Certification Inspection Program

Revised effective January 22, 2010

REFERENCES
PURPOSE
CERTIFICATION TEAM
SCHEDULING OF INSPECTION
PRE-CERTIFICATION PROCEDURES
INSPECTION REPORT
INSPECTION PROCEDURES
POST CERTIFICATION PROCEDURES
DECALS AND INSIGNIA

REFERENCES

(a) Specific sections of the Chapter 1202 of the Occupations Code, Industrialized Housing and Buildings, that are applicable to the certification of industrialized housing and buildings manufacturers include, but are not limited to the following.

(1) § 1202.001, General Definitions

(2) § 1202.002, Definition of Industrialized Housing

(3) § 1202.003, Definition of Industrialized Building

(4) § 1202.151, Building Codes

(5) § 1202.152, Building Code Amendment

(6) § 1202.154, Design Review

(7) § 1202.155, Council Stamp of Approval

(8) § 1202.156, Council Determination of Certain Questions Relating to Industrialized Housing and Buildings

(9) § 1202.157, Council Decisions Binding

(10) § 1202.201, Inspection Procedures

(11) § 1202.202, Department Inspections

(12) § 1202.204, Rules Providing for Decals or Insignia

(b) Specific sections of the rules governing Industrialized Housing and Buildings that are applicable to the certification of industrialized housing and buildings manufacturers include, but are not limited to the following.

(1) § 70.20, Registration of Manufacturers, REF Builders, and Industrialized Builders

(2) § 70.30, Exemptions

(3) § 70.60, Responsibilities of the Department – Plant Certification

(4) § 70.70, Responsibilities of the Registrants – Manufacturer’s Design Package and REF Builder’s Construction Documents

(5) § 70.71, Responsibilities of the Registrants – Data Plate

(6) § 70.77, Responsibilities of the Registrants – Decals and Insignia for New Construction

(7) § 70.80, Commission Fees

(8) § 70.100, Mandatory Building Codes

(9) § 70.101, Amendments to Mandatory Building Codes

(10) § 70.102, Use and Construction of Codes

PURPOSE

A certification inspection of industrialized housing and buildings is primarily an evaluation function. A certification inspection has two primary purposes.

(a) To verify that the manufacturer is capable of producing modules or modular components that comply with the law and the rules, mandatory building codes and approved design package.

(b) To verify that the manufacturer’s approved compliance control program will ensure compliance now and in the future.

CERTIFICATION TEAM

(a) A certification team is generally composed of two people: a team leader who must be a department employee, an engineer, or other qualified person and a qualified inspector. The certification team represents the interests of the Department and the Texas Industrialized Building Code Council during the certification process. Team members may be chosen from eligible Department or third party inspectors.

(b) The team leader may not be an employee of the third party inspection agency responsible for regular in-plant inspections of the manufacturer or the design review agency responsible for review of the manufacturer’s design package. The following persons may not solicit, offer, or agree to provide future design review or in-plant inspection services for the manufacturer prior to the manufacturer completing all certification requirements:

(1) an agency that provides the certification team leader;

(2) any team member that is not employed by the manufacturer’s current TPIA or DRA; and

(3) an agency other than the manufacturer’s current TPIA or DRA that provides a team member that is not the team leader.

(1) Shall have a minimum 5 years experience inspecting or monitoring compliance control programs in the industrialized building industry. Some experience in the performance of Texas certification inspections is preferable.

(2) Shall possess certification as either a combination inspector, a combination residential inspector, or a combination commercial inspector as granted by ICC.

(3) Shall possess certification as either a commercial or residential energy inspector as granted by ICC. The type of energy certification required will be dependent upon the type of building constructed by the manufacturer to be certified.

(4) Shall meet the criteria for approval as a plan reviewer as outlined in Department rule 70.22(B) in one of the following areas of review: structural, mechanical, electrical, plumbing, building planning, or fire safety. A person with 4 or more years experience in the performance of Texas certification inspections may act as a team leader without the plan reviewer criteria as long as oversight is provided by either a Department employee or other person meeting the criteria for a team leader.

(d) A third party inspector acting as part of a certification team should not be employed by the agency responsible for regular in-plant inspections of the manufacturer. Eligible third party inspectors must meet the following criteria to be chosen to act as part of the certification inspection team.

(1) The inspector shall be currently registered with the Department as a third party inspector.

(2) The inspector shall be currently approved by the Council as a third party inspector.

(3) The inspector shall have been monitored one or more times by the Department in the performance of an inspection for Texas and have shown satisfactory knowledge and performance of Texas inspection procedures for industrialized housing and buildings.

(4) The inspector shall be available for the duration of the certification inspection.

(e) A person who acts as a certification team leader, team member, or provides oversight to a team leader shall provide the Department with a signed notarized statement indicating the following.

(1) That they have read and understand the IHB Certification Inspection Program for Texas and will perform the inspection within the parameters of these procedures.

(2) That they have read and understand the IHB In-Plant Inspection Program procedures.

(3) That they will not solicit as a client the manufacturer being certified during the course of the certification inspection.

(4) That they will consistently and uniformly implement the policies and determinations of the Industrialized Building Code Council with regard to determinations of the standards and rules and interpretations of the mandatory building codes.

(5) That they will represent the interests of the Department and the Texas Industrialized Building Code Council in the performance of his duties as a member of the certification inspection team.

(f) It is the responsibility of the team leader to direct all activities, to determine the manpower requirements for the inspection, and to answer questions or resolve problems that may arise during the course of the inspection. Questions concerning the acceptability of a manufacturer’s procedures or construction practices shall be directed to the team leader, not to the supervisor of the inspector. Questions that cannot be resolved by the team leader shall be directed to the designated Department personnel.

(g) Unless otherwise determined by the Department or the team leader, the inspection team activities will focus on the manufacturing facility for the entire first week. Thereafter, requirements for the team, or a member of the team, to be in the plant will be determined by the manufacturer’s construction schedule, the schedule of the certification team members, and the ability of the manufacturer to comply with the approved procedures and construct to the mandatory building codes and approved design manual.

(h) Team members shall have a good working knowledge of the mandatory building codes enacted in section 70.100 and 70.101 of the rules governing industrialized housing and buildings. In addition, they shall be familiar with Chapter 1202 of the Occupations Code, Industrialized Housing and Buildings; and Industrialized Housing and Buildings Rules, Chapter 70; and have a good working knowledge of blueprint reading and interpretation.

SCHEDULING OF INSPECTION

(a) A manufacturing facility shall request a certification inspection in writing a minimum of two weeks in advance of the preferred start date of the inspection. Although the Department shall make every attempt to schedule the inspection to coincide with the manufacturer’s preferred start date, the actual start date for the inspection will be dependent upon other inspections that may already be scheduled and the availability of qualified team members. Inspections will be scheduled based on the date and time of receipt of the written request with registered manufacturers receiving preference over non-registered manufacturers.

(b) A copy of the manufacturer’s approved design package (reference Department rule 70.10 for definition of design package), including the project to be constructed during the certification inspection, shall be in the Department’s office a minimum of 2 working weeks prior to the start of the inspection or the inspection shall be rescheduled to the next available inspection date. The inspection shall not be scheduled prior to receipt of the approved design package. The manufacturer or manufacturer’s design review agency will also provide a copy of the approved design package to the designated team leader at least 2 weeks prior to the start of the certification inspection.

PRE-CERTIFICATION PROCEDURES

(a) A pre-certification review of the approved design package will be performed by the Department and/or the certification team and a deviation report prepared of items in the package that were not readily apparent or which do not conform to the law and rules governing the Industrialized Housing and Buildings program, the mandatory building codes, or other applicable laws, such as the Texas Engineering Practice Act. The deviation report shall be forwarded to the manufacturer and the manufacturer’s design review agency. All items shall be cleared prior to certification of the manufacturer. The inspection start date will be postponed to a later date if the pre-certification review indicates a large number of significant failures to comply.

(b) An estimated billing statement for Department personnel involved in the first week or phase of the inspection will be submitted to the manufacturer prior to the start of the inspection. In some cases payment may be requested prior to the start of the inspection. Team leaders who are not Department personnel and third party inspectors acting as members of the certification team shall bill the manufacturer separately. All fees and expenses incurred by Department personnel, non-Departmental team leaders, and third party inspectors acting as a member of the certification team shall be paid prior to certification of, or release of decals to, the manufacturer.

(c) A “Manufacturer’s Acknowledgement Form for Certification Inspections” shall be submitted to the manufacturer for review prior to the start of the certification inspection. The form requires the manufacturer to acknowledge an understanding of the purpose of the certification inspection and the requirements that must be met to be certified.

(d) A manufacturer may begin construction on a unit provided no phases of construction are covered prior to the start of the in plant portion of the certification inspection. A manufacturer may elect to have several units in various phases of construction with the understanding that deviations identified on a module or modular component in an earlier stage of construction could result in rejection of a module or modular component in a later stage of construction that was not inspected by the certification team.

INSPECTION REPORT

The in-plant phase of the certification inspection shall be recorded on the IHB Certification Inspection forms.

(a) Form #’s 062ihb, Certification Inspection Record Summary – used to summarize units inspected during each day of the inspection, to document concerns and observations about the inspection, and to document the progress of work performed to date.

(b) Form #063ihb, Certification Inspection Deviation Report – used to document deviations on the units inspected.

(c) Form #064ihb, Certification Energy Inspection Summary Sheet – used to document the energy compliance of the units inspected.

(d) Form #065ihb, Certification Inspection – Monitoring of System Testing – used to document system testing witnessed on units inspected.

INSPECTION PROCEDURES

The certification inspection team shall spend as much time as necessary in the manufacturing facility to ensure that all aspects of the compliance control program are functioning according to the manufacturer’s approved procedures. At least one module or modular component containing all systems, or a combination of modules or modular components containing all systems, shall be observed during all phases of construction in the facility. The certification inspection team shall inspect all units in production for Texas during the course of the certification inspection. Identical units in production for other states may be inspected as an aid in the evaluation of the facility provided the manufacturer agrees to comply with the requirements of the certification inspection team in the construction of those units. Texas approved construction documents shall be available for all units inspected.

All deviations, including those from the pre-certification review, shall be cleared to the satisfaction of the certification inspection team and the Department prior to certification of, or release of decals to, the manufacturer. Corrective actions taken to clear deviations must be inspected by a member of the certification team. Revisions to plans, specifications, design manual, or compliance control manual taken to correct deviations shall be reviewed and approved by the manufacturer’s design review agency prior to acceptance by the certification team. Alternate materials or methods of construction without approval from ICC, or without approval from the Texas Industrialized Building Code Council, shall not be accepted in the construction of industrialized housing or buildings. HUD approval shall not be considered equivalent.

(a) The in plant phase of the certification inspection shall begin with an entrance interview between the certification team, the facility’s plant manager, and personnel responsible for implementing the plant’s compliance control program. The manager may also designate additional personnel to participate in the entrance interview. The team shall review the contents of the manufacturer’s certification packet and the purpose and procedures for completion of a Texas certification inspection. The manufacturer’s representative shall sign a statement that he has received the certification packet and that the contents of the packet have been explained to him. The manufacturer’s representative shall also be required to complete and sign the “Manufacturer’s Acknowledgement Form for Certification Inspections” at this time. Both forms become part of the Department’s permanent records for that manufacturer.

(b) The team requests access to the approved design package and a suitable location in which to work. The manufacturer shall provide a copy of the approved construction documents to the team for their use during and after the in plant phase of the inspection. The certification team shall review the design package in detail, noting significant design features and unique aspects of construction. The review shall assure that all members of the team are familiar with the manufacturer’s design and compliance control procedures. The inspection of the modules or modular components in the production line by the inspection team shall begin upon completion of this review.

(c) The certification team shall inspect all phases of construction for compliance to the approved design package and to the mandatory building codes and to assure that the plant is following the approved compliance control procedures.

(d) The certification team shall witness system testing on one or more modules. Failure of a system test is not a deviation. Failure to take action to correct the cause of the failure of the system test is a deviation and shall be documented as such. Failure to follow the approved procedures for performing the system test shall be documented as a deviation.

(e) The certification team shall allow the manufacturer’s compliance control personnel the opportunity to inspect and discover deviations to the approved design package or to the mandatory building codes in accordance with the procedures outlined in the manufacturer’s compliance control manual. Deviations noted by the certification inspection team shall be brought to the attention of the designated plant personnel after inspection by the plant’s personnel, but prior to the construction being covered in the normal process of construction. Failure of the plant’s compliance control personnel to identify and initiate corrective action for deviations shall be documented as a failure of the plant’s compliance control program. Repetitive deviations or failure to follow approved procedures may require changes in the plant’s compliance control procedures.

(f) The certification team will hold daily reviews of the progress of the inspection with the plant’s personnel. An exit interview shall be conducted with plant personnel on the final day of the first week of the in plant phase of the certification inspection. The certification team shall review the progress of the inspection, review outstanding deviations from both the in plant phase of the inspection and the pre-certification review, and determine if and when one or more members of the certification team will need to return to the plant to continue the inspection. The certification inspection fee for this phase of the inspection for Department personnel is collected at this time.

(g) Certification team members required to return to the facility to continue the inspection will continue to hold daily reviews of the progress of the inspection with the plant’s personnel and shall conduct an exit interview prior to their departure from the plant. The certification inspection fee for Department personnel is collected at the time of the exit interview.

(h) The in-plant portion of the certification inspection shall conclude when all phases of construction and all system testing has been witnessed by the certification team, upon verification that all corrective actions on the certification units have been completed, and when enough data has been collected to fully evaluate all aspects of the manufacturing facility.

POST CERTIFICATION PROCEDURES

Upon completion of the initial week of the certification inspection, the team leader shall evaluate the progress of the inspection and provide a written evaluation of the progress to the Department and the manufacturer. Return trips to the facility will be scheduled as necessary to inspect all phases of construction and fully evaluate the facility.

(a) The Department shall submit an actual billing statement for Department personnel for the initial in-plant portion of the certification inspection to the manufacturer where the actual exceeds the estimate. Any overages in payment shall be refunded to the manufacturer should the estimate exceed the actual statement. Billing statements for Department personnel for return trips to the facility to continue the inspection shall be processed in the same manner as for the initial trip.

(b) A deviation report summary is issued when unresolved deviations exist. The deviation report summary shall document all uncleared deviations to date. A copy of this summary shall be submitted to the manufacturer and the manufacturer’s design review agency. If no response is received within 30 days, the team leader shall inform the manufacturer in writing that the certification file will be closed unless a written response is received or written verification is received from the manufacturer of their desire to continue the certification process. The manufacturer shall be required to provide a written statement of intent to the Department to continue the certification process every 30 days until such time as all requirements for certification are met and the facility is certified, the manufacturer’s registration expires and is not renewed, the manufacturer decides to terminate the certification process, or the time period for completing the certification requirements expires. The Department shall close the certification file and the manufacturer shall not be certified if verification is not received within the 30 day period. In some cases, it may be necessary for the certification team to resume the in-plant phase of the inspection to verify compliance.

(c) A manufacturer who has not been certified within 6 months of the start date of the in-plant inspection portion of the certification inspection shall not be certified and a non-compliance report shall be issued. The manufacturer shall be required to complete a new certification inspection to become certified.

(d) A manufacturer shall not be certified, nor a certification report issued, if all inspection fees have not been paid.

(e) A non-compliance report shall be issued if the certification team determines that the manufacturer is not capable of meeting the certification requirements or if the manufacturer is unable to complete the certification requirements. The report may include recommendations for improvement and shall include the following.

(1) The file number for the certification inspection.

(2) The name, facility address, and Texas registration number of the manufacturer.

(3) The names and titles of the certification team members.

(4) The serial or identification numbers of the modules or modular components inspected.

(5) The name and Texas registration number of the manufacturer’s design review agency and third party inspection agency at the time of certification.

(6) A description of the building system inspected.

(7) The initial approval date of the manufacturer’s design package.

(8) A copy of the pre-certification deviation report.

(9) A copy of the certification inspection report forms from the in plant phase of the certification inspection.

(10) An explanation of why the manufacturer can not be certified.

(f) A facility evaluation report, or certification report, shall be issued when all the requirements for certification have been met. The certification report shall include the following.

(1) The file number for the certification inspection.

(2) The name, facility address, and Texas registration number of the manufacturer.

(3) The names and titles of the certification team members.

(4) The serial or identification numbers of the modules or modular components inspected.

(5) The name and Texas registration number of the manufacturer’s design review agency and third party inspection agency at the time of certification.

(6) A description of the type of building system inspected.

(7) The initial approval date of the manufacturer’s design package.

(8) Conditions of Certification – The first unit after certification with any type of construction other than that described in the certification report shall require 100% inspection of that construction either by the Department or a third party inspector approved by the Department to perform this inspection. This inspection is in addition to the normal in plant inspection required by the in plant inspection procedures. The manufacturer shall notify the Department when construction other than that described in this report is to commence. In addition, the report shall specify specific conditions of certification that must be met in the future.

(9) A statement of certification in accordance with Department rule 70.60(b)(8) and signature of the department employee authorized to sign the facility evaluation report.

(10) A copy of the pre-certification deviation report, including corrective actions taken to clear all items.

(11) A copy of the certification inspection report forms from the in plant phase of the certification inspection, including corrective actions taken to clear all items.

DECALS AND INSIGNIA

(a) Decals or insignia shall not be released to the manufacturer for the certification units without evidence that the person receiving the units is either registered as an industrialized builder or has received an installation permit from the Department.

(b) Decals or insignias shall not normally be issued to the manufacturer until all requirements for certification have been met and all deviations have been cleared to the satisfaction of the Department and the certification team. At the discretion of the Department a decal or insignia may be issued for placement on each certification unit prior to certification of the manufacturer if the following requirements have been met.

(1) All inspection fees have been paid.

(2) The Department finds that each unit was constructed in compliance with the mandatory building codes.