16 Tex. Admin. Code § 70.74 - Responsibilities of the Registrants - Alterations
(a) The manufacturer shall not alter
construction of the industrialized house or building from the approved design
package. Industrialized builders or installation permit holders shall not alter
construction performed at the installation from the approved on-site
construction documentation except in accordance with this section or §
70.73(j). Alterations of industrialized housing or buildings shall be as
specified in this section.
(b) An
alteration of an industrialized house or building prior to, or during
installation, that results in a structure that does not comply with the
mandatory building codes is prohibited. An alteration after installation of an
industrialized building that is designed to be moved from one commercial site
to another commercial site that does not comply with the mandatory building
codes is prohibited. Alterations after installation of industrialized housing
or permanent industrialized buildings shall be in accordance with the
requirements of the local building code authorities.
(c) Ordinary repairs and work exempt from
permit requirements as specified in the mandatory building codes referenced in
§ 70.100 and § 70.101 shall not be considered alterations. Ordinary
repairs shall include the removal and replacement of the covering of existing
materials, elements, equipment, or fixtures using like or the same new
materials, elements, equipment, or fixtures that serve the same
purpose.
(d) Alteration decals are
used to recertify industrialized buildings designed to be moved from one
commercial site to another commercial site. Each decal is assigned to a
specific module or modular component. The control of the decals shall remain
with the department. The department will issue alteration decals to the third
party inspection agency responsible for the inspections of the alterations upon
application and payment of the fee for the decal by the industrialized builder
or alteration permit holder. By affixing the decal the industrialized builder
or alteration permit holder and third party inspection agency certify that the
module has been altered and inspected in accordance with the mandatory building
codes and this section. The third party inspector shall not affix the decal to
any module where inspection reveals that the building does not comply with the
approved recertification or alteration construction documents or the mandatory
building codes.
(e) Alterations of
industrialized housing and permanent industrialized buildings.
(1) Prior to, or during, installation outside
the jurisdiction of a municipality. The industrialized builder, or installation
permit holder, shall submit the original approved construction documents for
the house or building, as reference, along with a complete set of construction
documents describing a proposed alteration to a design review agency for
approval prior to construction in accordance with the procedures established by
the council. The design review agency responsible for review and approval of
alteration construction documents for a project, industrialized house, or
permanent industrialized building may not be changed without the written
approval of the department. Alterations on the house or building shall not
begin prior to approval of the construction documents and shall be performed
only by persons licensed to perform this work. Inspections of alterations shall
be performed by a third party inspector in accordance with procedures
established by the council. The third party inspection agency responsible for
inspections for a project may not be changed without the written approval of
the department.
(A) An alteration data plate
shall be affixed to any house or building where the alteration results in a
reclassification of the occupancy group or construction type, a change in the
permissible type of gas required for appliances, or a change in the wind speed
and exposure, maximum snow (roof) load, seismic design criteria, or special
conditions or limitations. The data plate shall contain such information as
specified in subsection (g).
(B)
All records pertinent to the alteration, including a copy of the alteration
data plate, shall be retained by the industrialized builder or installation
permit holder for a minimum of 10 years from the date of successful completion
of the final inspection and be made available to the department upon
request.
(C) All records pertinent
to the review and approval of the alteration construction documents shall be
retained by the DRA for a minimum of 5 years from the date of approval and
shall be made available to the department upon request.
(D) All records pertinent to the alteration
inspections shall be retained by the TPIA for a minimum of 5 years from the
completion of the alteration construction and inspections and shall be made
available to the department upon request.
(2) Prior to installation within the
jurisdiction of a municipality. Alterations prior to installation within a
jurisdiction shall be in accordance with paragraph (1).
(3) During, or after, installation within the
jurisdiction of a municipality. Approval of plans and inspection of alterations
shall be in accordance with the permitting and inspection procedures of the
municipality.
(f)
Recertification of industrialized buildings designed to be moved from one
commercial site to another commercial site. An industrialized building that has
been certified by application of a Texas decal in accordance with § 70.77
and that is designed to be moved from one commercial site to another commercial
site may be recertified in accordance with this section. A copy of the data
plate on each building to be recertified shall be submitted to the DRA
responsible for the plan review and approval of recertification and alteration
documents. Repairs, other than ordinary repairs as defined by the mandatory
building codes, shall be considered alterations. The industrialized builder or
alteration permit holder shall purchase an alteration decal from the department
to affix to each module that is recertified or altered. The alteration decal
shall be released only to the third party inspection agency responsible for the
alteration inspections.
(1) Recertification
class 1: original approved construction documents exist and the building has
not been previously altered. The industrialized builder or alteration permit
holder shall:
(A) submit a copy of the
original approved construction documents for the building to the design review
agency for reference purposes;
(B)
submit a copy of the construction documents for alteration of the building to
the design review agency for review and approval in accordance with the
requirements established by the council and subsection (f)(6). The construction
documents shall include the serial number assigned by the manufacturer and the
Texas decal number or insignia number of each module or modular
component;
(C) not begin
construction of the alteration of the building prior to the approval of the
construction documents by the design review agency. Construction shall be
performed only by persons licensed to perform this work; and
(D) have the construction inspected by a
third-party inspector in accordance with the procedures established by the
council and subsection (f)(7). A minimum of one rough in inspection and a final
inspection of the alteration construction shall be required.
(2) Recertification class 2:
original approved construction documents do not exist. The industrialized
builder or alteration permit holder shall:
(A) have a structural analysis of the
existing building made by an engineer licensed to practice in Texas to
determine the adequacy of the structural systems in accordance with Chapter 16
of the current edition of the International Building Code adopted in §
70.100. The industrialized builder or alteration permit holder shall submit a
copy of this analysis and a set of plans depicting the as built construction of
the building to the design review agency for review and approval in accordance
with the requirements established by the council and with subsection (f)(6).
These documents shall include the serial number assigned by the manufacturer
and the Texas decal or insignia number of each module or modular component
contained in the building;
(B)
bring into compliance those areas of the building identified by the structural
analysis and the design review agency as not in compliance with the mandatory
building code. The industrialized builder or alteration permit holder shall
submit construction documents to bring the building into compliance to the
design review agency for review and approval in accordance with the
requirements established by the council and with subsection (f)(6);
(C) have the building inspected by a third
party inspector in accordance with the procedures established by the council
and subsection (f)(7) to verify that the building complies with the approved as
built construction documents;
(D)
not begin construction to bring the building into compliance, or to alter the
building, prior to approval of the construction documents. The construction
shall be performed only by persons licensed to perform this work; and
(E) have the construction to bring the
building into compliance, and to alter the building, inspected by a third-party
inspector in accordance with the procedures established by the council and
subsection (f)(7). A minimum of one rough in inspection and a final inspection
of the construction shall be required.
(3) Recertification class 3: original
approved construction documents exist, but the building has been altered from
those plans and the building has not been recertified in accordance with other
paragraphs in this section. The industrialized builder or alteration permit
holder shall:
(A) submit a copy of the
original approved construction documents for the building to the design review
agency for reference;
(B) submit a
copy of construction documents that depict the alterations or repairs to the
building to the DRA for review and approval in accordance with the requirements
established by the council and with subsection (f)(6). Where structural
elements have been altered, a structural analysis of the existing building made
by an engineer licensed to practice in Texas to determine the adequacy of the
structural systems in accordance with Chapter 16 of the current edition of the
International Building Code adopted in § 70.100 shall also be submitted.
The construction documents shall include the serial number assigned by the
manufacturer and the Texas decal or insignia number of each module or modular
component contained in the building;
(C) bring into compliance those areas of the
building identified by the structural analysis or the design review agency as
not in compliance with the mandatory building codes. The industrialized builder
or alteration permit holder shall submit construction documents to bring the
building into compliance to the design review agency for review and approval in
accordance with the requirements established by the council and with subsection
(f)(6);
(D) have the building
inspected by a third party inspector in accordance with the procedures
established by the council and subsection (f)(7) to verify that the building
complies with the approved as built construction documents;
(E) not begin construction to bring the
building into compliance, or to alter the building, prior to approval of the
construction documents. The construction shall be performed only by persons
licensed to perform this work; and
(F) have the construction to bring the
building into compliance, and to alter the building, inspected by a third-party
inspector in accordance with the procedures established by the council and
subsection (f)(7). A minimum of one rough in inspection and a final inspection
of the construction shall be required.
(4) Recertification class 4: buildings that
are to be altered again after recertification. The industrialized builder or
alteration permit holder shall:
(A) submit a
copy of all previous recertification construction documents, including original
and as built construction documents where applicable, to the design review
agency in accordance with the requirements established by the council and
subsection (f)(6);
(B) include the
alteration decal numbers from previous recertifications on the construction
documents for altering the building; and
(C) comply with subsections (f)(1)(B) -
(D).
(5) Emergency
repairs. Equipment replacement and repairs, which do not qualify as ordinary
repairs in accordance with the mandatory building codes, that must be performed
in an emergency situation may be performed prior to recertification of the
building. The industrialized builder or alteration permit holder shall submit
documents as necessary to recertify the building in accordance with the
requirements of subsections (f)(1) - (3) within the next working business day
with the following exceptions.
(A) The
industrialized builder or alteration permit holder shall have 10 working days
to submit as built construction documents for the entire building where
required by the recertification requirements of subsections (f)(1) -
(4).
(B) The industrialized builder
or alteration permit holder shall have 10 working days to submit a structural
analysis performed by an engineer licensed to work in Texas where required by
the recertification requirements of subsection (f)(1) - (4).
(6) The industrialized builder or
alteration permit holder shall choose an approved DRA to perform the review and
evaluation of all construction documents for the recertification of an
industrialized building. The industrialized builder or alteration permit holder
may choose a different DRA for different projects or buildings, but may not
change DRAs for a project or building once the plan review has begun without
prior written approval from the department.
(A) Construction documents submitted to the
DRA shall include all information pertinent to assuring compliance with the
mandatory building code and shall include structural, thermal, and electrical
load calculations.
(B) As built
construction documents shall be reviewed to determine the existence of any
potential nonconformance with the provisions of the mandatory building codes.
The review and approval of construction documents to recertify a building shall
comply with the requirements of § 70.70(a)(2) - (4) and (6) - (8) with the
following exceptions.
(i) Based on the
engineering analysis and the DRA's review of the as built construction
documents, the DRA will prepare a report to the industrialized builder or
alteration permit holder that describes the nonconformances of the building to
be recertified.
(ii) The DRA will
signify approval of a drawing, specification, calculation, or any other
document submitted for review and approval by the application of the council's
stamp of approval for altered or recertified buildings.
(iii) The design review agency shall complete
a recertification transmittal form in accordance with the requirements of the
council and forward a completed copy of the form to the department. A copy of
all documents pertinent to the recertification of the building shall be
supplied to the department upon request.
(iv) The design review agency shall forward a
completed copy of the recertification transmittal form and one approved copy of
the construction documents to the industrialized builder.
(v) The design review agency shall keep a
copy on file of the original approved documents, the engineering analysis, and
approved construction documents for recertification of the building for 5 years
from the latest date of approval of the recertification or alteration
construction documents.
(7) The third party inspector shall affix the
alteration decal to each industrialized building module or modular component
upon completion of the construction and successful completion of all required
inspections in accordance with this section and the requirements of the
council. Successful completion of all required inspections means that all
construction has been completed, that all violations have been corrected, and
that the construction has been found to be in compliance of the applicable
mandatory building codes and the approved construction documents.
(A) The decal shall be affixed in the
vicinity of the original decal or insignia on the module or modular component
as depicted on the approved construction documents.
(B) The industrialized builder or alteration
permit holder may not change the third party inspection agency for a project or
building once started without prior written approval of the
department.
(C) All plans pertinent
to the alteration or recertification shall be available for use by the third
party inspector during the inspection. A copy of the mandatory building codes
shall be available for the inspector's use during the inspection.
(D) A rough-in inspection shall be scheduled
by the industrialized builder or alteration permit holder while construction is
still open to inspection. The inspector shall begin the inspection by verifying
that the units to be inspected are those depicted in the original approved, the
approved as built, or the previously approved recertification construction
documents and shall verify the original decal and serial number of each unit to
be inspected. The third party inspector may require the industrialized builder
to uncover portions of the building as necessary to verify compliance.
(i) The inspection shall be terminated and
the alteration decals returned to the department if inspection reveals that the
units have been altered from the original approved, the approved as built, or
the previously approved recertification construction documents.
(ii) The inspection shall be terminated and
the alteration decals returned to the department if inspection reveals that the
units are not those identified by serial number and decal number in the
approved construction documents.
(E) A final inspection shall be scheduled by
the industrialized builder or alteration permit holder after construction is
completed.
(F) Inspection of system
testing shall be scheduled by the industrialized builder or alteration permit
holder as necessary to assure that tests required by the mandatory building
code are witnessed by the third party inspector.
(G) The industrialized builder or alteration
permit holder shall schedule a reinspection with the third party inspector
wherever a deviation from the approved plans is identified that cannot be
corrected and inspected during the rough-in or final inspection.
(H) The inspector shall complete a
recertification inspection report on the forms and in the format required by
the department and the council. A copy of the inspection report shall be
provided to the industrialized builder or alteration permit holder for his
records and submitted to the department upon request. The third party
inspection agency shall maintain records of all recertification inspection
reports for five years from the date of successful completion of inspections
for a building or project.
(I) Only
one inspection shall be required where a building is recertified in accordance
with subsection (f)(2) or (f)(3) and no construction is required to bring the
building into compliance or to complete alterations on the building.
(i) The third party inspector shall verify
that the units to be inspected are those depicted in the approved construction
documents and shall verify the original decal and serial number of each unit to
be inspected.
(ii) The third party
inspector may require the industrialized builder or alteration permit holder to
uncover portions of the building as necessary to verify compliance.
(iii) The inspection shall be terminated, and
the alteration decals returned to the department, if inspection reveals that
the units have been altered from the approved construction documents.
(J) Only one inspection shall be
required where emergency repairs are performed in accordance with subsection
(f)(5) and where further construction is not required to bring the building
into compliance with the mandatory building code.
(i) The inspector shall verify that the units
to be inspected are those depicted in the approved construction documents and
shall verify the original decal and serial number of each unit to be
inspected.
(ii) The third party
inspector may require the industrialized builder or alteration permit holder to
uncover portions of the building as necessary to verify compliance.
(iii) The inspection shall be terminated, and
the alteration decals returned to the department, if inspection reveals that
the units have been altered from the approved construction documents.
(iv) The inspection shall be terminated and
the alteration decals returned to the department if inspection reveals that the
units are not those identified by serial number and decal number in the
approved construction documents.
(8) An alteration data plate shall be
attached to the altered building as required by subsection (g).
(9) The industrialized builder or alteration
permit holder shall maintain all records pertinent to the recertification and
make these records available to the department upon request. Records shall be
maintained for as long as the building remains a part of the inventory for that
industrialized builder or alteration permit holder.
(10) Buildings constructed on or after
October 31, 2006 may not be recertified in accordance with subsections (f)(1)
or (4) without prior written authorization from the department.
(g) A recertification or
alteration data plate shall be placed by the third party inspector on each
altered or recertified house or building as required by this section. The data
plate shall be supplied by the industrialized builder or alteration permit
holder.
(1) An alteration data plate shall be
affixed to any building where the alteration or recertification results in a
reclassification of the occupancy group or construction type, a change in the
type of gas required for appliances, or a change in the wind speed and
exposure, maximum snow (roof) load, seismic design criteria, or special
conditions or limitations.
(2) A
copy of the data plate shall be retained by the industrialized builder and be
made available to the department upon request.
(3) An alteration data plate shall be made of
a material that will not deteriorate over time and shall be permanently placed
so that it cannot be removed without destruction.
(4) The data plate shall be placed adjacent
to the original data plate in an easily accessible location as designated in
the alteration plans, but shall not be located on any readily removable item
such as a cabinet door or similar component. Location of the data plate on the
cover of the electrical distribution panel is acceptable.
(5) An alteration data plate shall contain,
as a minimum, the information required on a manufacturer's data plate as
required by § 70.71(d)(2) -(11) plus the following information:
(A) the name, address, and registration
number assigned by the department of the industrialized builder, or the name,
address, and alteration permit number assigned by the department of the owner
of the building; and
(B) the Texas
alteration decal numbers.
Notes
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