Frequently Asked Questions

General Questions

1. My home has a chassis – doesn’t this mean it’s a manufactured home?

No, a chassis does not necessarily make the home a manufactured home. As long as the construction of the industrialized house complies with the mandatory building code, the house may be constructed of any materials allowed by the code. Industrialized (modular) housing may be constructed with a steel chassis.

Unlike site built housing, industrialized housing requires a means of transport to move the house to the installation site. In many cases, the house is designed with the means of transport, in this case the chassis or steel frame, as a structural component of the house. A chassis that is designed to remain with the house is required to comply with all the applicable sections of the mandatory building code. However, the house must be installed without the towing hitch, axles, brakes, wheels, and other parts of the chassis that operate only during transportation and are only there to facilitate transportation of the house.

2. What is the difference between an "IHB" or industrialized (modular) home and a "manufactured home?"

The primary differences between an industrialized (modular) home and a manufactured home are as follows.

The codes to which the homes are built. Industrialized housing in the State of Texas is constructed to the same codes as traditional site built housing. Manufactured housing is constructed to Federal HUD code standards. For information on manufactured housing please contact the Texas Department of Housing and Community Affairs at 800-500-7074 (in state only) or (512) 475-2200;
Industrialized housing must be installed on a permanent foundation system;
Titles are not issued by this Department for industrialized homes. Once installed, the house becomes part of the real property. Titles of ownership are provided the same as with site built homes and buildings.
The units that make up an industrialized house will each bear a certification decal (label). A description of these decals may be found in the Industrialized Housing and Buildings Bulletin #97-001. Copies of bulletins may be downloaded from our web site at http://www.license.state.tx.us/ihb/ihbforms.htm#Bulletins. D ecals are purchased from the Department by approved manufacturers for placement on units that were constructed in accordance with the mandatory building codes and the approved design package and that were inspected in accordance with the requirements of the Texas IHB program.
A municipality may not prohibit industrialized housing constructed under the IHB program from being placed inside city limits or restrict these buildings to areas zoned for “manufactured” housing.

3. Can a municipality prohibit buildings constructed under the IHB program from being placed inside their city limits or restrict these buildings to an area zoned for manufactured housing? If not, what authority do the municipalities have over IHB buildings?

No. However, there are areas of authority belonging to municipalities that are specifically and entirely reserved to them. That authority may include local land use and zoning requirements, building setback requirements, side and rear yard requirements, site planning and development and property line requirements, subdivision control, and landscape architectural requirements. Those local requirements and regulations and others not in conflict with the IHB law or other state law relating to transportation, erection, or installation, or use, shall be reasonably and uniformly applied and enforced without distinction as to whether the housing or buildings are manufactured under the IHB program or are constructed on site.

In other words, a municipality must accept buildings that have been constructed under the Texas Industrialized Housing and Buildings program. If an area is zoned single-family residential, then the municipality must accept a single family residential IHB building in that area. If an area is zoned commercial, then the municipality must accept a commercial IHB building in that area. A municipality may enforce all local ordinances and zoning requirements that are not in conflict with the requirements of the IHB law.

A municipality has the authority to:

require and review for compliance with the mandatory state codes a complete set of design plans and specifications bearing the stamp of the Texas Industrialized Building Code Council for each installation within its corporate limits;
require that all applicable local permits and licenses be obtained before any construction begins on a building site;
require that all modules or modular components bear an approved Texas decal or insignia; and
establish procedures for inspection of the erection and installation of any industrialized housing and buildings to be located within its corporate limits to assure compliance with the mandatory state codes. These procedures may require final inspections and tests before occupancy is permitted.

In addition, a municipality may adopt ordinances that require single-family or duplex industrialized housing to meet requirements not required to be met by housing constructed on-site. The ordinance may require the housing to:

have a value equal or greater than the median taxable value for each dwelling located within 500 feet of the proposed installation site;
have exterior siding, roofing, roofing pitch, foundation fascia, and fenestration compatible with the dwellings within 500 feet of the proposed installation site;
comply with municipal aesthetic standards, building setbacks, side and rear yard offsets, subdivision control, architectural landscaping, square footage, and other site requirements applicable to dwellings; or
be securely fixed to a permanent foundation.

A municipality may not require or enforce any amendments to the mandatory state codes for industrialized housing and buildings as a prerequisite for granting construction permits or certificates of occupancy. A municipality must accept industrialized buildings as compliant with the current mandatory building code adopted under the Texas IHB program provided the building has not been altered from the original plans (reference §1202.1535 of the Texas Occupations Code). A building that has not been maintained shall be considered altered. Buildings that are altered may be recertified under the Texas IHB program. Once recertified the buildings must be accepted by municipalities as in compliance with the current mandatory building code adopted under the Texas IHB program.

More information concerning the areas of authority of municipalities may be found on the web site at http://www.license.state.tx.us/ihb/ihbforms.htm#Bulletins.

4. What is the difference between an IHB manufacturer and an industrialized builder?

An IHB manufacturer is 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.

An industrialized builder is a person who is engaged in the assembly, connection, and on-site construction and erection of modules or modular components at the building site. Alternately an industrialized builder is a person 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 does not have to be registered as an industrialized builder.

5. Why do I have to get a site inspection for my building when it is sited outside corporate city limits?

§1202.203(b) of the Texas Occupations Code requires the construction of the foundation system and the erection and installation of industrialized housing modules or modular components to be inspected by third party inspectors approved by the Texas Industrialized Building Code Council. §1202.203(d) requires the construction of the foundation system and the erection or installation of industrialized building modules or modular components to be inspected, if required by Commission rule, by third party inspectors approved by the Texas Industrialized Building Code Council. Department rule 70.73 and the Building Site Inspection Program provides detailed information on when site inspections are required. Please visit the following site to learn more about when site inspections are required and who may perform them: http://www.license.state.tx.us/ihb/bldgsite.htm.

6. Who is responsible for assuring that the site inspections are completed in accordance with the requirements of the Industrialized Housing and Buildings Statute?

That depends on your contract with the industrialized builder (retailer/installer) or manufacturer from whom you purchased the modules or modular components. Generally, if your contract with the builder or manufacturer calls for a turn key operation, i.e., they are responsible for the foundation and installation and erection of the modules or modular components, then the builder or manufacturer is responsible for assuring that the site inspections are completed. If the builder or manufacturer is only transporting or performing a portion of the site work, such as installation of the modules or modular components, and you are subcontracting out other portions of the site work, then you are responsible for assuring that the site inspections are completed. Please visit the following site to learn more about when site inspections are required and who may perform them: http://www.license.state.tx.us/ihb/bldgsite.htm.

7. The local building official said I need an IHB decal for my building. How do I get one?

If the building is already constructed it is too late to obtain IHB decals or insignia for the modules or modular components that comprise the building. If the building has not yet been constructed, then you may contact one of the Texas registered industrialized builders (retailers/installers) or certified (approved) Texas IHB manufacturers to purchase your building. A list of industrialized builders and a list of certified manufacturers is available online in PDF format. Manufacturers that wish to become certified under the Texas IHB program may download an information packet at www.license.state.tx.us/IHB/041IHB.htm.

8. Can industrialized housing be installed on a temporary foundation? What is the difference between a "permanent" foundation and a "temporary" foundation?

Industrialized housing cannot be installed on a temporary foundation system. Generally, a "permanent" foundation is a foundation system with the following characteristics.

The foundation system and all related construction complies with the requirements of the mandatory building codes.
The foundation system is capable of transmitting all design loads imposed by or upon the foundation and the attached building into soil or bedrock without failure.
The structure is attached without the towing hitch, axles, brakes, wheels and other parts of the chassis that only operate during transportation.
Ventilation and decay details are provided in accordance with code requirements.
The use of ground anchors is not approved for permanent foundations.

A temporary foundation typically consists of tie downs and anchors consistent with the foundation systems employed for manufactured housing. The Texas Industrialized Building Code Council (Council) permits the use of temporary foundation systems for industrialized buildings subject to the acceptance of the approving agency. The documents, plans, and specifications for a temporary foundation system must include the following:

a soil investigation report prepared by a qualified engineer, or if the exact site location is unknown, a description of the soil type for which the system is suitable;
structural calculations and related plans prepared by a qualified engineer;
specifications for adequate corrosion protection for the anchors and associated tie-down system; and
the plans and specifications must clearly indicate that the system is designed for the temporary location of the structure.

Design review agencies may approve temporary foundation systems in compliance with the above, but the local authorities have the final say on what foundation system is appropriate for the installation site. The Council does not wish to force acceptance of a temporary foundation system where the building is to be placed in a permanent location, but determined that these systems may be adequate where a building is placed at a temporary location.

9. Section 1202.151 of the Occupations Code, Industrialized Housing and Buildings, adopts the National Electrical Code, the Uniform Building Code group, and the Standard Building Code group as they existed on January 1, 1985, but the construction documents for modular housing and buildings installed within my jurisdiction indicate compliance with the 2002 National Electrical Code (NEC) and the 2003 International Codes (I Codes). Is this legal?

Yes. Section 1202.152 of the Occupations Code, Industrialized Housing and Buildings, grants authority to the Texas Industrialized Building Code Council (Council) to adopt later editions of the codes adopted in section 1202.151. In October 2003 the Council adopted the 2002 NEC and 2003 I Codes with an effective date of July 1, 2004 . The mandatory building codes currently in effect may be found in Department rule 70.100 and 70.101 (rules may be downloaded from our web site at http://www.license.state.tx.us/ihb/ihbrules.htm). Section 70.100(c) provides the effective dates for past code editions adopted by the Council.

10. Where can I obtain a copy of the mandatory building codes adopted under the Texas Industrialized Housing and Buildings program?

The mandatory building codes adopted under the Texas Industrialized Housing and Buildings program are published by the International Code Council (ICC) and can be purchased from the ICC. For more information visit the ICC web site at www.iccsafe.org.

The mandatory building codes currently in effect can be found in Department rule 70.100 and 70.101 (rules may be downloaded from our web site at http://www.license.state.tx.us/ihb/ihbrules.htm).

11. What is the difference between an industrialized builder's registration and an installation permit?

Manufacturers of industrialized housing and buildings cannot release a module or modular component for shipping without the installation permit number of the owner or the registration number of the industrialized builder. An industrialized builder (retailer) who is not responsible for the foundation and installation of the modules or modular components may not release the modules or modular components without the installation permit number of the owner. If you are a retailer, (i.e., purchasing industrialized housing or buildings for sale or lease to the public) then you must be registered as an industrialized builder. If you are purchasing or leasing an industrialized house or building for your own use, or your company's use, you may file for an installation permit in lieu of registering as an industrialized builder.

12. Are all commercial modular buildings regulated under the Texas IHB program?

No. Chapter 1202 of the Occupations Code does not regulate the following commercial industrialized (modular) buildings.

Structures that exceed 3 stories or 49 feet in height as measured form the finished grade elevation at the building entrance to the peak of the roof
A commercial building that is installed in a manner other than on a permanent foundation and that is not open to the public
A commercial building that is installed in a manner other than on a permanent foundation and that is less than 1,500 square feet in total area and used other than as a school or a place of religious worship
Construction site buildings. A construction site building is a commercial structure that is not open to the public and used for any purpose at a commercial site by a person constructing a building, road, bridge, utility, or other infrastructure or improvement to real property

Note: Many exempt commercial modular buildings have been constructed and labeled under the Texas IHB program to assure acceptance by municipalities and because many municipalities want the assurance that the building has been constructed in compliance with the building codes. The policies of a municipality with regards to buildings not labeled under the IHB statute are not covered by the IHB statute or governed by IHB staff; however, b uildings that are labeled under the Texas IHB program must comply with all the requirements of the program.

13. How do I transfer the title to my industrialized house or building?

There are no provisions in Chapter 1202 of the Occupations Code for the Department to issue or transfer titles for industrialized housing and buildings. Unlike manufactured housing, permanently installed industrialized housing or buildings are considered part of the real property and titles of ownership are provided the same as with site built housing and buildings.

Licensing Questions

1. Can I apply for an installation permit for the installation of an industrialized house that will then be sold as real estate with the property on which it is installed?

No. An installation permit can only be obtained for the purchase and installation of an industrialized house if you plan to live in the house after it is installed. The intent of an installation permit was to give some relief from the registration requirements for an industrialized builder to a person who wants to purchase an industrialized house to live in and who is willing to take responsibility for the foundation and installation of the house.

2. Why do I have to give you my social security number when applying for registration?

In order to comply with the laws relating to child support enforcement under Parts A and D of the federal Social Security Act (42 U.S.C. Sections 601-617 and 651-669), Texas Family Code Section 231.302(c)(1) requires Texas State licensing agencies to obtain the social security numbers of all persons requesting a license or registration. Please be assured that the furnishing of social security numbers will be for the limited purpose of complying with the Family Code Section 231.302(c)(1). This information will not be used for any other purpose or made available to any other individual, organization or entity. Under Texas Attorney General Open Records Opinion No. 622 (January 27, 1994) even an open records request will not force us to release such information.

3. Does the Texas IHB program have reciprocity with any other state modular construction program?

No, the Department does not currently have reciprocity with any other state modular construction programs. Please see the IHB web site at http://www.license.state.tx.us/ihb/ihbreciprocity.htm for more information about reciprocity with other states.

4. How does a manufacturer become a certified (approved) industrialized housing and buildings manufacturer for Texas?

A manufacturer's information packet may be downloaded from our website at www.license.state.tx.us/IHB/041IHB.htm . A flow chart showing the steps to becoming a certified IHB manufacturer is available online in PDF format. A checklist of the pre-certification requirements that must be fulfilled prior to the start of a Texas certification inspection may be found at www.license.state.tx.us/IHB/pdf/019ihb.pdf.

5. If I was on active duty in the National Guard, do I have any additional time to complete continuing education and other requirements related to the renewal of my license?

Yes. If you were a member of the state military forces or a reserve component of the armed forces of the United States, such as the National Guard, and you were ordered to active duty on or after September 1, 2004, you have additional time equal to the total number of years or parts of years that the you served on active duty.

When you apply to renew your license you must provide documentation of the date your active duty began and the date it ended.

Enforcement Questions

1. How do I file a complaint against a licensee?

You may file a complaint online from our website or contact the department at 800-803-9202 (Texas only) or 512-463-6599.

Communication Questions

1. How may I receive notification of new and changing information with your department?

You may sign up on the TDLR E-mail Subscriber Notification Lists. These list(s) were established to allow subscribers to receive automated notification of new and changing information. To include yourself in the TDLR e-mail notification list(s), follow the instructions on the page.

Top of Page | IHB Home Page | TDLR Home Page

Industrialized Housing and Buildings Frequently Asked Questions

General Questions

Licensing Questions

Enforcement Questions

Communication Questions

Industrialized Housing and Buildings
Frequently Asked Questions