16 Tex. Admin. Code § 70.10 - Definitions
(a) The following words and terms, when used
in this chapter, shall have the following meanings, unless the context clearly
indicates otherwise.
(1) 100%
inspection--Inspection of each module or modular component at each and every
stage of construction including, but not limited to, framing, mechanical,
plumbing, electrical, energy compliance systems, and system testing.
(2) Alteration--Any construction, other than
ordinary repairs of the house or building, to an existing industrialized house
or building after affixing of the decal by the manufacturer or REF builder.
Industrialized housing or buildings that have not been maintained shall be
considered altered.
(3) Alteration
decal--The approved form of certification issued by the department to an
industrialized builder to be permanently affixed to an industrialized building
module indicating that alterations have been constructed to meet or exceed the
code requirements and in compliance with this chapter.
(4) Building site--A lot, the entire tract,
subdivision, or parcel of land on which industrialized housing or buildings are
sited.
(5) Building system--The
design and/or method of assembly of modules or modular components represented
in the plans, specifications, and other documentation which may include
structural, electrical, mechanical, plumbing, fire protection, and other
systems affecting health and safety.
(6) Chapter 1202--Texas Occupations Code,
Chapter 1202, Industrialized Housing and Buildings.
(7) Closed construction--That condition where
any industrialized housing or building, modular component, or portion thereof
is manufactured in such a manner that all portions cannot be readily inspected
at the site without disassembly or destruction thereof.
(8) Commercial structure--An industrialized
building classified by the mandatory building codes for occupancy and use
groups other than residential for one or more families.
(9) Compliance Control Program--The
manufacturer's system, documentation, and methods of assuring that
industrialized housing, buildings, and modular components, including their
manufacture, storage, handling, and transportation conform with Chapter 1202
and this chapter.
(10) Construction
Documents--The aggregate of all plans, specifications, calculations, and other
documentation required to be submitted to the design review agency for
compliance review to the mandatory building code.
(11) Component--A sub-assembly, subsystem, or
combination of elements for use as a part of a building system or part of a
modular component that is not structurally independent, but may be part of
structural, plumbing, mechanical, electrical, fire protection, or other systems
affecting life safety.
(12)
Decal--The approved form of certification issued by the department to the
manufacturer or REF builder to be permanently affixed to the module or to a
site-built REF indicating that it has been constructed to meet or exceed the
code requirements and in compliance with this chapter.
(13) Design package--The aggregate of all
plans, designs, specifications, and documentation required by these sections to
be submitted by the manufacturer to the design review agency, or required by
the design review agency for compliance review, including the compliance
control manual and the on-site construction documentation. Unique or site
specific foundation drawings and special on-site construction details prepared
for specific projects are not a part of the design package.
(14) Design review agency--An approved
organization, private or public, determined by the council to be qualified by
reason of facilities, personnel, experience, demonstrated reliability to review
designs, plans, specifications, and building systems documentation, and to
certify compliance to these sections evidenced by affixing the council's
stamp.
(15) Final on-site
inspection report--A report issued by a council-approved inspector, or a record
of final inspection issued by a municipal building inspection department,
indicating that the inspection of the on-site construction was successful in
accordance with §70.73.
(16)
IAS--International Accreditation Service.
(17) ICC--International Code Council,
Inc.
(18) ICC ES--International
Code Council Evaluation Services.
(19) Industrialized builder--A person who is
engaged in the assembly, connection, and on-site construction and erection of
modules or modular components at the building site or who is engaged in the
purchase of industrialized housing or buildings modules or modular components
for sale or lease to the public. An industrialized builder also includes a
person who assembles and installs site-built REFs that are moved from the
initial construction site.
(20)
Insignia--The approved form of certification issued by the department to the
manufacturer to be permanently affixed to the modular component indicating that
it has been constructed to meet or exceed the code requirements and in
compliance with the sections in this chapter.
(21) Installation--On-site construction of
industrialized housing or buildings. (see definition of on-site
construction).
(22) Lease, or offer
to lease--A contract or other instrument by which a person grants to another
the right to possess and use industrialized housing or buildings for a
specified period of time in exchange for payment of a stipulated
price.
(23) Local building
official--The agency or department of a municipality or other local political
subdivision with authority to make inspections and to enforce the laws,
ordinances, and regulations applicable to the construction, alteration, or
repair of residential and commercial structures.
(24) Manufacturer--A person who constructs or
assembles modules or modular components at a manufacturing facility which are
offered for sale or lease, sold or leased, or otherwise used.
(25) Manufacturing facility--The place other
than the building site, at which machinery, equipment, and other capital goods
are assembled and operated for the purpose of making, fabricating,
constructing, forming, or assembly of industrialized housing, buildings,
modules, or modular components.
(26) Model--A specific design of an
industrialized house, building, or modular component which is based on size,
room arrangement, method of construction, location, arrangement, or size of
plumbing, mechanical, or electrical equipment and systems therein in accordance
with an approved design package.
(27) Module--A three dimensional section of
industrialized housing or buildings, designed and approved to be transported as
a single section independent of other sections, to a site for on-site
construction with or without other modules or modular components.
(28) Modular building--Industrialized housing
and buildings as defined in Texas Occupations Code §
1202.002 and §
1202.003, and any
relocatable, educational facility as defined in §1202.004, regardless of
the location of construction of the facility.
(29) NFPA--National Fire Protection
Association.
(30) Non site-specific
building--An industrialized house or building for which the permanent site
location is unknown at the time of construction.
(31) On-site construction--Preparation of the
site, foundation construction, assembly and connection of the modules or
modular components, affixing the structure to the permanent foundation,
connecting the structures together, completing all site-related construction in
accordance with designs, plans, specifications, and on-site construction
documentation.
(32) Open
construction--That condition where any house, building, or portion thereof is
constructed in such a manner that all parts or processes of manufacture can be
readily inspected at the building site without disassembly, damage to, or
destruction thereof.
(33) Permanent
foundation system--A foundation system for industrialized housing or buildings
designed to meet the applicable building code as set forth in
§§70.100, 70.101, and 70.102.
(34) Permanent industrialized building--An
industrialized building that is not designed to be transported from one
commercial site to another commercial site.
(35) Permit, Alteration--A registration
issued by the department to a person who is responsible for the alteration
construction of industrialized housing, buildings or site-built REFs and who is
not also registered as an industrialized builder.
(36) Permit, Commercial Installation--A
registration issued by the department to a person who purchases an
industrialized building for the person's own use and who assumes responsibility
for the installation of the industrialized building.
(37) Permit, Residential Installation--A
registration issued by the department to a person who purchases an
industrialized house for the person's own use and who assumes responsibility
for all or part of the construction relating to the installation of the
industrialized house.
(38)
Person--An individual, partnership, company, corporation, association, or any
other legal entity, however organized.
(39) Public--The people of the state as a
whole to include individuals, companies, corporations, associations or other
groups, however organized, and governmental agencies.
(40) REF, Site-built--A relocatable
educational facility (REF) as defined by Texas Occupations Code §
1202.004 that is
constructed at the first installation site by an REF builder.
(41) REF Builder--A person who constructs
REFs at the first installation site. A person who assembles REFs constructed in
a manufacturing facility is not an REF builder.
(42) Registrant--A person who, or which, is
registered with the department pursuant to the rules of this chapter as a
manufacturer, a REF builder, an industrialized builder, a design review agency,
a third party inspection agency, a third party inspector, a third party site
inspector, or a permit holder.
(43)
Residential structure--Industrialized housing designed for occupancy and use as
a residence by one or more families.
(44) Sale, sell, offer to sell, or offer for
sale--Includes any contract of sale or other instrument of transfer of
ownership of property, or solicitation to offer to sell or otherwise transfer
ownership of property.
(45) Site or
building site--A lot, the entire tract, subdivision, or parcel of land on which
industrialized housing or buildings are sited.
(46) Special conditions and/or
limitations--On-site construction documentation which alerts the local building
official of items, such as placement of the building on the property or the
requirements for roof ventilation, which may need to be verified by the local
building official for conformance to the mandatory building codes.
(47) Structure--An industrialized house or
building that results from the complete assemblage of the modules or modular
components designed to be used together to form a completed unit.
(48) Third party inspection agency (TPIA)--An
approved person or entity determined by the council to be qualified by reason
of facilities, personnel, experience, demonstrated reliability, and
independence of judgment to inspect industrialized housing, building,
site-built REFs, and portions thereof for compliance with the approved plans,
documentation, compliance control program, and applicable codes.
(49) Third party inspector (TPI)--An approved
person determined by the council to be qualified by reason of experience,
demonstrated reliability, and independence of judgment to inspect
industrialized housing, buildings, site-built REFs, and portions thereof for
compliance with the approved plans, documentation, compliance control program,
and applicable code. A third party inspector works under the direction of a
third party inspection agency or TPIA.
(50) Third party site inspector (TPSI)--An
approved person determined by the council to be qualified by reason of
experience, demonstrated reliability, and independence of judgment to inspect
construction of REFs or the foundation and installation of industrialized
housing, buildings, and portions thereof for compliance with the approved plans
or engineered plans and the applicable code.
(51) Unique on-site construction
details--Construction details that are not part of, or that differ from, the
manufacturer's approved on-site construction details or REF builder's approved
construction plans. Unique on-site construction details include additions that
may affect the code compliance of the house or building such as car ports,
garages, porches, decks, and stairs.
(b) Other definitions may be set forth in the
text of the sections in this chapter. For purposes of these sections, the
singular means the plural, and the plural means the singular.
(c) Where terms are not defined in this
section or in other sections in this chapter and are defined in the mandatory
building codes as referenced in § 70.100, such terms shall have the
meanings ascribed to them in these codes unless the context as the term is used
clearly indicates otherwise. Where terms are not defined in this section or
other sections in this title or in the mandatory building codes, such terms
shall have ordinarily accepted meanings such as the context implies.
Notes
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