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Industrialized Housing and Buildings Penalties and Sanctions

 

Industrialized Housing and Buildings (IHB)

Texas Occupations Code, Chapter 1202

16 Texas Administration Code, Chapter 70

Industrialized Builders

Class A:

1st Violation, Reprimand to $1,000
2nd Violation, $500 to $2,000
3rd Violation, $1,000 to $4,000 per day not corrected and/or 6-month probated suspension to 1-year full suspension.

- Failed to notify Department within 10 days of name change - 70.20(7)(A), 70.78(a)
- Failed to notify Department within 10 days of change of address - 70.20(7)(B), 70.78(a)
- Failed to notify Department within 10 days of change of 25% ownership - 70.20(7)(C), 70.78(a)
- Failed to notify Department within 10 days of a change in the principal officers - 70.20(7)(F). 70.78(a)
- Failed to notify Department within 10 days of a transfer or sale of a module or modular component to another industrialized builder - 70.20(7)(G)
- Failed to notify the Department when a manufacturer takes possession of units previously reported as shipped to an industrialized builder - 70.20(7)(H)
- Failed to give a copy of all site inspection reports to the owner, or installation permit holder, of the house or building upon request - 70.73(e)(7)(C), 70.75(c)(3)
- Failed to affix an alteration data plate to an altered house or building when required - 70.74(e)(1)(A)
- Failed to retain copy of the data plate, or failed to make the copy available to the Department upon request - 70.74(g)(2)
- Failed to provide a data plate that will not deteriorate over time and cannot be removed without destruction - 70.74(g)(3)
- Failed to provide the purchaser or installation permit holder the name, location, and address of the manufacturer of the building - 70.75(c)(1)
- Failed to provide the purchaser or installation permit holder the location of the decals or insignia on a modules or modular component, or site-built REF - 70.75(c)(6)
- Failed to provide the purchaser or installation permit holder a description of the location of the data plate and explanation of the information thereon - 70.75(c)(2)
- Failed to provide the purchaser or installation permit holder a completed signed of the energy compliance checklist - 70.75(c)(8)
- Failed to list Department notification information where required - 70.75(c)(9), 70.78(b)
- Failed to maintain evidence for a minimum of 5 years that the required information was delivered to the purchaser or installation permit holder, or failed to provide a copy of the evidence to the Department upon request - 70.75(f)

Class B:

1st Violation, $500 to $3,000 and/or 6-month probated suspension
2nd Violation, $1,500 to $5,000 plus 1-year probated suspension to 1-year full suspension
3rd Violation, $3,000 to $5,000 per day not corrected plus 1-year full suspension up to revocation

- Failed to file a report required by the Department for the administration or enforcement of Chapter 1202 - 1202.302(2)
- Failed to keep a records of all industrialized housing, buildings, modules, and modular components that were sold, leased, or installed or altered for ten years following final inspection, or to provide the plans and report to the Department upon request - 70.50(b)(1), 70.74(e)(1)(B), 70.74(e)(2)
- Failed to keep a record of all industrialized housing, buildings, modules, and modular components that were sold, leased, or installed for five years following final inspection, if not responsible for the installation, or failed to provide the plans and report to the Department upon request - 70.50(b)(1)
- Failed to respond to Departmental audit with all required information within the timeframe set by the Department - 70.50(b)(2)
- Failed to keep a copy of all records required by this section - 70.50(b)(2)
- Failed to provide the Department a copy of all records required by this section - 70.50(b)(2)
- Failed to provide the installation permit number or registration number of the person responsible for installation and site work of a unit or the person who was transferred or bought the unit - 70.50(b)(2)(H)
- Failed to assure that all sub-contractors are licensed as required by applicable state law - 70.73(c)(1)
- Failed to have the final inspection completed within 180 days of start of construction - 70.73(e)(2)
- Changed the inspector for a project once started without the written approval of the Department - 70.73(e)(5)
- Failed to maintain a copy of each site inspection report meeting all requirements for a minimum of ten years from the date of successful final inspection, or failed to make a copy of the report available to the department upon request - 70.73(e)(7)(B)
- Failed to submit original approved plans, proposed alteration plans, or recertification construction documents to a DRA prior to beginning construction - 70.74(e)(1), 70.74(e)(2), 70.74(f)(6)(A)
- Changed a DRA or TPIA which had responsibility for design review or inspection of altered plans or recertification plans without prior written approval from the Department - 70.74(e)(1), 70.74(e)(2), 70.74(f)(6), 70.74(f)(7)(B)
- Failed to submit a copy of the data plate on each building to be recertified to the DRA responsible for the plan review and approval of recertification and alteration documents - 70.74(f)
- Failed to purchase an alteration decal from the Department to affix to each module that was recertified or altered - 70.74(f)
- Failed to follow all requirements for a Recertification Class 1for an industrialized building designed to be moved from one commercial site to another commercial site - 70.74(f)(1), 70.102(c)(1)
- Failed to follow all requirements for a Recertification Class 2 for an industrialized building designed to be moved from one commercial site to another commercial site - 70.74(f)(2), 70.102(c)(2)
- Failed to follow all requirements for a Recertification Class 3 for an industrialized building designed to be moved from one commercial site to another commercial site - 70.74(f)(3), 70.102(c)(2)
- Failed to follow all requirements for a Recertification Class 4 for an industrialized building designed to be moved from one commercial site to another commercial site - 70.74(f)(4), 70.102(c)(1)
- Failed to follow all requirements regarding emergency equipment and replacement repairs - 70.74(f)(5)
- Failed to make the plans pertinent to the alteration or recertification and a copy of the mandatory building codes available during the inspection - 70.74(f)(7)(C)
- Failed to schedule inspections as required - 7074(f)(7)(D), (E), (F), (G)
- Failed to maintain all records pertinent to the recertification for as long as the building remains a part of the inventory, or failed to make the records available to the Department upon request - 70.74(f)(9)
- Failed to have the alteration data plate contain the required information - 70.74(e)(1)(A), 70.74(g)(5)
- Failed to provide the purchaser or installation permit holder a set of approved plans, including all records pertinent to alterations - 70.75(c)(4)
- Failed to provide the purchaser or installation permit holder a copy of the foundation system design and any unique on-site details - 70.75(c)(5)
- Failed to provide the purchaser or installation permit holder a site plan showing the on-site location of all utilities and utility taps - 70.75(c)(7)

Class C:

1st Violation, $1,000 to $5,000 and/or 1-year probated suspension to 1-year full suspension
2nd Violation, $2000 to $5,000 plus 1-year probated suspension to revocation
3rd Violation, $3,500 to $5,000 per day not corrected plus revocation

- Failed to erect or install industrialized housing and building in accordance with the mandatory state building codes as amended in §70.101 - 1202.151, 0.100, 70.101, 70.102
- Failed to comply with decision or interpretation of TIBCC - 1202.157, 1202.302(4)(C)
- Failed to have the installation of an industrialized house outside a municipality inspected by an approved third party inspector - 1202.203(b), 70.73(e)(5), 70.73(e)(7)
- Failed to have the installation of an industrialized building outside a municipality inspected by an approved third party inspector when required by Commission rule - 1202.203(d), 70.73(e)(5), 70.73(e)(7)
- Constructed industrialized housing or buildings in violation of law, rule, or order - 1202.301(b)
- Sold or offered to sell, leased or offered to lease industrialized housing, buildings, or REFs in violation of law, rule, or order - 1202.301(b)
- Transported an industrialized house or building over a street or highway of this state in violation of law, rule, or order - 1202.301(b)
- Failed to pay a fee required by the Department for the administration or enforcement of Chapter 1202 - 1202.302(2)
- Engaged in the business of constructing or locating industrialized housing, buildings or REF's without a registration - 70.20
- Failed to register each separate sales office - 70.20(6)(C)
- Failed to obtain a new registration when the new owners did not accept responsibility for units constructed under the previous owners - 70.20(7)(C)
- Failed to reimburse the Department the hourly monitoring fee for expenses incurred outside headquarters in monitoring the performance of a third party inspection agency, third party inspector, or third party site inspector - 70.61(c)
- Failed to comply with inspection and other procedures established by the TIBCC - 70.70, 70.71, 70.72, 70.73, 70.74, 70.77
- Failed to install industrialized housing on a permanent foundation system - 70.73(a)
- Failed to assure that the foundation and the installation of an industrialized house or building complies with all requirements - 70.73(c)
- Permitted occupancy or released the house or building for occupation before approved by the municipality or a successful final inspection was completed - 70.73(d)(2), 70.73(e)(7)
- Failed to have a third-party inspector perform the required inspections - 70.73(e), 70.74(f)(7)(E), 70.74(f)(7)(G), 70.79(c)(2)
- Failed to assure that all violations found in the site inspection were corrected - 70.73(e)(6)
- Used ground anchors in the installation of industrialized housing or used ground anchors in the installation of industrialized buildings when not allowed - 70.73(h)
- Altered construction of the industrialized house or building from the approved design package - 70.74(a)
- Altered construction performed at the installation from the approved on-site construction documentation - 70.74(a)
- Made alterations other than those allowed in section 70.74 - 70.74(a), 70.102(b)
- Altered construction performed at the installation from the approved on-site construction documentation - 70.74(a)
- Made alterations to an industrialized house or building that resulted in the structure not complying with mandatory building codes - 70.74(b), 70.102(b)
- Began work on alterations to the industrialized house or permanent industrialized building prior to approval of the construction documents by the DRA - 70.74(e)(1)
- sed proprietary information for purposes other than assuring compliance, or copied or distributed that information to another person - 70.76
- Failed to allow the Department to enter the business premises and examine and copy any records that relate directly or indirectly to the inspection or investigation being conducted, or to inspect all records, books and documents pertaining to the agency's operation - 70.78(c)
- Failed to pay the fee and travel per diem costs for a special inspection - 70.80(k), 70.80(l), 70.61(c)
- Failed to to construct industrialized housing or buildings in accordance with the mandatory building codes - 70.100
- Used alternate materials or methods of construction without approval of the council - 70.103(a), 70.103(c)

Class D:

1st Violation, $3,000 to $5,000 and/or Revocation
2nd Violation, $3,000 to $5,000 and/or Revocation
3rd Violation, $3,000 to $5,000 and/or Revocation

- Obtaining a registration by fraud or false representation - 1202.302(1), 60.63(b)
- Engaged in a false, misleading, or deceptive act or practice as described by Subchapter E, Chapter 17, Business & Commerce Code - 1202.302(3)
- Failed to comply with previous order of Commission/Executive Director - 51.353(a), 1202.302(4)(B), 70.90
- Failed to pay the Department for a dishonored check - 60.82


Manufacturers

Class A:

1st Violation, Reprimand to $1,000
2nd Violation, $500 to $2,000
3rd Violation, $1,000 to $4,000 per day not corrected and/or 6-month probated suspension to 1-year full suspension.

- Failed to notify Department within 10 days of name change - 70.20(7)(A), 70.78(a)
- Failed to notify Department within 10 days of change of address - 70.20(7)(B), 70.78(a)
- Failed to notify Department within 10 days of change of 25% ownership - 70.20(7)(C), 70.78(a)
- Failed to notify Department within 10 days of a change in location of a manufacturing facility - 70.78(a)
- Failed to notify Department within 10 days of the establishment of a new manufacturing facility - 70.78(a)
- Failed to notify Department within 10 days of a change of the principal officers - 70.20(7)(F), 70.78(a)
- Failed to file monthly reports with the Department by the tenth day of the following month - 70.50(a)(1)
- Failed to follow requirements regarding corrections to reports - 70.50(a)(3)
- Failed to provide written notification to Department of the selection of a design review agency - 70.70(a)(1)
- Failed to attach a data plate where required - 70.71(a), 70.71(e), 70.65(c)(5)
- Failed to have the data plate made of the required material and placed in an acceptable location in a manner that it cannot be removed without destruction - 70.71(c)
- Failed to provide written notification to Department of the selection of a third-party inspection agency - 70.72(a)
- Failed to provide the industrialized builder or installation permit holder the name, location, and address of the manufacturer of the building - 70.75(a)(1)
- Failed to provide the industrialized builder or installation permit holder the location of the decals or insignia on the modules or modular components - 70.75(a)(2)
- Failed to provide the industrialized builder or installation permit holder a description of the location of the data plate and explanation of the information thereon - 70.75(a)(3)
- Failed to provide the industrialized builder or installation permit holder a completed signed of the energy compliance checklist - 70.75(a)(5)
- Failed to list Department notification information where required - 70.75(a)(6) 70.78(b)
- Failed to maintain evidence, or provide the department evidence, that information required by §70.75(a) was provided to industrialized builder or installation permit holder or provide evidence of compliance to the Department - 70.75(e)

Class B:

1st Violation, $500 to $3,000 and/or 6-month probated suspension
2nd Violation, $1,500 to $5,000 plus 1-year probated suspension to 1-year full suspension
3rd Violation, $3,000 to $5,000 per day not corrected plus 1-year full suspension up to revocation

- Failed to purchase a decal for the size of modular unit constructed - 1202.301(b), 70.80(j)
- Failed to purchase an insignia for the size of the modular component constructed - 1202.301(b), 70.80(j)
- Failed to file a report required by the Department for the administration or enforcement of Chapter 1202 - 1202.302(2)
- Failed to notify Department within 10 days of change of location of manufacturing facility - 70.20(7)(D)
- Failed to notify Department within 10 days of a new manufacturing facility - 70.20(7)(E)
- Failed to notify Department within 10 days that possession was taken of units previously reported as shipped to an industrialized builder - 70.20(7)(H)
- Failed to submit a monthly report of industrialized housing, buildings, modules, and modular components - 70.50(a), 70.65(c)(6)
- Failed to keep a copy of monthly reports on file for a minimum of five years - 70.50(a)(2)
- Failed to have report contain all required information - 70.50(a)(4)
- Failed to report in the monthly report the disposition of units that had previously been reported as shipped - 70.50(a)(5)
- Failed to keep a copy of the certification report containing all required information in permanent records - 70.60(f)
- Failed to keep a copy of all approved documents for a minimum of ten years from the date the last unit constructed from the documents is shipped, or failed to make a copy of these documents available to the department upon request - 70.70(a)(4)(G)
- Failed to resubmit previously approved documents to a DRA for review and approval upon the change in a code edition - 70.70(a)(5)
- Failed to have construction approved to old code editions completed, inspected, and labeled within 180 days of adoption of new code editions - 70.70(a)(5)(B)
- Started construction of, or constructed, units or projects for Texas to documents approved to old code editions after the effective date of transition to the new code editions or after effective date of adoption of new code editions - 70.70(a)(5)
- Failed to have on-site construction documentation and special conditions/limitations reviewed and approved by the DRA - 70.70(d), 70.70(f)
- Failed to have the data plate contain the required information - 70.71(d), 70.71(e)
- Changed inspection agencies once an in-plant inspection on the modules of a project or building has begun - 70.72(a)
- Failed to maintain a copy of inspection reports for a minimum of 5 years or failed to provide the Department a copy upon request - 70.72(e)
- Failed to provide the industrialized builder or installation permit holder a set of approved plans containing required information as necessary to obtain a building permit - 70.75(a)(4)
- Failed to attach the decal or insignia before the unit left the manufacturing facility - 70.77(d)
- Failed to assure that the house or building is released only to an industrialized builder registered with the Department or to a person who has obtained an installation permit from the Department - 70.77(d)(1)
- Failed to permanently attach the decal or insignia in a visible location - 70.77(d)(2)
- Failed to attach the decal or insignia so that it cannot be removed without destruction - 70.77(d)(2)
- Attached the decal or insignia on a readily removable item such as a cabinet door or similar component - 70.77(d)(2)
- Failed to keep complete records of all decals and insignia received, decals and insignia used, and those which are on-hand for a minimum of five years - 70.77(d)(3)

Class C:

1st Violation, $1,000 to $5,000 and/or 1-year probated suspension to 1-year full suspension
2nd Violation, $2000 to $5,000 plus 1-year probated suspension to revocation
3rd Violation, $3,500 to $5,000 per day not corrected plus revocation

- Failed to have a relocatable educational facility purchased after January 1, 2010 comply with all required provisions - 1202.004(b)
- Failed to construct buildings, modules and/or modular components in accordance with the mandatory state building codes - 1202.151, 70.70(a)(5),
70.100, 70.102
- Failed to comply with decision or interpretation of TIBCC - 1202.157, 1202.302(4)(C)
- Constructed industrialized housing or buildings in violation of law, rule, or order - 1202.301(b)
- Sold or offered to sell, leased or offered to lease industrialized housing, buildings, or REFs in violation of law, rule, or order - 1202.301(b)
- Transported an industrialized house or building over a street or highway of this state in violation of law, rule, or order - 1202.301(b)
- Failed to pay a fee required by the Department for the administration or enforcement of Chapter 1202 - 1202.302(2)
- Engaged in the business of constructing or locating industrialized housing, buildings or REF's without a registration - 70.20, 70.65(c)(1)
- Failed to register each separate facility - 70.20(6)(A)
- Failed to obtain a new registration when the new owners did not accept responsibility for units constructed under the previous owners - 70.20(7)(C)
- Failed to ensure that all conditions of certification outlined in the certification report were met - 70.60(f)
- Failed to reimburse the Department an hourly monitoring fee for expenses incurred outside headquarters in monitoring the performance of the third party inspection agency or third party inspector - 70.61(b)
- Failed to comply with inspection and other procedures established by the TIBCC - 70.72, 70.73, 70.74,70.79
- Failed to have a design package reviewed and approved as required - 70.70(a), 70.65(c)(3)
- Failed to make a copy of all approved documents available to the person performing inspections - 70.70(a)(4)(I)
- Failed to have each module or modular component individually inspected at each and every stage of the manufacturing process if compliance control program was waived - 70.70(c)
- Altered construction of the industrialized house or building from the approved design package - 70.74(a)
- Used proprietary information for purposes other than assuring compliance, or copied or distributed that information to another person - 70.76
- Attached a decal or insignia to module or modular component that was not constructed in accordance with the approved design package or construction documents and the mandatory building codes - 70.77(b)(1)
- Attached a decal or insignia to module or modular component that was not inspected as required - 70.77(b)(2)
- Failed to assure certification inspection and in-plant inspection have been performed prior to attaching a decal or insignia - 70.77(d)
- Failed to make the records of all decals and insignia received, decals and insignia used, and those which are on-hand, available to the Department upon request - 70.77(d)(3)
- Transferred decals or insignia from one manufacturing facility to another without prior written approval from the Department - 70.77(d)(4)
- Transferred decals or insignia that had been attached to a module or modular component to another module or modular component.- 70.77(d)(5)
- Failed to return removed decals or insignia to the Department - 70.77(d)(5)
- Failed to return unused decals or insignia to the Department upon expiration of registration - 70.77(d)(6)
- Failed to return decals or insignia to the department after the module or modular component was damaged or destroyed - 70.77(d)(7)
- Attached decals or insignia to a module or modular component prior to inspection - 70.77(d)(8)
- Attached decals or insignia to a module or modular component before all construction was complete and before all inspections by the facility's compliance control personnel was completed - 70.77(d)(9)
- Failed to allow the Department to enter the business premises and examine and copy any records that relate directly or indirectly to the inspection or investigation being conducted, or to inspect all records, books and documents pertaining to the agency's operation - 70.78(c)
- Failed to pay the fee and travel per diem costs for a certification or special inspection, or for the Department acting as a design review agency - 70.80(h), 70.80(i), 70.80(k), 70.80(l), 70.61(b)
- Used alternate materials or methods of construction without approval of the council - 70.103(a), 70.103(c)

Class D:

1st Violation, $3,000 to $5,000 and/or Revocation
2nd Violation, $3,000 to $5,000 and/or Revocation
3rd Violation, $3,000 to $5,000 and/or Revocation

- Obtaining a registration by fraud or false representation - 1202.302(1), 60.63(b)
- Engaged in a false, misleading, or deceptive act or practice as described by Subchapter E, Chapter 17, Business & Commerce Code - 1202.302(3)
- Failed to comply with previous order of Commission/Executive Director - 51.353(a), 1202.302(4)(B), 70.90
- Failed to pay the Department for a dishonored check - 60.82


Design Review Agencies

Class A:

1st Violation, Reprimand to $1,000
2nd Violation, $500 to $2,000
3rd Violation, $1,000 to $4,000 per day not corrected and/or 6-month probated suspension to 1-year full suspension

- Failed to apply the required stamp to each approved page of a design package or construction documents - 1202.155, 70.70(a)(4), 70.74(f)(6)(B), 70.70(a)(5)
- Failed to notify Department within 10 days of name change - 70.21(c)(1), 70.78(a)
- Failed to notify Department within 10 days of change of address - 70.21(c)(2), 70.78(a)
- Failed to notify Department within 10 days of change of 25% ownership - 70.21(c)(3), 70.78(a)
- Failed to notify Department within 10 days of a change in the principal officers - 70.21(c)(4), 70.78(a)
- Solicited, offered, or agreed to provide future design services for a manufacturer prior to the manufacturer completing all certification requirements - 70.60(c)
- Failed to have the signature of the manager or chief executive officer of the DRA on the original council stamp - 70.70(a)(4)(C)
- Failed to file a copy of all approved documents with Department within 5 days of approval - 70.70(a)(4)(E)
- Failed to file a copy all approved documents with the manufacturer or REF builder within 5 days of approval - 70.70(a)(4)(E)
- Failed to notify the Department of any changes in information regarding the location, organization, staff, or ownership of the organization - 70.78(a)
- Failed to list Department notification information where required - 70.78(b)

Class B:

1st Violation, $500 to $3,000 and/or 6-month probated suspension
2nd Violation, $1,500 to $5,000 plus 1-year probated suspension to 1-year full suspension
3rd Violation, $3,000 to $5,000 per day not corrected plus 1-year full suspension up to revocation

- Failed to file a report required by the Department for the administration or enforcement of Chapter 1202 - 1202.302(2)
- Failed to submit evidence of current code certifications - 70.21(b)(4)
- Failed to notify Department within 10 days of change in key technical personnel or changes in the certification of technical personnel - 70.21(c)(5)
- Failed to keep copies of all approved documents for a minimum of 5 years from the date that the documents were superseded by adoption of later editions of the mandatory building codes - 70.70(a)(4)(F)
- Failed to make a copy of all approved documents available to the Department upon request - 70.70(a)(4)(F)
- Failed to withdraw approval of a document in writing and set forth the reasons for the withdrawal - 70.70(a)(6), 70.74(f)(6)(B)
- Made revisions or corrections which did not meet the required criteria for documents submitted for review - 70.70(a)(7), 70.74(f)(6)(B)
- Failed to obtain the information necessary to ensure compliance with the mandatory building codes prior to approval of the document - 70.70(b), 70.70(a)(2)
- Failed to ensure that the compliance control documentation complied the these sections - 70.70(c), 70.70(a)(2)
- Failed to ensure that the on-site construction documentation complied to these sections - 70.70(d), 70.70(a)(2)
- Failed to retain all records pertinent to the review and approval of the alteration construction documents for a minimum of five years, or failed to provide the records to the Department upon request - 70.74(e)(1)(C), 70.74(e)(2)
- Failed to prepare a report that describes the nonconformances of the building to be recertified - 70.74(f)(6)(B)(i)
- Failed to complete a recertification transmittal form and forward a completed copy to the Department - 70.74(f)(6)(B)(iii)
- Failed to supply a copy of all documents pertinent to the recertification of the building to the Department upon request - 70.74(f)(6)(B)(iii)
- Failed to forward a completed copy of the recertification transmittal form and one approved copy of the construction documents to the industrialized builder - 70.74(f)(6)(B)(iv)
- Failed to 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 - 70.74(f)(6)(B)(v)

Class C:

1st Violation, $1,000 to $5,000 and/or 1-year probated suspension to 1-year full suspension
2nd Violation, $2000 to $5,000 plus 1-year probated suspension to revocation
3rd Violation, $3,500 to $5,000 per day not corrected plus revocation

- Placed a council stamp of approval on a design, plan, or specification that did not meet the applicable requirements - 1202.155, 70.70(a)(4)(D), 70.74(f)(6)
- Failed to comply with decision or interpretation of TIBCC - 1202.157, 1202.302(4)(C)
- Failed to pay a fee required by the Department for the administration or enforcement of Chapter 1202 - 1202.302(2)
- Failed to maintain compliance with the criteria for approval established by the council - 70.21(b)(3)
- Failed to reimburse the Department an hourly monitoring fee for expenses incurred outside headquarters in monitoring the performance of the design review agency - 70.61(d)
- Failed to review all designs, plans, specifications, calculations, compliance control programs, on-site construction documentation or specifications, and other documents as necessary and as required - 70.70(a)(2), 70.70(f), 70.70(f)(6)(B)
- Failed to obtain necessary information from the manufacturer or REF builder to assure that the designs and procedures are in compliance with the mandatory building codes and 16 Texas Administrative Code, Chapter 70 - 70.72(a)(2)(b)
- Used proprietary information for purposes other than assuring compliance, or copied or distributed that information to another person without permission - 70.76
- Failed to allow the Department to enter the business premises and examine and copy any records that relate directly or indirectly to the inspection or investigation being conducted, or to inspect all records, books and documents pertaining to the agency's operation - 70.78(c)
- Failed to pay the hourly fee, travel, and per diem costs for a monitoring or special inspection - 70.80(k), 70.80(l)
- Approved alternate materials or methods of construction without approval of the council - 70.103(a), 70.103(c)

Class D:

1st Violation, $3,000 to $5,000 and/or Revocation
2nd Violation, $3,000 to $5,000 and/or Revocation
3rd Violation, $3,000 to $5,000 and/or Revocation

- Obtaining a registration by fraud or false representation - 1202.302(1), 60.63(b)
- Engaged in a false, misleading, or deceptive act or practice as described by Subchapter E, Chapter 17, Business & Commerce Code - 1202.302(3)
- Failed to comply with previous order of Commission/Executive Director - 51.353(a), 1202.302(4)(B), 70.90
- Failed to pay the Department for a dishonored check - 60.82


Relocatable Educational Facility Builders

Class A:

1st Violation, Reprimand to $1,000
2nd Violation, $500 to $2,000
3rd Violation, $1,000 to $4,000 per day not corrected and/or 6-month probated suspension to 1-year full suspension.

- Failed to notify Department within 10 days of name change - 70.20(7)(A), 70.78(a)
- Failed to notify Department within 10 days of change of address - 70.20(7)(B), 70.78(a)
- Failed to notify Department within 10 days of change of 25% ownership - 70.20(7)(C), 70.78(a)
- Failed to notify Department within 10 days of a change in the principal officers - 70.20(7)(F), 70.78(a)
- Failed to provide written notification to Department of the selection of a design review agency - 70.70(a)(1)
- Failed to attach a data plate to site-built REF - 70.71(b), 70.71(e)
- Failed to have the data plate made of the required material and placed in an acceptable location - 70.71(c)
- Failed to provide a data plate that will not deteriorate over time and cannot be removed without destruction - 70.71(c)
- Attached the data plate on a readily removable item such as a cabinet door or similar component - 70.71(c)
- Failed to provide the owner of the REF the name, location, and address of the REF builder - 70.75(b)(1)
- Failed to provide the owner of the REF the location of the decals on the modules or modular components - 70.75(b)(2),
- Failed to provide owner of the REF a description of the location of the data plate - 70.75(b)(3),
- Failed to list Department notification information where required - 70.75(b)(6), 70.78(b)
- Failed to maintain evidence for a minimum of 5 years that the required information was delivered to the owner or lessee of the REF, or failed to provide a copy of the evidence to the Department upon request - 70.75(e)

Class B:

1st Violation, $500 to $3,000 and/or 6-month probated suspension
2nd Violation, $1,500 to $5,000 plus 1-year probated suspension to 1-year full suspension
3rd Violation, $3,000 to $5,000 per day not corrected plus 1-year full suspension up to revocation

- Failed to purchase a decal for the size of modular unit constructed - 1202.301(b), 70.80(j)
- Failed to file a report required by the Department for the administration or enforcement of Chapter 1202 - 1202.302(2)
- Failed to keep for a minimum of 10 years records containing the required information of all REFs constructed, or failed provide a copy of these records to the Department upon request - 70.50(c)
- Failed to keep a copy of all approved construction documents for a minimum of ten years from the date of completion of the units covered by the documents, or failed to make a copy of these documents available to the department upon request - 70.70(a)(4)(H)
- Failed to resubmit previously approved documents to a DRA for review and approval upon the change in a code edition - 70.70(a)(5)
- Failed to have construction approved to old code editions completed, inspected, and labeled within 180 days of adoption of new code editions - 70.70(a)(5)(B)
- Started construction of, or constructed, units or projects for Texas to documents approved to old code editions after the effective date of transition to the new code editions or after effective date of adoption of new code editions - 70.70(a)(5)
- Failed to have the data plate contain the required information - 70.71(d)
- Made alterations to an industrialized building that resulted in the structure not complying with mandatory building codes - 70.74(b), 70.102(b)
- Failed to provide required documents to the REF owner - 70.75(b)(4), 70.75(b)(5)
- Failed to assure that all sub-contractors are licensed as required by applicable state law - 70.79(a)
- Failed to schedule required inspection - 70.79(c)(1)
- Changed the inspector for a site-built REF project once started without prior written approval of the Department - 70.79(c)(1)
- Failed to maintain a copy of each inspection report for a minimum of 10 years from the date of successful final inspection, or failed to make a copy of the report available to the Department upon request - 70.79(c)(4)(B)

Class C:

1st Violation, $1,000 to $5,000 and/or 1-year probated suspension to 1-year full suspension
2nd Violation, $2000 to $5,000 plus 1-year probated suspension to revocation
3rd Violation, $3,500 to $5,000 per day not corrected plus revocation

- Failed to have a relocatable educational facility purchased after January 1, 2010 comply with all required provisions - 1202.004(b)
- Failed to construct site-built REF's in accordance with the mandatory state building codes as amended in §70.101 - 1202.151, 70.70(a)(5), 70.100, 70.102
- Failed to comply with decision or interpretation of TIBCC - 1202.157, 1202.302(4)(C)
- Sold or offered to sell, leased or offered to lease industrialized housing, buildings, or REFs in violation of law, rule, or order - 1202.301(b)
- Transported an industrialized house or building over a street or highway of this state in violation of law, rule, or order - 1202.301(b)
- Failed to pay a fee required by the Department for the administration or enforcement of Chapter 1202 - 1202.302(2)
- Engaged in the business of constructing or locating industrialized housing, buildings or REF's without a registration - 70.20, 70.20(6)(B)
- Failed to obtain a new registration when the new owners did not accept responsibility for units constructed under the previous owners - 70.20(7)(C)
- Failed to reimburse the Department the hourly monitoring fee for expenses incurred outside headquarters in monitoring the performance of a third party inspection agency, third party inspector, or third party site inspector - 70.61(c)
- Failed to have a construction documents reviewed and approved as required - 70.70(a)
- Failed to make a copy of all approved documents available to the person performing inspections - 70.70(a)(4)(I)
- Used proprietary information for purposes other than assuring compliance, or copied or distributed that information to another person - 70.76
- Attached a decal or insignia to module or modular component that was not constructed in accordance with the approved design package or construction documents and the mandatory building codes - 70.77(b)(1), 70.77(e)
- Attached a decal or insignia to module or modular component that was not inspected as required - 70.77(b)(2), 70.77(e)
- Transferred decals to another REF project without prior written approval from the Department - 70.77(e)(3)
- Transferred decals from one site-built REF to another without prior written approval from the Department - 70.77(e)(4)
- Failed to return decals that were transferred without written consent to the department - 70.77(e)(5)
- Failed to return decals to the department after the site-built REF was damaged or destroyed - 70.77(e)(5)
- Failed to allow the Department to enter the business premises during regular business hours and examine and copy any records that relate directly or indirectly to the inspection or investigation being conducted, or to inspect all records, books and documents pertaining to the agency's operation - 70.78(c)
- Failed to ensure that construction complied with the approved construction documents and the mandatory building codes - 70.79(a)
- Permitted a site-built REF to be occupied before a certificate of occupancy was issued - 70.79(b)(2)
- Failed to assure that all required inspections were completed in accordance with the inspection procedures of the council.- 70.79(c)(2)
- Permitted occupancy or released the building for occupation before a successful final inspection was completed - 70.79(c)(4)
- Attached a decal or decals before successful final inspection had been completed.- 70.79(c)(4)(C)
- Failed to pay the fee and travel per diem costs for a special inspection - 70.80(k), 70.80(l), 70.61(c)
- Used alternate materials or methods of construction without approval of the council - 70.103(a), 70.103(c)

Class D:

1st Violation, $3,000 to $5,000 and/or Revocation
2nd Violation, $3,000 to $5,000 and/or Revocation
3rd Violation, $3,000 to $5,000 and/or Revocation

- Obtaining a registration by fraud or false representation - 1202.302(1), 60.63(b)
- Engaged in a false, misleading, or deceptive act or practice as described by Subchapter E, Chapter 17, Business & Commerce Code - 1202.302(3)
- Failed to comply with previous order of Commission/Executive Director - 51.353(a), 1202.302(4)(B), 70.90
- Failed to pay the Department for a dishonored check - 60.82


Third Party Inspection Agencies, Third Party Inspectors and Third Party Site Inspectors

Class A:

1st Violation, Reprimand to $1,000
2nd Violation, $500 to $2,000
3rd Violation, $1,000 to $4,000 per day not corrected and/or 6-month probated suspension to 1-year full suspension.

- Failed to notify Department within 10 days of name change - 70.21(c)(1), 70.78(a)
- Failed to notify Department within 10 days of change of address - 70.21(c)(2), 70.78(a)
- Failed to notify Department within 10 days of change of 25% ownership - 70.21(c)(3), 70.78(a)
- Failed to notify Department within 10 days of a change in the principal officers - 70.21(c)(4), 70.78(a)
- Failed to notify the Department that an industrialized builder or installation permit holder failed to call for final inspection within 180 days of the start of construction - 70.51(c)(3)
- Solicited, offered, or agreed to provide future in-plant inspection services for a manufacturer prior to the manufacturer completing all certification requirements - 70.60(c)
- Failed to provide the Department a written schedule of inspections a minimum of seven days prior to an inspection or failed to immediately notify the Department of a rescheduled inspection - 70.72(c)
- Failed to document the inspections on the forms and in the format required by the Department and the Council - 70.74(f)(7)(H)
- Failed to place in an acceptable location on each required altered or recertified house or building a recertification or alteration data plate containing the required information - 70.74(f)(8), 70.74(g), 70.74(g)(4)
- Failed to notify the Department of any changes in information regarding the location, organization, staff, or ownership of the organization - 70.78(a)
- Failed to list Department notification information where required - 70.78(b)

Class B:

1st Violation, $500 to $3,000 and/or 6-month probated suspension
2nd Violation, $1,500 to $5,000 plus 1-year probated suspension to 1-year full suspension
3rd Violation, $3,000 to $5,000 per day not corrected plus 1-year full suspension up to revocation

- Failed to file a report required by the Department for the administration or enforcement of Chapter 1202 - 1202.302(2)
- Failed to keep on file for a minimum of five years a copy of all inspection reports for plant inspections performed by the TPIA/TPI - 70.51(a)(1)
- Failed to file plant inspection reports on the required forms and in the required format to the Department each week or at other required intervals - 70.51(a)(2)
- Failed to keep a copy of all REF onsite inspection reports for a minimum of five years from the date each unit covered by the inspection report receives a Texas decal - 70.51(b)(1)
- Failed to file REF onsite inspection reports on the required forms and in the required format to the Department each week or at other required intervals - 70.51(b)(2)
- Failed to keep a copy of all IHB onsite inspection reports for a minimum of five years from the date of inspection - 70.51(c)(1)
- Failed to make a copy of an IHB onsite inspection report on the required forms and in the required format available to the Department upon request - 70.51(c)(2)
- Failed to notify the department that an industrialized builder or installation permit holder failed to correct deviations prior to occupation of the industrialized house or building - 70.51(c)(4)
- Failed to schedule inspections at varying intervals to review any and all aspects of the manufacturer's production and compliance control program - 70.72(b)
- Failed to submit evidence of current code certifications - 70.21(b)(4)
- Failed to notify the Department within 10 days of changes in technical personnel of the agency or of changes in required code certifications - 70.21(c)(5)
- Failed to inspect every visible aspect of every module at least at one point prior to completion of the structural, plumbing, mechanical, or electrical phases - 70.72(b)(2)
- Failed to perform inspection of system testing at least once every third inspection - 70.72(b)(3)
- Failed to inspect the energy compliance design at every inspection - 70.72(b)(3)
- Failed to inspect the energy compliance design for buildings not required to meet the envelope requirements of the mandatory energy code at every third inspection - 70.72(b)(3)
- Failed to increase the inspection frequency at the manufacturing facility as required by procedures established by the council, or as necessary - 70.72(b)
- Failed to notify the manufacturer when an inspection shows that the manufacturer is not constructing in accordance with the approved design package, or not conducting compliance control inspections in accordance with the procedures in the approved design package - 70.72(d)
- Failed to document all deviations on the in-plant inspection report in accordance with the procedures approved by the council. - 70.72(d)
- Failed to furnish the manufacturer a copy of the inspection report upon completion of the in-plant inspection - 70.72(e)
- Failed to provide the industrialized builder or installation permit holder a copy of the inspection report upon completion of each phase of the inspection - 70.73(e)(6)
- Failed to include a list of violations on the inspection report - 70.73(e)(6)
- Failed to retain all records pertinent to alteration inspections for a minimum of five years, or failed to provide the records to the Department upon request - 70.74(e)(1)(D), 70.74(e)(2)
- Failed to complete a recertification inspection report, or provide a copy of the inspection report to the industrialized builder or alteration permit holder, or submit to the Department upon request - 70.74(f)(7)(H)
- Failed to maintain records of all recertification inspection reports for five years from the date of successful completion of inspections for a building or project - 70.74(f)(7)(H)
- Failed to affix the alteration decal to each industrialized building module or modular component upon completion of the construction and successful completion of all required inspections - 70.74(f)(7), 70.74(f)(7)(A)
- Failed to provide the REF builder a copy of the inspection reports upon completion of each phase of the inspection, or failed to list all violations on a report - 70.79(c)(3)

Class C:

1st Violation, $1,000 to $5,000 and/or 1-year probated suspension to 1-year full suspension
2nd Violation, $2000 to $5,000 plus 1-year probated suspension to revocation
3rd Violation, $3,500 to $5,000 per day not corrected plus revocation

- Failed to comply with decision or interpretation of TIBCC - 1202.157 1202.302(4)(C)
- Failed to pay a fee required by the Department for the administration or enforcement of Chapter 1202 - 1202.302(2)
- Failed to maintain compliance with the criteria for approval established by the council - 70.21(b)(3)
- Failed to comply with inspection and other procedures established by the TIBCC - 70.51, 70.72, 70.73, 70.74, 70.79
- Failed to ensure that all conditions of certification outlined in the certification report were met - 70.60(f)
- Affixed a decal to a module where inspection revealed that the building did not comply with the approved recertification or alteration construction documents or the mandatory building codes - 70.74(d)
- Failed to comply with the inspection requirements for each recertification class or emergency equipment and replacement repairs - 70.74(f)(7)
- Failed to verify units to be inspected are those depicted in approved plans or failed to verify the original decal and serial number - 70.74(f)(7)(D), 70.74(f)(7)(I)(i), 70.74(f)(7)(J)(i)
- Failed to return the alteration decals to the Department if the units do not comply with the construction plans, if the units are not those identified in the construction plans, or if inspection revealed that the units have been altered from the approved construction documents - 70.74(f)(7)(D)(ii), 70.74(f)(7)(I)(iii), 70.74(f)(7)(J)(iii), 70.74(f)(7)(J)(iv)
- Used a manufacturer's proprietary information for purposes other than assuring compliance, or copied or distributed that information to another person without permission - 70.76
- Failed to confiscate decals or insignia from the manufacturer when the manufacturer failed to correct violations identified during the inspection or failed to abide by the approved compliance control procedures - 70.77(c)(1)
- Released a decal to a REF builder or attached a decal to a site-built REF before construction was completed or before all violations identified during inspection were corrected - 70.77(c)(2)
- Failed to allow the Department to enter the business premises and examine and copy any records that relate directly or indirectly to the inspection or investigation being conducted, or to inspect all records, books and documents pertaining to the agency's operation - 70.78(c)
- Failed to pay the hourly fee, travel, and per diem costs for a or special inspection - 70.80(k),
- Approved alternate materials or methods of construction without approval of the council - 70.103(a), 70.103(c)

Class D:

1st Violation, $3,000 to $5,000 and/or Revocation
2nd Violation, $3,000 to $5,000 and/or Revocation
3rd Violation, $3,000 to $5,000 and/or Revocation

- Obtaining a registration by fraud or false representation - 1202.302(1), 60.63(b)
- Engaged in a false, misleading, or deceptive act or practice as described by Subchapter E, Chapter 17, Business & Commerce Code - 1202.302(3)
- Failed to comply with previous order of Commission/Executive Director - 51.353(a), 1202.302(4)(B), 70.90
- Failed to pay the Department for a dishonored check - 60.82