16 TAC §§70.20, 70.22, 70.23, 70.50, 70.60, 70.61, 70.70, 70.71, 70.75, 70.80
The Texas Department of Licensing and Regulation adopts amendments
to §§70.20, 70.22, 70.23, 70.50, 70.60, 70.61, 70.70, 70.71, 70.75
and 70.80 concerning industrialized housing and buildings. Sections 70.20,
70.50, 70.71 and 70.80 are adopted with changes to the proposed text as published
in the September 19, 1997, issue of the
Texas Register
(22 TexReg 9405). Sections 70.22, 70.23, 70.60, 70.61, 70.70 and 70.75
are adopted without changes and will not be republished.
The amendment in §70.20 broadens the scope of the installation permit
as recommended by the Texas Industrialized Building Code Council. The amendments
to §70.22 and §70.23 will permit the acceptance of the Building
Officials and Code Administrators International, Inc. (BOCA) certifications
as well as the International Conference of Building Officials (ICBO) and
the Southern Building Code Congress International (SBCCI) certifications.
The amendments to §70.50 clarify changes in reporting requirements
due to the addition of the installation permit and the changes in §70.60
clarify that the Industrialized Building Code Council is responsible for
establishing procedures for certification inspections.
The amendments to §70.61(a) clarify that third party inspection agencies
and third party inspectors must conduct Texas IHB inspections in accordance
with the procedures established by the Council. The changes in §70.61(c)
clarify that manufacturers must designate in writing the third party inspection
agency responsible for inspections in their facility.
The amendments in §70.70 eliminate the requirement that plans be submitted
on 8-1/2 inch by 11 inch pages. The changes in §70.71 from what was
proposed is to correct a typographical error and the changes in §70.75
revises permit/owner information requirements to include installation permit
holders.
The changes in §70.80 (f), (g), (i) and (j) will permit travel costs
to be reimbursed directly to contract providers. The amendments to §70.80(h)
and (k) raise fees for decals and insignia, eliminate fees for alteration
inspections, and add a fee for an installation permit.
The Department received a recommendation from the Texas Industrialized
Building Code Council in favor of the proposed amendments with minor changes.
The amendments will function by increasing program integrity.
The amendments are adopted under Texas Revised Civil Statutes
Annotated, article 5221f-1 (Vernon 1989) which provides the Texas Department
of Licensing and Regulation the authority to promulgate and enforce a code
of rules and take action necessary to assure compliance with the intent and
purpose of the Act.
The Article that is affected by the amendment is Texas Revised Civil Statutes
Annotated, article 5221f-1 (Vernon 1989).
§70.20. Registration of Manufacturers and Industrialized Builders.
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 §70.70 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 accompanied by the fee set forth
in §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 §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 day 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 in this chapter or administrative orders of
the department, or violations of the instructions and determinations of the
council in accordance with §70.90 of this title (relating to Sanctions
- Administrative Sanctions/Penalties), and §70.91 of this title (relating
to Revocation or Suspension because of a Criminal Conviction).
§70.50. Manufacturer's and Builder's Monthly Reports.
(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)-(2)
(No change.)
(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)-(7)
(No Change.)
(b)
Each industrialized builder shall submit a monthly report
to the department of all industrialized housing, buildings, modules, and
modular components which 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)
(No change.)
(2)
identification of the type of foundation system in
accordance with the following:
(A)
if the unit was installed within the corporate limits
of a city, the name of the city responsible for the site inspection;
(B)
if the unit was installed outside the corporate limits
of a city and if the builder is not responsible for the installation and
site work, then identification of the installation permit number or builder
registration number obtained from the Department by the person responsible;
(C)
if the unit was installed outside the corporate limits
of a city and if the builder is responsible for the installation and site
work and the unit is installed on a permanent foundation system, identification
of the Texas approved inspector that performed the site inspection; or
(D)
if the unit was installed outside the corporate limits
of a city and if the builder is responsible for the installation and the
site work and the unit is installed on a temporary foundation system, then
the builder shall provide a notarized statement certifying that the unit
was installed on a temporary foundation system in compliance with the engineered
plans and all applicable codes.
(3)-(5)
(No change.)
(c)-(d)
(No change.)
§70.71. Responsibilities of the Registrants - Manufacturer's Data Plate.
(a)
The manufacturer will attach a data plate to each dwelling
unit of a residential structure containing industrialized housing and buildings
modules and to each appropriate unit of a commercial structure containing
industrialized housing and buildings modules. The data plate must be made
of a material that will not deteriorate over time and be permanently placed
so that it cannot be removed without destruction. The data plate will be
placed on or near the electrical distribution panel or in some other easily
accessible location as designated in the approved design package.
(b)
The data plate must contain, as a minimum, the following
information:
(1)
the manufacturer's name, registration number, and address;
(2)
(No change.)
(3)
the State decal numbers;
(4)-(11)
(No change.)
(c)
All modular components shall be marked with, or otherwise
have permanently affixed, a data plate containing the following information:
(1)
the manufacturer's name, registration number, and address;
(2)
the serial or identification number of the component
or components;
(3)
the State insignia number or numbers;
(4)
the name and date of applicable codes;
(5)
the design loads for the component; and
(6)
any special conditions of use for the component.
(d)
The information required in subsection (c) of this section
may be placed in the crate in which the component or components are shipped
or on a tag attached to the crate or to the component if the component is
such that the information may not be marked or permanently affixed to the
component.
(e)
Structures designated by the manufacturer as not being
designed for placement on a permanent foundation shall have a manufacturer's
seal permanently attached inside the door of the electrical panel or near
the entrance door if the unit does not have an electrical panel. The seal
shall not be smaller than 2 by 1 - 1/2 inches and shall be constructed of
a metallic alloy. The seal must contain the following capitalized statement:
THIS STRUCTURE IS NOT DESIGNED FOR PLACEMENT ON A PERMANENT FOUNDATION AND
DOES NOT MEET THE REQUIREMENTS OF TEXAS CIVIL STATUTES, ARTICLE 5221f-1,
INDUSTRIALIZED HOUSING AND BUILDINGS.
§70.80. Commission Fees.
(a)-(e)
(No change.)
(f)
The fee for department personnel for certification inspections
at a manufacturing facility shall be $40 per hour. Travel and per diem costs
shall be reimbursed by the manufacturer in accordance with the current rate
as established in the current Appropriations Act. The department shall present
a billing statement to the manufacturer at the completion of the inspection
that is payable upon receipt.
(g)
When the department acts as a design review agency, the
fee for such services is $40 per hour. The manufacturer for whom the services
are performed shall pay the fee before approval of the designs, plans, specifications,
compliance control documents, and installation manuals and before the release
of the documents to the manufacturer. Travel and per diem costs shall be
reimbursed by the manufacturer in accordance with the current rate as established
in the current Appropriations Act.
(h)
The fees for issuing decals and insignia are:
(1)
modules (decals): $0.07 per square foot of floor area,
with a minimum of $25 for each decal; and
(2)
modular component (insignia): $0.02 per square foot
of surface area with a minimum of $0.60 for each insignia or $0.07 per square
foot of floor area with a minimum of $15 for each insignia.
(i)
The fee for department personnel for special inspections
shall be $40 per hour. A special inspection is any inspection for industrialized
housing and buildings that is not covered by other fees. The Department will
present a billing statement at the conclusion of the inspection that is payable
upon receipt. Travel and per diem costs shall be reimbursed in accordance
with the current rate as established in the current Appropriation Act.
(j)
The fee for department monitoring of design review agencies
and third party inspection agencies outside headquarters shall be $40 per
monitor hour. Travel and per diem costs shall be reimbursed in accordance
with the current rate as established in the current Appropriations Act. The
department will present the agency or manufacturer a statement at the conclusion
of the monitoring trip, and it is payable upon receipt.
(k)
The fee for an installation permit shall be $75 for each
building containing industrialized housing and buildings modules or modular
components. A separate application must be submitted for each building containing
industrialized housing and buildings modules or modular components.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on February
2, 1998.
TRD-9801441
Tommy V. Smith
Executive Director
Texas Department of Licensing and Regulation
Effective date: March 16, 1998
Proposal publication date: September 19, 1997
For further information, please call: (512) 463-7357