16 Tex. Admin. Code § 70.77 - Responsibilities of the Registrants - Decals and Insignia for New Construction
(a) Decals are used for module and site-built
REF certification and insignia are used for modular component certification.
(1) Decals and insignia shall be ordered on a
form supplied by the department and shall contain such information as may be
required by the department.
(2) The
department will issue decals and insignia to a manufacturer on application and
payment of the fee following certification of the manufacturing facility in
accordance with § 70.60.
(3)
The department will issue decals to a REF builder on application and payment of
the fee following successful completion of all construction in accordance with
§ 70.78.
(b) By
attaching the decal or insignia the manufacturer or REF builder certifies that:
(1) the module, modular component, or
site-built REF is constructed in accordance with the approved design package or
construction documents and the mandatory building codes; and
(2) the module, modular component, or
site-built REF has been inspected in accordance with § 70.72 or §
70.79.
(c) The control
of the decals and insignia shall remain with the department.
(1) Decals shall be confiscated by the
department or the third party inspector or inspection agency if a manufacturer
fails to correct violations identified during an inspection or for failure to
abide by the approved compliance control procedures.
(A) Decals or insignia that are confiscated
for construction violations shall not be returned to the manufacturer until the
violations have been corrected.
(B)
Decals or insignia that are confiscated for compliance control violations shall
be released for each building in accordance with the inspection procedures
approved by the council. Control of the decals or insignia shall not be
returned to the manufacturer until the TPI/TPIA determines that the problems
have been corrected.
(C) New decals
or insignia shall not be issued until the manufacturer has shown evidence of
compliance.
(2) Decals
shall not be released to a REF builder or attached to a REF until all
construction is complete and all violations identified during an inspection
have been corrected.
(d)
Responsibilities of the manufacturer. It is the manufacturer's responsibility
to assure that the certification inspection has been accomplished as outlined
in § 70.60 prior to attaching the decal or insignia. It is the
manufacturer's responsibility to assure that the in-plant inspection has been
performed as outlined in § 70.72 prior to attaching the decal or insignia.
Each decal or insignia shall be attached to a specific module or modular
component before leaving the manufacturing facility.
(1) The manufacturer shall assure that the
house or building is released only to an industrialized builder registered with
this department or to a person who has obtained an installation permit from
this department.
(2) The decal or
insignia shall be placed in a visible location as designated on the floor plan
or on the title or cover sheet for each model or project in the approved design
package. The decal or insignia shall be permanently attached so that it cannot
be removed without destruction and shall not be placed on any readily removable
item such as a cabinet door or other similar component. Location of the decal
on the cover of the electrical distribution panel is acceptable.
(3) The manufacturer shall keep records as
necessary to show, by decal or insignia number, the module or modular component
(by identification number) to which the decal or insignia was attached. The
manufacturer shall keep complete records of all decals and insignia received,
decals and insignia used, and those which are on-hand. The manufacturer shall
maintain these records for a minimum of 5 years from the date the building is
reported shipped in accordance with § 70.50 and the records shall be made
available to the department or in-plant inspector on request.
(4) Decals or insignia may not be transferred
from one manufacturing facility to another without prior written approval from
the department. Decals or insignia that are transferred without department
approval are void and shall be returned to, or shall be confiscated by, the
department.
(5) Decals or insignia
that have been attached to a module or modular component may not be transferred
to another module or modular component. Decals or insignia that are removed
from the module or modular component to which they were attached are void and
shall be returned to, or shall be confiscated by, the department.
(6) Decals or insignia that have not been
attached to a module or modular component shall be returned to the department
if the manufacturer does not renew the registration in accordance with §
70.20.
(7) Decals or insignia that
have been reported in accordance with § 70.50(a) shall be returned to the
department if the module or modular component is damaged or
destroyed.
(8) Decals or insignia
that have been attached to a module or modular component prior to inspection in
accordance with § 70.72 are void and shall be returned to the department,
or shall be confiscated by the department or third party inspection
agency.
(9) Decals or insignia that
are attached to a module or modular component before all construction is
complete and before all inspections by the facility's compliance control
personnel have been completed are void and shall be returned to the department,
or shall be confiscated by the department or third party inspection
agency.
(e)
Responsibilities of the REF builder. A REF builder shall assure that all
construction documents are approved as required by § 70.70 and that all
required inspections have been performed in accordance with § 70.79 before
the decal or decals are attached to the site-built REF.
(1) A site-built REF becomes an
industrialized building upon attachment of the decal or decals.
(2) Decals shall be purchased for each
separate REF building. Each separate REF building shall be assigned a unique
identification or project number. The name of the school district, the project
address, and the unique identification number for each separate REF will be
reported to the department on the decal order form.
(3) Decals may not be transferred to another
REF project without prior written consent of the department. Decals that are
transferred to another site-built REF project without written consent are void
and shall be returned to, or confiscated by, the department.
(4) Decals that have been attached to a
site-built REF may not be transferred to another site-built REF. Decals that
are removed from the site-built REFs to which they were attached are void and
shall be returned to, or confiscated by, the department.
(5) Decals shall or be returned to the
department if the site-built REF is damaged or destroyed.
Notes
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