16 Tex. Admin. Code § 70.60 - Responsibilities of the Department-Plant Certification
(a) Each separate manufacturing facility will
go through a certification inspection before decals or insignia will be
released to the manufacturer.
(b) A
change in address of a certified manufacturer will require review and possible
recertification or partial certification inspection of the plant at the new
location.
(c) The executive
director may authorize 100% inspection of industrialized housing or buildings
constructed by an uncertified manufacturer in lieu of certification and a
compliance control program as required by § 70.70(c) in accordance with
the following.
(1) The 100% inspection may be
approved only in the following circumstances:
(A) the house or building is required to aid
in a disaster that has been officially declared by the United States
government, a state government, or a political subdivision of either;
(B) the US State Department has issued travel
warnings for travel outside of the United States relating to or affecting the
location of the plant to be certified;
(C) the industrialized house or building is a
one-time project and the manufacturer certifies to the department that it will
not construct additional industrialized housing or buildings for placement in
this state without going through the certification inspection process;
and
(D) other extenuating
circumstances if approved by the executive director. If the executive director
does not approve a request under this subsection, the manufacturer may ask the
council to approve the 100% inspection.
(2) The manufacturer must still register as a
manufacturer in accordance with § 70.20.
(3) Plan review and approval will still be
required in accordance with § 70.70.
(4) The manufacturer will purchase decals for
the unit or units in accordance with § 70.77 with the following
exceptions:
(A) the decals will not be
released until the manufacturer has provided the industrialized builder
registration number or installation permit number of the person who purchased
the unit and who will be responsible for the on-site construction;
(B) the decal will not be released until all
inspection fees have been paid; and
(C) the decals will be released only to the
inspector for attachment to the units upon completion of a successful final
inspection.
(5) The 100%
inspection will be conducted by inspectors designated by the department and may
include department personnel or approved third-party inspectors. Inspections
will be completed in accordance with procedures approved by the
council.
(6) Inspections performed
by third party inspectors shall be audited by department staff.
(d) The plant certification
inspection will be conducted by a certification team designated by the
department. The team shall consist of:
(1) a
team leader, who is either a department employee, an engineer, or other
qualified person as determined by procedures established by the council;
and
(2) one or more department
inspectors or third party inspectors.
(e) The following persons may not solicit,
offer, or agree to provide future design review or in-plant inspection services
for the manufacturer prior to the manufacturer completing all certification
requirements:
(1) an agency other than the
manufacturer's current third-party inspection agency (TPIA) or design review
agency (DRA) that provides a certification team member; and
(2) any team member that is not employed by
the manufacturer's current TPIA or DRA.
(f) The inspection shall be conducted in
accordance with the procedures established by the council. A certification
inspection has two primary purposes:
(1) to
verify that the manufacturer is capable of producing modules or modular
components that comply with the law and the rules, mandatory building codes,
and approved design package; and
(2) to verify that the manufacturer's
approved compliance control program will ensure compliance now and in the
future.
(g) The team will
become familiar with all aspects of the manufacturer's approved design package.
Structures on the production line will be checked to assure that failures to
conform located by the certification team are being located by the plant
compliance control program and are being corrected by the plant personnel. The
certification team will work closely with the plant compliance control
personnel to assure that the approved design package and compliance control
manuals for the facility are clearly understood and followed. If deemed
necessary by the certification team, a representative of the design review
agency must be present during the inspection. At least one module or modular
component containing all systems, or a combination of modules or modular
components containing all systems, shall be observed during all phases of
construction. The team must inspect all modules or modular components in the
production line for Texas during the certification. The plant certification
inspection will terminate when the certification team has fully evaluated all
aspects of the manufacturing facility.
(h) The certification team will issue a plant
certification, or facility evaluation, report to the manufacturer when the
department has determined that the manufacturer has met the requirements for
certification. A copy of the plant certification report will also be forwarded
to the third party inspection agency responsible for in-plant inspections. The
manufacturer and third party inspection agency will be responsible for ensuring
that all conditions of certification as outlined in the certification report
are met. The manufacturer must keep a copy of this report in their permanent
records. The report will contain, at a minimum, the following information:
(1) the name and address of the
manufacturer;
(2) the names and
titles of personnel performing the certification inspection;
(3) the serial or identification numbers of
the modules or modular components inspected;
(4) a list of nonconformances observed on the
modules or modular components inspected (with appropriate design package
references) and corrective action taken in each case;
(5) a list of deviations from the approved
compliance control procedures (with section or manual references) observed
during the certification inspection with the corrective action taken in each
case;
(6) a list of conditions of
certification with which the manufacturer must comply to maintain the
certification;
(7) the date of
certification;
(8) the following
statement: "This report concludes that (name of agency), after evaluating the
facility, certifies that (name of factory) of (city) is capable of producing
(industrialized housing and buildings or modular components) in accordance with
the approved building system and compliance control manuals on file in the
manufacturing facility and in compliance with the requirements of the Texas
Industrialized Building Code Council"; and
(9) the signature of an authorized department
employee.
(i) A
manufacturer that wishes to construct modules or modular components outside the
scope of the manufacturer's certification must successfully complete a
certification update inspection for the aspects of construction for which the
manufacturer is not currently certified.
(j) If the department determines that the
manufacturer is not capable of meeting the certification requirements or that
the manufacturer is unable to complete the certification inspection
requirements, then the certification team will issue a non-compliance report.
The non-compliance report will detail the specific areas in which the
manufacturer was found to be deficient and may make recommendations for
improvement.
(k) If any personnel
of a design review agency or third party inspection agency participate as
members of a certification team, the agency is considered a participant in the
certification team and is responsible for compliance with Texas Occupations
Code, Chapter 1202, rules adopted by the commission, and decision, actions, and
interpretations of the council in performing the certification, inspection and
related activities.
Notes
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