Part 4.
TEXAS DEPARTMENT OF LICENSING AND REGULATION
Chapter 70.
INDUSTRIALIZED HOUSING AND BUILDINGS
The Texas Department of Licensing and Regulation ("Department") proposes
amendments to existing rules at 16 Texas Administrative Code, §§70.10,
70.50, 70.70, and 70.73, and the repeal of existing rule §70.91 regarding
the industrialized housing and buildings (IHB) program.
The amendment to §70.10 has been proposed to revise the definition
of "Alteration" to indicate that only ordinary repairs are not considered
alterations. The revision is necessary to correct a discrepancy in the definition
of alteration with the procedures approved by the Texas Industrialized Building
Code Council, which are adopted by reference in §70.74. The procedures
indicate that only ordinary repairs are exempt from the review and inspection
requirements for alterations to industrialized buildings and the definition
has been revised to reflect this.
The amendments to §70.50(b) and (d) have been proposed to clarify
when the clock starts for the retention of records by an industrialized builder,
to require that certain records be retained for 10 years instead of 5, to
require that the industrialized builder make a copy of the foundation plans
available to the department upon request for units installed within the jurisdiction
of a municipality, and to require that installation permit holders retain
certain records and make those records available to the department upon request.
The amendments are necessary to assure that the records necessary to resolve
conflicts between industrialized builders or permit holders and local officials
or to resolve consumer complaints are available to the department.
The amendments to §70.70(a)(4) have been proposed to require that
manufacturers retain a copy of approved documents for a period of 10 years
and make a copy of those documents available to the department upon request,
to clarify when the clock starts for the retention of records by a design
review agency, and to require that the design review agency make a copy of
those records available to the department upon request. The amendments are
necessary to assure that the records necessary to resolve conflicts between
manufactures and local officials and to resolve consumer complaints are available
to the department.
The amendments to §70.73(b) have been proposed to set a time limit
on the completion of the site inspection requirements for the installation
of industrialized housing and buildings, to clarify when the clock starts
for the retention of inspection records by inspectors, to require that inspectors
make a copy of the inspection report available to the department upon request,
and to require that site inspections be recorded on a form and in the format
required by the department. The amendments are necessary to assure timely
completion of the required site inspections, to assure that inspection records
are made available to the department to aid in resolving disputes, and to
assure that information necessary to assure compliance with the site inspection
requirements of the IHB program is recorded.
The amendments to §70.73(e) have been proposed to require that the
industrialized builder retain a copy of the completed inspection report for
10 years, to clarify when the clock starts for the retention of the inspection
report, and to require that a copy of the report be provided to the department
upon request. The amendments are necessary to assure that inspection records
are made available to the department to aid in resolving disputes.
Section 70.91 relates to sanctions, denial, revocation, or suspension of
a license because of a criminal conviction. This section is no longer necessary
because the Department has issued Criminal Conviction Guidelines pursuant
to Texas Occupations Code, §53.025(a) which addresses the factors that
the Department considers when determining whether a criminal conviction renders
an applicant an unsuitable candidate for the license, or whether a conviction
warrants revocation or suspension of a license previously granted.
William H. Kuntz, Jr., Executive Director, has determined that for the
first five-year period the proposed amendments and repeal are in effect there
will be no cost to state or local government as a result of enforcing or administering
the proposed amendments and repeal.
Mr. Kuntz also has determined that for each year of the first five-year
period the amendments and repeal are in effect, the public benefit will be
the rules will be more concise and clear, and assure that the department can
respond quickly to resolve compliance disputes and the public benefit for
the proposed repeal will be less redundancy and a better clarification of
the rules.
There will be no effect on small or micro-businesses as a result of the
proposed amendments and repeal. There may be a very minimal economic cost
to persons who are required to comply with the amendments and repeal in the
form of increased costs for document retention.
Comments on the proposal may be submitted to William H. Kuntz, Jr., Executive
Director, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin,
Texas 78711, or facsimile 512/475-2872, or electronically: whkuntz@license.state.tx.us.
The deadline for comments is 30 days after publication in the
Texas Register
.
16 TAC §§70.10, 70.50, 70.70, 70.73
The amendments are proposed under Texas Occupations Code,
Chapter 51 and Chapter 1202 which authorize the Department to adopt rules
as necessary to implement this chapter and any other law establishing a program
regulated by the Department.
The statutory provisions affected by the proposal are those set forth in
Texas Occupations Code, Chapter 51 and Chapter 1202. No other statutes, articles,
or codes are affected by the proposal.
§70.10.Definitions.
(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
[
(2) - (39)
(No change.)
(b) - (c)
(No change.)
§70.50.Manufacturer's and Builder's Monthly Reports.
(a)
(No change.)
(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
[
(1)
Evidence
[
(2)
The
[
(3)
The
[
(4)
If
[
(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
[
(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.
§70.70.Responsibilities of the Registrants--Manufacturer's Design Package
(a)
Review and approval. The manufacturer's design package
must be reviewed and approved in accordance with the following.
(1) - (3)
(No change.)
(4)
The DRA will signify approval of a drawing, specification,
calculation, or any other document in the manufacturer's design package by
applying the council's stamp to each page. An alternate council stamp as approved
by the council may be used on all designs, plans, specifications, calculations,
and other documentation with the exception of the first or cover page and
the table of contents or index pages of the design package. The original council
stamp with original signature will be required on these pages. The signature
on the original council stamp must be the signature of the manager or chief
executive officer of the DRA. The manager or chief executive officer of the
DRA must be licensed in the State of Texas as a professional engineer or architect
in accordance with the criteria for approval of DRA's established by the council.
The stamp shall not be placed on any designs, plans, or specifications which
do not meet the requirements of the applicable mandatory building codes or
the requirements of these sections. The manufacturer and the DRA
shall
[
(5) - (8)
(No change.)
(b) - (f)
(No change.)
§70.73.Responsibilities of the Registrants--Building Site Inspections.
(a)
(No change.)
(b)
When the building site is outside a municipality, or within
a municipality that has no building department or agency, a third party inspector
will perform the required inspections in accordance with this section and
the inspection procedures established by the Texas Industrialized Building
Code Council. The on-site inspection is normally accomplished in three phases:
foundation inspection, set inspection, and final inspection.
The final
inspection shall be completed within 180 days of the start of construction.
The department may grant an extension upon receipt of a written request that
demonstrates a justifiable cause.
Site inspections are not required
for the installation, on permanent foundations, of unoccupied industrialized
buildings not open to the public with a gross area of less than or equal to
400 square feet, such as communication equipment shelters, that are not also
classified as a hazardous occupancy by the mandatory building code. The builder,
or installation permit holder, is responsible for scheduling each phase of
the inspection with the third party inspector. Additional inspections will
be scheduled as required for larger structures and to correct discrepancies.
The industrialized builder, or installation permit holder, may utilize a different
third party inspector for different projects, but may not change the inspector
for a project once started without the written approval of the department.
The inspector shall provide the builder or permit holder a copy of the site
inspection report
,
[
[
[
[
[
[
[
[
[
[
[
[
(c)
Destructive disassembly shall not be performed at the site
in order to conduct tests or inspections, nor shall there be imposed standards
or test criteria different from those required by the approved installation
instructions, on-site construction documentation, and the applicable mandatory
building code. Nondestructive disassembly may be performed only to the extent
of opening access panels and cover plates.
(d)
If an inspector finds a structure, or any part thereof,
at the building site to be in violation of the approved design package and/or
the unique on-site plans and specifications, the inspector shall immediately
post a deviation notice and notify the industrialized builder or installation
permit holder. The industrialized builder, or installation permit holder,
is responsible for assuring that all deviations are corrected and inspected
prior to occupation of the building.
(e)
The industrialized builder, or installation permit holder,
shall not permit occupancy of a structure until a successful final inspection
has been completed and a certificate of occupancy issued by the local authorities.
For industrialized housing and buildings installed outside the jurisdiction
of a municipality, the
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on June 28, 2004.
TRD-200404266
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: August 8, 2004
For further information, please call: (512) 463-7348
16 TAC §70.91
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Department of Licensing and Regulation or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under Texas Occupations Code,
Chapter 51 and Chapter 1202 which authorizes the Department to adopt rules
as necessary to implement this chapter and any other law establishing a program
regulated by the Department.
The statutory provisions affected by the repeal are those set forth in
Texas Occupations Code, Chapter 51 and Chapter 1202. No other statutes, articles,
or codes are affected by the repeal.
§70.91.Sanctions--Revocation, Suspension, or Denial Because of a Criminal Record.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on June 28, 2004.
TRD-200404267
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: August 8, 2004
For further information, please call: (512) 463-7348
Chapter 111.
GENERAL DISTINGUISHING NUMBERS
repair
] 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.
five
] years from the date of
successful completion of the final
site inspection
[
sale, lease, or installation
] 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
[
builders
] shall report
,
or provide
,
the following information to the Department
for each unit identified in the audit within the timeframe set by the audit
.
[
:
]
evidence
] of compliance
with §70.75
.
[
;
]
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
.
[
;
]
the
] occupancy use of each building
containing modules or modular components, i.e., classroom, restaurant, bank,
equipment shelter, etc
.
[
; and
]
if
] the builder is responsible
for the installation and site work, then the builder:
; or
]
if
] the builder is not responsible
for the installation and site work, or if the builder has transferred the
ownership of 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.
must
] keep copies of the approved documents.
The manufacturer
shall keep a copy of all approved documents for a minimum of ten years from
the date the last unit constructed from the documents is shipped and make
a copy of these documents available to the Department upon request. The DRA
shall keep a copy on file of all approved documents for a minimum of five
years from the date that these documents are superseded by adoption of later
editions of the mandatory building codes and make a copy of these documents
available to the Department upon request.
[
The DRA must keep a
copy on file of all approved documents deleted or superseded from a design
package for a minimum of five years.
] The manufacturer
shall
[
must
] make a copy available to the person performing in-plant inspections.
A DRA will forward one approved copy of the design package, including additions
and revisions, to the department within five days of approval and will return
one approved copy to the manufacturer.
and
] shall keep a copy for a minimum
of five years
from the date of successful completion of the final inspection,
and make a copy of the inspection report available to the department upon
request
. The report
shall be on the form and in the format required
by the department and the Texas Industrialized Building Code Council.
[
may be in whatever format the inspector desires as long as the following information
is included on the inspection report:
]
(1)
dates of all inspections;]
(2)
the name, Texas registration
number or license number, and signature of the inspector who performed the
inspection;]
(3)
the name and Texas industrialized
builder registration number, or the installation permit number, of the person
responsible for the foundation and installation. Installation permit numbers
are assigned by the Department in accordance with §70.20;]
(4)
the name and Texas registration
number of the manufacturer of the modules or modular components inspected;]
(5)
the name and address of the
owner of the building or buildings inspected;]
(6)
the complete site address
of the modules or modular components inspected;]
(7)
the Texas decal or insignia
numbers and manufacturer's identification or serial numbers of the modules
or modular components inspected;]
(8)
the building codes the
modules or modular components were designed to meet in accordance with the
data plate on the building;]
(9)
the occupancy group and the
building construction type of the building in accordance with the data plate
on the building;]
(10)
a record of all system testing
observed; and]
(11)
the date and description
of any deviations to the approved plans, unique site completion documentation,
or mandatory building codes and the corrective action, including the date
of the corrective action, taken by the industrialized builder, or installation
permit holder. If no deviations were observed, then this shall be noted on
the report. The inspector shall notify the department of any deviations that
cannot be corrected or that the builder, or installation permit holder, refuses
to correct.]
The
] industrialized builder, or installation
permit holder, shall keep a copy of the
completed
inspection report
for the site inspection [
in the files
] for a minimum of
ten
[
five
] years
from the date of successful completion
of the final inspection and make a copy of the inspection report available
to the department upon request
.
Part 6.
TEXAS MOTOR VEHICLE BOARD