Texas Register
(31 TexReg 10). These amendments
are adopted without changes and will not be republished.
The amendments are necessary to implement statutory changes made by Senate
Bill 443, 79th Legislature, Regular Session, which took effect September 1,
2005. The amendments also clarify and update requirements for manufacturers
and builders of industrialized housing and buildings. These amendments were
approved by the Industrialized Building Code Council on November 16, 2005.
The proposed new rules were published in the
Texas Register
on January 6, 2006 and the comments period closed on
February 6, 2006.
The amendment to §70.10(a) removes language from the definition of
"commercial structure" that excluded certain types of buildings. The substance
of this language is moved to the list of exemptions in §70.30(a). The
amendment is necessary to reflect changes made by Senate Bill 443, 79th Legislature,
to §1202.003 of the Texas Occupations Code.
Also in §70.10(a), the definition of "industrialized builder" is amended
to include a person who purchases industrialized housing and buildings from
other industrialized builders. The purpose of this change is to recognize
that industrialized builders may purchase industrialized housing and buildings
for sale or lease to the public from either manufacturers or other industrialized
builders.
The amendments to §70.20(5) require an industrialized builder to notify
the Department when a module or modular component is sold to another industrialized
builder and when an industrialized manufacturer takes possession of units
previously reported as shipped to an industrialized builder. The amendments
are to clarify that the rule encompasses a sale to another industrialized
builder. The amendments also clarify that transfers to a manufacturer must
be reported to the Department so that the Department may assure compliance
with the installation and site inspection requirements of the statute and
rules.
The amendments to §70.30(a) add to the list of exemptions commercial
structures that are installed in a manner other than on a permanent foundation
and are either not open to the public or less than 1,500 square feet in total
area and used other than as a school or a place of religious worship. In addition,
the exemption for "construction site office buildings" is changed to "construction
site buildings." The amendments are necessary to implement statutory changes
made by Senate Bill 443 to §1202.001 and §1202.003 of the Texas
Occupations Code.
The amendment to §70.50(b) requires an industrialized builder to report
to the Department when the builder sells or transfers a unit to another registered
person. An amendment adds new subsection (e) requiring a manufacturer to report
on its monthly report the disposition of units previously reported as shipped.
The amendments are necessary to clarify that the rule encompasses a sale to
another person and to assure that manufacturers report the disposition of
repossessed units.
The amendments to §70.60 restate the purpose of a certification inspection,
divide subsection (a) into two subsections (a) and (b), and re-letter existing
subsections (b) and (c). The amendments also require both the manufacturer
and the third party inspection agency responsible for in-plant inspections
to assure that conditions of certification are met, require the addition of
conditions of certification to the plant certification report, and require
that a non-compliance report be issued when a certification team determines
that a manufacturer is not capable of meeting the certification requirements.
The amendments are necessary to provide a clearer understanding of the purpose
of the certification inspection and the requirements to become certified.
The amendments to §70.70(d) require a manufacturer to provide critical
load points for the attachment of an industrialized house or building to the
foundation, rather than requiring the manufacturer to provide a foundation
design. The amendments also require the manufacturer to provide minimum requirements
for connection and attachment of all modules and modular components to the
foundation system. The amendments are necessary because a manufacturer generally
does not have enough information about the installation site to provide a
relevant foundation design. New subsection (e) is added to §70.70 requiring
foundation system designs by licensed Texas engineers or architects and specifying
the minimum information required in a foundation system design. The amendment
is necessary to assure compliance of the foundation system with the mandatory
building codes, since review of the foundation system design by a design review
agency is not required, and to assure that the foundation system design contains
all applicable information required for the industrialized builder to properly
install the industrialized housing or building. The amendments concerning
unique on-site details re-letter this provision as subsection (f), remove
the requirements for foundation system designs, and add the requirement that
unique on-site details shall comply with the mandatory building codes. The
amendments are necessary since foundation requirements were added to new subsection
(e), and the amendments are necessary to clarify that construction on-site
must also comply with the mandatory building codes.
For consistency with changes to §70.70, the amendments to §70.73(a)
require that industrialized housing and buildings sited within a municipality
comply with the foundation system design and any unique on-site details. Similarly,
the amendments to §70.73(b) require industrialized housing and buildings
sited outside the jurisdiction of a municipality to comply with the foundation
system design and any unique on-site details. Paragraphs (1) and (2) are added
to §70.73(b) to indicate when site inspections are required outside the
jurisdiction of a municipality. The new paragraphs are necessary to implement
statutory changes made by Senate Bill 443 to §1202.203 of the Texas Occupations
Code. Section 1202.203 now specifies that the Commission is to determine by
rule if on-site inspections are required for industrialized buildings located
outside a municipality.
The amendment to §70.75(a) requires that the manufacturer provide
the builder or installation permit holder a set of approved plans as necessary
to complete construction of the house or building and that the approved plans
shall include critical load points for attachment of the house or building
to the foundation. This amendment is necessary to correlate with the amendments
to §70.70 and to clarify the requirements for documentation provided
to the industrialized builder or installation permit holder. The amendments
to §70.75(b) require the industrialized builder to provide certain documentation
to either the purchaser or installation permit holder, including a copy of
the foundation system design and any unique on-site details. These amendments,
and a corresponding amendment to subsection (d), are necessary for consistency
with the amendments to §70.70 and to assure that installation permit
holders are also provided with necessary documentation.
The department drafted and distributed the proposed rules to persons internal
and external to the agency. No comments were received in response to the proposed
amendments.
The amendments are adopted under Texas Occupations Code, Chapters
51 and 1202, which authorizes the Commission to adopt rules as necessary to
implement these chapters and any other law establishing a program regulated
by the Department. In particular, the adopted rules implement provisions of
Senate Bill 443, 79th Legislature, Regular Session.
The statutory provisions affected by the adoption are those set forth in
Texas Occupations Code, Chapters 51 and 1202. No other statutes, articles,
or codes are affected by the adoption. No other statutes, articles, or codes
are affected by the adoption.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 12, 2006.
TRD-200602658
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Effective date: June 1, 2006
Proposal publication date: January 6, 2006
For further information, please call: (512) 463-6208