16 Tex. Admin. Code § 70.65 - Responsibilities of the Commission - Reciprocity
(a) Industrialized housing and buildings
designed and constructed by a manufacturer in this state for delivery and
placement on a building site in another state are not subject to this chapter
unless the units are constructed under the terms of a reciprocity agreement
with the other state.
(b) The
commission may enter a reciprocal agreement with another state to authorize
building inspections of industrialized housing or buildings constructed in that
state to be performed by an inspector of the equivalent regulatory agency of
that state provided that:
(1) the commission
finds that the standards prescribed by the statute or rules of the other state
meet the objectives of Texas Occupations Code, Chapter 1202;
(2) the commission finds that the standards
are satisfactorily enforced by the other state or its agents; and
(3) the standards of the other state shall
not be deemed to be adequately enforced unless the other state provides for
immediate written notification to the executive director of suspensions or
revocations of approvals of manufacturers by the other state.
(c) If the commission enters a
reciprocity agreement with another state, then the commission will accept
industrialized housing and buildings which have been inspected by the
reciprocal state and which have the appropriate decal, label, or insignia of
the reciprocal state. Manufacturers in the reciprocal state who construct
industrialized housing and buildings for Texas will be subject to the
following.
(1) Manufacturers must be
registered in Texas in accordance with § 70.20. The manufacturer must
submit evidence that its building system and compliance control program have
been approved by the reciprocal state. The executive director shall verify the
approval and maintain a list of manufacturers approved under the terms of the
reciprocity agreement.
(2)
Industrialized housing, buildings, modules, and modular components will be
constructed in accordance with the codes referenced in § 70.100 and any
amendments to those codes in accordance with § 70.101. The code used will
be determined in accordance with § 70.102.
(3) Review and approval of the manufacturer's
design package will be in accordance with § 70.70 except that the
reciprocity agreement with the reciprocal state will accept the compliance
control program approved by the reciprocal state for that manufacturer. All
inspections performed by the reciprocal state must be in accordance with
documents reviewed and approved by a council-approved design review agency or
the department when acting as a design review agency.
(4) The manufacturer will assign a Texas
decal or insignia to each module or modular component for Texas in accordance
with § 70.77. The Texas decal or insignia will be placed in the vicinity
of the decal, label, or insignia of the reciprocal state.
(5) The manufacturer will permanently attach
a data plate to each industrialized house or building in accordance with §
70.71.
(6) The manufacturer will
submit a monthly report to the executive director in accordance with §
70.50.
(d) If the
commission determines that the standards for the manufacture and inspection of
industrialized housing and buildings in a reciprocal state, with which the
commission has entered a reciprocal agreement, do not meet the objectives of
Chapter 1202 or are not being enforced by the reciprocal state, then the
commission shall suspend or revoke the reciprocal agreement. The reciprocal
state and affected manufacturers will receive written notification of the
reasons for the suspension or revocation of the agreement.
Notes
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