of the decal by the manufacturer. Industrialized housing or buildings that have not been maintained shall be considered altered.
(2) Alteration decal--The approved form of certification issued by the department to an industrialized builder to be permanently affixed to a module indicating that alterations to the industrialized building module have been constructed to meet or exceed the code requirements and in compliance with this chapter.
(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) Chapter 1202--Texas Occupations Code, Chapter 1202, Industrialized Housing and Buildings.
(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 mandatory building codes for occupancy and use groups other than residential for one or more families.
(8) 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 Chapter 1202 and this chapter.
(9) Construction Documents--The aggregate of all plans, specifications, calculations, and other documentation required to be submitted to the design review agency for compliance review to the mandatory building code.
(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 structurally independent, 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 this chapter.
(12) Design package--The aggregate of all plans, designs, specifications, and documentation required by these sections to be submitted by the manufacturer 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 §70.74.
(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. Chapter 1202 designates the department as a design review agency.
(14) IAS--International Accreditation Service.
(15) ICC--International Code Council, Inc.
(16) ICC ES--International Code Council Evaluation Services.
(17) 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 or from another industrialized builder for sale or lease to the public; a subcontractor of an industrialized builder is not a builder for purposes of this chapter.
(18) 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.
(19) Installation--On-site construction (see paragraph (29)).
(20) Installation permit--A registration issued by the department to a person who purchases an industrialized house or building for his/her own use and who assumes responsibility for the installation of the industrialized house or building. A person who applies for an installation permit may not be engaged in the purchase of industrialized housing or buildings or of modules or modular components for sale or lease to the public. A subcontractor of an installation permit holder is not an industrialized builder for the purposes of this chapter.
(21) Lease, or offer to lease--A contract or other instrument by which a person grants to another the right to possess and use industrialized housing or buildings for a specified period of time in exchange for payment of a stipulated price.
(22) Local building official--The agency or department of a municipality or other local political subdivision with authority to make inspections and to enforce the laws, ordinances, and regulations applicable to the construction, alteration, or repair of residential and commercial structures.
(23) 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.
(24) 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.
(25) 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.
(26) 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.
(27) NFPA--National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269.
(28) Nonsite specific building--An industrialized house or building for which the permanent site location is unknown at the time of construction.
(29) 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.
(30) 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.
(31) Permanent foundation system--A foundation system for industrialized housing or buildings designed to meet the applicable building code as set forth in §§70.100, 70.101, and 70.102.
(32) Permanent industrialized building--An industrialized building that is not designed to be transported from one commercial site to another commercial site.
(33) Person--An individual, partnership, company, corporation, association, or any other legal entity, however organized.
(34) Price--The quantity of an item that is exchanged or demanded in the sale or lease for another.
(35) Public--The people of the state as a whole to include individuals, companies, corporations, associations or other groups, however organized, and governmental agencies.
(36) 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.
(37) Residential structure--Industrialized housing designed for occupancy and use as a residence by one or more families.
(38) 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.
(39) Site or building site--A lot, the entire tract, subdivision, or parcel of land on which industrialized housing or buildings are sited.
(40) 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 building codes.
(41) Structure--An industrialized house or building that results from the complete assemblage of the modules or modular components designed to be used together to form a completed unit.
(42) 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 judgment 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.
(c) Where terms are not defined in this section or in other sections in this chapter and are defined in the mandatory building codes as referenced in §70.100, such terms shall have the meanings ascribed to them in these codes unless the context as the term is used clearly indicates otherwise. Where terms are not defined in this section or other sections in this title or in the mandatory building codes, such terms shall have ordinarily accepted meanings such as the context implies.
Page 1 of 8 | Next Page
