16 Tex. Admin. Code § 70.73 - Responsibilities of the Registrants - Building Site Construction and Inspections
(a) Industrialized housing shall be installed
on a permanent foundation system.
(b) The initial construction and inspection
of a site-built REF at the 1st commercial site falls under the provisions of
§70.79. Subsequent installation of REFs shall comply with this
section.
(c) Responsibility for
on-site construction. The industrialized builder or installation permit holder
shall be responsible for assuring that the foundation and the installation of
an industrialized house, building, or site-built REF complies with the
manufacturer's or REF builder's on-site construction specifications or
documentation that have been approved in accordance with §70.70, any
unique on-site construction details, the engineered foundation design, and the
mandatory building codes.
(1) The
industrialized builder or installation permit holder is responsible for
assuring that all sub-contractors are licensed as required by applicable state
law.
(2) The industrialized builder
is not responsible for construction performed by the installation permit holder
as specified on the installation permit application submitted to the
department. Construction not covered by the installation permit is the
responsibility of the industrialized builder.
(3) The installation permit holder is
responsible only for the construction specified on the installation permit
application submitted to the department.
(d) For purposes of this chapter and Texas
Occupations Code, Chapter 1202, a final inspection of on-site construction of
industrialized housing and buildings is successful if it meets one of the
following.
(1) Inside a municipality: All
on-site construction has been completed to the satisfaction of the
municipality's building inspection department and a record of final inspection
was issued authorizing the release of the house or building for
occupancy.
(2) Outside the
jurisdiction of a municipality or within a municipality without a building
inspection department: All inspections required in accordance with subsection
(f) have been completed and a final on-site inspection report has been issued
with no outstanding violations from any of these inspections. For purposes of
this section, a violation is any of the following:
(A) on-site construction that does not meet
the mandatory building codes;
(B)
failure to correct damage to the factory-built portion of the house or building
that was caused by on-site construction;
(C) on-site construction that does not follow
the documents approved in accordance with §70.70, the engineered
foundation system drawings, or unique on-site construction detail drawings;
or
(D) on-site construction that is
incomplete.
(e) Responsibility for inspections within
jurisdiction of a municipality. When the building site is within a municipality
that has a building inspection agency or department, the local building
official will inspect all on-site construction done at the site and the
attachment of the structure to the foundation to assure completion and
attachment in accordance with the documents approved in accordance with
§70.70, the foundation system drawings, any unique on-site construction
detail drawings, and the mandatory building codes.
(1) A municipality that regulates the on-site
construction or installation of industrialized housing or buildings may require
and review, for compliance with the mandatory building codes, a complete set of
plans and specifications, including the foundation system design and any unique
on-site construction details.
(2)
The industrialized builder or installation permit holder shall not permit
occupation of, or release for occupation, the industrialized house or building
unless approved by the municipality.
(3) The industrialized builder or
installation permit holder is responsible for ensuring that all inspections are
completed in accordance with procedures established by the municipality's
building inspection department.
(f) Responsibility for inspections outside
the jurisdiction of a municipality or within a municipality without a building
inspection agency or department. When the building site is outside a
municipality, or within a municipality that has no building department or
agency, a council-approved inspector will perform the required inspections in
accordance with this section and the inspection procedures established by the
council to assure completion and attachment in accordance with the documents
approved in accordance with §70.70, the mandatory building codes, the
foundation system drawings, and any unique on-site construction detail
drawings.
(1) Minimum inspection requirements
are listed below. Re-inspections are required whenever deviations from the
approved construction documents or mandatory building codes are noted.
Inspections may occur concurrently. The industrialized builder or installation
permit holder shall ensure that work is not concealed prior to the inspection.
(A) Inspections completed during installation
shall be as required by the inspection requirements of Chapter 1 of the IBC,
IMC, IPC, IFC, IFGC, IECC, IFC, and IRC as applicable.
(B) A set inspection shall be completed for
each module set or for each modular component installed.
(C) Special inspections shall be completed as
required per Chapter 17 of the IBC.
(D) A final inspection shall be made after
all construction and all corrections are complete.
(2) For structures built in accordance with
the IRC, the final inspection shall be completed within 180 days of the start
of construction. For all other structures, the final inspection shall be
completed within 365 days of the start of construction. The department may
grant an extension upon receipt of a written request that demonstrates a
justifiable cause.
(3) Site
inspections are required for the first installation of all industrialized
housing and permanent industrialized buildings. Exception: Site inspections are
not required for the installation of equipment buildings or shelters where the
structure is occupied only during installation and maintenance of the equipment
housed in the structure, unless the structure is also classified as a hazardous
occupancy by the mandatory building code.
(4) Site inspections are required for
industrialized buildings that are designed to be moved from one commercial site
to another commercial site if the buildings are used as a school or place of
religious worship.
(5) The
industrialized builder, or installation permit holder, is responsible for
scheduling each phase of the inspection with the inspector or inspection agency
and for ensuring that all inspections have been completed.
(A) The industrialized builder, or
installation permit holder, may utilize a different inspector or inspection
agency for different projects, but may not change the inspector or agency for a
project once started without the written approval of the department.
(B) Special inspections required by the
mandatory building codes shall be conducted by persons who are approved in
accordance with Council procedures and meet the qualification requirements
outlined in Chapter 17 of the IBC or as required by applicable State laws.
Persons or agencies that perform special inspections may not be changed once
the inspection has begun without approval from the department.
(6) The inspector shall give the
industrialized builder or installation permit holder a copy of the site
inspection report upon completion of each inspection including re-inspections.
Violations shall be documented in accordance with the Council approved
inspection procedures. The industrialized builder or installation permit holder
is responsible for ensuring that all violations are corrected.
(7) The industrialized builder, or
installation permit holder, shall not permit occupancy, or release the house or
building for occupation, until a successful final inspection has been
completed. A final on-site inspection report shall be issued showing no
outstanding violations prior to occupation, or release for occupation, of the
house or building. Exception: Occupancy of the house or building may be
permitted and approved with outstanding items provided that the items are not
in violation of the mandatory building codes.
(A) The industrialized builder or
installation permit holder shall maintain a copy of the on-site inspection
reports in accordance with the requirements of §70.50 and make a copy of
all on-site inspection reports available to the department upon request. The
reports shall include a list of all violations and corrective action in
accordance with the inspection procedures approved by the council.
(B) The industrialized builder shall give a
copy of the on-site inspection reports to the owner of the building upon
request.
(C) The industrialized
builder shall give a copy of the department's final on-site inspection report
to the owner of the industrialized house at one of the following events:
(i) the closing of the purchase of the house;
or
(ii) no later than 15 days after
the successful final inspection of on-site construction is complete. A copy of
the other on-site inspection reports shall be given to the owner if
requested.
(g) Destructive disassembly shall not be
performed at the site in order to conduct tests or inspections on the modules
or modular components completed in the plant and certified by the decal or
insignia attached by the manufacturer, nor shall there be imposed standards or
test criteria different from those required by the approved installation
instructions, on-site construction documentation, and the applicable mandatory
building code. Nondestructive disassembly may be performed only to the extent
of opening access panels and cover plates.
(h) Foundation system designs. A licensed
professional engineer (or architect for one and two family dwellings or
buildings having one story and total floor area of 5,000 square feet or less)
shall design and seal the foundation systems for each industrialized house or
building. Review by a DRA is not needed or required. A municipality that
regulates the on-site construction or installation of industrialized housing or
buildings may review the foundation system design for compliance with the
mandatory building code. Foundation system designs shall comply with the
mandatory building code referenced in §70.100 and §70.101 and shall
contain complete details for the construction and attachment of the house or
building on the foundation, including, but not limited to the following:
(1) address or area for which the foundation
is suitable;
(2) minimum load
specifications, including wind loads, seismic design loads, soil bearing
capacity, and if the foundation is designed for expansive soils;
(3) site preparation details;
(4) material specifications;
(5) requirements for corrosion resistance,
protection against decay, and termite resistance;
(6) size, configuration, and depth below
grade of all footings, piers, and slabs including, but not limited to, details
of concrete reinforcement, spacing of footings and piers, capping of piers, and
mortar or concrete fill requirements for piers;
(7) fastening requirements, including, but
not limited to, size, spacing, and corrosion resistance;
(8) requirements for surface drainage;
and
(9) details for enclosure of
the crawl space, including details for ventilation and access.
(i) Ground anchors. The use of
ground anchors in the installation of industrialized housing is not permitted.
The use of ground anchors in the installation of industrialized buildings is
allowed if deemed appropriate by a municipality or other political subdivision.
The foundation design shall be prepared by a licensed professional engineer and
shall contain complete details for the construction and attachment of the
building on the foundation, including, but not limited to the following:
(1) address or area for which the foundation
is suitable, including a soil investigative report prepared by a qualified
engineer or a description of the soil type for which the anchoring system is
suitable;
(2) minimum load
specifications, including wind loads, seismic design loads, soil bearing
capacity, and if the foundation is designed for expansive soils;
(3) site preparation details;
(4) material specifications;
(5) requirements for corrosion resistance,
protection against decay, and termite resistance;
(6) size, configuration, and depth below
grade of all footings and piers including spacing of footings and
piers;
(7) specification and
installation requirements for the tie-down anchoring system, including
specifications for corrosion resistance for the ground anchors and associated
tie-down system;
(8) requirements
for surface drainage; and
(9)
details for enclosure of the crawl space, including details for ventilation and
access.
(j) Unique
on-site construction details. Unique on-site construction details as defined by
§70.10(a) shall be designed and sealed by a licensed Texas professional
engineer (or architect for one and two family dwellings or buildings having one
story and total floor area of 5,000 square feet or less) and review by a DRA is
not needed or required. The unique on-site construction details shall comply
with the mandatory building codes referenced in §70.100 and §70.101.
A municipality that regulates the on-site construction or installation of
industrialized housing or buildings may require and review the unique on-site
details for compliance with the mandatory building code.
Notes
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