Part 1.
TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS
Chapter 80.
MANUFACTURED HOUSING
The Manufactured Housing Division of the Texas Department of Housing
and Community Affairs (the "Department") proposes new §§80.57 -
80.59, 80.129, 80.240 in new Subchapter H (Tables and Figures) and 80.260
in new Subchapter I (Forms) and amendments to §§80.10, 80.11, 80.20,
80.53 - 80.56, 80.62, 80.64, 80.66, 80.119 - 80.128, 80.130 - 80.133, 80.135,
80.183, and 80.205 for the following purpose: make the rules more useful,
practical and as understandable as possible; organize rules by related subjects
more logically; eliminate unnecessary or redundant verbiage; and clean up
areas of confusion or conflict.
There is an adoption currently pending for §80.201(e) relating to
the Issuance of Statements of Ownership and Location, so the additional revisions
to this rule cannot be proposed until the pending adoption is effective. Effective
date of adoption is 30 days after the adopted rule is published in the
Because the Department no longer employs an engineer, the drawings in proposed §80.240(b)(9),
(22), and (23) have not been reviewed or approved by a Department engineer.
Section 80.10 is revised to update the rule with the current installation
and construction standards.
Section 80.11 - Deleting unnecessary definitions, ones that are addressed
in other rules or that exist in the State and Federal statutes, proposing
new definitions and revising existing definitions for clarification.
Section 80.20 - Revised for clarification and updating of fees, and relocated
fees for Statements of Ownerships and Location from §80.202 to §80.20(j).
Section 80.53 - Changed title of rule and revised for clarification.
Section 80.54 - Revised to organize in a more logical manner and eliminate
unnecessary or redundant verbiage. The tables and figures are relocated to
new Subchapter H (Tables and Figures).
Figure: 10 TAC §80.54(g) - Moved Site Preparation Notice to §80.260(a)(1).
Figure: 10 TAC §80.54(h)(3) - Moved footer configurations to §80.240(b)(22).
Figure: 10 TAC §80.54(h)(4) - Moved footer capacities table to §80.240(a)(8).
Figure: 10 TAC §80.54(h)(6) - Moved pier design figure to §80.240(b)(23).
Figure: 10 TAC §80.54(h)(6)(B) - Moved pier loads without perimeter
supports table to §80.240(a)(9).
Figure: 10 TAC §80.54(h)(6)(C) - Moved pier loads with perimeter supports
table to §80.240(a)(10) and moved perimeter pier front and side view
figure to §80.240(b)(24).
Figure: 10 TAC §80.54(h)(7) - Moved typical multi-section pier layout
figure to §80.240(b)(25).
Figure: 10 TAC §80.54(h)(8) - Moved typical single section pier layout
figure to §80.240(b)(26).
Figure: 10 TAC §80.54(h)(9)(A) - Moved determining column load and
marriage line elevation figure to §80.240(b)(27).
Figure: 10 TAC §80.54(h)(9)(D) - Moved mating line column loads table
to §80.240(a)(11).
Section 80.55 - Revised to organize in a more logical manner and eliminate
unnecessary or redundant verbiage. The tables and figures are relocated to
new Subchapter H (Tables and Figures).
Figure: 10 TAC §80.55(a) - Moved counties Located in Wind Zone II
figure to §80.240(b)(1).
Figure: 10 TAC §80.55(c)(1) - Moved anchor installation figure to §80.240(b)(2).
Figure: 10 TAC §80.55(c)(2) - Moved placement of stabilizing plates
figure to §80.240(b)(3).
Figure: 10 TAC §80.55(d)(1) - Moved Wind Zone I Installation figure
to §80.240(b)(4).
Figure: 10 TAC §80.55(d)(2) - Moved maximum spacing for diagonal ties
table to §80.240(a)(1).
Figure: 10 TAC §80.55(d)(3) - Moved minimum number of diagonal ties
table to §80.240(a)(2).
Figure: 10 TAC §80.55(e)(1) - Moved maximum spacing for diagonal ties
per side table to §80.240(a)(3).
Figure: 10 TAC §80.55(e)(2)(E) - Moved diagonal strap placement figure
to §80.240(b)(5).
Figure: 10 TAC §80.55(e)(2)(F) - Moved diagonal and vertical ties
figure to §80.240(b)(6).
Figure: 10 TAC §80.55(f)(1) - Moved maximum centerline wall opening
for column uplift brackets table to §80.240(a)(4).
Figure: 10 TAC §80.55(f)(4) - Moved the typical installation details
figure to §80.240(b)(7).
Figure: 10 TAC §80.55(f)(5)(D) - Moved the anchor span figure to §80.240(b)(8).
Figure: 10 TAC §80.55(f)(6)(D) - Moved the longitudinal ties figure
to §80.240(b)(10).
Section 80.56 - Revised for clarification and to relocate the tables and
figures to new Subchapter H (Tables and Figures).
Figure: 10 TAC §80.56(a)(4) - Moved the mating line surfaces figure
to §80.240(b)(11).
Figure: 10 TAC §80.56(b)(5) - Moved the floor connections table to §80.240(a)(5)
and moved the floor connections figure to §80.240(b)(12).
Figure: 10 TAC §80.56(c)(2) - Moved the endwall connections figure
to §80.240(b)(13).
Figure: 10 TAC §80.56(d)(3) - Moved the roof connections table to §80.240(a)(6).
Figure: 10 TAC §80.56(d)(4) - Moved the roof connection figure to §80.240(b)(14).
Figure: 10 TAC §80.56(e)(6) - Moved the exterior roof close up figure
to §80.240(b)(15).
Figure: 10 TAC §80.56(g)(4) - Moved the HVAC crossover figure to §80.240(b)(16).
Figure: 10 TAC §80.56(h)(1) - Moved the multi-section water crossover
connection figure to §80.240(b)(17).
Figure: 10 TAC §80.56(i)(2)(F) - Moved the Drain, Waste and Vent Floor
Piping System figure to §80.240(b)(18).
Figure: 10 TAC §80.56(j)(2) - Moved the chassis bonding figure to §80.240(b)(19).
Figure: 10 TAC §80.56(j)(3) - Moved the electrical crossover figure
to §80.240(b)(20).
Figure: 10 TAC §80.56(j)(6) - Moved the main panel box feeder conductor
sizes table to §80.240(a)(7).
Figure: 10 TAC §80.56(k)(2) - Moved the fuel gas pipe crossover connections
figure to §80.240(b)(21).
New §80.57 - Relocated text previously in §80.54(f) and (g) to
organize and group in a more logical manner and moved the tables and figures
previously included with the text to new Subchapter H (Tables and Figures).
New §80.58 - Relocated text previously in §80.54(h) to organize
and group in a more logical manner and moved the tables and figures previously
included with the text to new Subchapter H (Tables and Figures).
New §80.59 - The new rule identifies exceptions to the generic installation
standards filed with the department by manufacturers in accordance with §80.53(g).
Section 80.62 - The Department now registers stabilizing components and
systems, but no longer approves them. Also, revisions were made for clarification.
Section 80.64 - Revised alteration procedures for clarification and to
remove unnecessary text.
Section 80.66 - Updated rule for clarification.
Section 80.119 - Changed wording instructing installer to certify instead
of warrant the proper installation of the home and to provide the consumer
with a written certification instead of an installation warranty. Also, other
revisions were made for clarification.
Section 80.120 - Added the monthly shipment report rule that was previously
located in repealed §80.203 and revised a rule reference.
Section 80.121 - Added text from repealed §80.200(b) relating to conveyance
of a good and marketable title, 80.181 relating to providing the 162 Notice,
and 80.182 relating to providing the 163 Disclosure. Other text updated for
clarification and relocated disclosure forms associated with §80.181
and §80.182 to new Subchapter I (Forms).
Section 80.122 - Revised rule for clarification.
Section 80.123 - Revised rule for clarification and added a new section
that explains new and renewed licenses will not be valid if all required fees
are not paid.
Section 80.124 - Added new section that allows retailer to deduct fees
from the deposit amount if the consumer owes for upgrades added to a home.
Section 80.125 - Updated rule for clarification and added a section requiring
disclosure of license number of the person advertising.
Section 80.126 - Updated rule for consistency and clarification.
Section 80.127 - Updated rule for clarification and added new sections
to include text from repealed §80.129(g) - (m).
Section 80.128 - Updated reference to "working days" to "business days."
New §80.129 - Replacing repealed rule with new rule that explains
the department offers alternative dispute resolution. Moved relevant text
in the repealed rule to §80.127 and moved the Enforcement Matrix figure
in subsection (g) to §80.240(a)(12).
Section 80.130 - Updated rule for clarification.
Section 80.131 - Updated rule for clarification.
Section 80.132 - Updated rule for clarification.
Section 80.133 - Updated rule by changing "department" from uppercase to
lowercase for consistency.
Section 80.135 - Updated rule for clarification.
Section 80.183 - Updated rule for clarification.
Section 80.205 - Updated rule by keeping the section on Inventory Finance
Liens, deleted the unnecessary sections on Release of Liens and Foreclosure
or Repossession and moved the section on right of survivorship to §80.201.
New §80.240 is in new Subchapter H relating to Tables and Figures.
The tables from various rules are located in subsection (a) and the figures
are located in subsection (b) for easier referencing.
Figure: 10 TAC §80.240(a)(1) - Maximum Spacing for Diagonal Ties.
Figure: 10 TAC §80.240(a)(2) - Minimum Number of Diagonal Ties.
Figure: 10 TAC §80.240(a)(3) - Maximum Spacing for Diagonal Ties per
side of the Assembled Unit.
Figure: 10 TAC §80.240(a)(4) - Bracket Installation - Maximum Centerline
Wall Opening for Column Uplift Brackets.
Figure: 10 TAC §80.240(a)(5) - Floor Connections - Wind Zone I and
II.
Figure: 10 TAC §80.240(a)(6) - Roof Connections - Fastener Type and
Spacing.
Figure: 10 TAC §80.240(a)(7) - Main Panel Box Feeder Conductor Sizes.
Figure: 10 TAC §80.240(a)(8) - Footer Capacities.
Figure: 10 TAC §80.240(a)(9) - Pier Loads without Perimeter Supports.
Figure: 10 TAC §80.240(a)(10) - Pier Loads with Perimeter Supports.
Figure: 10 TAC §80.240(a)(11) - Mating Line Column Loads.
Figure: 10 TAC §80.240(a)(12) - Enforcement Matrix.
Figure: 10 TAC §80.240(b)(1) - Counties Located in Wind Zone II.
Figure: 10 TAC §80.240(b)(2) - Anchor Installation.
Figure: 10 TAC §80.240(b)(3) - Placement of Stabilizing Plates.
Figure: 10 TAC §80.240(b)(4) - Wind Zone I Installation (Single &
Multi-Section).
Figure: 10 TAC §80.240(b)(5) - Diagonal Strap Placement for Piers
Exceeding 36 in. in Height.
Figure: 10 TAC §80.240(b)(6) - Diagonal and Vertical Ties.
Figure: 10 TAC §80.240(b)(7) - Typical Installation Details.
Figure: 10 TAC §80.240(b)(8) - Anchor Span.
Figure: 10 TAC §80.240(b)(9) - Typical Longitudinal Stabilizing Device.
NOTE: Because the Department no longer employs an engineer, this proposed
drawing has not been reviewed or approved by a Department engineer.
Figure: 10 TAC §80.240(b)(10) - Longitudinal Ties.
Figure: 10 TAC §80.240(b)(11) - Mating Line Surfaces.
Figure: 10 TAC §80.240(b)(12) - Floor Connections.
Figure: 10 TAC §80.240(b)(13) - Endwall Connections.
Figure: 10 TAC §80.240(b)(14) - Roof Connection.
Figure: 10 TAC §80.240(b)(15) - Exterior Roof Close Up.
Figure: 10 TAC §80.240(b)(16) - HVAC (Heat/Cooling) Duct Crossover.
Figure: 10 TAC §80.240(b)(17) - Multi-Section Water Crossover Connections.
Figure: 10 TAC §80.240(b)(18) - Drain, Waste and Vent Floor Piping
System.
Figure: 10 TAC §80.240(b)(19) - Chassis Bonding.
Figure: 10 TAC §80.240(b)(20) - Electrical Crossover.
Figure: 10 TAC §80.240(b)(21) - Fuel Gas Pipe Crossover Connections.
Figure: 10 TAC §80.240(b)(22) - Footer Configurations. NOTE: Because
the Department no longer employs an engineer, this proposed drawing has not
been reviewed or approved by a Department engineer.
Figure: 10 TAC §80.240(b)(23) - Pier Design (Single and Multi-Section
Stack). NOTE: Because the Department no longer employs an engineer, this proposed
drawing has not been reviewed or approved by a Department engineer.
Figure: 10 TAC §80.240(b)(24) - Perimeter Pier Front & Side View.
Figure: 10 TAC §80.240(b)(25) - Typical Multi-Section Pier Layout.
Figure: 10 TAC §80.240(b)(26) - Typical Single Section Pier Layout.
Figure: 10 TAC §80.240(b)(27) - Determining Column Load and Marriage
Line Elevation.
New §80.260 is in new Subchapter I relating to Forms. The required
forms from various rules are located subsection (a) and the optional forms
are located in subsection (b) for easier referencing.
Figure: 10 TAC §80.260(a)(1) - Site Preparation Notice.
Figure: 10 TAC §80.260(a)(2) - Consumer Disclosure Statement.
Figure: 10 TAC §80.260(a)(3) - 163 Disclosure - Choosing a Loan to
Buy a Manufactured Home.
Figure: 10 TAC §80.260(a)(4) - Notice of Installation (Form T).
Figure: 10 TAC §80.260(a)(5) - Estimate for Reassigned Warranty Work.
Figure: 10 TAC §80.260(a)(6) - Application for Statement of Ownership
and Location.
Figure: 10 TAC §80.260(a)(7) - Release or Foreclosure of Lien (Form
B).
Figure: 10 TAC §80.260(a)(8) - Quick Processing Form.
Figure: 10 TAC §80.260(a)(9) - Form M.
Figure: 10 TAC §80.260(a)(10) - Affidavit of Fact for Right of Survivorship.
Figure: 10 TAC §80.260(b)(1) - Spanish Version of Consumer Disclosure
Statement.
Figure: 10 TAC §80.260(b)(2) - Spanish Version of 163 Disclosure -
Choosing a Loan to Buy a Manufactured Home.
Timothy K. Irvine, Executive Director of the Manufactured Housing Division
of the Texas Department of Housing and Community Affairs, has determined that
for the first five-year period that these new and amended sections as proposed
are in effect there will be no fiscal implications for state or local government
as a result of enforcing or administering these sections.
The following is the anticipated economic costs to persons/businesses that
are required to comply with the proposed rules.
Section 80.20(b)(1) increases the installation reporting fee for multi-section
homes from $75 to $150. There is no increase for single section homes.
Section 80.20(j)(4) increases the fee for correction of an SOL from $25
to $55, which is the original fee before the rule changed to $25 in September
2004.
Except for the above, there are no other proposed new and amended sections
expected to have material economic costs to persons/businesses that are required
to comply with these sections as proposed.
Mr. Irvine also has determined that for each year of the first five years
these new and amended sections as proposed are in effect the public benefit
as a result of enforcing the sections will be: organize rules by related subjects
more logically; eliminate unnecessary or redundant verbiage; clean up areas
of confusion and conflict; make the rules more useful, practical and as understandable
as possible; clarify responsibilities that will increase compliance; and assure
that the rules embrace a balanced overall approach that enhances compliance
for the benefit of both the industry and consumers while accommodating the
needs of related industries.
Comments may be submitted to Mr. Timothy K. Irvine, Executive Director
of the Manufactured Housing Division, of the Texas Department of Housing and
Community Affairs, P. O. Box 12489, Austin, Texas 78711-2489 or by e-mail
at the following address tim.irvine@tdhca.state.tx.us. The deadline for comments
is 30 days after publication in the
Texas Register
.
Subchapter A. CODES AND STANDARDS
10 TAC §80.10
The amended section is proposed under the Texas Manufactured
Housing Standards Act, Occupations Code, Subtitle C, Chapter 1201, §1201.052,
which provides the Department with authority to amend, add, and repeal rules
governing the Manufactured Housing Division of the Department and under Texas
Government Code, Chapter 2306, §2306.603, which authorizes the director
to adopt rules as necessary to administer and enforce the manufactured housing
program through the Manufactured Housing Division.
No other statute, code, or article is affected by the proposed amendment.
§80.10.Texas Manufactured Housing Standards Code.
The standards and requirements for the installation and construction
of manufactured housing adopted by the director in accordance with §1201.251(a)(1)
of the Texas Manufactured Housing Standards Act (Standards Act) are as follows:
(1)
The construction standards
set out in Title VI of the Housing and Community Development Act of 1974,
as the same may be amended from time to time, or under any official rule,
official interpretation, or adopted standard issued or adopted by the Department
of Housing and Urban Development under such law;
(2)
The installation standards
set forth in this chapter; and
(3)
Applicable standards for installation
components established by
(A)
Chapter 43 of the latest edition of the International
Residential Code;
(B)
The stabilizing component destruction test failure
criteria of the FMHCSS (24 CFR, Part 3280) and the latest edition of the International
Residential Code, Appendix E; and
(C)
The American Wood Preserver's Association and
referenced by the latest edition of the International Residential Code Preservation
for treated (PT) wood components.
(4)
Collectively, the foregoing,
together with the Standards Act and these rules, are referred to as the Texas
Manufactured Housing Standards Code ("the Code").
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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 February 14, 2005.
TRD-200500648
Timothy K. Irvine
Executive Director, Manufactured Housing Division
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: March 27, 2005
For further information, please call: (512) 475-2206
10 TAC §80.11
The amended section is proposed under the Texas Manufactured
Housing Standards Act, Occupations Code, Subtitle C, Chapter 1201, §1201.052,
which provides the Department with authority to amend, add, and repeal rules
governing the Manufactured Housing Division of the Department and under Texas
Government Code, Chapter 2306, §2306.603, which authorizes the director
to adopt rules as necessary to administer and enforce the manufactured housing
program through the Manufactured Housing Division.
No other statute, code, or article is affected by the proposed amendment.
§80.11.Definitions.
Terms used herein that are defined in the Code and the Standards
Act have the meanings ascribed to them therein.
The following words
and terms, when used in this chapter, shall have the following meanings, unless
the context clearly indicates otherwise:
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(1)
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(2)
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(3)
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(4)
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(5)
Business days--Includes every
day on the calendar except Saturday, Sunday, and federal and state holidays.
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(6)
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(7)
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(8)
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(9)
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(10)
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(A)
extends or arranges the extension of credit; or
(B)
is a retailer or broker as defined in the Standards Act
and participates in arranging for the extension of credit.
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(11)
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(12)
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[(18)
Defect--A failure to comply with an
applicable federal manufactured home safety and construction standard that
renders the manufactured home or any part or component thereof not fit for
the ordinary use for which it was intended, but does not result in an unreasonable
risk of injury or death to occupants of the affected manufactured home (FMHCSS §3282.7(j)).]
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(13)
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(14)
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(15)
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(16)
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(17)
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(18)
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(19)
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(20)
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(21)
Inventory Lender--A person
that is involved in extending or arranging for credit in inventory financing
secured by manufactured housing.
(22)
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(23)
Longitudinal ties--designed
to prevent lateral movement along the length of the home.
(24)
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(A)
has been approved by each lienholder for the manufactured
home by placing on file with the department written consent to have the home
treated as real property; or
(B)
is for at least five years if the home is not financed.
(25)
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(26)
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(27)
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(28)
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(29)
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(30)
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(31)
Stabilization system--a combination
of the anchoring and support system.
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(32)
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(33)
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(34)
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(35)
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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 February 14, 2005.
TRD-200500649
Timothy K. Irvine
Executive Director, Manufactured Housing Division
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: March 27, 2005
For further information, please call: (512) 475-2206
10 TAC §80.20
The amended section is proposed under the Texas Manufactured
Housing Standards Act, Occupations Code, Subtitle C, Chapter 1201, §1201.052,
which provides the Department with authority to amend, add, and repeal rules
governing the Manufactured Housing Division of the Department and under Texas
Government Code, Chapter 2306, §2306.603, which authorizes the director
to adopt rules as necessary to administer and enforce the manufactured housing
program through the Manufactured Housing Division.
No other statute, code, or article is affected by the proposed amendment.
§80.20.Fees.
(a)
Annual License Fees and Renewal Fees:
(1)
$425 for each manufacturer's plant license;
(2)
$275 for each retailer's sales license;
(3)
$275 for each rebuilder's license;
(4)
$175 for each broker's license;
(5)
$175 for each installer's license; and
(6)
$100 for each salesperson's license
, which must be
submitted to the department in the form of a cashier’s check or money
order
.
(b)
Installation Fees:
(1)
There is a reporting fee of $75 for the installation of
a single section and $150 for a multi-section
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(2)
The reporting fee must be submitted to the department
with the completed Notice of Installation (Form T) within thirty (30) days
of the original sale or within ten (10) days of a secondary move
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(3)
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(c)
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(d)
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(e)
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(f)
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(g)
Fees for department-provided
Continuing Education: There is a fee of $100 for attending eight hours of
continuing education provided by the department.
(h)
Habitability Inspection:
(1)
There is a fee of $150 for the inspection of a manufactured
home which is to be
designated for residential use
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(2)
There is a fee of $200 for the plan review and inspection
of a salvaged manufactured home which is to be rebuilt
. The purpose of
the inspection is
to determine if the home is habitable
so that
it may be designated for residential use.
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(A)
The fee and required notification
shall be submitted in accordance with §80.66 of this title (relating
to Rebuilding or Repairing a "Salvaged" Manufactured Home).
(B)
The rebuilder shall also be
charged for mileage and per diem incurred by department personnel traveling
to and from the location of the home.
(C)
The inspector shall advise
the rebuilder of the charges incurred, and no Statement of Ownership and Location
shall be issued until all fees have been paid.
(i)
Consumer Complaint Inspection:
(1)
There is a fee of $150 for the initial inspection of a
consumer's home in accordance with a consumer complaint when requested by
a license holder or party other than a consumer. The fee shall accompany a
written request for the inspection.
(2)
There is a fee of $150 for the reinspection of a consumer's
home. The fee shall be paid by the party deemed responsible by the department.
(j)
Fees Relating to Statements of Ownership and Location.
Except as provided herein, all processing fees shall be submitted in the form
of a cashier's check or money order payable to the Texas Department of Housing
and Community Affairs or TDHCA. The fee shall accompany the required documents
forwarded to the Manufactured Housing Division of the department at its principal
office in Austin.
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(1)
A fee of $55 will be required
for the issuance of a Statement of Ownership and Location;
(2)
A fee of $1.50 will be required
for certified copies requested other than one certified copy of a Statement
of Ownership and Location sent to the owner and one that is sent to the lienholder;
(3)
There shall be a fee of $55
for Quick Processing Service in addition to the $55 processing fee for each
application for Statement of Ownership and Location.
(A)
Quick Processing Service shall be defined as
the processing of an Application for Statement of Ownership and Location within
three (3) business days from the day the complete application is received
in the Manufactured Housing Division. The department will refund the Quick
Processing Service fee if the completed application is not processed within
the required time.
(B)
If an applicant desires Quick Processing, the
Quick Processing form provided in §80.260 of this title (relating to
Required and Optional Forms) must be completed and attached to the front of
the application for the application to be deemed complete.
(C)
If the Quick Processing form is missing or incomplete
or if any other necessary documents or fees are deficient, any delays in processing
caused by such will not entitle the payer to a refund of the Quick Processing
fee or any other required processing fee.
(D)
If Quick Processing is requested but the Quick
Processing fee is not paid, the application will receive regular processing.
(E)
All Quick Processing applications must be submitted
by overnight service or delivered in-person.
(F)
If Quick Processing is not completed within
three (3) business days, as required, the Quick Processing fee only will be
refunded.
(G)
All Statement of Ownership and Locations will
be sent via regular mail unless a pre-paid overnight envelope is provided.
(4)
If a correction of a document
is required as a result of a mistake by the department, the issuance of a
new document shall not require a fee. However, if the error was not made by
the department, a request for correction of the error must be made on a completed
Application for Statement of Ownership and Location and submitted to the department
along with the required fee of $55 and any necessary supporting documentation.
(5)
All persons licensed with the
department as a manufacturer, retailer, broker, or installer may submit company
or business firm checks in payment of any fee described herein. All state
or federally chartered banks, savings banks or savings institutions and all
commercial lenders or mortgage bankers who extend credit for the retail purchase
of manufactured homes may also pay any fees with company or business firm
checks at the discretion of the department. All checks shall be made payable
to the Texas Department of Housing and Community Affairs or TDHCA.
(6)
When multiple applications
are submitted, the Form M provided in §80.260 of this title (relating
to Required and Optional Forms) must be completed and attached to the front
of the applications to identify each application and reconcile the fee for
each application with the total amount of the payment.
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 February 14, 2005.
TRD-200500650
Timothy K. Irvine
Executive Director, Manufactured Housing Division
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: March 27, 2005
For further information, please call: (512) 475-2206
10 TAC §§80.53 - 80.59, 80.62, 80.64, 80.66
The new and amended sections are proposed under the Texas
Manufactured Housing Standards Act, Occupations Code, Subtitle C, Chapter
1200, §1201.052, which provides the Department with authority to amend,
add, and repeal rules governing the Manufactured Housing Division of the Department
and under Texas Government Code, Chapter 2306, §2306.603, which authorizes
the director to adopt rules as necessary to administer and enforce the manufactured
housing program through the Manufactured Housing Division.
No other statute, code, or article is affected by the proposed new and
amended rules.
§80.53. Requirements for Manufacturer's Designs and Installation Instructions [
(a)
With each new home, the manufacturer shall provide
printed instructions which at a minimum must:
[
(1)
specify the location, orientation
and required capacity of stabilizing components on which the design is based;
(2)
be filed with the department;
(3)
be approved by the manufacturer's
DAPIA; and
(4)
contain DAPIA approval stamps,
engineer or architect approval stamps, and the installation manual effective
date on each page of the installation instructions or on the cover pages of
bound installation manuals, unless an equivalent method of authentication
is used for electronically filed documents.
(b)
A manufacturer may file an appendix to the state's
generic standards as a part of the manufacturer's DAPIA-approved installation
instructions if the design of one or more of its homes requires a change in
the generic standards to protect the structural integrity of the home. The
appendix shall specify which provision of the generic standards is being changed
and clearly set forth in detail the change that is necessary. Any such appendix
that is filed with the department shall be incorporated under §80.59
of this title (relating to Exception to Generic Installation Standards) as
part of the state's generic standards.
[
(c)
At least thirty (30) calendar days prior to the effective
date of any change, modification, or update to the manufacturer's installation
instructions or any appendix, the manufacturer shall file such change, modification,
or update with the department and mail a copy(s) to all the manufacturer's
retailers.
[
(d)
The manufacturer shall file with the department additional
copies of manufacturer's installation instructions for each model in the number
specified by the department. If no number is specified, one copy of each such
set of instructions will suffice.
[
(e)
The department will default to the generic standards,
if discrepancies exist in the manufacturer's instructions.
[
[
§80.54. Requirements [
(a)
When they are installed, all
[
(1)
the home manufacturer's
DAPIA-approved
installation
instructions;
(2)
the state's generic standards set forth in
§§80.55,
80.56, 80.57, 80.58 and their appendix in §80.59 of this title
[
(3)
the instructions for a stabilization system registered
with the department in accordance with §80.62 of this title (relating
to Registration of Stabilizing Components and Systems); or
[
(4)
the instructions for a special stabilization system
which;
[
(A)
may or may not be a permanent
foundation;
(B)
is for a particular manufactured
home or an identified class of manufactured homes to be installed at a particular
area with similar soil properties according to county soil survey or other
geotechnical reports; and
(C)
is either:
(i)
a pre-existing foundation for which a professional
engineer or architect licensed in Texas has issued written approval for the
installation of a particular home, and the written approval shall be submitted
to the department with the installation report; or
(ii)
installed in accordance with a custom designed
stabilization system drawing that is stamped by a Texas licensed professional
engineer or architect.
(I)
A copy of the stabilization system drawing must
be forwarded to the department along with the installation report.
(II)
If the bottoms of the footings or piers are
embedded more than 24 inches below the finished natural grade or engineered
fill, it must be reported on the Permanent Foundation Report form and sent
to the department at least ten (10) business days prior to the date of construction,
along with the required fee.
[
(b)
When a home is installed on
a stabilization system registered with the department or a special stabilization
system, the installer must follow the home manufacturer's DAPIA-approved installation
instructions for any aspect of the installation that is not covered by the
system's installation instructions or drawings.
(c)
The installer must use stabilizing
components that have the required capacity and install them according to the
anchor or stabilizing component manufacturer's current installation instructions.
All stabilizing components must be resistant to all effects of weathering
including that encountered along the Texas gulf coast. Nonconcrete stabilizing
components and systems for use within 1500 feet of the coastline shall be
specifically certified for this use. Preservation treated (PT) wood components
shall conform to the applicable standards issued by the American Wood Preserver's
Association and referenced by the latest edition of the International Residential
Code.
(d)
[
(1)
The purchaser of a manufactured home, new or used, is responsible
for the proper preparation of the site where the manufactured home will be
installed except as set forth in
§80.57 of this title (relating
to Generic Standards for Moisture and Ground Vapor Controls)
[
(A)
In the case of a manufactured home that is to be installed
in a manufactured home rental community (as defined in Local Government Code §232.007),
the purchaser may not have the ability to control the preparation of the site.
Therefore, the purchaser should confirm with the person who owns, leases,
or manages the rental community that the site has been properly prepared as
required by Property Code, §94.151.
(B)
When a manufactured home is sold already installed it is
not possible for the purchaser to prepare the site. Therefore, it is the responsibility
of the seller, if the seller is a licensed retailer, to ensure that the site
has been properly prepared.
(2)
Whenever a licensed retailer intends to sell a manufactured
home, regardless of where it is located or is to be located, the retailer
is required to give the proposed purchaser the Site Preparation Notice, for
signature by the consumer, in the form set forth in
§80.260(a)(1)
of this title (relating to Required and Optional Forms)
[
(3)
Whenever a licensed installer proposes to move a used manufactured
home, the installer is required to give the proposed purchaser the Site Preparation
Notice, for signature by the consumer, in the form set forth in
§80.260(a)(1)
of this title (relating to Required and Optional Forms)
[
(e)
[
(f)
[
(g)
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
§80.55. Generic Standards for Anchoring Systems.
(a)
General Requirements: For units built on or after September
1, 1997, the installer must verify that the unit is designed for the Wind
Zone in which it is to be installed
and must follow all applicable installation
instructions for that Wind Zone as set forth herein. See figure in §80.240(b)(1)
of this title for counties located in Wind Zone II.
Note: A Wind Zone
I unit, built on or after September 1, 1997, may not be installed in a Wind
Zone II area. However, a Wind Zone II unit may be installed in a Wind Zone
I area.
[
(b)
Material Specifications:
(1)
Strapping shall be Type 1, Finish B, Grade 1 steel strapping,
1.25 inches wide and 0.035 inches in thickness, certified by a licensed professional
engineer or architect as conforming with the American Society for Testing
and Materials (ASTM) Standard Specification D3953 91, Standard Specification
for Strapping, Flat Steel, and Seals. [
(2)
Tie materials shall be capable of resisting an allowable
working load of 3,150 pounds with no more than 2% elongating and shall withstand
a 50% overload (4,725 pounds total). Ties shall have a resistance to weather
deterioration at least equivalent to that provided by coating of zinc on steel
of not less than 0.30 ounces per square foot on each side of the surface coated
(0.0005 inches thick), as determined by ASTM Standards Methods of Test for
Weight of Coating on Zinc-coated (galvanized) Iron or Steel Articles (ASTM
A 90-81). Slit or cut edges of zinc-coated steel strapping are not required
to be zinc coated. Ties shall be designed and installed to prevent self disconnection
when the ties are slack. For example, open end hooks shall have set screws
or other mechanisms to prevent disconnection when there is slack in the strapping.
[
(3)
Anchor spacing ONLY applies
to units with roof pitch of 20 degrees or less. For anything over 20 degrees,
it must be designed by a professional engineer or architect.
(c)
Anchors shall be installed per the
figures in §80.240(b)(2)
and (3) of this title.
[
(1)
in direction of load,
see the Anchor Installation
figure in §80.240(b)(2) of this title.
[
(2)
installed against direction of load (vertical and/or angled),
a stabilizer plate must be installed.
See Placement of Stabilizing Plates
figure in §80.240(b)(3) of this title.
[
(d)
WIND ZONE I Installation:
(1)
See the Wind Zone I Installation figure in §80.240(b)(4)
of this title for the typical
[
[
(2)
[
[
(3)
The table in §80.240(a)(2) of this title describes
the minimum
[
[
(4)
When [
(A)
Since the ultimate anchor pull out in the difficult soil
will be reduced, the maximum spacing for diagonal ties per side is one half
the spacing allowed by
the table in §80.240(a)(1) of this title
[
(B)
The rods of the [
(C)
Each cross drive rock anchor is connected to one diagonal
tie and is not connected to a vertical tie.
(e)
WIND ZONE II Installation:
(1)
In place of the requirements as shown in subsection (d)
of this section, units designed for Wind Zone I and built prior to September
1, 1997, and units designed for Wind Zone II and built prior to July 13, 1994,
require diagonal ties as set forth in
the table in §80.240(a)(3)
of this title
[
[
(2)
Units built to Wind Zone II on or after July 13, 1994.
(A)
Units built to Wind Zone II on or after July 13, 1994,
should have either built-in, or provisions for connecting, vertical ties along
the sidewall(s) of each unit(s). A diagonal tie must be installed at each
vertical tie location (except for designated shearwall tie). Built-in vertical
ties shall be connected to anchors. If there are brackets or other provisions
for connecting vertical ties, vertical ties shall be added at the brackets
or provisions and connected to anchors.
(B)
Only factory installed vertical ties may be closer than
4 feet from each other.
(C)
Where tie locations are clearly marked as a shear wall
strap, a perimeter pier must be installed at that location. [
(D)
Where the vertical tie spacing exceeds 8'-0" on-center
(see also note 6 in
the table in §80.240(a)(3) of this title
[
(E)
Where pier heights exceed 36 inches in height, the diagonal
strap shall be connected to the opposite I-Beam [
[
(F)
Where vertical tie locations are not easily discernable,
the vertical ties may be connected to the main I-Beam rails and the anchor
installed directly below that connection point. The diagonal tie must be connected
to the opposite main I-Beam. In no case shall the distance between those ties
exceed 5'-4" on-center [
[
(3)
Multi-section centerline anchoring requirements (Wind Zone
II only):
(A)
Centerline anchor ties are required for ALL Wind Zone II
installations, regardless of the date the unit was manufactured, when installation
occurs on or after the effective date of these rules.
(B)
Factory installed centerline vertical ties, brackets, buckles
or any other connecting devices must be connected to a ground anchor. No additional
anchors as described in subparagraph (D) of this paragraph are required.
(C)
To avoid obstructions and/or piers and footers, the anchor
may be offset up to 12 inches perpendicular to the centerline.
(D)
Where factory preparations do not exist, install anchors
and angle iron brackets at each side of mating line openings wider than 48
inches per
the table in §80.240(a)(4) of this title
[
(i)
Where equal spans exist opposite each other (i.e., each
section), a double bracket assembly may be used. The maximum opening is per
the table in §80.240(a)(4) of this title
[
(ii)
The angle iron bracket is minimum 11 gauge. The holes
for the lag screws are a maximum of 4 inches apart.
(iii)
Lag screws/bolts are minimum 5/16 x 3 inches, full thread.
(4)
For openings separated by a wall or post 16 inches or less
in width, the opening span is the total of the spans on each side of the wall/post.
(f)
Bracket Installation.
(1)
See the table in §80.240(a)(4) of this title
concerning the maximum centerline
[
[
(2)
Section
80.240(b)(7) of this title
[
(3)
When only one bracket assembly is required, it may be installed
on either side of the column/opening stud(s), but no more than 12 inches from
the column or opening stud(s).
See the Anchor Span figure in §80.240(b)(8)
of this title for examples.
[
(4)
When two bracket assemblies are required, they must be
installed on each side of the column/opening stud(s), but no more than 12
inches from the column/opening stud(s) [
[
(5)
Example: A double section unit with each section being
14 feet wide;
(A)
Span "A" is 18'-0", matching span both sections;
(B)
Span "B" is 14'-8", matching span both sections;
(C)
Span "C" is 6'-8", matching span both sections; and
(D)
Span "D" is 13'-4", one side only.
(See the Anchor
Span figure in §80.240(b)(8) of this title.)
[
(6)
Longitudinal ties:
(A)
Longitudinal ties are required for ALL wind zone installations,
regardless of the date of manufacture, when installation occurs after the
effective date of these rules.
(B)
Longitudinal ties are designed to prevent lateral movement
along the length of the home.
(C)
When conventional anchors and straps are used, install
the required number of ties per
the table in §80.240(a)(1) of this
title
[
(D)
Anchors require stabilizer plates when the anchor shaft
is not in line with strap (plus or minus 10 degrees).
[
§80.56. Generic Standards for Multi-Section Connections [
(a)
Air infiltration and water vapor migration at mating surfaces:
Before positioning additional sections, the mating line surfaces along the
floor, endwall and ceiling, require material or procedures to limit air infiltration
and water vapor migration.
See the Mating Line Surfaces figure in §80.240(b)(11)
of this title.
The following are acceptable materials and/or procedures:
(1)
Expanding Foam: Foam may be used along surfaces that are
accessible after the units have been joined. Where mating line walls line
up between sections, non-porous materials must be installed prior to joining
the units.
(2)
Caulking: Caulking may be used along surfaces that are
accessible after the units have been joined. Where mating line walls line
up between sections, non-porous materials must be installed prior to joining
the units.
(3)
Non-porous gasket installed along the perimeter of all
mating lines.
(4)
Insulation, carpet, carpet pad or other porous materials
are not acceptable.
[
(b)
Floor Connections:
(1)
Gaps between floors up to 1-1/2 inches maximum which do
not extend the full length of the floor may be filled with lumber, plywood
or other suitable shimming materials. Fastener lengths in shimmed areas may
need to be increased to provide minimum 1-1/4 inches penetration into opposite
floor rim joist.
(2)
Gaps less than 1/2 inch width need not be shimmed.
(3)
The floor assemblies of multi-section units must be fastened
together. Fastener options and maximum spacings are listed in
the floor
connections table in §80.240(a)(5) of this title
[
(4)
Any tears or damages to the bottom board due to fastener
installation must be repaired.
(5)
See the floor connections table in §80.240(a)(5)
of this title.
[
[
(c)
Endwall Connections:
(1)
Endwalls must be fastened together at the mating line with
minimum #8x4 inch wood screws or 16d nails at maximum 8 inches on-center or
12 inches on-center maximum for 5/16 lags; toed or driven straight; and
(2)
Fastener length may need to be adjusted for gaps and/or
toeing, to provide minimum 1-1/2 inch penetration into opposite endwall stud.
[
(d)
Roof Connection: (Note: Fasteners must not be used to pull
the sections together.)
(1)
Roof shall be connected with the fasteners and spacings
specified in
the table in §80.240(a)(6) of this title
[
(2)
Gaps between the roof sections (at ridge beam and/or open
beam ledgers) of up to 1-1/2 inches wide maximum which do not extend the full
length of the roof must be filled with lumber and/or plywood shims. Gaps up
to 1/2 inch need not be shimmed. The fastener length used in the shimmed area
may need to be increased to provide a minimum 1-1/4 inch penetration into
the adjacent roof structural member.
(3)
See the roof connections table in §80.240(a)(6)
of this title.
[
[
(4)
See the Roof Connection figure in §80.240(b)(14)
of this title
[
[
(e)
Exterior Roof Close Up
(see the figure in §80.240(b)(15)
of this title)
:
(1)
Ensure that shingles are installed to edge of roof decking
at peak. Follow nailing instructions on the shingle wrapper. Note: Wind Zone
II (high wind) installations require additional fasteners.
(2)
Before installing ridge cap shingles, a minimum 6 inch
wide piece of 30 gauge galvanized flashing must be installed the length of
the roof.
(3)
When flashing is not continuous, lap individual pieces
a minimum of 6 inches.
(4)
Fasten flashing into roof sheathing with minimum 16 gauge
staples with 1 inch crown or roofing nails of sufficient length to penetrate
roof decking. Maximum fastener spacing is 6 inches on-center each roof section.
Place fasteners a minimum of 3/4 inches along edge of flashing.
(5)
Install ridge shingles directly on top of flashing.
(6)
Check remainder of roof for any damaged or lose shingles,
remove any shipping plastic or netting, wind deflectors, etc. Make sure to
seal any fastener holes with roofing cement.
[
(f)
Exterior Endwall Close Up: Cut closure material to the
shape and size required and secure in place, starting from the bottom up,
type-name="italic">i.e.:
[
(g)
HVAC (heat/cooling) Duct Crossover
(see the figure
in §80.240(b)(16) of this title)
:
(1)
Crossover duct must be listed for EXTERIOR use.
(2)
Duct R-value shall be a minimum of R-4.
(3)
The duct must be supported 48 inches on-center (maximum)
and must not be allowed to touch the ground. Either strapping
(minimum
1 inch wide)
, to hang the duct from the floor, or
non-continuous
pads to support it off the ground are acceptable.
(4)
The duct to the collar or plenum connections must be secured
with bands or straps
designed
[
[
(h)
Multi-Section
Water Crossover Connection
(see figure in §80.240(b)(17) of this title
[
(1)
If there is water service to other sections, connect the
water supply crossover lines as shown in the applicable detail.
[
(2)
If the water crossover connection is not within the insulated
floor envelopes, wrap the exposed water lines in insulation and secure with
a good pressure sensitive tape or nonabrasive strap, or enclose the exposed
portion with an insulated box.
(3)
If water piping at the inlet is exposed, a heat tape should
be installed to prevent freezing. A heat tape receptacle has been provided
near the water inlet. When purchasing a heat tape, it must be listed for manufactured
home use, and it must be installed per manufacturer's instructions.
(i)
Drain, Waste and Vent System (DWV):
(1)
Portions of the DWV system which are below the floor may
not have been installed, to prevent damage to the piping during transport.
Typically, the DWV layout is designed to terminate at a single connection
point to connect to the on-site sewer system. For a new home where on-site
DWV connections are not assembled per the manufacturer's instructions, the
DWV system must be assembled in accordance with Part 3280 of the FMHCSS.
See the Drain, Waste and Vent Floor Piping System figure in §80.240(b)(18)
of this title.
(2)
The following guidelines apply:
(A)
All portions of the DWV system shall be installed to provide
a minimum of 1/4 inch slope per foot, in the direction of the flow.
(B)
Changes in direction from vertical to horizontal, and horizontal
to horizontal, shall be made using long sweep elbows and/or tees.
(C)
All drain piping shall be supported at intervals not to
exceed 4 feet on-center. The support may be either blocking or strapping.
When strapping is used, it should be nonabrasive.
(D)
Piping must be assembled with the appropriate cleaners,
primers and solvents (note: both ABS and PVC systems are common, but require
different adhesives). Be sure to follow the instructions of the product used.
(E)
A cleanout must be installed at the upper (most remote)
end of the floor piping system (see diagrams in
the Drain, Waste and
Vent Floor Piping System figure in §80.240(b)(18) of this title
[
[
[
(j)
Electrical Connections: Depending on the model and/or manufacturer
of the home, electrical crossovers may be located in either the front end
and/or rear end of the home. Check along mating line for other labeled access
panels.
(1)
Crossover connections may be one of the following:
(A)
[
(B)
junction boxes inside floor cavity (note: crossover wiring
routed outside the floor cavity must be enclosed in conduit). If the boxes
and/or covers are metal, they must be grounded by the use of the ground wire;
or
(C)
pigtail between receptacles/switches between sections (one
circuit only).
(2)
Chassis Bonding: Each chassis shall be bonded to the adjacent
chassis with a solid or stranded, green insulated or bare, number 8 copper
conductor. The conductor is connected to the steel chassis with a solderless
lug.
See the Chassis Bonding figure in §80.240(b)(19) of this title.
[
(3)
See the Electrical Crossover figure in §80.240(b)(20)
of this title for
typical crossover details
.
[
[
(4)
Shipped loose equipment:
(A)
Electrical equipment such as ceiling fans, chandeliers,
exterior lights, etc., which may have been shipped loose, must be installed
in accordance with the adopted National Electric Code (NEC). Connect all corresponding
color coded or otherwise marked conductors per the applicable sections of
the NEC.
(B)
Bonding strap removal: 240 volt appliances (range, dryer,
etc.) shall have the bonding strap removed between the ground and the neutral
conductors. Cords used to connect those appliances shall be four conductor,
four prong.
(5)
Electrical testing: At the time of installation, the following
tests must be performed:
(A)
All site installed or shipped loose fixtures shall be subjected
to a polarity test to determine that the connections have been properly made.
(B)
All grounding and bonding conductors installed or connected
during the home installation shall be tested for continuity, and
(C)
All electrical lights, equipment, ground fault circuit
interrupters and appliances shall be subjected to an operational test to demonstrate
that all equipment is connected and functioning properly.
(6)
Main panel box feeder connection: The main panel box is
wired with the grounding system separated from the neutral system (4-wire
feeder). The grounding bus in the panel must be connected through a properly
sized green colored insulated conductor to the service entrance equipment
(meter base) located on or adjacent to the home. Refer to the [
[
(k)
Fuel Gas Piping Systems:
(1)
Crossover Connections: All underfloor fuel gas pipe crossover
connections shall be accessible and be made with the connectors supplied by
the home manufacturer, or, if not available, with flexible connectors listed
for exterior use and a listed quick disconnect (Method A), or a shut-off valve
(Method B). When shut-off valve is used, it must be installed on the supply
side of the gas piping system. The crossover connector must have a capacity
rating (BTUH) of at least the total BTUH's of all appliances it serves.
(2)
Testing: The fuel gas piping system shall be subjected
to an air pressure test of no less than 6 ounces and no more than 8 ounces.
While the gas piping system is pressurized with air, the appliance and crossover
connections shall be tested for leakage with soapy water or bubble solution.
This test is required of the person connecting the gas supply to the home,
but may also be performed by the gas utility or supply company.
See the
Fuel Gas Pipe Crossover Connections figure in §80.240(b)(21) of this
title.
[
§80.57.Generic Standards for Moisture and Ground Vapor Controls.
(a)
If the manufactured home is installed according to the
state's generic standards and the space under the home is to be enclosed with
skirting and/or other materials provided by the retailer and/or installer,
an access opening not less than 18 inches in any dimension and not less than
three square feet in area shall be provided by the installer. The access opening
shall be located so that any water supply and sewer drain connections located
under the home are accessible for inspections. If a clothes dryer exhaust
duct, air conditioning condensation drain, or combustion air inlet is present,
the installer must pass it through the skirting to the outside. In addition,
crawl space ventilation must be provided at the rate of minimum 1 square foot
of net free area, for every 150 square feet of floor area. At least six openings
shall be provided, one at each end of the home and two on each side of the
home. The openings shall be screened or otherwise covered to prevent entrance
of rodents (note: screening will reduce net free area). For example, a 16'x76'
single section home has 1216 square feet of floor area. This 1216 square feet
divided by 150 equals 8.1 square feet or 1166 square inches of net free area
crawl space ventilation.
(b)
The retailer and/or installer must notify the purchaser
that moisture and ground vapor control measures are required if the space
under the home is to be enclosed. Water vapor build-up may cause dampness
in the home, damage to siding and bottom board, buckling of walls and floors,
delamination of floor decking and problems with the operation of windows and
doors. The generic ground vapor control measure shall consist of a ground
vapor retarder that is minimum 6 mil polyethylene sheeting or its equivalent,
installed so that the area under the home is covered with sheeting and overlapped
approximately 12 inches at all joints. Any tear larger than 18 inches long
or wide must be taped using a material appropriate for the sheeting used.
The laps should be weighted down to prevent movement. Any small tears and/or
voids around construction (footings, anchor heads, etc.) are acceptable.
(c)
Notice: The Site Preparation Notice form to be given to
the consumer is located in §80.260(a)(1) of this title.
§80.58.Generic Standards for Footers and Piers.
(a)
Proper sizing of footings depends on the load carrying
capacity of both the piers and the soil. To determine the load bearing capacity
of the soil, the installer may use any of the following methods:
(1)
Pocket penetrometer:
(A)
Test a typical area adjacent to or within 10 feet of the
perimeter of the unit;
(B)
Dig down to undisturbed soil. Each hole should be a minimum
of 1 square foot surface area; and
(C)
Using the pocket penetrometer take seven (7) readings,
eliminate the highest and the lowest and average the remaining five (5).
(2)
Soil surveys from the U.S. Department of Agriculture;
(3)
Values from tables of allowable or presumptive bearing
capacities given in local building codes. Such tables are commonly available
from the local authority having jurisdiction; or
(4)
Any other test data from soil analysis reports.
(b)
The footing must be placed on firm, undisturbed soil, or
fill compacted to at least 90% of its maximum relative density. Installation
on loose, noncompacted fill may invalidate the home's limited warranty.
(c)
See the Footer Configurations figure in §80.240(b)(22)
of this title.
(d)
Footer sizing and capacities: The Footer Capacities table
in §80.240(a)(8) of this title represent maximum loads and spacings based
on footer size and soil bearing capacity. Other footers may be used if equal
or greater in bearing area than those footer sizes tabulated.
(e)
Piers and pier spacings: One of the most important parts
of home installation is proper pier installation. Incorrect size, location
or spacing of piers may cause serious structural damage to the home. Spacing
and location of piers shall be in accordance with the tables listed in §80.240(a)(9)
and (10) of this title.
(1)
Spacing shall be as even as practicable along each main
I-Beam. Pier spacing may exceed tabulated values up to 30% so long as the
total pier count remains the same. End piers are to be located within 24 inches
of the end of the main frame.
(2)
Piers shall extend at least 6 inches from the centerline
of the I-Beam or be designed to prevent dislodgment due to horizontal movement
of less than 4 inches.
(3)
Load bearing supports or devices shall be registered with
the department in accordance with §80.62 of this title (relating to Registration
of Stabilizing Components and Systems).
(4)
Sidewall openings greater than 4 feet shall have perimeter
piers located under each side of the opening, i.e. patio doors, recessed porches/entries,
bay windows and porch posts. Perimeter piers for openings are not required
for endwalls.
(f)
Pier design: Piers shall be constructed per the details
in the Pier Design figure in §80.240(b)(23) of this title.
(1)
Shimming (if needed): Shims are commonly used as a means
for leveling the home and filling any voids left between the bottom flange
of the I-Beam and the top of the pier cap. Wedge shaped shims must be installed
from both sides of the I-Beam to provide a level bearing surface. The allowable
height must not exceed 1 inch. Shims shall be a minimum of 3 inches wide and
6 inches long.
(2)
See the table in §80.240(a)(9) of this title for the
pier loads (pounds) at tabulated spacings WITHOUT perimeter supports.
(3)
See the table in §80.240(a)(10) of this title for
pier loads (pounds) at tabulated spacings WITH perimeter supports and the
Perimeter Pier Front and Side View figure in §80.240(b)(24) of this title.
(g)
See the Typical Multi-Section Pier Layout figure in §80.240(b)(25)
of this title.
(h)
See the Typical Single Section Pier Layout figure in §80.240(b)(26)
of this title.
(i)
Multi-section units mating line column supports:
(1)
On multi-section units, openings larger than 4 feet must
have piers installed at each end of the opening. To determine the pier loads,
refer to the table in §80.240(a)(11) of this title. See the Determining
Column Load and Marriage Line Elevation figure in §80.240(b)(27) of this
title.
(2)
Column loads for each section may be combined when the
columns are opposite each other. The footer must be sized for the combined
loading.
(3)
Additional piers are required under marriage walls (see
wall between column #3 and #4 in the Marriage Line Elevation figure in §80.240(b)(27)
of this title. The maximum spacing is the same as the spacing at the main
I-Beams, without perimeter piers, and one half the spacing of the perimeter
piers, with perimeter piers installed.
(4)
See the table in §80.240(a)(11) of this title for
the mating line column loads.
§80.59.Exception to Generic Installation Standards.
When installing a manufactured home in accordance with the generic
standards, installers must follow any applicable details of change set forth
in this section as filed with the department in accordance with §80.53(g)
of this title (relating to Requirements for Manufacturer's Designs and Installation
Instructions).
(1)
The Town & Country Homes' design requires a change
to the standard set forth in §80.55(e)(2)(C) of this title (relating
to Generic Standards for Anchoring Systems). All Town & Country Homes
designed for 30#, 40#, and 60# roof loads or built with 2x6 exterior walls
must have perimeter blocking.
(2)
The Town & Country Homes' design requires a change
to the standard set forth in §80.58(e)(4) of this title (Generic Standards
for Footers and Piers). Town & Country Homes additionally require all
exterior door locations to have perimeter piers.
(3)
The Town & Country Homes' design requires a change
to the standards set forth in §80.55(e)(2)(A) of this title (relating
to Generic Standards for Anchoring Systems). All Town & Country Homes
additionally require a pier and strap at the free end location of all interior
shearwalls.
§80.62. Registration [
(a)
Installers shall use only prefabricated
or site built stabilizing components and systems which are:
(1)
registered with the department,
(2)
specified by the home manufacturer's DAPIA approved
installation instructions, or
(3)
specified for one or more homes in a particular
area by a Texas licensed engineer or architect.
(b)
[
(1)
the title "Texas Department of Housing and Community Affairs"
Manufactured Housing Division
;
(2)
the phrase "
Registered
[
(3)
the date of
registration
[
(c)
[
(d)
[
(1)
the name, address, phone number, facsimile number, and
trademark of the agency issuing the certification report or the name, signature,
license number, state where licensed, address, phone number, facsimile number,
and seal of the engineer or architect;
(2)
date of certification report;
(3)
the name, address, phone number, and facsimile number of
the vendor or producer of the component or system;
(4)
drawing or photograph of component or system;
(5)
a description of the vendor's or producer's method for
identifying the component or system;
(6)
at least a 2 inch by 4 inch blank space for the department
registration
[
(7)
a unique number or other identification for the certification
report;
(8)
the initial qualifying test report or information about
how the report can be obtained;
(9)
a description of the continuing validation system and the
time period of the certification;
(10)
installation instructions for the component or system
that are shipped to each purchaser;
(11)
a description of the working load capacity for the component
or system. If the component is a ground anchor, the anchor shall be certified
by a professional engineer, architect or nationally recognized testing laboratory
as to its resistance, based on the maximum angle of diagonal tie and/or vertical
tie loading and angle of anchor installation, and type of soil in which the
anchor is to be installed;
(12)
a description of all allowable conditions for use of the
component or system such as (but not limited to) types of soil, weather exposure,
atmospheric environment (rural, industrial, coastal), and characteristics
of other associated components; and
(13)
a statement that the certifying independent testing laboratory,
certifying engineer, or certifying architect certifies the component or system
to be in conformance with
all applicable standards
[
(e)
[
(f)
[
(g)
[
(1)
is incomplete;
(2)
does not conform to the rules of the department;
(3)
contradicts the qualifying tests; or
(4)
has contradictory statements.
(h)
[
(1)
the engineer, architect, or independent testing laboratory
withdraws the certification;
(2)
the engineer, architect, or independent testing laboratory
improperly certified the component or system;
(3)
a significant characteristic of a device or system has
been changed without a revision of the original certification;
(4)
the producer distributes installation instructions that
are substantively different from those in the certification or original qualifying
tests;
(5)
changes in the law, rules, or standards;
(6)
the continuing validation system for a component has been
changed without a revision of the original certification;
(7)
information provided by the original certification is obsolete;
(8)
the department receives evidence that the component or
system often fails to anchor or support the home,
or
[
(9)
the producer fails to provide test results after the department
directs the producer to test the component or system. The test will be performed
by a recognized independent testing laboratory under the observation of a
qualified representative or designee of the department.
(i)
[
(j)
[
(1)
If the time period for certification exceeds the ten (10)
year
registration
[
(A)
of ten (10) years; or
(B)
if the time period of certification expires prior to the
end of the ten (10) year period, for a lesser period ending with the expiration
of the time period of certification.
(2)
All department approval letters issued prior to
November
3, 1998,
[
(k)
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
[
(l)
[
(m)
[
(n)
Advertisements and instructions
may not express or imply that the component or system has department approval.
§80.64.Procedures for Alterations.
(a)
No alteration shall be made by a retailer or installer
without prior
written
approval of the department. A written request
for any alteration approval shall be filed with the department, except for
the alterations which are pre-approved as described in this section.
Approval will be granted upon evidence that Federal standards are met. If
the alteration is approved, the alteration shall be completed in accordance
with the department's approval and any requirements made as a condition of
the approval. Following completion of an approved alteration, the retailer
shall notify the department in writing, and the department may accept the
certification of the retailer that the alteration was made as approved. The
department may inspect the home, as altered, to assure compliance with the
applicable standards.
[
[
(b)
The installation of self-contained or split system ("A"
coil) comfort cooling equipment and devices shall not be considered an alteration,
if the installation is performed
by a person holding the appropriate
license
in accordance with [
(1)
the manufacturer of the home,
as approved by the manufacturer's DAPIA;
(2)
a licensed professional engineer;
or
(3)
a licensed air conditioning
contractor.
[
(c)
[
§80.66.Rebuilding or Repairing a "Salvaged" Manufactured Home.
(a)
Any home which has sustained sufficient damage to be declared
salvage as defined in §1201.461 of the Standards Act, may be rebuilt/repaired
for purposes of issuance of a manufactured
Statement of Ownership and
Location
[
(b)
The rebuilder must:
(1)
notify the department in writing ten (10)
business
[
(A)
HUD or Texas Seal number;
(B)
data plate and comfort cooling certificate information
(applicable wind and roof load zones, manufacturer's name and address, home
model, list of appliance models, home production date, thermal zones, transmission
coefficients, furnace certification temperatures, and duct capacity for cooling);
(C)
copy of salvage declaration report;
(D)
description of damage;
(E)
description of cause of damage (water, wind, impact, fire,
etc.); and
(F)
location of home during rebuilding.
(2)
provide a plan for rebuilding, sealed by a licensed professional
engineer, that contains the following:
(A)
drawings and specifications that describe the rebuilding;
(B)
if more than one home is rebuilt in any one (1) month period,
then a quality assurance manual that describes the following:
(i)
system testing;
(ii)
inspection process of cavities before concealment; and
(iii)
record keeping.
(C)
list of new parts and appliances;
(D)
list of reused or salvaged parts and appliances; and
(E)
rebuilder's data plate (if applicable).
(3)
notify the department when concealed cavities will be exposed
for department inspectors;
(4)
remove damaged material and equipment;
(5)
add new or used materials and equipment;
(6)
repair all defects; and
(7)
repair and test all systems.
(c)
The department may schedule inspections of the home during
the rebuilding process.
[
(d)
[
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 February 14, 2005.
TRD-200500651
Timothy K. Irvine
Executive Director, Manufactured Housing Division
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: March 27, 2005
For further information, please call: (512) 475-2206
10 TAC §§80.119 - 80.133, 80.135
The new and amended sections are proposed under the Texas
Manufactured Housing Standards Act, Occupations Code, Subtitle C, Chapter
1201, §1201.052, which provides the Department with authority to amend,
add, and repeal rules governing the Manufactured Housing Division of the Department
and under Texas Government Code, Chapter 2306, §2306.603, which authorizes
the director to adopt rules as necessary to administer and enforce the manufactured
housing program through the Manufactured Housing Division.
No other statute, code, or article is affected by the proposed new and
amended rules.
§80.119.Installation Responsibilities.
(a)
For new manufactured homes, the retailer is the installer
and must
certify
[
(b)
For used manufactured homes, the person contracting with
the consumer for the installation of the home is the installer and must
certify
[
(1)
The person contracting directly with the consumer for only
the transportation of the used home to a manufactured home site is not an
installer if the person does not perform or contract to perform any installation
functions. In this case, the installer is the person that contracts for the
construction of the
stabilization
[
(2)
The selling retailer may sell a used home and deliver possession
to the consumer at the sales location (
e.g.
[
(c)
The installer is fully responsible for the complete installation
in accordance with all applicable requirements set forth in this chapter
even
though the installer may subcontract certain installation functions to independent
contractors pursuant to §1201.102(b) of the Standards Act. It is unlawful
for a subcontractor who is acting as an agent for a licensed installer to
advertise and/or offer installation services to any person unless the licensed
installer's name appears prominently in the advertisement.
(d)
The sale of a new or used home by a retailer which includes
an agreement to deliver the home and install the home at the home site is
complete when installation is complete and the home is made available
[
(e)
The completed Notice of Installation
(Form T) must be filed separately within thirty (30) days of the original
sale or within ten (10) days of a secondary move.
(f)
[
[
[
[
[
[
[
[
[
[
§80.120.Manufacturer's Responsibilities.
Manufacturers licensed with the department shall:
(1)
Submit a monthly shipment report to the department
of all manufactured homes produced during the preceding month for shipment
to any point in Texas.
[
(A)
The report shall contain the
following information:
(i)
the complete HUD label number(s);
(ii)
the complete serial number(s);
(iii)
the license number of the retailer as assigned
by the department;
(iv)
a designation as to single or multiple sections;
and
(v)
the name and address of the purchaser, consignee,
or person to whom it was shipped.
(B)
The manufacturer's monthly
shipment report shall be filed with the department by the 15th day of the
month following the manufacture of the home and/or shipment.
(C)
If a manufacturer has no sales,
consignments, or shipments to any person or place during any month, the report
must be filed stating such fact.
(2)
Use the Manufacturer's Certificate of Origin (MCO) prescribed
by the department for homes shipped to retailers in Texas; and
(3)
Supply to the department current and revised copies of
approved installation manuals
as
required by
§80.53
[
§80.121.Retailer's Responsibilities.
(a)
Manufactured housing retailers shall retain as part of
each sales record and make available for copying and review by department
personnel, upon request during normal business hours, the following information:
(1)
For all manufactured homes
as applicable
:
(A)
name and address of the purchaser and the date of purchase;
(B)
verification that the purchaser received the Formaldehyde
Health Notice required by §1201.153 of the Standards Act;
(C)
verification that the purchaser was advised of the Wind
Zone, thermal zone, and roof load zone for which the home was constructed.
If this information is not available for a used home, the purchaser will be
advised of this fact and the used home will be disclosed as being constructed
to Wind Zone I, thermal zone 1, and the roof load design for the South;
(D)
verification that the purchaser received the Wind Zone
notice as required by
§1201.256 of the Standards Act
[
(E)
verification that the purchaser received the site preparation
notice;
(F)
verification that the purchaser received written notice
of the two (2) year limitation of notice for filing a claim with the department;
(G)
verification that the Disclosure required
in subsection
(e) of this section
[
(H)
verification that the disclosure required
in subsection
(f) of this section
[
(I)
copies of the Notice of Installation
(Form T)
and
attached documents;
(J)
if the sale of a home includes air conditioning, the name
and license number of the air conditioning contractor which installed the
air conditioning system in accordance with §80.64
(c)
[
(K)
complete records of all alterations, in accordance with
24 CFR §3282.254
; and
[
(L)
copies of the completed application
and all supporting documentation as evidence that it conveyed good and marketable
title to the manufactured home to the transferee. A contract to convey title
after completion of an extended payout, as opposed to a financed extended
payout secured by a lien on the manufactured home, does not constitute a conveyance
of good and marketable title. An extended payout is any repayment involving
more than one installment or any finance charge.
(2)
For all new manufactured homes:
(A)
verification that a copy or the general description of
the manufacturer's new home warranty and installation warranty were given
to the consumer prior to the retailer's signing of any binding retail installment
sales contract or other mutually binding agreement.
(B)
verification that the manufacturer's new home warranty,
consumer's manual, and retailer's installation warranty were delivered to
the purchaser
pursuant to §1201.352(c) of the Standards Act (does
not apply to damage caused by a move)
;
(C)
verification of the date that the manufactured home information
card was mailed to the manufacturer; and
[
(3)
For used manufactured homes:
(A)
verification that the purchaser received the written 60-day
habitability warranty;
and
(B)
if the retailer contracted for the installation as
a part of the sales agreement,
verification that a copy or the general
description of the retailer's installation warranty
was
[
[
(b)
All verifications and copies of notices required by this
chapter must be maintained in the retailer's sales file, and the sales file
must be maintained for a period of not less than six (6) years from the date
of sale. If a retailer has more than one sales location and wishes to maintain
all of its records at a central location, it may do so provided that the retailer
notifies the department more than sixty (60) calendar days in advance that
its records are being maintained at a central location by providing the address
of such location. Absent such notice the records of a particular home must
be maintained at the address where the home is in inventory and from which
it was sold. If the retailer wishes to discontinue the centralization of its
records or to change the address where its records are kept, the retailer
must notify the department more than sixty (60) calendar days in advance of
the change of the location and the address and effective date of the new location.
(c)
For [
(d)
In a joint purchase, one purchaser's
signature is sufficient on the disclosure statement as long as the purchaser
is on the loan documents.
(e)
Section 162 Notice. Before
accepting a completed credit application from a consumer, a retailer (or any
salesperson or other agent acting on behalf of a retailer) shall provide the
disclosure form in §80.260(a)(2) or (b)(1) of this title.
(1)
The English version of Section 162 Notice form
is located in §80.260(a)(2) of this title.
(2)
The Spanish version of Section 162 Notice form
is located in §80.260(b)(1) of this title. The retailer is not required
to provide the form in Spanish; however, the consumer may request a copy in
Spanish from the retailer or from the department.
(f)
163 Disclosure. In a chattel
mortgage or consumer loan transaction in which the retailer is participating
in anyway, the retailer shall deliver to the consumer, at least 24 hours before
the execution of the contract, the disclosure form set forth in §80.260(a)(3)
of this title and a copy of the contract to be executed with all information
included, signed by the retailer.
(1)
The English version of the 163 disclosure form
is located in §80.260(a)(3) of this title.
(2)
The Spanish version of the 163 disclosure form
is located in §80.260(b)(2) of this title. The retailer is not required
to provide the form in Spanish; however, the consumer may request a copy in
Spanish from the retailer or from the department.
(3)
The disclosure must be given in writing in at
least 12 point type. It may not be attached to any other disclosure or document.
The consumer must sign and date a copy of the disclosure to acknowledge that
it was provided.
(g)
A retailer may not represent
to a consumer that is purchasing a manufactured home with interim financing
that the consumer will qualify for permanent financing if the retailer has
any reason to believe that the consumer will not qualify for such permanent
financing.
(h)
A retailer may not increase
the advertised price or the agreed price at which a manufactured home is to
be sold based on the consumer's decision to make the purchase with or without
financing provided by or arranged through the retailer.
(i)
If a retailer is also acting
as a creditor or an arranger of credit and will receive compensation for such
services, this must be disclosed to the consumer in writing.
(j)
If a retailer is acting as
a creditor or arranger of credit, the retailer may not require that a consumer
obtain financing from or through them.
(k)
If a retailer makes any material
representation about a manufactured home that goes beyond the terms of written
warranties to be provided, the retailer must confirm such representations
in writing.
(l)
If a retailer relies on a third
party, such as a title company or closing attorney, to file with the Department
the required forms necessary to enable the Department to issue a Statement
of Ownership and Location to a consumer, the retailer must provide an instruction
letter to that third party, advising them of their responsibilities to make
such filings and the required timeframes therefore. The retailer must retain
with their sale records a copy of that instruction letter and all documentation
provided to such third party to enable them to make such filings.
(m)
If a retailer, acting as a
broker, negotiates the sale of a manufactured home that is not reflected on
the records of the Department as being in the name of the seller, the retailer
must disclose, in writing, the identity of the actual owner to any purchaser
of such a home.
(n)
If any goods or services being
provided by a retailer in connection with the sale and/or installation of
a manufactured home are to be provided at a date after the installation, the
retailer must disclose, in writing, the goods and/or services to be provided
and a good faith estimate as to when they will be provided.
(o)
If any goods with a retail
value of more than $250 are to be provided in connection with the sale of
a manufactured home and they are not specified on the data plate for the home,
the retailer must describe them in the retail installment contract, purchase
memorandum, or other sale document in sufficient detail to enable a third
party to provide them under the responsibility of the retailer's surety bond
should the retailer fail to provide them as agreed.
(p)
A retailer may not request
or accept any document that is executed in blank or allow any alteration to
a completed documented without the consumer's initialing and dating such changes
to indicate agreement to them.
(q)
A retailer may not knowingly
accept or issue any check or other form of payment appearing on its face to
be a
bona fide
payment but known not
to represent good funds.
(r)
A retailer accepting a deposit
or down payment must give the consumer a written statement setting forth:
(1)
The amount of such deposit or down payment;
(2)
A statement whether the deposit or down payment
is refundable or not and, if it is refundable, in whole or in part, a statement
of any requirements to obtain or limitations on any such refund;
(3)
The name and business address of the person
receiving such down payment or deposit; and
(4)
The HUD label number(s), Texas seal number(s),
or serial number(s) of the manufactured home to which such down payment or
deposit relates.
(s)
A retailer may not negotiate
or offer a refund of less than is required by the Act. However, a retailer
may, by written agreement with the consumer retain the amount of the deposit
used to pay legitimate third party costs actually incurred, such as credit
report fees or courier fees.
(t)
Prior to requiring a purchase
to accept delivery of a manufactured home, the retailer must give them an
opportunity to inspect the home to make sure that it conforms to their contract.
When the purchaser signs a document acknowledging that the home which has
been delivered conforms to their contract, the sale becomes final, but this
in no way affects the operation of any warranty required by law or granted
contractually or affects or abridges any rights or obligations of either of
the parties to the transaction.
(u)
On the sale of a used home,
the retailer or broker must provide the purchaser with a disclosure advising
the consumer either that they will be responsible for the installation (which
will have a written warranty) or, if they will not be installing the home,
a statement that they will not be installing the home and therefore will not
be providing any warranty as to installation.
§80.122.Security Requirements.
(a) - (c)
(No change.)
(d)
To be exempt from the additional security as required by §1201.106(b)
of the Standards Act, a manufacturer who does not have a manufacturing plant
in this state must have a
bona fide
[
(1)
(No change.)
(2)
The service facility shall be capable of compliance with
the provisions of Sub-part I of the
Manufactured Housing Improvement
Act (latest edition)
[
(3)
(No change.)
§80.123.License Requirements.
(a) - (b)
(No change.)
(c)
Broker.
(1)
Any person engaged by one or more other persons to negotiate
or offer to negotiate bargains or contracts for the sale, exchange, or lease
purchase of a manufactured home to which a
Statement of Ownership and
Location
[
(2) - (3)
(No change.)
(d) - (e)
(No change.)
(f)
Homeowner's Temporary Installation.
(1)
(No change.)
(2)
The application must be accompanied by a certificate of
insurance issued by the insurance carrier or its authorized agent to prove
insurance coverage for the installation of the home as follows: public liability
insurance coverage including completed operations in an amount of not less
than $300,000 for bodily injury each occurrence and property damage insurance
in an amount of not less than $100,000 each occurrence, for which a combined
single limit of $300,000 will be considered to be in compliance with this
section; and motor vehicle liability insurance coverage of not less than $250,000
bodily injury each person, $500,000 bodily injury each occurrence and $100,000
property damage each occurrence, for which a combined single limit of $500,000
will be considered to be in compliance with this section. [
(3) - (4)
(No change.)
(g) - (h)
(No change.)
(i)
Education Requirements. Effective September 1, 1987, all
applicants for license[
(j) - (n)
(No change.)
(o)
Continuing Education Requirements.
For applications
received on or after January 1, 2005, all persons engaged in sales of manufactured
housing must be certified as having completed eight (8) hours of approved
continuing education each year in order to renew any license as a retailer,
broker, or salesperson or to apply for a new license as such when the person
is so licensed or has been at any time in the preceding year.
(1)
Covered persons. The following persons are deemed to be
engaged in sales of manufactured housing
and must meet the continuing
education requirements
[
(A) - (C)
(No change.)
(2)
Approval of courses and providers. In order to be considered
for approval by the Board to provide continuing education courses a party
wishing to be considered for such approval must submit, for each course for
which approval is sought, a letter application, accompanied by a nonrefundable
processing fee of $300, and the following:
(A) - (E)
(No change.)
(F)
Such other information as the
department
[
(3)
Once the staff determines that a request for approval is
complete, that request will be placed on the next regularly scheduled meeting
of the board of Directors for consideration. The staff will provide the board
with a written recommendation on each such request. The staff will advise
the applicant of the board's action within ten (10)
business
[
(A) - (B)
(No change.)
(4)
Eight hours of approved training
provided by the department will meet the continuing education requirement
for license renewal. This may be in the form of attending eight hours of one
of the department's quarterly licensing schools or by attending any other
eight hour training class the department may offer. The department is under
no obligation to offer any such classes (other than its regular quarterly
licensing classes) and will do so only if it has sufficient resources to do
so.
(p)
Application and Appeals.
(1)
Initial application processing.
(A)
It is the policy of the department to issue the license
within seven (7)
business
[
(i) - (ii)
(No change.)
(B)
License applications and accompanying documents received
shall be processed and issued within seven (7)
business
[
(C)
License applications and accompanying documents found to
be incomplete or not properly executed shall be returned to the applicant
with an explanation of the specific reason and what information is required
to complete license. Upon receipt of all required information, the license
will be issued within seven (7)
business
[
(D)
(No change.)
(2)
(No change.)
(q)
Payment of license fees.
(1)
All required fees must be paid in order to obtain
a valid license, including a renewal license, from the department.
(2)
Any license issued by the department is void
and of no effect if based upon a check that is later returned for insufficient
funds, closed account, or other reason, regardless of whether the department
notifies the applicant of the insufficiency of payment or the invalidity of
the license.
(3)
It is the applicant's responsibility to ensure
that all licensing fees are paid in valid U.S. funds.
§80.124.Deposits and Down Payments.
(a) - (j)
(No change.)
(k)
Advancement/upgrade charges
are not refundable if consumer agrees to reimburse retailer. If the consumer
does not reimburse, the retailer has the right to deduct fees from the deposit
amount.
§80.125.Advertising Regulations.
(a) - (b)
(No change.)
(c)
Any advertisement must comply with applicable federal
laws.
[
(d)
Any advertisement by a retailer,
broker, salesperson, or installer (other than a sign/display advertisement
at a licensed location, point of sale literature, or a price tag) must disclose
the license number of the person who is advertising. If the person who is
advertising is a salesperson, the advertisement must also indicate the license
number of the retailer or broker on whose behalf the salesperson is advertising.
The director may approve exceptions to the requirements of this subsection
where no consumer protection purposes would be served by requiring the number
to be disclosed.
§80.126.Rules for Hearings.
(a) - (d)
(No change.)
(e)
Pursuant to the Administrative Procedures Act, each party
has the right to file exceptions to the Proposal for Decision and present
a brief with respect to the exceptions. All exceptions must be filed with
the department within ten (10)
business
[
(f)
When an administrative hearing is held for any matter in
which the
department
[
(g)
The
department
[
§80.127.Sanctions and Penalties.
(a) - (c)
(No change.)
(d)
When a licensee first receives
written
notification
of a claim for warranty service, the licensee must respond timely to the request.
A failure to do so shall constitute a violation of these rules.
(1)
It is presumed that a response was timely if the required
warranty service is provided within forty (40) calendar days from the date
of the request; provided, however,
immediate corrective action is required
[
(2)
(No change.)
(3)
If, after reasonable investigation, the licensee disputes
whether warranty service is required and the licensee is unable to resolve
the matter by agreement with the consumer, the licensee may request that the
department
[
(e) - (f)
(No change.)
(g)
When the department has reason
to believe that a violation of the Standards Act, these Rules, or an administrative
order has occurred, the department shall determine what, if any, administrative
action or actions may be appropriate to see that the purposes of the Standards
Act are carried out. In that regard, in order to promote the uniform application
of the Standards Act, the department will follow these guidelines. The only
time that the department will deviate from these guidelines is when either
the Director or the Board determines, for documented
bona fide
reasons, that some other course of action, consistent with
the Standards Act and any other applicable legal requirements would be more
appropriate.
(h)
As used herein, "dangerous
conditions" means any condition which, if present, would constitute an imminent
threat to health or safety, and "loss" means actual financial loss or damage,
not including exemplary, punitive, special, or consequential damages. "Significant"
means significant in relationship to the financial resources of the person
who incurs a loss. "Promptly" means within the time prescribed by the Standards
Act, these Rules, and any administrative order (including any properly granted
extension) or, in the case of a matter that constitutes an imminent threat
to health or safety, as quickly as reasonably possible.
(i)
Any exceptionally flagrant,
willful violation that constitutes an imminent threat to health or safety
may be a basis for pursuit of maximum statutory penalties and/or suspension
or revocation of licenses.
(j)
Anytime the record indicates
that there is a high likelihood that a licensee's violation is a direct result
of a systemic problem, it is appropriate to request the licensee to develop
a plan to prevent future occurrences. Undertaking to develop such a system
is an appropriate factor to be taken into account in determining what penalty
to pursue.
(k)
Any and all penalties are IN
ADDITION to full compliance with the Standards Act and Rules (
i.e.
, full, prompt corrective action, restitution, or whatever else
the Standards Act and rules would have required in the first place). Failure
to provide such compliance on a timely basis, as specified in the applicable
order, will be deemed to be a violation of the order and serve as a basis
for pursuing additional administrative action, including the assessing of
additional penalties and the pursuit of suspension or revocation of licenses.
(l)
In determining the appropriate
amount of a penalty or other action, all relevant factors shall be considered,
including, but not limited to: the resources of the licensee and their ability
to pay fines, efforts to achieve compliance, the nature and frequency of recurring
violations, and monetary impact on consumers.
(m)
The Enforcement Matrix is located
in §80.240(a)(12) of this title.
§80.128.Arbitration Rules.
(a) - (i)
(No change.)
(j)
Arbitration Using SOAH. The provisions of this subsection
relate only to arbitrations for which the parties have agreed to use the services
of SOAH. Subject to the provisions of subsections (a) - (h) of this section,
the parties shall follow these additional rules.
(1) - (4)
(No change.)
(5)
Filing and Service of Documents.
(A) - (B)
(No change.)
(C)
If any document is sent to the SOAH clerk by certified
mail or first class mail in an envelope or wrapper properly addressed and
stamped and is deposited in the mail on or before the last day for filing
same, and it is received within three (3)
business
[
(D)
(No change.)
(6) - (26)
(No change.)
§80.129.Alternative Dispute Resolution.
The department offers alternative dispute resolution as an inexpensive
and informal way of attempting to resolve any claim or dispute. Depending
on the parties, this may involve informal meetings or non-binding mediation.
Alternative dispute resolution is available upon request. In the event that
a disputed matter cannot be resolved in this manner, the department reserves
the right to pursue all other lawful means of resolution including, but not
limited to, pursuit of administrative remedies.
§80.130.Delivery of Warranty.
(a)
The written warranty that the
used
manufactured
home is habitable as per §1201.455 of the Standards Act, shall have been
timely delivered if given to the homeowner at or prior to
possession
by the consumer or availability for possession
[
(b) - (c)
(No change.)
§80.131.Correction Requirements.
(a)
(No change.)
(b)
Except as provided in subsection (a) of this section, manufacturers,
retailers, and installers shall perform their obligations in accordance with
their respective written warranty within a reasonable period of time. A reasonable
period of time is deemed to be forty (40) calendar days following receipt
of the consumer's written notification unless there is good cause requiring
more time. The consumer's written notification must be
given within
[
(c)
(No change.)
§80.132.Procedures for Handling Consumer Complaints.
In order to comply with §1201.002 of the Standards Act, to provide
for the protection of the citizens who purchase manufactured housing and to
provide fair and effective consumer remedies, the following procedures will
be followed:
(1)
On initial
written
contact by a consumer, the
department will attempt to verify if the consumer has a valid complaint that
is subject to the department's authority. If the department determines that
the department has jurisdiction:
(A)
If the consumer has not previously notified the manufacturer,
retailer or installer [
(B)
If the consumer has previously provided written notification
to the manufacturer, retailer or installer of the need for warranty service
or repairs, but believes such has not been completed in a satisfactory manner,
the department shall mail a complaint form to the consumer with instructions
to complete it and return it to the department. On receipt of the complaint
form, the department will make a determination regarding whether or not to
open a consumer complaint. If a consumer complaint is opened, the department
shall forward copies of the complaint form to the manufacturer, retailer and/or
installer, as appropriate[
(2)
The department shall make a consumer complaint home inspection
if a consumer, manufacturer, or retailer requests such inspection.
(A)
Consumer Request. The consumer may, at any time, request
that the department perform a consumer complaint home inspection
. A written
complaint regarding failure to provide warranty work is deemed to be a request
for a consumer complaint inspection. No written complaint form is required
if a possible imminent safety hazard exists.
[
(B) - (C)
(No change.)
(D)
Within ten (10)
business
[
(E)
If the consumer refuses to
allow admission for inspection or service, the department will close the complaint.
Also, any party denied access will not be held responsible for repairs deemed
to be their responsibility.
(3) - (4)
(No change.)
(5)
If service or repairs cannot be made within the specified
time frame, the license holder shall notify the department in writing prior
to the expiration of the specified time frame by certified mail. The notice
shall list those items which have been, or will be, completed within the time
frame and shall show good cause why the remainder of the service or repairs
cannot be made within the specified time frame. The license holder shall request
an extension for a specific time. If the department fails to respond in writing
to the request within five (5)
business
[
(6) - (7)
(No change.)
§80.133.Administration of Claims under the Manufactured Homeowners' Recovery Trust Fund.
(a)
(No change.)
(b)
Documentation of a claim by a Licensee who is deemed to
be a "consumer" under §1201.358(d) of the Standards Act - When either
a manufacturer or a retailer has their license revoked or goes out of business
and the party that went out of business or had its license revoked has failed
to perform required warranty work on a timely basis, the Director may direct
a licensee that is still in business to perform the warranty work. A licensee
so directed will be deemed to be a "consumer" under §1201.358(d) of the
Standards Act and entitled to be reimbursed from the Fund for the costs of
performing such re-assigned warranty work.
(1)
The Director, before authorizing any party performing re-assigned
warranty work to proceed, will require that an estimate be submitted, itemizing
the hourly cost of labor required, the estimated time to complete the work,
the itemized costs of any material, equipment, and supplies, and such additional
out-of-pocket expenses as the licensee believes it will incur. Overhead costs
may be included, not to exceed 20% of the cost of labor and materials. If
the required estimate is not submitted and approved prior to the commencement
of re-assigned warranty work, the party performing the work may not be reimbursed
for that work until the Director has been provided with evidence establishing
that the amount billed was justifiable in all respects. The estimate must
be on the form prescribed by the
department
[
(2)
An order by the Director authorizing re-assigned warranty
work to be performed will specify that:
(A)
(No change.)
(B)
the licensee should keep complete records, subject to audit
by the
department
[
(C)
(No change.)
(D)
the required evidence that the re-assigned warranty work
was performed should be supplied to the
department
[
(E)
(No change.)
(3) - (4)
(No change.)
(5)
Claims made by a consumer who is not a licensee and documentation
of Fund claims--when a consumer has a covered claim against a licensee and
the licensee has not satisfied the claim, the
department
[
(A)
The
department
[
(B)
(No change.)
(c)
Attorneys' fees are subject to reimbursement from the Fund,
subject to certain limitations. Before reimbursing a consumer for attorneys'
fees, the
department
[
(d)
The
department
[
(e)
The
department
[
(f)
If there is no licensee that can be assigned responsibility
for warranty work or corrective action, the
department
[
(g)
Notification of warranty work orders, inspections, and
re-assigned warranty work
(1)
When an inspection is to be conducted, other than an initial
installation inspection, such as a follow-up installation inspection or a
complaint inspection, the
department
[
(2)
When warranty work orders are issued, they will be sent
to each licensee to whom responsibility has been assigned. They shall be sent
to the licensee by regular mail to their address of record, as on file with
department
[
(3)
If a licensee who has been assigned warranty responsibilities
is no longer in business, the
department
[
(4) - (5)
(No change.)
(6)
Once a payment is made from the Fund, the
department
[
(7)
(No change.)
§80.135.Manufactured Housing Auctions.
(a)
Auction of Manufactured Housing to Texas Consumers.
(1) - (4)
(No change.)
(5)
A manufactured home that has been salvaged or is not habitable
may not be sold, conveyed, or transferred to a consumer as a manufactured
home for dwelling purposes. [
(6) - (7)
(No change.)
(b)
(No change.)
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 February 14, 2005.
TRD-200500652
Timothy K. Irvine
Executive Director, Manufactured Housing Division
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: March 27, 2005
For further information, please call: (512) 475-2206
10 TAC §80.183
The amended section is proposed under the Texas Manufactured
Housing Standards Act, Occupations Code, Subtitle C, Chapter 1201, §1201.052,
which provides the Department with authority to amend, add, and repeal rules
governing the Manufactured Housing Division of the Department and under Texas
Government Code, Chapter 2306, §2306.603, which authorizes the director
to adopt rules as necessary to administer and enforce the manufactured housing
program through the Manufactured Housing Division.
No other statute, code, or article is affected by the proposed amendment.
§80.183.Three Day Right of Rescission.
(a)
The first calendar day after the day on which the applicable
contract is executed is the first day, and the three day right of rescission
expires unless notice has been given prior to midnight on the third calendar
day following the date of execution of the applicable contract.
(b)
The three day right of rescission may not be waived.
(c)
Although a licensee is not required to obtain a signed
acknowledgment, a
[
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 February 14, 2005.
TRD-200500653
Timothy K. Irvine
Executive Director, Manufactured Housing Division
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: March 27, 2005
For further information, please call: (512) 475-2206
10 TAC §80.205
The amended section is proposed under the Texas Manufactured
Housing Standards Act, Occupations Code, Subtitle C, Chapter 1201, §1201.052,
which provides the Department with authority to amend, add, and repeal rules
governing the Manufactured Housing Division of the Department and under Texas
Government Code, Chapter 2306, §2306.603, which authorizes the director
to adopt rules as necessary to administer and enforce the manufactured housing
program through the Manufactured Housing Division.
No other statute, code, or article is affected by the proposed amendment.
§80.205. Inventory Finance Liens [
[
(a)
[
(b)
[
(c)
[
(1)
[
(2)
[
(3)
[
(d)
[
(e)
[
(1)
[
(2)
[
(3)
[
(f)
[
(1)
[
(2)
[
(3)
[
(4)
[
(g)
[
[
[
[
[
[
[
[
[
[
[
[
[
[
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 February 14, 2005.
TRD-200500654
Timothy K. Irvine
Executive Director, Manufactured Housing Division
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: March 27, 2005
For further information, please call: (512) 475-2206
10 TAC §80.240
The new section is proposed under the Texas Manufactured Housing
Standards Act, Occupations Code, Subtitle C, Chapter 1201, §1201.052,
which provides the Department with authority to amend, add, and repeal rules
governing the Manufactured Housing Division of the Department and under Texas
Government Code, Chapter 2306, §2306.603, which authorizes the director
to adopt rules as necessary to administer and enforce the manufactured housing
program through the Manufactured Housing Division.
No other statute, code, or article is affected by the proposed new rule.
§80.240.Tables and Figures.
(a)
Tables.
(1) Maximum Spacing for Diagonal Ties.
(2) Minimum Number of Diagonal Ties.
(3) Maximum Spacing for Diagonal Ties (Wind Zone II) per side
of the Assembled Unit.
(4) Bracket Installation--Maximum Centerline Wall Opening for
Column Uplift Brackets.
(5) Floor Connections--Wind Zone I and II.
(6) Roof Connection--Fastener Type and Spacing.
(7) Main Panel Box Feeder Conductor Sizes.
(8)
Footer Capacities.
(9)
Pier Loads without Perimeter Supports.
(10)
Pier Loads with Perimeter Supports.
(11)
Mating Line Column Loads.
(12)
Enforcement Matrix.
(b)
Figures.
(1)
Counties Located in Wind Zone II.
(2)
Anchor Installation.
(3)
Placement of Stabilizing Plates.
(4)
Wind Zone I Installation (Single & Multi-Section).
(5)
Diagonal Strap Placement for Piers Exceeding 36 in. in
Height.
(6)
Diagonal and Vertical Ties.
(7)
Typical Installation Details.
(8)
Anchor Span.
(9)
Typical Longitudinal Stabilizing Device.
(10)
Longitudinal Ties.
(11)
Mating Line Surfaces.
(12)
Floor Connections.
(13)
Endwall Connections.
(14)
Roof Connection.
(15)
Exterior Roof Close Up.
(16)
HVAC (Heat/Cooling) Duct Crossover.
(17)
Multi-Section Water Crossover Connections.
Figure: 10 TAC §80.240(b)(17) (.pdf)
(18)
Drain, Waste and Vent Floor Piping System.
(19)
Chassis Bonding.
(20)
Electrical Crossover.
(21)
Fuel Gas Pipe Crossover Connections.
(22)
Footer Configurations.
Figure: 10 TAC §80.240(b)(22) (.pdf)
(23)
Pier Design (Single and Multi-Section Stack).
(24)
Perimeter Pier Front & Side View.
(25)
Typical Multi-Section Pier Layout.
(26)
Typical Single Section Pier Layout.
(27)
Determining Column Load and Marriage Line Elevation.
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 February 14, 2005.
TRD-200500655
Timothy K. Irvine
Executive Director, Manufactured Housing Division
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: March 27, 2005
For further information, please call: (512) 475-2206
10 TAC §80.260
The new section is proposed under the Texas Manufactured Housing
Standards Act, Occupations Code, Subtitle C, Chapter 1201, §1201.052,
which provides the Department with authority to amend, add, and repeal rules
governing the Manufactured Housing Division of the Department and under Texas
Government Code, Chapter 2306, §2306.603, which authorizes the director
to adopt rules as necessary to administer and enforce the manufactured housing
program through the Manufactured Housing Division.
No other statute, code, or article is affected by the proposed new rule.
§80.260.Required and Optional Forms.
(a)
Required Forms. Any alternative form or any modification
of any of the following forms may be accepted by the department if the director
determines that all information necessary to the administration of the Standards
Act has been provided and that in all other respects the alternative form
or modified form is acceptable AND the director has evidenced such approval
in writing prior to the acceptance of any such alternative or modified form.
The director may require a legal opinion from counsel for the person seeking
to use an alternative or modified form that it complies with the Standards
Act and addressing such other legal issues as the director may determine.
The director may place limitations or conditions on the approval of any alternative
or modified form.
(1)
Site Preparation Notice.
(2) Consumer Disclosure Statement.
Figure: 10 TAC §80.260(a)(2) (.pdf)
(3) 163 Disclosure--Choosing a Loan to Buy a Manufactured Home.
Figure: 10 TAC §80.260(a)(3) (.pdf)
(4) Notice of Installation (Form T).
Figure: 10 TAC §80.260(a)(4) (.pdf)
(5) Estimate for Reassigned Warranty Work.
Figure: 10 TAC §80.260(a)(5) (.pdf)
(6) Application for Statement of Ownership and Location.
Figure: 10 TAC §80.260(a)(6) (.pdf)
(7) Release or Foreclosure of Lien (Form B).
Figure: 10 TAC §80.260(a)(7) (.pdf)
(8) Quick Processing Form.
Figure: 10 TAC §80.260(a)(8) (.pdf)
(9) Form M.
Figure: 10 TAC §80.260(a)(9) (.pdf)
(10) Affidavit of Fact for Right of Survivorship.
Figure: 10 TAC §80.260(a)(10) (.pdf)
(b) Optional Forms.
(1) Spanish Version of Consumer Disclosure Statement.
Figure: 10 TAC §80.260(b)(1) (.pdf)
(2)
Spanish Version of 163 Disclosure--Choosing a Loan to Buy
a Manufactured Home.
Figure: 10 TAC §80.260(b)(2) (.pdf)
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 February 14, 2005.
TRD-200500656
Timothy K. Irvine
Executive Director, Manufactured Housing Division
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: March 27, 2005
For further information, please call: (512) 475-2206
The Manufactured Housing Division of the Texas Department of Housing
and Community Affairs (Department) proposes repeal of §§80.50 -
80.52, 80.63, 80.129, 80.134, 80.136, 80.137, 80.181, 80.182, 80.200, 80.202
- 80.204, and 80.206 - 80.209. The repeals are necessary to remove unnecessary
text, move text to more appropriate sections, or to propose a new rule to
replace the repeal.
Section 80.50 - the rule is not necessary since the Wind Zone regulations
are stated in the Standards Act.
Section 80.51 - relocated to various sections in proposed revisions to §80.53
and §80.54.
Section 80.52 - clarifications are made in proposed revisions in §80.54
and the definition of Permanent Foundation that make this rule unnecessary.
Also, the certification form is eliminated since it is not required that a
home be on a permanent foundation to be treated as real property.
Section 80.63 - all matters are now appropriately addressed in §80.54
and §80.62.
Section 80.129 - proposing a new §80.129 and moving the previous text
to §80.127 (Sanctions and Penalties) and the Enforcement Matrix to new
Subchapter H (Tables and Figures).
Figure: 10 TAC §80.129(g) - Moved Enforcement Matrix to new §80.240(a)(12).
Section 80.134 - relocated portions of the text to §80.121 (Retailer's
Responsibilities) and deleted text that is no longer necessary.
Section 80.136 - supporting documentation relating to permanent foundations
is no longer required and the closing requirements are clearly set forth in
the statute.
Section 80.137 - relocated subsection (b) and forms to new Subchapter I
(Forms).
Figure: 10 TAC §80.137(a)(1) - Moved Notice of Installation (Form
T) to new §80.260(a)(4).
Figure: 10 TAC §80.137(a)(2) -The Down Payment Verification Affidavit
is deleted.
Figure: 10 TAC §80.137(a)(3) - Moved Estimate for Reassigned Warranty
Work form to new §80.260(a)(5).
Section 80.181 - relocated necessary text to §80.121(e) and forms
to new Subchapter I (Forms).
Figure: 10 TAC §80.181(1) - Moved the Consumer Disclosure Statement
form to new §80.260(a)(2).
Figure: 10 TAC §80.181(2) - Moved the Spanish version of the Consumer
Disclosure Statement form to new §80.260(b)(1).
Section 80.182 - relocated necessary text to §80.121(f) and forms
to new Subchapter I (Forms).
Figure: 10 TAC §80.182(1) - Moved the 163 Disclosure form to new §80.260(a)(3).
Figure: 10 TAC §80.182(2) - Moved the Spanish version of the 163 Disclosure
form to new §80.260(b)(2).
Section 80.200 - deleted subsection (a) and relocated (b) to §80.121(a)(1)(L)
(Retailer's Responsibilities).
Section 80.202 - relocated fees to §80.20(j).
Section 80.203 - relocated to §80.120 (Manufacturer's Responsibilities).
Section 80.204 - the Notice of Installation (Form T) is no longer filed
with the Application for Statement of Ownership and Location.
Section 80.206 - the rule is no longer necessary.
Section 80.207 - a habitability inspection is no longer required for changes
in election from real to personal property, and habitability inspection requirements
for converting business use and salvage homes to residential use are already
set forth in §80.201.
Section 80.208 - the rule is no longer necessary.
Section 80.209 - relocated forms to new Subchapter I (Forms).
Figure: 10 TAC §80.209(a) - Moved the Application for Statement of
Ownership and Location form to new §80.260(a)(6).
Figure: 10 TAC §80.209(b) - Moved the Release or Foreclosure of Lien
form to new §80.260(a)(7).
Timothy K. Irvine, Executive Director of the Manufactured Housing Division
of the Texas Department of Housing and Community Affairs, has determined that
for the first five-year period the repeal is in effect, there will be no fiscal
implications for state or local government as a result of enforcing or administering
the repeal.
Mr. Irvine also has determined that for each year of the first five years
the repeal is in effect the public benefit as a result of enforcing the repeal
will be to eliminate unnecessary or redundant verbiage and to propose new
rules and revisions that organize the rules by grouping in related subjects
that are more logical. The repeal is expected to have no material economic
costs to persons/businesses that are required to comply with the repeal as
proposed. There are expected to be no fiscal implications for units of local
government as a result of enforcing or administering the repeal.
Comments may be submitted to Mr. Timothy K. Irvine, Executive Director
of the Manufactured Housing Division, of the Texas Department of Housing and
Community Affairs, P. O. Box 12489, Austin, Texas 78711-2489 or by e-mail
at the following address tirvine@tdhca.state.tx.us. The deadline for comments
is 30 days after publication in the
Texas Register
.
Subchapter D. STANDARDS AND REQUIREMENTS
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Department of Housing and Community Affairs or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
10 TAC §§80.50 - 80.52, 80.63
The repeal is proposed under the Texas Manufactured Housing
Standards Act, Occupations Code, Subtitle C, Chapter 1201.052, which provides
the Department with authority to amend, add, and repeal rules governing the
Manufactured Housing Division of the Department and under Texas Government
Code, Chapter 2306, §2306.603, which authorizes the director to adopt
rules as necessary to administer and enforce the manufactured housing program
through the Manufactured Housing Division.
No other statute, code, or article is affected by the repealed rules.
§80.50.Wind Zone Regulations.
§80.51.Manufactured Home Installation Requirements.
§80.52.Permanent Foundation Criteria.
§80.63.Other Materials and Methods for Manufactured Homes.
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 February 14, 2005.
TRD-200500643
Timothy K. Irvine
Executive Director, Manufactured Housing Division
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: March 27, 2005
For further information, please call: (512) 475-2206
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Department of Housing and Community Affairs or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
10 TAC §§80.129, 80.134, 80.136, 80.137
The repeal is proposed under the Texas Manufactured Housing
Standards Act, Occupations Code, Subtitle C, Chapter 1201.052, which provides
the Department with authority to amend, add, and repeal rules governing the
Manufactured Housing Division of the Department and under Texas Government
Code, Chapter 2306, §2306.603, which authorizes the director to adopt
rules as necessary to administer and enforce the manufactured housing program
through the Manufactured Housing Division.
No other statute, code, or article is affected by the repealed rules.
§80.129.Determinations Regarding the Pursuit of Administrative Penalties and Enforcement Actions.
§80.134.Deceptive Practices.
§80.136.Homes Acquired on or after January 1, 2002.
§80.137.Required Forms.
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 February 14, 2005.
TRD-200500644
Timothy K. Irvine
Executive Director, Manufactured Housing Division
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: March 27, 2005
For further information, please call: (512) 475-2206
(a)
The Texas Manufactured Housing
Standards Code for HUD-Code manufactured homes shall be the Federal Standards
established under Title VI of the Housing and Community Development Act of
1974 and each change, amendment, or requirement shall become effective in
conjunction with the effective date set by the federal program.]
(b)
The historical record of standards
adopted for manufactured homes in accordance with the Standards Act, is as
follows:]
(1)
Prior to December 11, 1969: none;]
(2)
December 12, 1969 - August 31, 1971: American
National Standards Institute (ANSI), A119.1-1963, plumbing, heating and electrical;]
(3)
September 1, 1971 - December 15, 1971: none;]
(4)
December 15, 1971 - February 16, 1972: ANSI,
A119.1-1969, plumbing, heating and electrical;]
(5)
February 17, 1972 - January 31, 1973: ANSI,
A119.1-1973, plumbing, heating and electrical;]
(6)
February 1, 1973 - September 19, 1973: ANSI,
A119.1-1973, plumbing, heating, electrical and construction;]
(7)
September 20, 1973 - August 31, 1974: ANSI,
A119.1-1973, plumbing, heating, electrical and construction;]
(8)
September 1, 1974 - June 14, 1976: ANSI, A119.1-1974,
plumbing, heating, electrical and construction; and]
(9)
June 15, 1976 - Future: HUD-Code - National
Manufactured Home Construction and Safety Standards, Part 3280, promulgated
by the United States Department of Housing and Urban Development (HUD), Code
of Federal Regulations (CFR), Title 24.]
Subchapter B. DEFINITIONS
(1)
Alteration--The replacement,
addition, and modification or removal of any equipment or its installation
after sale by the manufacturer to a retailer, but prior to sale and installation
to a purchaser which may affect the construction, fire safety, occupancy plumbing,
heat-producing, or electrical system. An alteration is deemed to be prior
to sale if the alteration is part of the retail sales contract. It includes
any modification made in the manufactured home which may affect the compliance
of the home with the standards, but it does not include the repair or replacement
of a component or appliance requiring plug-in to an electrical receptacle
where the replaced item is of the same configuration and rating as the one
being replaced. It also does not include the addition of an appliance requiring
"plug-in" to an electrical receptacle, which appliance was not provided with
the manufactured home by the manufacturer, if the rating of the appliance
does not exceed the rating of the receptacle to which it is connected (FMHCSS §3287.7(c)).]
(2)
] Anchoring components--Any component
which is attached to the manufactured home and is designed to resist the horizontal
and vertical forces imposed on the manufactured home as a result of wind loading.
These components include auger anchors, rock anchors, slab anchors, ground
anchors, stabilizing plates, connection bolts, j-hooks, buckles, and split
bolts.
(3)
] Anchoring equipment--Straps,
cables, turnbuckles, and chains, including tensioning devices, which are used
with ties to secure a manufactured home to anchoring components or other [
approved
] devices.
(4)
] Anchoring systems--Combination
of ties, anchoring components, and anchoring equipment that will resist overturning
and lateral movement of the manufactured home from wind forces.
(5)
] APA--Administrative Procedure
Act, Texas Government Code, Chapter 2001.
(6)
Attachment--With respect to
a manufactured home, that it has been installed in accordance with the Department’s
rules and connected to any one or more utilities including, but not limited
to, electricity, water, natural gas, propane or bottled gas, or wastewater
service. For purposes of determining whether a manufactured home is attached,
the presence of installation deviations or violations shall not invalidate
the home’s status as being attached.]
(7)
Board--Governing Board of
the Manufactured Housing Division of the Texas Department of Housing and Community
Affairs.]
(8)
Business use--Any use other
than for dwelling purposes.]
(9)
Calendar days--Includes every
day on the calendar.]
(10)
] Certificate of Attachment--A
certificate issued by the department to the person who surrenders the Manufacturer's
Certificate of Origin or document of title when the home has been permanently
attached
[
affixed
] to real estate. Certificates of Attachment
are no longer issued after June 18, 2003.
(11)
] Chattel Mortgage or Consumer
Loan--
Any loan that is not subject to the Real Estate Settlement Procedures
Act (RESPA).
[
A loan subject to Chapter 347, Texas Finance Code,
that is not a mortgage loan.
]
(12)
] Coastline--The shoreline that
forms the boundary between the land and the Gulf of Mexico or a bay or estuary
connecting to the Gulf of Mexico that is more than five miles wide.
(13)
] Credit document--
All
[
The credit sale contract or the loan instruments including all
] the written agreements between the consumer and creditor that
describe or are required in connection with an actual
[
relate to
the
] credit transaction.
(14)
] Creditor--A person involved
in a credit transaction who:
(15)
Creditor-Lender--A person
that is involved in extending or arranging for credit in inventory financing
secured by manufactured housing.]
(16)
] Custom designed stabilization
system--An anchoring and support system that is not an approved method as
prescribed by the state generic standards, manufacturer's installation instructions,
or other systems pre-approved by the department.
(17)
] DAPIA--The Design Approval
Primary Inspection Agency.
(19)
Department--The Manufactured
Housing Division of the Texas Department of Housing and Community Affairs
(TDHCA).]
(20)
Department inspector--An
inspector who is an employee of the Manufactured Housing Division of the Texas
Department of Housing and Community Affairs or an inspector who is an employee
of an entity performing inspection services under contract with the department.]
(21)
] Deposits--Money or other
consideration given by a consumer to a retailer, salesperson, or agent of
a retailer to hold a home in inventory for subsequent purchase or to special
order a home for subsequent purchase.
(22)
] Diagonal tie--A tie intended
to primarily resist horizontal forces, but which may also be used to resist
vertical forces.
(23)
Director--The Executive Director
of the Manufactured Housing Division of the Texas Department of Housing and
Community Affairs (TDHCA).]
(24)
] Down Payment--An amount,
including the value of any property used as a trade-in, paid to a retailer
to reduce the cash price of goods or services purchased in a credit sale transaction.
(25)
] Dwelling unit--One or more
habitable rooms which are designed to be occupied [
by one family with
facilities
] for living[
, sleeping, cooking and eating
].
(26)
] FMHCSS--Federal Manufactured
Home Construction and Safety Standards that implement the National Manufactured
Home Construction and Safety Standards Act of 1974, 42 USC 5401, et seq.,
as amended from time to time
[
and means a reasonable standard for
the construction, design, and performance of a manufactured home which meets
the needs of the public including the need for quality, durability, and safety
].
(27)
] Footing--That portion of
the support system that transmits loads directly to the soil.
(28)
] Ground anchor--Any device
at the manufactured home site designed to transfer manufactured home anchoring
loads to the ground.
(29)
HUD-Code manufactured home--A
structure constructed on or after June 15, 1976, according to the rules of
HUD, transportable in one or more sections, which, in the traveling mode,
is eight body feet or more in width or 40 body feet or more in length, or,
when erected on site, is 320 or more square feet, and which is built on a
permanent chassis and designed to be used as a dwelling with or without a
permanent foundation when connected to the required utilities, and includes
the plumbing, heating, air-conditioning, and electrical systems. The term
does not include a recreational vehicle as that term is defined by 24 CFR, §3282.8(g).]
(30)
Imminent safety hazard--A
hazard that presents an imminent and unreasonable risk of death or severe
personal injury that may or may not be related to failure to comply with an
applicable federal manufactured home construction and safety standard (FMHCSS §3282.7(q)).]
(31)
] Independent testing laboratory--An
agency or firm that tests products for conformance to standards and employs
at least one engineer or architect licensed in at least one state.
(32)
Installation information--A
term used to describe the reports used to inform the department of information
needed to perform installation inspections (includes Notice of Installation).]
(33)
] IPIA--The Production Inspection
Primary Inspection Agency which evaluates the ability of manufactured home
manufacturing plants to follow approved quality control procedures and/or
provides ongoing surveillance of the manufacturing process.
(34)
Lien--A security interest
that is created by any kind of lease, conditional sales contract, deed of
trust, chattel mortgage, trust receipt, reservation of title or other security
agreement of whatever kind or character, if an interest, other than an absolute
title, is sought to be held or given in a manufactured home, and any lien
on a manufactured home that is created or given by the constitution or a statute.]
(35)
] Long-Term Lease--For the
purpose of determining whether or not the owner of a manufactured home may
elect to treat the home as real property, is a lease on land to which the
manufactured home has been attached and which:
(36)
] Main frame--
A chassis
or structure serving a similar purpose
[
The structural components
on which the body of the manufactured home is mounted
].
(37)
Manufactured home--A HUD-Code
manufactured home or a mobile home and collectively means and refers to both.]
(38)
] Manufactured home identification
numbers--For
the purpose of maintaining ownership and location
[
purposes of title
] records, the numbers shall include the HUD label
number(s) and the serial number(s) imprinted or stamped on the home in accordance
with HUD departmental regulations. For homes manufactured prior to June 15,
1976, the Texas seal number, as issued by the department, shall be used instead
of the HUD label number. If a home manufactured prior to June 15, 1976, does
not have a Texas seal, or if a home manufactured after June 15, 1976, does
not have a HUD label, a Texas seal shall be purchased from the department
and attached to the home
in upper left corner on tongue end
and
used for identification in lieu of the HUD label number.
(39)
] Manufactured home site--That
area of a lot or tract of land on which a manufactured home is installed.
(40)
Mobile home--A structure
that was constructed before June 15, 1976, transportable in one or more sections,
which, in the traveling mode, is eight body feet or more in width or 40 body
feet or more in length, or, when erected on site, is 320 or more square feet,
and which is built on a permanent chassis and designed to be used as a dwelling
with or without a permanent foundation when connected to the required utilities,
and includes the plumbing, heating, air-conditioning, and electrical systems.]
(41)
] Permanent foundation--
A foundation which meets the requirements of §80.54 of this title (relating
to Requirements for the Installation of Manufactured Homes) and was constructed
according to drawings, as required by that section, which state that the foundation
is a permanent foundation for a manufactured home.
[
A system of
supports and securements, including piers, either partially or entirely below
grade which is constructed or certified in accordance with the criteria outlined
in §80.52(a) and (b), of this title (relating to Permanent Foundation
Performance Criteria).
]
(42)
Permanently affixed--Having
been anchored to the real estate by attachment to a permanent foundation.]
(43)
Rebuild--To make a salvaged
manufactured home habitable in accordance with §80.66 of this title (relating
to Rebuilding or Repairing a "Salvaged" Manufactured Home).]
(44)
Rebuilder--Any person, within
the state, who has been licensed by the department to rebuild a salvaged manufactured
home, as defined in §1201.461 the Standards Act, in accordance with the
rules and regulations of the department.]
(45)
Refurbish--To make a nonhabitable
manufactured home or section habitable by repairing, adding, replacing, modifying,
or removing components.]
(46)
Serious defect--Any failure
to comply with an applicable federal manufactured home construction and safety
standard that renders the manufactured home or any part thereof not fit for
the ordinary use for which it was intended and which results in an unreasonable
risk of injury or death to occupants of the affected manufactured home (FMHCSS §3282.7(gg)).]
(47)
] Shim--A wedge-shaped piece
of [
cedar, oak, walnut, pecan, gum, ash, hickory, elm, or other comparable
] hardwood or other accepted material not to exceed one (1) inch vertical
(actual) height.
(48)
] Stabilizing components--All
components of the anchoring and support system such as piers, footings, ties,
anchoring equipment, ground anchors and any other equipment, which supports
the manufactured home and secures it to the ground.
(49)
Standards Act--Texas Manufactured
Housing Standards Act, Occupations Code, Subtitle C, Chapter 1201.]
(50)
Statement of Ownership and
Location--means a statement, issued by the Department on the prescribed form,
based on a completed application for Statement of Ownership and Location,
accompanied by the required fee and all required supporting documentation.]
(51)
] Support system--A combination
of footings, piers, caps and shims that support the manufactured home.
(52)
] TDHCA--The Manufactured Housing
Division of the Texas Department of Housing and Community Affairs
(department)
[
(Department)
].
(53)
TMHSA--Texas Manufactured
Housing Standards Act, Occupations Code, Subtitle C, Chapter 1201.]
(54)
] Used home--Any manufactured
home (or mobile home) [
for
] which
has been installed and occupied
for living
[
a document of title as previously been issued by an
appropriate agency of any state or which has been occupied
].
(55)
] Vertical tie--A tie intended
primarily to resist the uplifting and overturning forces.
(56)
Wind Zone I--All Texas counties
not in Wind Zone II.]
(57)
Wind Zone II--Aransas, Brazoria,
Calhoun, Cameron, Chambers, Galveston, Jefferson, Kenedy, Kleberg, Matagorda,
Nueces, Orange, Refugio, San Patricio, and Willacy counties.]
(58)
Working days--Includes every
day on the calendar except Saturday, Sunday, and federal and state holidays.]
Subchapter C. FEE STRUCTURE
each
] manufactured
home [
which is not installed on a permanent foundation
].
There is a reporting fee of $150 for the installation of a manufactured home
permanently affixed to real estate or on a permanent foundation
].
(3)
Installation fees shall be
submitted to the department as follows:]
(A)
When the installation occurs in conjunction
with a title transfer, the fee must be submitted to the department along with
the application for title and the Notice of Installation Affidavit; or]
(B)
For secondary moves (when there is no title
transfer), the fee must be submitted to the department along with a completed
Notice of Installation Affidavit within ten (10) working days following the
installation date.]
(4)
] Fee distributions to local
governmental entities performing inspection functions pursuant to contract
with the department shall be made in accordance with department procedures
and the provisions of the contract.
(c)
Alteration Fee: There is a
fee of $60 per hour or a minimum fee of $60 for the inspection of alterations
made upon the structure, plumbing, heating, or electrical systems of manufactured
homes. The fee is paid to the department by the person making the alterations.
The person shall also reimburse the department for mileage and per diem incurred
by department personnel to and from the place of inspection.]
(d)
] Seal Fee: There is a fee of
$35 for the issuance of Texas Seals. Any person who sells, exchanges, lease
purchases, or offers for sale, exchange, or lease purchase a used HUD-Code
manufactured home manufactured after June 15, 1976, that does not have a HUD
label affixed, or a used mobile home manufactured prior to June 15, 1976,
that does not have a Texas Seal affixed shall file an application to the department
for a Texas Seal. The application shall be accompanied by the seal fee of
$35 per section made payable to the department.
(e)
] Monitoring Fee: There is a
fee, as required by HUD, to be paid by each manufacturer in this state for
each HUD-Code manufactured home produced. The monitoring inspection fee is
established by the secretary of HUD, (pursuant to 24 CFR §3282.307) who
shall distribute the fees collected from all manufacturers among the approved
and conditionally approved states based on the number of new homes whose first
location after leaving the manufacturing plant is on the premises of distributor,
retailer, or purchaser in that state, and the extent of participation of the
state in the joint monitoring program established under the National Manufactured
Housing Construction and Safety Standards Act of 1974.
(f)
] Homeowner's Temporary Installer's
License: There is a fee of $100 for the issuance of a homeowner's temporary
installer's license, which shall also include the cost of the installation
inspection. The fee shall be made payable to the department.
(g)
] Education Fee: Each attendee
at the course of instruction in the law and consumer protection regulations
for license applicants shall be assessed a fee of $250. If a manufacturer
requests the training be performed at his or her facility, the manufacturer
shall reimburse the department for the actual costs of the training session
(educational fee plus actual cost of travel).
titled
for use as a residence
] after
having
[
the title has
]
been previously
designated
[
canceled
] for business use
[
or to become real estate
]. The
purpose of the
inspection
is to determine if the home is habitable as defined by
§1201.453
[
§8
] of the Standards Act.
The fee must accompany
a written request for inspection and must be submitted either prior to or
in connection with the submission of an Application for Statement of Ownership
and Location.
[
The fee shall accompany a Form A to apply for reinstatement
of the title along with those documents set forth in §80.207 of this
title (relating to Reinstatement of Canceled Documents of Title). The person
requesting the inspection for the use change of a manufactured home shall
be charged for mileage and per diem incurred by department personnel traveling
to and from the location of the manufactured home. The inspector shall advise
the consumer of the charges incurred and no title shall be issued until all
fees have been paid.
]
for reinstatement of
the title. The fee shall accompany a written request for the inspection. The
rebuilder shall also be charged for mileage and per diem incurred by department
personnel traveling to and from the location of the home. See §80.66
of this title (relating to Rebuilding or Repairing a "Salvaged" Manufactured
Home). The inspector shall advise the rebuilder of the charges incurred and
no title shall be issued until all fees have been paid.
]
Titles: Fees relating to titles and title transactions
are set forth in §80.202 of this title (relating to Fees for Title Documents).
]
Subchapter D. STANDARDS AND REQUIREMENTS Design Requirements ].
Each new manufactured
home shall be designed and constructed as a completely integrated structure
capable of sustaining the design load requirements of the FMHCSS and shall
be capable of transmitting the loads to anchoring systems without causing
an unsafe deformation or an abnormal internal movement of the structure or
its structural parts.
]
Each new manufactured
home shall have provisions for anchoring systems which, when properly designed
and installed, will resist overturning and lateral movement of the manufactured
home up to the respective design loads.
]
The provisions of this section shall be followed and
the support and anchoring systems shall be designed by a licensed professional
engineer or architect.
]
The manufacturer shall design
homes to make provisions for the necessary support and anchoring systems,
but is not required to provide the anchoring equipment. Printed installation
instructions for support and anchoring systems for each model shall be filed
with the department as required by the department. When the manufacturer's
installation instructions provide for the main frame structure to be used
as the point for connection to diagonal ties, no specific connecting devices
need to be provided on the frame. Ties shall be designed and installed to
prevent self disconnection when the ties are slack. For example, open end
hooks shall have set screws or other mechanisms to prevent disconnection when
there is slack in the strapping.
]
The
manufacturer shall provide printed instructions with each new home specifying
the location, orientation and required capacity of stabilizing components
on which the design is based. The installer must use stabilizing components
that have the required capacity and install them according to the anchor or
stabilizing component manufacturer's current installation instructions. When
soil auger anchor shafts are not installed in-line with the diagonal frame
ties or the combined loads of two ties, approved stabilizer plates, or other
approved methods, must be used in accordance with the installation instructions
for the soil auger anchors and stabilizer plates. If a difficult soil, such
as mixed soil and rock or caliche (heavily weathered limestone) that is not
solid rock, exists at the homesite, the installer may install a home in accordance
with the generic standards and §80.55(d)(4) of this title (relating to
Anchoring Systems).
]
(f)
The minimum number of ties
required per side shall be sufficient to resist the wind load stated in the
FMHCSS §3280.305(c).]
Standards ] for the Installation of Manufactured Homes.
All
]
manufactured homes shall be installed
by a licensed installer to resist
overturning and lateral movement of the home, and the installation must be
completed
in accordance with
instructions appropriate for the Wind
Zone where the home is to be installed as per
one of the following:
this section, §80.55 of this title (relating to Anchoring Systems), §80.56
of this title (relating to Multi-Section Connection Standards), and modified
by any appendix filed in accordance with §80.51(a)(2) of this title (relating
to Manufactured Home Installation Requirements)
];
a custom
designed stabilization system;
]
a stabilization system pre-approved by the department;
or
]
(5)
on a permanent foundation.]
(b)
] Site Preparation Responsibilities
and Requirements:
subsection (g) of this section
]:
subsection
(g) of this section
] PRIOR to the execution of any binding sales agreement.
subsection
(g) of this section
] PRIOR to entering into a binding agreement to move
that home.
(c)
] If the retailer or installer
provides the materials for skirting or contracts for the installation of skirting,
the retailer or installer is responsible for
installing
[
the following: The retailer or installer shall install
] any required
moisture and ground vapor control measures in accordance with the home installation
instructions, specifications of
a registered
[
an approved
] stabilization system, or the generic standards and shall provide for
the proper cross ventilation of the crawl space. If the purchaser or homeowner
contracts with a person other than the retailer or installer for the skirting,
the purchaser or homeowner is responsible for installing the moisture and
ground vapor control measures and for providing for the proper cross ventilation
of the crawl space.
(d)
] Clearance: If the manufactured
home is installed according to the state's generic standards, a minimum clearance
of 18 inches between the ground and the bottom of the floor joists must be
maintained. In addition, the installer shall be responsible for installing
the home with sufficient clearance between the I-Beams and the ground so that
after the crossover duct prescribed by the manufacturer is properly installed
it will not be in contact with the ground. Refer to §80.56 of this title
(relating to
Generic Standards for
Multi-Section
Connections
[
Connection
] Standards) for additional requirements for
utility connections. It is strongly recommended that the installer not install
the home unless all debris, sod, tree stumps and other organic materials are
removed from all areas where footings are to be located.
(e)
] Drainage: The purchaser is
responsible for proper site drainage where the manufactured home (new or used)
is to be installed unless the home is installed in a rental community. It
is strongly recommended that the installer not install the home unless the
exterior grade is sloped away from the home or another
generally accepted
[
approved
] method to prohibit surface runoff from draining
under the home is provided. Drainage prevents water build-up under the home.
Water build-up may cause shifting or settling of the foundation, dampness
in the home, damage to siding and bottom board, buckling of walls and floors,
delamination of floor decking and problems with the operation of windows and
doors.
(f)
Generic Moisture and Ground
Vapor Controls:]
(1)
If the manufactured home is installed according
to the state's generic standards and the space under the home is to be enclosed
with skirting and/or other materials provided by the retailer and/or installer,
an access opening not less than 18 inches in any dimension and not less than
three square feet in area shall be provided by the installer. The access opening
shall be located so that any water supply and sewer drain connections located
under the home are accessible for inspections. If a clothes dryer exhaust
duct, air conditioning condensation drain, or combustion air inlet is present,
the installer must pass it through the skirting to the outside. In addition,
crawl space ventilation must be provided at the rate of minimum 1 square foot
of net free area, for every 150 square feet of floor area. At least six openings
shall be provided, one at each end of the home and two on each side of the
home. The openings shall be screened or otherwise covered to prevent entrance
of rodents (note: screening will reduce net free area). For example, a 16'x76'
single section home has 1216 square feet of floor area. This 1216 square feet
divided by 150 equals 8.1 square feet or 1166 square inches of net free area
crawl space ventilation.]
(2)
The retailer and/or installer must notify the
purchaser that moisture and ground vapor control measures are required if
the space under the home is to be enclosed. Water vapor build-up may cause
dampness in the home, damage to siding and bottom board, buckling of walls
and floors, delamination of floor decking and problems with the operation
of windows and doors. The generic ground vapor control measure shall consist
of a ground vapor retarder that is minimum 6 mil polyethylene sheeting or
its equivalent, installed so that the area under the home is covered with
sheeting and overlapped approximately 12 inches at all joints. Any tear larger
than 18 inches long or wide must be taped using a material appropriate for
the sheeting used. The laps should be weighted down to prevent movement. Any
small tears and/or voids around construction (footings, anchor heads, etc.)
are acceptable.]
(g)
Notice: The site preparation
notice to be given to the consumer shall be as follows:]
Figure: 10 TAC §80.54(g)
]
(h)
Footers and Piers:]
(1)
Proper sizing of footings depends on the load
carrying capacity of both the piers and the soil. To determine the load bearing
capacity of the soil, the installer may use any of the following methods:]
(A)
Pocket penetrometer:]
(i)
Test a typical area adjacent to or within 10
feet of the perimeter of the unit;]
(ii)
Dig down to undisturbed soil. This should
be a minimum of 1 square foot surface area; and]
(iii)
Using the pocket penetrometer take seven
(7) readings, eliminate the highest and the lowest and average the remaining
five (5).]
(B)
Soil surveys from the U.S. Department of Agriculture;]
(C)
Values from tables of allowable or presumptive
bearing capacities given in local building codes. Such tables are commonly
available from the local authority having jurisdiction; or]
(D)
Any other test data from soil analysis reports.]
(2)
The footing must be placed on firm, undisturbed
soil, or fill compacted to at least 90% of its maximum relative density. Installation
on loose, noncompacted fill may invalidate the home's limited warranty.]
(3)
Footer configurations:]
Figure: 10 TAC §80.54(h)(3)
]
(4)
Footer sizing and capacities: The following
tables represent maximum loads and spacings based on footer size and soil
bearing capacity. Other approved footers may be used if equal or greater in
bearing area than those footer sizes tabulated. ]
Figure: 10 TAC §80.54(h)(4)
]
(5)
Piers and pier spacings: One of the most important
parts of home installation is proper pier installation. Incorrect size, location
or spacing of piers may cause serious structural damage to the home. Spacing
and location of piers shall be in accordance with the tables listed in these
standards (Table 3B, without perimeter piers; Table 3C, with perimeter piers).]
(A)
Spacing shall be as even as practicable along
each main I-Beam. Pier spacing may exceed tabulated values up to 30% so long
as the total pier count remains the same. End piers are to be located within
24 inches of the end of the main frame.]
(B)
Piers shall extend at least 6 inches from the
centerline of the I-Beam or be designed to prevent dislodgment due to horizontal
movement of less than 4 inches.]
(C)
Load bearing supports or devices shall be listed
by an independent testing laboratory, nationally recognized inspection agency,
or other nationally recognized organization and approved by the department.
Engineers or architects licensed in Texas may design load bearing supports
or devices for a single installation. A copy of the design for this particular
home and site shall be provided to the department before the home is installed,
but department approval is not required.]
(D)
Sidewall openings greater than 4 feet shall
have perimeter piers located under each side of the opening, i.e. patio doors,
recessed porches/entries, bay windows and porch posts. Perimeter piers for
openings are not required for endwalls.]
(6)
Pier design: Piers shall be constructed per
the following details:]
Figure: 10 TAC §80.54(h)(6)
]
(A)
Shimming (if needed): Hardwood shims are commonly
used as a means for leveling the home and filling any voids left between the
bottom flange of the I-Beam and the top of the pier cap. Wedge shaped shims
must be installed from both sides of the I-Beam to provide a level bearing
surface. The allowable height must not exceed 1 inch. Shims shall be a minimum
of 3 inches wide and 6 inches long. Over shimming should be avoided.]
(B)
Table 3B - Pier loads (pounds) at tabulated
spacings WITHOUT perimeter supports:]
Figure: 10 TAC §80.54(h)(6)(B)
]
(C)
Table 3C - Pier loads (pounds) at tabulated
spacings WITH perimeter supports:]
Figure: 10 TAC §80.54(h)(6)(C)
]
(7)
Typical multi-section pier layout:]
Figure: 10 TAC §80.54(h)(7)
]
(8)
Typical single section pier layout:]
Figure: 10 TAC §80.54(h)(8)
]
(9)
Multi-section units mating line column supports:]
(A)
On multi-section units, openings larger than
4 feet must have piers installed at each end of the opening. To determine
the pier loads, refer to Table 3D in subparagraph (D) of this paragraph.]
Figure: 10 TAC §80.54(h)(9)(A)
]
(B)
Column loads for each section may be combined
when the columns are opposite each other. The footer must be sized for the
combined loading.]
(C)
Additional piers are required under marriage
walls (see wall between column #3 and #4 in the Marriage Line Elevation drawing
in subparagraph (A) of this paragraph). The maximum spacing is the same as
the spacing at the main I-Beams, without perimeter piers, and one half the
spacing of the perimeter piers, with perimeter piers installed.]
(D)
Table 3D: Mating line column loads (pounds).]
Figure: 10 TAC §80.54(h)(9)(D)
]
Figure: 10 TAC §80.55(a)
]
Tie materials shall be capable
of resisting an allowable working load of 3,150 pounds with no more than 2%
elongating and shall withstand a 50% overload (4,725 pounds total). Ties shall
have a resistance to weather deterioration at least equivalent to that provided
by coating of zinc on steel of not less than 0.30 ounces per square foot on
each side of the surface coated (0.0005 inches thick), as determined by ASTM
Standards Methods of Test for Weight of Coating on Zinc-coated (galvanized)
Iron or Steel Articles (ASTM A 90-81). Slit or cut edges of zinc-coated steel
strapping are not required to be zinc coated.
] Strapping shall be marked
at least every five feet with the marking described by the certifying engineer
or architect.
All anchoring components must be approved by the department.
Installers shall only use approved anchoring components. An installer may
obtain a list of approved anchoring components from the department, anchor
manufacturer and/or supplier of anchoring components.
]
following details:
]
Figure: 10 TAC §80.55(c)(1)
]
Figure: 10 TAC §80.55(c)(2)
]
Typical
] anchor layout, single
and multi-section units (WIND ZONE I ONLY)
.
[
:
]
Figure: 10 TAC §80.55(d)(1)
]
Table 4A:
]The [
following
] table
in §80.240(a)(1) of this title
describes the maximum spacing for
diagonal ties along each side of the unit.
Figure: 10 TAC §80.55(d)(2)
]
Table 4B: Minimum
] number of diagonal ties required
per side, per unit length. Table based on 2 feet inset of anchors at each
end.
Figure: 10 TAC §80.55(d)(3)
]
approved
] auger anchors cannot be inserted
into a difficult soil after moistening, such as mixed soil and rock or caliche
(heavily weathered limestone) that is not solid rock, [
approved
]
cross drive rock anchors may be used in accordance with the values and notes
for
the table in §80.240(a)(1) of this title
[
Table 4A
in paragraph (2) of this subsection
] modified as follows:
Table 4A
] which will require adding one additional cross
drive rock anchor for each anchor specified for the sides and ends;
approved
] cross drive rock
anchors must be fully inserted, have at least 24 inches of the rod lengths
embedded in the difficult soil, and be restrained from horizontal movement,
when feasible, by a stabilizer plate between the rods and the home; and
Table 5A
] when these units are installed in
Wind Zone II. See also
§1201.256 of the Standards Act
[
§80.50 of this title (relating to Wind Zone Regulations)
]. Items
not specifically addressed in this section are the same as for Wind Zone I
installations.
Figure: 10 TAC §80.55(e)(1)
]
See subsection §80.54(d)
of this title (relating to Standards for the Installation of Manufactured
Homes) for perimeter pier construction.
] Diagonal tie is not required.
table 5A
] for exception), the anchoring system must be approved by the
home manufacturer's installation manual, or designed by a professional engineer
or architect licensed in the state of Texas.
(see Figure 1)
].
See the Diagonal Strap Placement for Piers Exceeding 36 inches in Height figure
in §80.240(b)(5) of this title.
Figure: 10 TAC §80.55(e)(2)(E)
]
(see Figure 2)
].
See the Diagonal
and Vertical Ties figure in §80.240(b)(6) of this title.
Figure: 10 TAC §80.55(e)(2)(F)
]
table 5B (see Figure 5B for detail)
].
See the Typical Installation
Details figure in §80.240(b)(7) of this title for detail.
table 5B
].
Total uplift load may not exceed the anchor and/or strap capacity (i.e., 3150
pounds).
Table 5B: Maximum Centerline
] wall opening for column uplift brackets (see
§80.240(b)(7)
of this title
[
figure 5B
] for typical installation details).
Figure: 10 TAC §80.55(f)(1)
]
Figure
5B
] shows both single and double bracket assemblies for illustration
purposes only. Use a single bracket for openings which exist on one section
only. Use double bracket where openings are opposite each other on two sections
of the home.
(See examples in figure 5C.)
]
(see examples in figure 5C)
],
and they must be angled away from each other a minimum of 12 inches.
See the Anchor Span figure in §80.240(b)(8) of this title for examples.
Figure: 10 TAC §80.55(f)(4)
]
Figure: 10 TAC §80.55(f)(5)(D)
]
Table 4A
] or
the table in §80.240(a)(3)
of this title
[
Table 5A
] as appropriate. The strap(s) may
be connected or wrapped around front or rear chassis header members, around
existing cross members or spring hangers. A strap must be within 3 inches
of where the cross member attaches to the main I-beam. Alternatively, brackets
to receive the strap(s) may be welded to the bottom flange of the main I-beams.
The location of the connection points along the length of the I-beams are
not critical, as long as the number of longitudinal ties required for each
end of each home section are installed with their pull in opposite directions.
No two anchors shall be within 4 ft of each other. No two ties shall be attached
to the same structural member of the home, other than a main longitudinal
frame member or a front or rear chassis header member.
Figure: 10 TAC §80.55(f)(6)(D)
]
Connection ] Standards.
Figure: 10 TAC §80.56(a)(4)
]
table 6A
in paragraph (5) of this subsection
].
Table 6A: Floor connections - Wind Zone I and
II:
]
Figure: 10 TAC §80.56(b)(5)
]
Figure: 10 TAC §80.56(c)(2)
]
Table 56(d)(3)
].
Table 56(d)(3): Roof Connection - Fastener type
and spacing:
]
Figure: 10 TAC §80.56(d)(3)
]
Figure 56(d)(4)
].
Figure: 10 TAC §80.56(d)(4)
]
Figure: 10 TAC §80.56(e)(6)
]
i.e.:
] bottom starter, vertical
or horizontal siding, then roof overhang, soffit and fascia. All closure material
should be fitted and sealed as required to protect the structure or interior
from the elements.
approved
] for such use.
Keep duct as straight as possible to avoid kinks or bends that may restrict
the airflow. Extra length must be cut off.
Figure: 10 TAC §80.56(g)(4)
]
(multi-sections
only)
]:
Figure: 10 TAC §80.56(h)(1)
]
subparagraph (F) in this paragraph
]).
(F)
Typical details:
]
Figure: 10 TAC §80.56(i)(2)(F)
]
approved
] snap or plug-in type;
Alternate bonding: A 4 inch wide by 30 gauge continuous metal strap may be
used as an alternate, when attached to the chassis members with two #8x 3/4
inch self tapping metal screws each end of the strap.
]
Figure: 10 TAC §80.56(j)(2)
]
:
]
Figure: 10 TAC §80.56(j)(3)
]
following
] table
in §80.240(a)(7) of this title
for proper feeder
conductor sizes.
Figure: 10 TAC §80.56(j)(6)
]
Figure: 10 TAC §80.56(k)(2)
]
Approval ] of Stabilizing Components and Systems.
(a) Installers shall use only prefabricated
or site built stabilizing components and systems approved by the department,
specified by the home manufacturer's DAPIA approved installation instructions,
or specified for one or more homes in a particular area by a Texas licensed
engineer or architect.
] Before
accepting a registration of
[
granting approval for
] any prefabricated stabilizing component or system
that will be used for more than one home
or granting renewal of such,
the department will require the component or system to be certified
by an engineer, architect, or independent testing laboratory. The engineer
or architect may be licensed in any state. The independent testing laboratory
must have at least one engineer or architect licensed in at least one state.
The producer or vendor of the component or system [
seeking department
approval
] must send a request letter to the department with at least
two copies of the certification report. The department may accept certification
reports in electronic formats. The certification report copies must have letter
size (8.5 inch by 11 inch) or smaller pages.
The
[
In the request
letter, the
] producer or vendor must
provide written permission
to
[
grant
] the department [
the right
] to reproduce
the certification report. If the department
accepts the registration
of
[
approves
] the certification report, the department shall
place a
registration
stamp [
of approval
] on the copies,
keep one copy, and return all other stamped copies to the producer or vendor.
The
registration
stamp [
of approval
] will
include
[
have
] the following information:
Approved
]
stabilizing component or system"; and
approval
].
(b)
] The department will maintain
a list of stabilizing components and systems that have been
registered
with
[
approved by
] the department for use in Texas.
(c)
] A report that certifies a stabilizing
component or system shall contain, at the minimum, the following:
approval
] stamp on each page or the cover page
of a bound document;
a specific
standard
] adopted by the department. This statement shall be on each
page or shall be on the cover sheet of a bound document.
(d)
] The department adopts the applicable
standards and publications set forth in Chapter 43 of the International Code
Council,
latest edition of the
[
2000
] International
Residential Code for materials used to fabricate stabilizing components and
systems. The department adopts the stabilizing component destruction test
failure criteria of the FMHCSS (24 CFR, Part 3280)
or latest edition
of
[
and
] the [
2000
] International Residential
Code, Appendix E.
(e)
] Applicable reports of the following
organizations are acceptable as certification reports: National Evaluation
Service, Inc.; International Conference of Building Officials (ICBO) Evaluation
Service, Inc.; Southern Building Code Congress International (SBCCI) Public
Safety Testing and Evaluation Services, Inc.; Building Officials and Code
Administrators International (BOCA) Evaluation Reports, Inc.; the International
Code Council (ICC); or a successor of any of these organizations.
(f)
] The department may
deny
registration
[
withhold approval
] if the certification information:
(g)
] Conditions that may cause the
executive director to issue an administrative order that withdraws
registration
[
approval (or a renewal of approval)
] from a stabilizing
component or system may include but are not limited to:
and
]
(h)
] Notice of withdrawal of
registration
[
approval
] of a component or system must be
given to
the producer and to all licensed installers, retailers, and
manufacturers
[
all license holders
].
(i)
] The department's
registration
of a
[
approval letters for
] stabilizing
component or
system is
[
components and systems are
] valid for a period
of ten (10) years or for the time period of certification, whichever is less.
The
registration
[
approval letter
] expires at the end
of the shorter period.
approval
] period, the producer of
the stabilizing
component or system
[
components and systems
] may apply for a renewal of the
registration
[
approval
letter
]. The renewal shall be valid for an additional period:
the effective date of this section
] remain valid
for a period of ten (10) years [
and expire ten (10) years
] following
the
original
effective date of this section
and expire on
November 3, 2008, or upon any previously assigned expiration date if that
date is earlier
.
(j)
]
A registration renewal
request must be received from the
[
The
] vendor or producer
of the component or system [
must apply for a renewal letter
] at
least ninety (90) calendar days prior to the date the
certification or
registration
[
approval letter
] expires
. The request
must
[
and
] supply the information necessary for the department
to issue a
registration
renewal [
letter
]. [
The
department may issue a temporary renewal letter for a period of not more than
six (6) months in order to have time to review all the information submitted
by a producer or vendor. The contents of a renewal letter issued by the department
are as follows:
]
(1)
conditions of the renewal
with a description of the department approval stamp that will appear on the
document shipped by the producer or vendor to purchasers;]
(2)
a unique number or other identification
for the renewal letter;]
(3)
the name, address, phone and
facsimile number of the producer or vendor of the device or system;]
(4)
a description of the continuing
validation system and the time period of the renewal;]
(5)
a reference to the document
(single sheet or bound document) attached to the renewal letter which is shipped
to each purchaser by the producer or vendor which includes:]
(A)
the name, address, phone and facsimile number
of the vendor of the component or system;]
(B)
a description of the vendor's method of marking
the component or system;]
(C)
drawing or photograph of component or system
with a reference to the detailed drawing stamped by an engineer or architect;]
(D)
installation instructions;]
(E)
reference to the initial qualifying test report;]
(F)
reference to a previous Texas approval letter;]
(G)
at least a 2 inch by 4 inch blank space for
the department approval stamp on each page or a cover page for a bound document;]
(H)
description of method for identifying the soil
for ground anchors and footings;]
(I)
a description of the working load capacity
for the component or system;]
(J)
if the component is a ground anchor, a certification
by a professional engineer, architect, or nationally recognized testing laboratory
as to its resistance, based on the maximum angle of diagonal tie and/or vertical
tie loading and angle of anchor installation, and type of soil in which the
anchor is to be installed; and]
(K)
a description of all allowable conditions for
use of the component or system such as (but not limited to) types of soil,
weather exposure, atmospheric environment (rural, industrial, coastal), and
characteristics of other associated devices.]
(k)
]
Registered
[
Approved
] components and systems sold to retailers or installers prior
to the expiration of the applicable
registration
[
approval
letter
] or renewal [
letter
] may be used and installed for
a period of not more than ninety (90) calendar days following the date of
expiration of
their
[
the
] approval
, registration,
or renewal [
letter
].
(l)
] In December of each year, the
department shall mail to all licensed installers, retailers, and manufacturers
a list of all
registered
[
approved
] components and systems
and the date on which the
registration
[
approval letter
]
for each component or system expires.
(1)
If the alteration is not approved,
the department will notify the retailer in writing of the reason for the denial.
If additional information is necessary to complete the evaluation of the request
for approval, the retailer shall furnish any additional information deemed
necessary by the department.]
(2)
If the alteration is approved,
the alteration shall be completed in accordance with the department's approval
and any requirements made as a condition of the approval. Following completion
of an approved alteration, the retailer shall notify the department in writing,
and the department may accept the certification of the retailer that the alteration
was made as approved. The department may inspect the home, as altered, to
assure compliance with the applicable standards.]
the
] specific
written
instructions
, including specified tonnage, provided by one of the following:
[
of the manufacturer of the home as approved by the manufacturer's DAPIA, and
if the specific equipment and devices used have been expressly approved by
the manufacturer's DAPIA.
]
(c)
Other than as set forth in
subsection (b) of this section, the installation of self-contained or split
system ("A" coil) comfort cooling equipment and devices is an alteration and
is pre-approved if done by a state licensed air conditioning contractor.]
(d)
] If the sale of a home includes
air conditioning, the selling retailer shall maintain in the sales file a
copy of the installation instructions that were followed as well as a
record
of the name and license number of the air conditioning contractor which installed
the air conditioning system.
home document of title
] at the option of the department
after inspection in accordance with department procedures. Notification in
writing to the department at its Austin headquarter's office shall be required
before rebuilding/repair begins.
working
] days before rebuilding (or monthly for continuous
activity) and provide the following, if available:
(d)
Any person who purchased a
rebuilt manufactured home and received a salvage title as evidence of ownership
after June 18, 1987, may be issued a document of title upon application to
the department.]
(e)
] A manufactured home which has
not sustained sufficient damage to be declared salvage may be refurbished
to its original structural configuration so that it is habitable as defined
by §1201.453 of the Standards Act.
Subchapter E. GENERAL REQUIREMENTS
warrant
] the proper installation of
the home. If the retailer subcontracts with an independent licensed installer,
then the subcontractor is jointly and severally liable for the portion of
the installation that the subcontractor performed.
warrant
] the proper installation of the home. If
the contracting installer subcontracts with an independent licensed installer,
then the subcontractor is jointly and severally liable for the portion of
the installation that the subcontractor performed. The contracting installer
is responsible to furnish the consumer with
a written certification
[
the installation warranty
] and site preparation notice. All verification
and copies of the
written certification
[
installation warranty
] and site preparation notice must be maintained in the installer's
installation file for a period of no fewer than six (6) years from the date
of installation.
foundation
] systems,
whether temporary or permanent, and the placement and erection of the used
home and its components on the
stabilization
[
foundation
]
system.
e.g.
], F.O.B. the sales location). In this case,
the retailer shall not perform any installation functions nor transport the
home to the home site.
not completed until possession of the home is tendered
] to the consumer
for possession
at the home site.
(e)
] Electrical, fuel, mechanical,
and plumbing system crossover connections for multi-section homes, and
completion
[
completions
] of drain lines underneath all homes
in accordance with
the requirements of this chapter
[
DAPIA
approved on-site assembly drawings
] are installer responsibilities and
cannot be excluded by wording of the installation contract. The installation
of air conditioning at the home site must be performed by a licensed air conditioning
contractor. The installation and ventilation of skirting or other material
that encloses the crawl space underneath a manufactured home is an installer
responsibility, if it is part of the sales or installation contract.
(f)
For all secondary moves (where
there is no title transfer) the Notice of Installation and the required fee
must be submitted to the department within ten (10) working days after the
installation is completed.]
(g)
When the installer selects
the department to inspect the permanent foundation before concealment, the
installer shall file an application to install a manufactured home on a permanent
foundation on a form approved by the department. The required fee for the
permanent foundation installation report shall be forwarded with the application.
After the department inspects the permanent foundation and indicates acceptance
of the permanent foundation on the form, the title company, attorney, retailer,
or retailer's agent later files the Notice of Installation, including a copy
of the form, with the public land records of the county and forwards a copy
to the department. The reporting fee does not have to be paid to the department
again.]
(1)
Unless the retailer/installer follows the home
installation manual or a department pre-approved foundation systems, a copy
of the foundation system drawing as stamped and signed by the licensed engineer
or architect must be filed with the application.]
(2)
The application must be received by the department
at least ten (10) calendar days prior to the date on which construction of
the permanent foundation system is scheduled to begin.]
(3)
Installers shall provide a copy of the application
and the foundation system drawing to the department inspector at the time
an inspection is performed.]
(4)
If the permanent foundation system design is
approved by the authorized local government official and if the applicable
building inspection fees are paid to the local government, the provisions
of this section do not apply. The installer must, however, file a sworn statement
of these facts with the Notice of Installation.]
(5)
If the permanent foundation for a home acquired
and installed before January 1, 2002 is certified by the consumer/mortgagor
and the lender/mortgagee in a real estate transaction, or is certified by
the owner if there is no lien or the lien has been released, as having permanently
affixed the structure to the real estate, the provisions of this section do
not apply. The installation reporting fee must be paid and sent to the department
along with the certification.]
(6)
When specifically requested in writing by the
department with a Department Real Estate Inspection Request Form, a contracting
local government shall make and perform inspection and enforcement activities
related to the construction of the foundation that permanently affixes a manufactured
home to real estate. If the permanent foundation system and other site improvements
are inspected and accepted by a contracting local government official before
concealment, the local government records may be the verification required
by §1201.222(c) of the Standards Act. The retailer/installer must file
a Notice of Installation, including a copy of the local government inspection
report, with the public land records of the county and forward a copy of the
Notice of Installation to the department with the reporting fee.]
(7)
If the site suitability, site preparation,
site improvement, foundation construction, and installation for a home acquired
on or after January 1, 2002 are verified by a retailer or installer, the provisions
of this section do not apply, but the title company, attorney, retailer, or
retailer's agent must file a Notice of Installation with the public land records
of the county and forward a copy of the Notice of Installation to the department
with the reporting fee.]
Submit the reports required by §80.203
of this title (relating to Manufacturer's Monthly Shipment Report);
]
§80.51
] of this title (relating to [
Manufactured Home Installation
] Requirements
for Manufacturer's Designs and Installation Instructions
).
§80.50 of this title (relating to Wind Zone Regulations)
];
by §80.181 of this title (relating to
Section 162 Notice)
] was provided to the purchaser prior to completing
a credit application;
by §80.182 (relating to 163 Disclosure)
] be delivered to the consumer at least 24 hours before execution of
the contract in a chattel mortgage or consumer loan transaction;
(d)
] of this title (relating to Procedures for Alterations); [
and
]
.
]
(D)
verification of delivery of
conspicuous notice relating to defect or damage under the new home warranty
as required by §1201.359(b) of the Standards Act.]
were
] given to the consumer prior to signing of any binding retail installment
sales contract or other mutually binding agreement
.
[
, if the
retailer contracted for the installation as a part of the sales agreement;
and
]
(C)
verification that the purchaser
received the retailer's installation warranty if the retailer contracted for
the installation as a part of the sales agreement.]
new homes or used
] homes manufactured
on or after September 1, 1997, a manufactured housing license holder shall
not contract for sale or installation of any home [
under which the home
would be
] installed in a wind zone, thermal zone, or roof load zone
other than that allowed on the data plate.
bona fide
] service facility.
procedural and enforcement regulations promulgated
by HUD,
] and capable of providing warranty service within the reasonable
time requirements set by the department
in §80.132 of this title
(relating to Procedures for Handling Consumer Complaints)
, and shall
be subject to periodic review and inspection by department personnel.
certificate or document of title
] has been issued
and is outstanding shall be licensed as a manufactured housing broker. An
application for license shall be submitted on the form required by the department
and be completed giving all the requested information. The application shall
be accompanied by the required security, Articles of Incorporation or Assumed
Name Certificate, and payment of the license fee. Each office location of
the broker shall be licensed and proper security posted unless an office is
on property which is contiguous to or located within 300 feet of an office
licensed with the department.
A copy of
the home manufacturer's installation instructions, custom designed installation
instructions stamped by a Texas licensed professional engineer or architect,
or an installation plan with details and specifications conforming to the
state's generic standards shall accompany the application.
]
, except salespersons,
] shall attend and
complete 20 hours of educational instruction as required by the Standards
Act and this chapter. A manufacturer may request a one-day in-plant training
session be presented by the department in lieu of completing the instruction
requirement. The license will not be issued until the owner, partner, corporate
officer, or other person who will personally have the day-to-day management
responsibility for the business location, or the salesperson to be licensed,
attends and completes this educational requirement. Except as provided in §80.123(o)
of this title (relating to License Requirements)
, this section shall
not apply to the renewal of licenses, nor to the license of additional business
locations.
and, therefore, must be certified as having
completed eight (8) hours of approved continuing education each year in order
to renew any license as a retailer, broker, or salesperson on or after January
1, 2005
]:
Department
] may require.
working
] days of the date of the board meeting, including a written
statement as to any limitations, conditions, or other requirements imposed.
working
] days after receipt
of all required information and the following conditions have been met:
working
] days if all conditions for license have been met.
working
] days.
A retailer or broker must not advertise any interest rate
or finance charge which is not expressed as an annual percentage rate and
must comply with the disclosure requirements of the federal Truth-in-Lending
Act.
]
working
] days
of the Proposal for Decision, with replies to be filed ten (10)
business
[
working
] days after the filing of exceptions.
Department
] seeks to take action
against a licensee for violating the Standards Act or these rules, whether
such action is an action to assess administrative penalties, to require corrective
action, to require cessation of improper activities, to suspend or revoke
a license, or any combination thereof, the
department
[
Department
] shall assess the costs of the proceeding against any party that fails
to appear at a duly noticed administrative hearing. The costs assessed shall
be the greater of $100 or the actual costs charged to the
department
[
Department
] by the State Office of Administrative Hearings,
the Office of the Attorney General, any court reporter, or any other third
party providing services in connection with such hearing.
Department
] will
seek the recovery of its costs from any party against whom it initiates an
action if that action results in the entry of a final order taking any administrative
action against that party, including the assessment of administrative penalties,
requiring corrective action, requiring cessation of improper activities, suspension
or revocation of a license, or any combination thereof.
that
] if the matter involves an imminent safety hazard[
, it must be addressed as quickly as is reasonably possible
].
Department
] perform an inspection of the home.
The running of the time to respond to the request for warranty service will
be suspended from the time the request for inspection is received until the
department
[
Department
] performs the inspection and issues
its findings. When the
department
[
Department
] concludes
its review it will work with the affected licensee(s) and consumer(s) to agree
upon a reasonable time to address its findings. In the event the parties cannot
agree on a reasonable time, the Director shall issue a revised order assigning
a time for compliance. Any such order shall be subject to appeal and a hearing.
Any such hearing shall be a contested case under Tex.Gov.Code, Chapter 2001.
working
] days of the filing date, it shall be deemed properly filed.
the time the contract
for sale is signed
].
received by the manufacturer, retailer, or installer within forty (40) calendar
days following the end of
] the one (1) year warranty period for new
homes and for used homes within sixty (60) calendar days after the date of
the sale
or such longer time as may be provided for in the terms and
conditions of the warranty documents
.
in writing
], the department will
forward
the
[
instruct the consumer to provide
] written notification
to the manufacturer, retailer, or installer and give the license holder a
reasonable amount of time to make repairs.
, by certified mail, return receipt requested
]. The department shall also include in the certified mail the "Manufacturer's
Response Form" or "Retailer's Response Form," as appropriate, which must be
completed and returned to the department within ten (10)
business
[
working
] days. The department shall perform a home inspection, if required.
If a home inspection is performed, the department will assign responsibilities
for repair, and notify the manufacturer, retailer, installer, and consumer
of their responsibilities to complete such warranty or service repair in accordance
with §80.131(b) of this title (relating to Correction Requirements).
if the consumer has
not been provided proper warranty service. The department may require that
the request be in writing on a form provided by the department. If the department
has reason to believe that the consumer complaint is covered by a warranty
of a license holder, the department shall conduct a home inspection. There
is no fee for an inspection performed at the request of the consumer when
the department determines that a home inspection is warranted.
]
working
]
days following the consumer complaint home inspection, the department shall
mail its written report and orders (includes amended reports and orders),
if any, to the consumer, manufacturer, retailer, and installer by certified
mail, return receipt requested.
working
] days
of the date of receipt of the notice of request for extension, the extension
has been granted.
Department
],
properly completed and executed.
Department
] for three years;
Department
] within ten (10) days of completion; and
Department
] shall take appropriate steps to make sure that the claim
is proper and that all reasonable steps to satisfy the claim have been exhausted.
In that regard:
Department
], working
with the consumer, shall identify the specific section(s) of law or rule that
gave rise to the damages;
Department
] shall review the fee
statement(s), which must indicate the specific services performed, the amount
of work required, and the hourly rate(s) charged. Fees not directly relating
to efforts to recover the unsatisfied claims are not reimbursable.
Department
] shall
require reasonable proof of efforts to collect the damages for which reimbursement
from the Fund is sought.
Department
] may require
the assignment of claims against licensees for any amounts for which payments
are made from the Fund. The
department
[
Department
]
may re-assign any and all such claims to any bonding company or other surety
that reimburses the Fund for such payments.
Department
] may enter into agreements with one or more licensees to perform such
work after requesting bids from the qualified licensee(s) in the immediate
area where the work is to be performed or if, because of the scope and nature
of the work, there are no qualified local licensees, with such other licensees
as may possess the resources and expertise to submit bids and perform the
work. If the only acceptable remedy is the replacement of a home, the
department
[
Department
] may negotiate with qualified manufacturers
to identify the lowest cost acceptable resolution.
Department
] shall
notify each licensee that has been assigned responsibility for warranty items,
provided that the licensee still holds an active license, by notifying the
licensee, by regular mail to their address of record, as on file with
department
[
Department
]. If a party to be notified of an
inspection is no longer licensed but has left a mailing address on file with
the
department
[
Department
], such party shall be given
notice of any such inspection by first class mail to that address.
Department
].
Department
]
will, in addition to notifying their surety, notify them of the time and place
of the inspection. Such notification to the out-of-business licensee shall
be sent to them at their latest business address of record on file with the
department
[
Department
]. Unless the out-of-business licensee
advises the
department
[
Department
], in writing, on
or before the date of the inspection or actually attends the inspection, the
department
[
Department
] will re-assign the warranty work,
if any, arising from the findings of the inspection to the retailer or manufacturer
who is not out-of-business. The party to whom the warranty work is re-assigned
shall perform the warranty work and shall be a consumer, as provided for in §1201.358(d)
of the Standards Act, entitled to be reimbursed from the Fund.
Department
] shall file a claim under the bond of the party
primarily responsible for the unsatisfied claim. In the case of re-assigned
warranty work reimbursed by the Fund, the claim shall be against the bond
of the party that is no longer in business or whose license has been revoked.
The seller must surrender the title and
HUD label or Texas Seal, or a statement that there was no label or seal, to
the department along with the required fee and an application to cancel the
title to business use, before the home is auctioned.
]
Subchapter F. CONSUMER NOTICE REQUIREMENTS
A
] licensee may rely on a signed acknowledgement
from a consumer, executed after the right of rescission has expired, confirming
that the right expired without being exercised.
Subchapter G. STATEMENTS OF OWNERSHIP AND LOCATION Lien Information ].
(a)
Inventory Financing Liens.]
(1)
] A lien and security interest
on manufactured homes in the inventory of a retailer, as well as to any proceeds
of the sale of those homes, is perfected by filing an inventory finance security
form approved by the department and in compliance with these sections.
(2)
] The creditor-lender financing
the inventory and the retailer must execute a security agreement which expressly
sets forth the rights and obligations of the two parties in the inventory
finance arrangement.
(3)
] The inventory finance security
form shall contain the following:
(A)
] signatures of both the retailer
and the creditor-lender;
(B)
] the name, sales location, address,
and license number of the retailer; and
(C)
] the name and address of the
creditor-lender.
(4)
] A separate form must be filed
for each licensed sales location.
(5)
] For manufactured homes for
which no Statement of Ownership and Location or Document of Title has been
issued, the filing of the inventory-finance security form perfects a security
interest in all manufactured homes, whether then owned or thereafter acquired,
as well as to any proceeds of the sale of those homes, provided that:
(A)
] the home is financed by the
creditor-lender;
(B)
] the creditor-lender has advanced
any funds for the home; or
(C)
] the creditor-lender has incurred
any obligation for the home.
(6)
] This security interest attaches
to a particular manufactured home only when the act described in either
subsection (e)(1), (2), or (3) of this section
[
paragraph (5)(A),
(B), or (C) of this subsection
] would either:
(A)
] enable the retailer to acquire
the manufactured home;
(B)
] pay the existing balance of
a creditor-lender for funds secured by a security interest in the manufactured
home;
(C)
] in the event that the retailer
and manufacturer are the same entity, pay funds to the manufacturer-retailer
after completion of the manufacture of the manufactured home; or
(D)
] in the event that the retailer
has no debt owed against the inventory, enable the retailer to use the manufactured
home as security for a new debt.
(7)
] No provision in the security
agreement between the parties to an inventory financing arrangement shall
in any way modify, change, or supersede the requirements of this section for
the perfection of security interests in manufactured homes in the inventory
of a retailer.
(b)
Release of Liens.]
(1)
The lienholder of a lien recorded on a Statement
of Ownership and Location shall deliver a properly executed release of lien
form prescribed by the department to the owner of record within thirty (30)
calendar days of the satisfaction of the debt or obligation secured by the
lien.]
(2)
The lien recorded on a Statement of Ownership
and Location shall be released by the department upon receipt of a release
of lien form properly executed by the lienholder of record, and a new Statement
of Ownership and Location shall be issued.]
(c)
Foreclosure or Repossession.]
(1)
In the event of sale after either foreclosure
or repossession of a manufactured home that is not real property, the department
shall issue a new Statement of Ownership and Location upon receipt of a properly
executed application containing the following information:]
(A)
The description of the home along with an indication
of whether the home is a foreclosure or repossession;]
(B)
The name and address of the lienholder and
name of the person authorized to sign for the lienholder;]
(C)
An indication of whether the home was repossessed
by judicial order or sequestration. A true copy of the order or bill of sale
shall be attached; and ]
(D)
A certification that:]
(i)
the home will be sold from a licensed retailer’s
location; or]
(ii)
the seller is not required to be licensed
under Subchapter C of the Standards Act.]
(2)
In the event of foreclosure or repossession
of a manufactured home that is not real property, the department will not
issue a new Statement of Ownership and Location until receipt of release of
lien.]
(d)
Right of Survivorship: If
two or more eligible persons are shown as purchasers or transferees, they
may execute the right of survivorship election on an application for a Statement
of Ownership and Location. Such election constitutes an agreement for the
right of survivorship. If the survivorship election is taken, then the department
will issue a new Statement of Ownership and Location to the surviving person(s)
upon receipt of a copy of the death certificate of the deceased person(s),
and a properly executed application for Statement of Ownership and Location,
and the applicable fee.]
Subchapter H. TABLES AND FIGURES
Subchapter I. FORMS
Chapter 80.
MANUFACTURED HOUSING
Subchapter E. GENERAL REQUIREMENTS
Subchapter F. CONSUMER NOTICE REQUIREMENTS