TDLR Logo TDLR Logo

Site Navigation

Justification for Adoption of Administrative Rules

JUSTIFICATION FOR ADMINISTRATIVE RULE ADOPTION
Industrialized Housing and Buildings
16 Texas Administrative Code, amendments to Chapter 70, §§70.22-70.25, 70.30, 70.60, 70.70, 70.73, and 70.101.

The Texas Commission of Licensing and Regulation (Commission) adopts amendments to existing rules at 16 Texas Administrative Code (TAC), Chapter 70, §§70.22, 70.25, 70.30, and 70.60, regarding the Industrialized Housing and Buildings program without changes to the proposed text as published in the November 29, 2019, issue of the Texas Register (44TexReg7278). Sections 70.22, 70.25, 70.30, and 70.60 will not be republished.

The amendments to §§70.23, 70.24, 70.70, 70.73, and 70.101, regarding the Industrialized Housing and Buildings program are adopted with changes to the proposed text as published in the November 29, 2019, issue of the Texas Register (44TexReg7278). Sections 70.23, 70.24, 70.70, 70.73, and 70.101 will be republished. The adopted changes are referred to as “adopted rules.”

EXPLANATION OF AND JUSTIFICATION FOR THE RULES

The adopted rules are necessary to implement House Bill (HB) 1385 and HB 2546, 86th Legislature, Regular Session (2019) and make clean-up and clarification changes.

HB 1385 Changes

HB 1385 removed the height limit for industrialized housing and buildings regulated by the Department. The adopted rules are necessary to ensure the safety of the public as structures taller than four stories or 60 feet are now regulated by the Department. Specifically, the adopted rules ensure that persons who perform design review or inspections have necessary expertise in fire safety. The adopted rules also require builders who install structures taller than 75 feet to be registered with the Department as industrialized builders, rather than obtaining installation or alteration permits, so that the Department is better able to ensure that all necessary inspections are performed. In addition, the adopted rules remove an exemption that conflicts with the changes made by HB 1385. The adopted rules also require manufacturers to complete a certification update if they wish to construct modules or modular components that are outside the scope of their existing certification. This change is necessary to ensure that modules and modular components for new projects, such as taller structures that were not previously under the Department’s regulation, will be constructed in accordance with the mandatory building codes. Furthermore, the adopted rules extend the deadline for completing work to 365 days for structures built to a code other than the International Residential Code (IRC), giving builders more time to complete more complex structures.

Additionally, the adopted rules update the site inspection requirements to account for taller, more complex structures built under the Department’s program. The adopted rules do not create additional inspection requirements, but better describe the existing requirements so that they apply to all industrialized housing and buildings regulated by the Department. For example, the adopted rules delete existing language stating that on-site inspections are normally completed in three phases, as this is not true for taller and more complex structures. The adopted rules explicitly require all inspections required by the mandatory building codes, including special inspections, which may be required for taller structures. The adopted rules also require that special inspections be conducted by persons who are approved by the Industrialized Housing and Buildings Code Council (Council) and require Department approval in order to change the person or agency once the special inspection has already begun. These changes are necessary to ensure that taller structures are adequately inspected.

HB 2546 Changes

HB 2546 gives manufacturers and builders the option to construct single-family industrialized housing in accordance with certain local amendments to the statewide energy code in Texas for single-family residential construction. Those local amendments or alternative compliance paths must be requested by a municipality, county, or group of counties in the climate zone where the housing will be located and must be determined by the Energy Systems Laboratory at Texas A&M University to be equally or more stringent than the statewide energy code. The bill also required manufacturers and builders to make available all documentation necessary to evaluate the industrialized housing.

The adopted rules require manufacturers to send design review agencies information on the local amendments or alternative compliance paths to which the manufacturer will construct a modular home. This is necessary to enable the design review agency to properly review the plans for the home. The adopted rules also add an amendment to the mandatory building codes to allow single-family housing to be constructed in accordance with the local amendments and alternative compliance paths that are authorized by HB 2546.

Clean-up and Clarification Changes

The adopted rules also include several changes designed to make the rules easier to understand by adding a new subsection to the amendments to the mandatory building codes, in order to clarify that electrical tests must be performed on modular buildings as well as homes. These tests are already required in the current rules, but there is some confusion because the current rules reference a section of the National Electrical Code (NEC) which pertains to manufactured housing. By adding a new Article 545.14 to the NEC, the adopted rules will make it clearer that electrical testing is to be performed on both housing and buildings.

The adopted rules also use new language to clarify which buildings are exempt from site inspections, as the adopted language is more precise than the existing language and may lessen any confusion about which buildings do not require site inspections. Additionally, the adopted rules clarify that the prohibition on destructive disassembly applies only to modules or modular components completed in the plant and certified by a Department-issued decal or insignia. This is necessary as projects may include a mixture of modular and site-built construction.

The adopted rules also make clean-up changes, including incorporating third-party inspection agencies into the rule regarding site inspections, and changing the description of how violations and corrective actions must be documented. The new description of how to document violations gives the Department flexibility to prescribe new, more efficient methods of documentation in the future. The clean-up change adding third-party inspection agencies is necessary because the agencies are already involved, through their inspectors, in the site inspection process.

SECTION-BY-SECTION SUMMARY

The adopted rules amend §70.22 by requiring fire safety reviewers to have International Code Council (ICC) certification as a fire plans examiner.

The adopted rules amend §70.23 to require ICC or National Fire Protection Association (NFPA) fire inspector certifications for various third-party inspection agency personnel. Specifically, the third-party inspection agency supervisor of inspections must have ICC or NFPA certification as a fire inspector I. Inspectors who perform in-plant inspections of modules or modular components that will be part of a project over 75 feet must have ICC or NFPA certification as a fire inspector I and inspectors who perform installation inspections of a project over 75 feet must have ICC or NFPA certification as a fire inspector II.

The adopted rules amend §70.24 by requiring third-party site inspectors who perform installation inspections of industrialized housing or buildings taller than 75 feet to have ICC or NFPA certification as a fire inspector II.

The adopted rules amend §70.25 by prohibiting installation permits or alteration permits for structures that are taller than 75 feet.

The adopted rules amend §70.30 by removing an exemption for structures that are taller than 4 stories or 60 feet. The adopted amendments also renumber the subsection accordingly.

The adopted rules amend §70.60 by requiring a manufacturer, who wishes to construct modules or modular components outside the scope of the manufacturer’s current certification, to complete a certification update inspection for the aspects of construction for which the manufacturer is not currently certified.

The adopted rules amend §70.70 by: (1) requiring manufacturers to send design review agencies any local amendments or alternative compliance paths, to which the manufacturer will construct a modular home; and (2) referring to a new section of the NEC, which is added in §70.101 of the adopted rules, and specifying the electrical tests that must be performed on industrialized houses and buildings.

The adopted rules amend §70.73 by:

- removing language stating that on-site inspections are normally accomplished in three phases, and instead explicitly requiring all inspections required by certain codes (the IBC, IMC, IPC, IFC, IFGC, IECC, IFC, and IRC), special inspections required by the IBC, a set inspection, and a final inspection;

- requiring that special inspections be conducted by persons who are approved by the Council and meet all applicable requirements;

- requiring Department approval to change the inspector or agency once the special inspection has already begun;

- providing a longer deadline for completion (365 days) for structures that are built to a code other than the IRC;

- clarifying which structures are exempt from site inspections;

- clarifying that the prohibition on destructive disassembly during site inspections applies only to modules or modular components completed in a plant and certified by a Department-issued decal or insignia;

- changing the word “assuring” to “ensuring” as this wording may be clearer;

- adding inspection agencies as persons who may be contacted to schedule inspections;

- adding that an industrialized builder or installation permit holder may not change the inspection agency for a project once started without written approval from the Department;

- requiring inspection violations and corrective actions to be documented in accordance with Council procedures, rather than on a specific form.

- subsection (c) (1-3) was inadvertently omitted from the proposed text and is as published. No changes have been made to original TAC language.

The adopted rules amend §70.101(h)(5) to allow single-family industrialized housing to be built in accordance with the energy code with any local amendments or alternative compliance paths that are requested by a municipality, county, or group of counties located in the climate zone where the house will be located and are determined by the Texas Energy Systems Laboratory to be equally or more stringent than the energy code adopted by the State Energy Conservation Office (SECO). The adopted amendments also renumber the subsection accordingly.

The adopted rules amend §70.101(j) by adding a new section of the NEC, specifying which electrical tests must be performed on industrialized housing and buildings.

PUBLIC COMMENTS

The Department drafted and distributed the rules to persons internal and external to the agency. The rules were published in the November 29, 2019, issue of the Texas Register (44 TexReg 7278). The deadline for public comments was December 30, 2019. The Department received comments from three interested parties on the rules during the 30-day public comment period. The public comments are summarized below.

Comment: One individual commenter disagreed that there will be no probable economic costs to persons who are required to comply with the proposed rules, commenting that the proposed rules created a requirement for a final inspection after all corrections are complete.

Department Response: The Department disagrees with the comment because the existing rules include a requirement for additional inspections to correct violations and a successful final inspection showing that there are no outstanding violations. The Department did not make any changes to the proposed rules in response to this comment.

Comment: RCS Enterprises, LP, stated that fire systems for large buildings are not typically handled within ICC design criteria, and that third parties who might not have ICC certifications often design, inspect, and install fire suppression systems in large buildings. The commenter recommended that the proposed rules be amended to allow these companies to design and inspect fire systems.

Department Response: The Department disagrees with the recommendation because the proposed rules do not prohibit manufacturers and builders from working with various companies to design, inspect, or install fire suppression systems. Rather, the proposed rules pertain to the qualifications that are required for design review agency personnel, third-party inspectors and inspection agency staff, and third-party site inspectors. The Department has determined that ICC certifications are appropriate for these persons. The Department did not make any changes to the proposed rules in response to this comment.

Comment: Fluor opposes the proposed rules and states that only the National Fire Protection Association (NFPA) may amend the National Electrical Code (NEC). The commenter also stated that the Department may only supplement the NEC through legislation.

Department Response: The Department disagrees with the comment. The proposed rules adopt the NEC language as the Department’s own rule language. As such, the Department is not amending the NEC as issued by the NFPA. Rather, it is amending its own rule language. Furthermore, the proposed rules fall within the Commission’s rulemaking authority and the Council’s authority to issue instructions to ensure compliance with approved designs, plans, and specifications. The Department did not make any changes to the proposed rules in response to this comment.

Comment: Fluor opposes the proposed rules because the commenter believes that equipment shelters and certain other modular structures in petrochemical plants do not fall within the Department’s IHB program. The commenter also expressed concern that the Department’s IHB program is not able to adequately regulate these structures and that Department regulation of these structures is not necessary.

Department Response: The Department disagrees with the comment. There is not an exemption under Occupations Code, Chapter 1202 for equipment shelters or structures located in petrochemical facilities, and the Department does not have authority to exempt these structures from the Department’s IHB program. The Department did not make any changes to the proposed rules in response to this comment.

Comment: Fluor opposes the proposed amendment to §70.73 clarifying which buildings are exempt from site inspection requirements. The commenter believes that this change must be accomplished through legislation.

Department Response: The Department disagrees with the comment. The proposed amendment falls within the Commission’s rulemaking authority and the Council’s authority to establish procedures for inspecting the construction and installation of industrialized housing and buildings. The Department did not make any changes to the proposed rules in response to this comment.

Comment: Fluor opposes the proposed amendment to §70.101 specifying the electrical tests that must be conducted on industrialized housing and buildings. The commenter expressed concern that the tests, as described, did not make sense for structures housing electrical equipment, and that if these tests were performed on the structures, the tests could damage the equipment.

Department Response: The Department disagrees with the comment. The testing required by the proposed rule must be performed on the electrical systems for the structure itself, not the specialized equipment housed inside. Moreover, the testing is to be performed in the manufacturing facility where the structure is constructed, and the manufacturer’s compliance control manual provides procedures for safely performing the required testing. The Department did not make any changes to the proposed rules in response to this comment.

Comment: Fluor expressed concern that equipment shelters are entering Texas from outside the United States and are not being inspected pursuant to Department IHB program requirements. The commenter opposes the proposed rules because the commenter believes that including these buildings in the Department IHB program imposes costs on Texas manufacturers and is not fair to Texas businesses trying to abide by the law.

Department Response: The Department disagrees with the comment. There is no exemption for equipment shelters under the IHB statute, and the Commission and Department do not have authority to exempt these structures from the Department’s IHB program. The Department encourages the commenter and anyone who has information regarding a violation of Department law or rules to file a complaint at https://www.tdlr.texas.gov/complaints/ , by fax to (512) 539-5698, or by mail to TDLR, Enforcement Division, P.O. Box 12157, Austin, Texas 78711. The Department did not make any changes to the proposed rules in response to this comment.

Comment: Fluor disagrees with the Department’s assessment that the proposed rules: will not affect local employment; will not impose economic costs on persons who are required to comply with the proposed rules; will not create a new regulation; do not increase or decrease the number of individuals subject to the rule’s applicability; and will not have an adverse effect on small businesses, micro-businesses, and rural communities. Specifically, the commenter states that continuing to regulate equipment buildings at petrochemical facilities will have a fiscal impact on communities, plants, and small businesses.

Department Response: The Department disagrees with the comment, and the comment is beyond the scope of the proposed rules. The Department’s assessments referenced by the commenter relate only to the changes made by the proposed rules, not the impact of the existing rules that are continued in effect. The Department did not make any changes to the proposed rules in response to this comment.

Comment: Fluor requested a six-month delay in adopting the proposed rules so that others in the industry have an opportunity to voice concerns they may have.

Department Response: The Department disagrees with a delay because most of the proposed rules are necessary to implement legislation that was effective September 1, 2019. Moreover, the proposed rules were presented to members of the industrialized housing and buildings industry prior to publication, and the public has had the required amount of time under the law to comment on the proposed rules. The Department did not make any changes to the proposed rules in response to this comment.

COUNCIL RECOMMENDATIONS AND COMMISSION ACTION

The Texas Industrialized Building Code Council met on January 9, 2020 to discuss the proposed rules and the comments received. The Council recommended adopting the proposed rules with changes to §70.23 and §70.24. Specifically, the Council recommended accepting NFPA fire inspector certification as well as ICC certification. In addition to the Council’s recommendations, the Department recommended inserting a cross-reference in §70.70(c)(9) and correcting a typographical error in §70.101(j)(2)(B). At its meeting on February 18, 2020, the Commission adopted the proposed rules with changes as recommended by the Board and the Department.

STATUTORY AUTHORITY

The amended rules are adopted under Texas Occupations Code, Chapters 51 and 1202 which authorize the Commission, the Department’s governing body, to adopt rules as necessary to implement these chapters and any other law establishing a program regulated by the Department.

The statutory provisions affected by the adopted rules are those set forth in Texas Occupations Code, Chapters 51 and 1202. No other statutes, articles, or codes are affected by the adopted rules.

§70.22. Criteria for Approval of Design Review Agencies.

(a) An agency seeking council approval as a design review agency (DRA) shall submit a written application to the executive director. The application will indicate the agency's name, address, and the telephone number of each office in which design review services are to be performed.

(b) The application will include the following information.

(1) An organizational chart indicating the names of the managerial and technical personnel responsible for design review functions within the agency. The chart must indicate the area or areas of review for with the technical personnel are responsible.

(2) A resume for each person listed in the organizational chart indicating academic and professional qualifications, experience in related areas, and specific duties within the agency. All certifications shall be current with ICC.

(3) Complete documentation, including, but not limited to:

(A) examples of data sheets or other forms used to analyze construction and equipment;

(B) preliminary and final reports; and

(C) an agency compliance assurance manual to substantiate the agency's ability to evaluate building systems and compliance control manuals for compliance with standards. Evidence must be presented in the areas of structural, mechanical, electrical, plumbing, building planning, and fire safety. The documentation should include an example of a building system or compliance control manual which the agency has evaluated for compliance with a code or set of standards.

(4) A statement of certification signed by the agency manager or chief executive officer that:

(A) its board of directors, as a body, and its managerial and technical personnel, as individuals, are free to exercise independence of judgment in the performance of their duties within the agency;

(B) its activities pursuant to the discharge of responsibility as a design review agency will not result in financial benefit to the agency via stock ownership or other financial interest in any producer, supplier, or vendor of products involved, other than through standard fees for services rendered;

(C) the agency will consistently and uniformly implement the policies and determinations of the council with regard to interpretations of the standards and rules;

(D) the agency will not provide design services or prepare compliance control manuals for manufacturers for whom it acts as a design review agency;

(E) all information contained in the application for approval as a design review agency is true, timely, and correct; and

(F) all future changes will be immediately communicated to the department.

(5) A list of states in which the agency is currently approved to provide similar services.

(c) The minimum personnel requirements and qualifications shall be as follows.

(1) The manager or chief executive officer shall have:

(A) a minimum of four years of plans examination, design, construction, or manufacturing experience in the building industry, or any combination thereof; and

(B) licensure as a professional engineer or architect in the State of Texas. The applicant's license number must be included on the resume.

(2) Technical staff members may qualify for more than one discipline. The agency does not need to have an individual staff member for each discipline. The technical staff shall consist of the following positions.

(A) The structural reviewer shall have:

(i) a bachelor's degree with specialized course work in structures in civil, structural, or architectural engineering or service equivalent in accordance with subsection (c)(3);

(ii) a minimum of one year structural engineering experience related to buildings; and

(iii) certification as a building plans examiner as granted by ICC.

(B) The mechanical reviewer shall have:

(i) a bachelor's degree in engineering with specialized course work in HVAC Systems or service equivalent in accordance with subsection (c)(3);

(ii) a minimum of one year mechanical engineering experience related to buildings; and

(iii) certification as a commercial mechanical inspector as granted by ICC.

(C) The electrical reviewer shall have:

(i) a bachelor's degree in engineering with specialized course work in electrical engineering or service equivalent in accordance with subsection (c)(3);

(ii) a minimum of one year electrical engineering experience related to buildings; and

(iii) certification as a commercial electrical inspector as granted by ICC.

(D) The plumbing reviewer shall have:

(i) a bachelor's degree in engineering with specialized course work in hydraulics or service equivalent in accordance with subsection (c)(3);

(ii) a minimum of one year plumbing experience related to buildings; and

(iii) certification as a plumbing inspector as granted by ICC.

(E) The building planning reviewer shall have:

(i) a bachelor's degree in engineering or architecture or service equivalent in accordance with subsection (c)(3);

(ii) a minimum of one year experience related to building planning; and

(iii) certification as a building plans examiner as granted by ICC.

(F) The fire safety reviewer shall have:

(i) a bachelor's degree in engineering or architecture or service equivalent in accordance with subsection (c)(3);

(ii) a minimum of one year experience in fire protection engineering related to buildings; and

(iii) certification as a fire plans examiner as granted by ICC.

(G) The accessibility reviewer shall have:

(i) a bachelor's degree in engineering or architecture or service equivalent in accordance with subsection (c)(3);

(ii) a minimum of one year experience in accessibility reviews related to buildings;

(iii) completed the Texas Accessibility Academy and passed an examination approved by the department.

(3) A minimum of eight years of creditable experience in engineering or architectural practice indicative of growth in engineering or architectural competency and responsibility is an acceptable service equivalent for academic requirements. This experience may be counted concurrently for those wishing to show service equivalency in more than one field. To be considered creditable, experience must satisfy the requirements outlined in the Texas Board of Professional Engineers Board Rules concerning the Practice of Engineering and Professional Engineering Licensure, or the Texas Board of Architectural Examiner Rules and Regulations of the Board Regulating the Practice of Architecture.

§70.23. Criteria for Approval of Third Party Inspection Agencies and Inspectors.

(a) An agency seeking council approval as a third party inspection agency shall submit a written application to the executive director. The application will indicate the agency name, address, and telephone number of each office through which third party inspections will be coordinated.

(b) The application will include the following information.

(1) An organizational chart shall be submitted showing the names of managerial and technical personnel responsible for in-plant and on-site construction inspections.

(2) A resume for each person listed in the organizational chart shall be submitted indicating academic and professional qualifications, experience in related areas, and specific duties within the agency. All certifications must be current with ICC.

(3) Complete documentation to substantiate the agency's ability to perform in-plant and on-site construction inspections and follow-up inspections to determine the compliance of a building manufacturer with the standards and rules shall be submitted. The application will include a formal description of the agency's supervision and training program for inspectors, performance records of manufacturers, examples of inspection reports, agreements or contracts with manufacturers, and any other pertinent information;

(4) A statement of certification shall be submitted, signed by the agency manager or chief executive officer, that:

(A) its board of directors, as a body, and its managerial and inspection personnel, as individuals, are free to exercise independence of judgment in the performance of their duties within the agency;

(B) its activities pursuant to the discharge of responsibilities as a third party inspection agency will not result in financial benefit to the agency via stock ownership or other financial interests in any producer, supplier, or vendor of products involved, other than through standard fees for services rendered;

(C) the agency will consistently and uniformly implement the policies and determinations of the council with regard to interpretations of the standards and rules;

(D) the agency will not provide design services or prepare compliance control manuals for manufacturers for whom it acts as a third party inspection agency;

(E) all information contained in the application for approval as a third party inspection agency is true, timely, and correct; and

(F) all future changes will be immediately communicated to the department;

(5) A list of states in which the agency is currently approved to provide product certification or validation or third party inspection services and a complete description of each system and program involved shall be submitted.

(c) The minimum personnel requirements and qualifications are as follows.

(1) The manager or chief executive officer shall have:

(A) a minimum of five years experience in building code enforcement or compliance control of building systems;

(B) a minimum of one year experience in responsible technical project planning and management; and

(C) licensure as a professional engineer or architect in the State of Texas. The applicant's license number must be included on the resume.

(2) The supervisor of inspections shall have:

(A) a high school diploma or equivalent;

(B) a minimum of five years experience as an inspector in manufactured buildings or related compliance control or equivalent;

(C) certification as a fire inspector II as granted by ICC or NFPA; and

(D) certification as a residential energy inspector/plans examiner as granted by ICC, as a commercial energy inspector as granted by ICC, and as:

(i) a residential combination inspector as granted by ICC; or

(ii) a commercial combination inspector as granted by ICC; or

(iii) a combination inspector as granted by ICC.

(3) Each inspector shall submit a written application to the executive director. The application shall include the following.

(A) A resume that includes the inspector's academic and professional qualifications, experience in related areas, and relevant ICC certifications. Each inspector shall have:

(i) a high school diploma or equivalent;

(ii) a minimum of one year experience in building code enforcement, compliance control inspection, or building experience.

(B) Evidence of certification as a residential energy inspector as granted by ICC or as a commercial energy inspector as granted by ICC or both. The inspector must have a residential energy certification to inspect housing and a commercial energy certification to inspect buildings.

(C) Evidence of certification as:

(i) a residential combination inspector as granted by ICC; or

(ii) a commercial combination inspector as granted by ICC; or

(iii) a combination inspector as granted by ICC; or

(iv) one of each of the individual certifications from ICC that comprise the combination certifications referenced in clauses (i), (ii), and (iii) provided that the inspector has one in each area: building, mechanical, plumbing, and electrical.

(4) An inspector who performs an in-plant inspection of modules or modular components that will be part of a housing or building project over 75 feet in height must also have ICC or NFPA certification as a fire inspector I or II.

(5) An inspector who performs an installation inspection of industrialized housing or buildings over 75 feet in height must also have ICC or NFPA certification as a fire inspector II.

§70.24. Criteria for Approval of Third Party Site Inspectors.

(a) A person seeking approval as a third party site inspector shall submit a written application to the executive director. The application will include the following information.

(1) A resume that includes the inspector's academic and professional qualifications, experience in related areas, and relevant ICC certifications.

(2) Evidence of current ICC certifications required for approval by the council.

(3) A statement signed by the inspector certifying that:

(A) the inspector's activities pursuant to the discharge of responsibilities as a third party site inspector will not result in financial benefit to the inspector via stock ownership or other financial interests in any producer, supplier, or vendor of products involved other than through standard fees for services rendered;

(B) the inspector will consistently and uniformly implement the policies and determinations of the council with regard to interpretations of the mandatory building codes and rules;

(C) the inspector will enforce the mandatory building codes adopted by the council;

(D) all information contained in the application for approval as a third party site inspector is true, timely, and correct; and

(E) all future changes will be immediately communicated to the department.

(b) The minimum qualifications for a third party site inspector are as follows:

(1) a high school diploma or equivalent;

(2) a minimum of three years experience in building code enforcement, building inspections, or building experience. At least one year of experience shall be in the performance of building inspections;

(3) one of the following energy code certifications: certification as a residential energy inspector/plans examiner, as a commercial energy inspector, or both. The inspector must have a residential energy certification to inspect housing and a commercial energy certification to inspect buildings;

(4) one of the following code certification combinations:

(A) a residential combination inspector as granted by ICC. In lieu of a residential combination inspector the inspector may have one of each of the individual certifications that are needed for certification as a residential combination inspector, commercial combination inspector, or combination inspector. Inspectors with residential inspector certifications may only perform site inspections for industrialized housing complying with the International Residential Code; or

(B) a commercial combination inspector as granted by ICC. In lieu of a commercial combination inspector the inspector may have one of each of the individual certifications that are needed for certification as a commercial combination inspector or a combination inspector. Inspectors with a commercial inspector certification may only perform site inspections for industrialized buildings or site-built REFs; or

(C) a combination inspector as granted by ICC. In lieu of a combination inspector the inspector may have one of each of the individual certifications that are needed for certification as a combination inspector. Inspectors with this certification may perform site inspections for any industrialized housing, buildings, or site-built REFs; and

(5) ICC or NFPA certification as a fire inspector II if the inspector will perform installation inspections of industrialized housing or buildings over 75 feet in height.

§70.25. Permits.

(a) General.

(1) A person who engages in the assembly, connection, and on-site construction and erection of modules or modular components at the building site for persons other than themselves, or who purchases industrialized housing or buildings, or modular components, for sale or lease to the public, may not file for a permit.

(2) The application shall be submitted on a form supplied by the department and shall contain such information as may be required by the department. A person who applies for a permit certifies at the time of application that all construction shall be in compliance with the mandatory building codes, the approved and/or engineered plans and department rules, and shall be inspected in accordance with the inspection procedures established by the council.

(3) Subcontractors of a person holding a permit are not required to be registered as industrialized builders. Subcontractors or persons responsible for the electrical, plumbing, and HVAC construction shall be licensed as required by the applicable state statutes.

(4) The application shall be accompanied by the fee set forth in §70.80.

(5) An installation permit or alteration permit shall not be issued for a structure that is taller than 75 feet in height.

(b) Installation Permit--Residential.

(1) A person who purchases an industrialized house or residential modular component from an industrialized builder for the person's own use and who is responsible for some aspect of the construction related to the installation of the house may file for a residential installation permit in lieu of registering as an industrialized builder.

(2) A person who purchases an industrialized house or residential modular component from a manufacturer for the person's own use and who is responsible for all of the construction related to the installation of the house may file for a residential installation permit in lieu of registering as an industrialized builder.

(3) A separate application shall be submitted for each building that contains industrialized housing or residential modular components.

(4) The installation permit application shall identify all construction to be completed by the permit holder. Any construction completed by the permit holder on the installation site that affects the code compliance of the industrialized house shall be identified on the installation permit application. Construction may include, but is not limited to, grading of the property to assure code compliant drainage, completion of the plumbing systems, completion of the electrical systems, completion of the HVAC system, addition of porches, steps, decks, and railings, and addition of an attached garage or carport.

(5) The installation permit shall be posted at the installation site.

(c) Installation Permit--Commercial.

(1) A person who purchases an industrialized building or modular component for the person's own use and who is responsible for construction related to the installation of the building may file for a commercial installation permit in lieu of registering as an industrialized builder.

(2) A separate application shall be submitted for each building that contains industrialized building modules or modular components.

(3) The installation permit shall be posted at the installation site for all buildings that are required to have site inspections in accordance with §70.73.

(d) Alteration Permit.

(1) A person who is not registered as an industrialized builder, who will alter the construction of industrialized housing or buildings for the person's own use, and who is responsible for the alteration construction of the house or building may file for an alteration permit in lieu of registering as an industrialized builder.

(A) Alteration permits are required for alterations of portable industrialized buildings.

(B) Alteration permits are required for alterations of industrialized housing or permanent industrialized buildings during installation outside the jurisdiction of a municipality. Alterations of industrialized housing or permanent industrialized buildings after installation do not fall under the jurisdiction of the department.

(C) Alteration permits are not required for alterations of industrialized housing or permanent industrialized buildings during installation inside the jurisdiction of a municipality.

(2) A separate application shall be submitted for each project address.

(3) The alteration permit shall be posted at the site where the construction will be performed.

§70.30. Exemptions.

(a) The scope of this chapter is limited by Chapter 1202; accordingly, it does not apply to:

(1) mobile homes or HUD-code manufactured homes as defined in Texas Occupations Code, Chapter 1201;

(2) housing or buildings:

(A) of open construction;

(B) that are constructed of sectional or panelized systems not utilizing modular components; or

(C) that are built of modules or modular components that are constructed at the installation site.

(D) Exception: Relocatable educational facilities purchased or leased on or after January 1, 2010 are required to be certified regardless of where the facility is built.

(3) ready-built homes which are constructed so that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling it and moving it to another location, provided that modular components are not used in the construction of the ready-built home. A temporary location would include a lumber yard, a vacant lot, or other similar area that is not used exclusively for the construction of buildings;

(4) a commercial building or structure that is:

(A) installed in a manner other than on a permanent foundation; and

(B) either:

(i) is not open to the public; or

(ii) is less than 1,500 square feet in total area and used other than as a school or a place of religious worship;

(5) buildings that are specifically referenced in the mandatory building codes as exempt from permits; or

(6) construction site buildings.

(b) The installation of an industrialized house or a permanent industrialized building that is moved from the first installation site to a new installation site is subject to the permitting and approval requirements of the local authorities.

§70.60. Responsibilities of the Department—Plant Certification.

(a) Each separate manufacturing facility will go through a certification inspection before decals or insignia will be released to the manufacturer.

(b) A change in address of a certified manufacturer will require review and possible certification or partial certification inspection of the plant at the new location.

(c) The executive director may authorize 100% inspection of industrialized housing or buildings constructed by an uncertified manufacturer in lieu of certification and a compliance control program as required by §70.70(c) in accordance with the following.

(1) The 100% inspection may be approved only in the following circumstances:

(A) the house or building is required to aid in a disaster that has been officially declared by the United States government, a state government, or a political subdivision of either;

(B) the US State Department has issued travel warnings for travel outside of the United States relating to or affecting the location of the plant to be certified;

(C) the industrialized house or building is a one-time project and the manufacturer certifies to the department that it will not construct additional industrialized housing or buildings for placement in this state without going through the certification inspection process; and

(D) other extenuating circumstances if approved by the executive director. If the executive director does not approve a request under this subsection, the manufacturer may ask the council to approve the 100% inspection.

(2) The manufacturer must still register as a manufacturer in accordance with §70.20.

(3) Plan review and approval will still be required in accordance with §70.70.

(4) The manufacturer will purchase decals for the unit or units in accordance with §70.77 with the following exceptions:

(A) the decals will not be released until the manufacturer has provided the industrialized builder registration number or installation permit number of the person who purchased the unit and who will be responsible for the on-site construction;

(B) the decal will not be released until all inspection fees have been paid; and

(C) the decals will be released only to the inspector for attachment to the units upon completion of a successful final inspection.

(5) The 100% inspection will be conducted by inspectors designated by the department and may include department personnel or approved third-party inspectors. Inspections will be completed in accordance with procedures approved by the council.

(6) Inspections performed by third party inspectors shall be audited by department staff.

(d) The plant certification inspection will be conducted by a certification team designated by the department. The team shall consist of:

(1) a team leader, who is either a department employee, an engineer, or other qualified person as determined by procedures established by the council; and

(2) one or more department inspectors or third party inspectors.

(e) The team leader may not be an employee of the third party inspection agency (TPIA) responsible for regular in-plant inspections of the manufacturer or the design review agency (DRA) 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 other than the manufacturer's current TPIA or DRA that provides a certification team member; and

(2) any team member that is not employed by the manufacturer's current TPIA or DRA.

(f) The inspection shall be conducted in accordance with the procedures established by the council. A certification inspection has two primary purposes:

(1) 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; and

(2) to verify that the manufacturer's approved compliance control program will ensure compliance now and in the future.

(g) The team will become familiar with all aspects of the manufacturer's approved design package. Structures on the production line will be checked to assure that failures to conform located by the certification team are being located by the plant compliance control program and are being corrected by the plant personnel. The certification team will work closely with the plant compliance control personnel to assure that the approved design package and compliance control manuals for the facility are clearly understood and followed. If deemed necessary by the certification team, a representative of the design review agency must be present during the inspection. 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. The team must inspect all modules or modular components in the production line for Texas during the certification. The plant certification inspection will terminate when the certification team has fully evaluated all aspects of the manufacturing facility.

(h) The certification team will issue a plant certification, or facility evaluation, report to the manufacturer when the department has determined that the manufacturer has met the requirements for certification. A copy of the plant certification report will also be forwarded to the third party inspection agency responsible for in-plant inspections. The manufacturer and third party inspection agency will be responsible for ensuring that all conditions of certification as outlined in the certification report are met. The manufacturer must keep a copy of this report in their permanent records. The report will contain, at a minimum, the following information:

(1) the name and address of the manufacturer;

(2) the names and titles of personnel performing the certification inspection;

(3) the serial or identification numbers of the modules or modular components inspected;

(4) a list of nonconformances observed on the modules or modular components inspected (with appropriate design package references) and corrective action taken in each case;

(5) a list of deviations from the approved compliance control procedures (with section or manual references) observed during the certification inspection with the corrective action taken in each case;

(6) a list of conditions of certification with which the manufacturer must comply to maintain the certification;

(7) the date of certification;

(8) the following statement: "This report concludes that (name of agency), after evaluating the facility, certifies that (name of factory) of (city) is capable of producing (industrialized housing and buildings or modular components) in accordance with the approved building system and compliance control manuals on file in the manufacturing facility and in compliance with the requirements of the Texas Industrialized Building Code Council"; and

(9) the signature of an authorized department employee.

(i) A manufacturer that wishes to construct modules or modular components outside the scope of the manufacturer’s certification must successfully complete a certification update inspection for the aspects of construction for which the manufacturer is not currently certified.

(j) If the department determines that the manufacturer is not capable of meeting the certification requirements or that the manufacturer is unable to complete the certification inspection requirements, then the certification team will issue a non-compliance report. The non-compliance report will detail the specific areas in which the manufacturer was found to be deficient and may make recommendations for improvement.

(k) If any personnel of a design review agency or third party inspection agency participate as members of a certification team, the agency is considered a participant in the certification team and is responsible for compliance with Texas Occupations Code, Chapter 1202, rules adopted by the commission, and decision, actions, and interpretations of the council in performing the certification, inspection and related activities.

§70.70. Responsibilities of the Registrants--Manufacturer's Design Package and REF Builder’s Construction Documents.

(a) Review and approval. The manufacturer's design package and the REF builder's construction documents must be reviewed and approved in accordance with the following.

(1) The manufacturer or REF builder shall select a council-approved design review agency (DRA) to perform all required review and evaluation of plans, designs, specifications, compliance control, and on-site construction documentation, etc. This selection shall be made in writing to the executive director and will state the name, address, and registration number of the design review agency selected.

(2) An approved DRA shall review all designs, plans, specifications, calculations, compliance control programs, on-site construction documentation or specifications, and other documents as necessary to assure compliance with the mandatory building codes in accordance with the interpretations, instructions, and determinations of the council.

(A) The reviews are to be performed or directly supervised by the DRA's certified plans reviewers for the discipline (electrical, plumbing, mechanical, structural, building planning, or fire safety) as listed and approved in the agency's organizational chart. A DRA's plans reviewers must be certified pursuant to the criteria established by the council as set forth in §70.22.

(B) The DRA will obtain from the manufacturer or REF builder all information necessary to assure that the manufacturer's designs and procedures are in compliance with the mandatory building codes and the sections in this chapter.

(3) All documents shall have pages numbered and arranged in accordance with a table of contents. The floor plans shall have no scale smaller than 1/8th inch equals one foot. All documents shall be identified to indicate the manufacturer's or REF builder's name and registered physical address.

(4) The DRA will signify approval of a drawing, specification, calculation, or any other document, including revisions and additions, in the manufacturer's design package and in the REF builder's construction documents by applying the council's stamp to each page.

(A) An alternate council stamp as approved by the council may be used on all designs, plans, specifications, calculations, and other documentation with the exception of the first or cover page and the table of contents or index pages of the design package.

(B) The original council stamp with original signature will be required on the first or cover page and the table of contents or index pages of the design package.

(C) The signature on the original council stamp must be the signature of the manager or chief executive officer of the DRA. The manager or chief executive officer of the DRA must be licensed in the State of Texas as a professional engineer or architect in accordance with the criteria for approval of DRA's established by the council.

(D) The stamp shall not be placed on any designs, plans, or specifications that do not meet the requirements of the applicable mandatory building codes or the requirements of these sections.

(E) The DRA shall forward a copy of all approved documents to the department within 5 days of approval and shall forward one approved copy to the manufacturer or the REF builder.

(F) The DRA shall keep copies of all approved documents for a minimum of 5 years from the date that these documents are superseded by adoption of later editions of the mandatory building codes and make a copy of these documents available to the department upon request.

(G) The manufacturer shall 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 and make a copy of these documents available to the department upon request.

(H) The REF builder shall keep a copy of all approved construction documents for a minimum of 10 years from the date of completion of the units covered by the documents and make a copy of these documents available to the department upon request.

(I) The manufacturer or the REF builder shall make a copy of all approved documents available to the person performing inspections.

(5) Manufacturers and REF builders will be notified of the change in code editions 180 days before the effective date of the change. Manufacturers or REF builders who wish to continue building to previously approved documents must resubmit these documents to their DRA for review and approval to the new code editions. Only documents that meet the new code editions may be approved. Approval of these documents will be evidenced by application of a new approval date and the council's stamp of approval to each document.

(A) All construction begun on or after effective date of adoption of the new code editions must comply with the new code editions and be constructed in accordance with design packages approved to the new code editions.

(B) Construction to plans approved to the old code editions begun prior to effective date of adoption of the new code editions, or prior to the manufacturer's effective transition date, must be completed, inspected by a Texas approved inspector, and labeled (TX decal must be attached to the unit) within 180 days of the adoption of the new code editions, or the unit shall not be eligible for a Texas decal.

(C) A manufacturer may transition from the current code edition to the new code edition as follows.

(i) The approval date on all documents in the manufacturer's design package will be on or after the effective date of adoption of the new edition of the codes in §70.100. Approvals dated before the effective date of adoption of the codes in §70.100 will no longer be valid for new construction by the manufacturer.

(ii) The manufacturer may transition approval of documents in his design package any time within the 180 days prior to the effective date of the adoption of the new editions of the codes. The manufacturer must notify the department in writing of the effective date of transition. All documents approved on or after that date shall be to the new editions of the codes. All previously approved supporting documentation, such as compliance control manuals, system calculations, etc., must be resubmitted to the DRA for review and approval to the new code editions and must be approved as of the effective date of transition specified by the manufacturer. Approvals dated before the transition date of adoption of the codes in §70.100 will no longer be valid for new construction by the manufacturer.

(6) A DRA may withdraw the approval of any document whenever the approval is later found to be in violation of code requirements or the rules and regulations in this chapter. Notice of the withdrawal of the approval shall be in writing and shall set forth the reasons for the withdrawal. Any withdrawal of approval shall have prospective effect only, except for life safety items.

(7) A DRA may not revise or correct documents submitted for review and approval by the manufacturer or REF builder except as provided in this subsection. DRAs may make red ink corrections to documents provided the corrections meet all of the following criteria:

(A) limited to corrections of minor deviations;

(B) the corrected items can be verified by reference to prescriptive code requirements;

(C) the change does not involve any change of design or require design;

(D) the red ink correction is valid for 10 working days and may not be extended; and

(E) the corrections must be numbered and initialed by the DRA and the statement, "As noted with (number) corrections" shall appear near the stamp of the council with the number of corrections entered.

(b) In-plant documentation for manufacturers and construction documents for REF builders. The manufacturer and REF builder shall provide the DRA the documentation necessary to demonstrate compliance with the mandatory building codes in §70.100 and §70.101. At a minimum the documentation shall include the following:

(1) specifications or detail drawings for all materials, devices, appliances, equipment, and fasteners used in construction, including listings and evaluation reports for materials or methods of construction where required by the mandatory building code or to demonstrate compliance of an approved alternate material or method of construction in accordance with §70.103;

(2) detailed drawings of all assemblies and components (with cross-sections as necessary to identify major building components);

(3) floor plans for all models and options;

(4) electrical schematics for all models and options;

(5) water system and drain-waste-vent system drawings for all models and options;

(6) gas piping system drawings for all models and options;

(7) mechanical system drawings for all models and options;

(8) fire protection, fire safety, and exit details;

(9) energy compliance details, including any local amendments or alternative compliance paths to which the structure will be constructed under Occupations Code, Section 1202.1536;

(10) heating, ventilation, and air conditioning details;

(11) structural, thermal, and electrical load calculations;

(12) weather resistance details;

(13) condensation protection details;

(14) decay protection details;

(15) insect and vermin protection details;

(16) fastening schedule;

(17) assembly and connection instructions for all components, materials, devices, equipment, and appliances;

(18) together on either the floor plan or the cover or title sheet for each model or project in a title block format:

(A) name and date of applicable codes;

(B) identification of permissible type of gas for appliances;

(C) maximum snow load (roof)(psf);

(D) maximum wind speed (mph) and exposure;

(E) seismic design criteria;

(F) occupancy/use group type;

(G) construction type;

(H) special conditions and/or limitations;

(I) the location of the data plate on the building or dwelling unit; and

(J) the location of the decal or insignia on each module or modular component, or for REF builders, the location of the decal on the building;

(19) compliance control manual (reference subsection (c)); and

(20) on-site construction documentation (reference subsection (d)).

(c) Compliance control program for manufacturers. The utilization of mass production techniques and assembly line methods in the construction of industrialized housing, buildings, modules, and modular components along with the fact that a large part of such construction cannot be inspected at the ultimate building site, requires manufacturers to develop an adequate compliance control program to assure that these structures meet or exceed mandatory code requirements and are in compliance with the rules and regulations of this chapter. The compliance control program shall be documented in the form of a manual that must be approved by the design review agency. A 100% inspection of the construction of industrialized housing or buildings may be authorized in lieu of a compliance control program and certification of the manufacturer in accordance with §70.60. The manufacturer shall provide the design review agency a compliance control manual that must, at the minimum, contain the following:

(1) a table of contents;

(2) a chart indicating the manufacturer's organizational structure to assure compliance and to assure that the compliance control staff shall maintain independence from the production personnel;

(3) a statement that defines the obligation, responsibility, and authority for the manufacturer's compliance control program;

(4) identification of compliance control personnel, their accountability by position, responsibility for inspections, method of marking nonconformances observed, and system for assuring corrections are made;

(5) materials handling methods, including inspection checklists, for receiving materials and methods for marking and removing rejected materials both upon receipt and from the production line. The area for rejected materials must be clearly indicated to assure that such material is not used;

(6) a description of an identification system to mark each individual module, or modular component, at the first stage of production to assure appropriate inspection and rechecking of any deviation corrections;

(7) a diagram of the manufacturing sequence with the plant layout, including a description of the activities to be performed along with a listing of those that may be performed at one or more stations;

(8) an inspection checklist including:

(A) a list of inspections to be made at each production station; and

(B) accept/reject criteria (each significant dimension and component should be given tolerances);

(C) an energy compliance checklist that enumerates the energy code-compliance features of the module or modules and includes a signature space for the compliance control inspector or manager. A copy of this checklist shall be shipped with the module or modules.

(9) step-by-step test procedures, a description of the station at which each production test is performed, a description of required testing equipment, and procedures for periodic checking, recalibration, and readjustment of test equipment. Procedures shall be included for, but not limited to, electrical tests as specified in the National Electrical Code, Article 545.14 (as added by §70.101(j)(2)), gas supply pressure tests, water supply pressure tests, drain-waste-vent system tests, concrete slump tests, and concrete strength tests;

(10) storage procedures for completed structures at the plant and for any other locations prior to installation;

(11) a statement indicating the person who is responsible for compliance control at each manufacturing facility and who will assume responsibility for decals and insignia, application of the decals and insignia, and the reporting procedure;

(12) a procedure for maintaining reliable, retrievable records of the inspections performed, decal and insignia numbers assigned, the deficiencies and how they were corrected, and the site to which the modules or modular components were transported;

(13) procedures and information to demonstrate how the modules and modular components are to be transported to the building site so that damage will not occur or that compliance deviations will not result (actual transportation without damage or deviation is evidence sufficient to justify the method); and

(14) procedures that assure that the compliance control procedures are complied with on all regulated structures. As a minimum, regulated structures must be identified prior to commencing construction.

(d) On-site construction specifications or documentation for manufacturers. All work to be performed on the building site shall be specifically identified and distinguished from construction to be performed in the manufacturing facility, e.g., assembly and connection of all modules, modular components, systems, equipment, and appliances and attachment to the foundation system. The work to be performed on-site shall be described in detail in documents (architectural sheets, specifications, instructions, etc.) which shall be made available to the builder for use at the site and provided as required for review and inspection to the agency having local authority. The manufacturer shall provide the design review agency on-site construction documentation which must, at the minimum, contain the following:

(1) critical load points for attachment of the house or building or component to the foundation;

(2) details for module to module or modular component assembly and connection;

(3) minimum requirements for connection and attachment of all modules and modular components to the foundation system;

(4) firestopping and draftstopping details;

(5) details for fire exits, balconies, walkways, and other site-built attachments;

(6) exterior weatherproofing details;

(7) details for thermal, condensation, decay, corrosion, and insect protection;

(8) electrical, mechanical, heating, cooling, and plumbing system completion details;

(9) electrical, mechanical, heating, cooling, and plumbing system test procedures;

(10) fire safety provisions; and

(11) specifications and instructions for cooling equipment, and complete information necessary to calculate sensible heat gain along with information on the sizing of the air distribution system, if applicable, and the R values of insulation in the ceiling, walls, and floors.

(e) Other construction documentation for REF builders. Construction documentation for the foundation and site specific elements, such as ramps and stairs, of the site-built REFs shall be reviewed and approved by the DRA, the local building official, or, in areas where the building site is outside a municipality or within a municipality with no building department or agency, by the school district. At a minimum the documentation shall include all construction documentation necessary to complete the building at the first commercial site including a foundation system design meeting the requirements of §70.73(h). The use of ground anchors shall comply with §70.73(i).

(f) Non-site specific buildings. Whenever the manufacturer does not know, at the time of construction, where the building is to be placed, in lieu of providing the site specific construction details or typical site construction details as required in subsection (d), the manufacturer may provide special conditions and/or limitations on the placement of the building. These special conditions and/or limitations will serve to alert the local building official of items, such as handicapped accessibility and placement of the building on the property, which the local building official may need to verify for conformance to the mandatory building codes. Certain site-related details, such as module to module connections, must still be provided by the manufacturer. It is the responsibility of the DRA to verify that such site-related details are included in the manufacturer's approved design package.

§70.73. Responsibilities of the Registrants--Building Site Construction and Inspections.

(a) Industrialized housing shall be installed on a permanent foundation system.

(b) The initial construction and inspection of a site-built REF at the 1st commercial site falls under the provisions of §70.79. Subsequent installation of REFs shall comply with this section.

(c) Responsibility for on-site construction. The industrialized builder or installation permit holder shall be responsible for assuring that the foundation and the installation of an industrialized house, building, or site-built REF complies with the manufacturer's or REF builder's on-site construction specifications or documentation that have been approved in accordance with §70.70, any unique on-site construction details, the engineered foundation design, and the mandatory building codes.

(1) The industrialized builder or installation permit holder is responsible for assuring that all sub-contractors are licensed as required by applicable state law.

(2) The industrialized builder is not responsible for construction performed by the installation permit holder as specified on the installation permit application submitted to the department. Construction not covered by the installation permit is the responsibility of the industrialized builder.

(3) The installation permit holder is responsible only for the construction specified on the installation permit application submitted to the department.

(d) For purposes of this chapter and Texas Occupations Code, Chapter 1202, a final inspection of on-site construction of industrialized housing and buildings is successful if it meets one of the following.

(1) Inside a municipality: All on-site construction has been completed to the satisfaction of the municipality's building inspection department and a record of final inspection was issued authorizing the release of the house or building for occupancy.

(2) Outside the jurisdiction of a municipality or within a municipality without a building inspection department: All inspections required in accordance with subsection (f) have been completed and a final on-site inspection report has been issued with no outstanding violations from any of these inspections. For purposes of this section, a violation is any of the following:

(A) on-site construction that does not meet the mandatory building codes;

(B) failure to correct damage to the factory-built portion of the house or building that was caused by on-site construction;

(C) on-site construction that does not follow the documents approved in accordance with §70.70, the engineered foundation system drawings, or unique on-site construction detail drawings; or

(D) on-site construction that is incomplete.

(e) Responsibility for inspections within jurisdiction of a municipality. When the building site is within a municipality that has a building inspection agency or department, the local building official will inspect all on-site construction done at the site and the attachment of the structure to the foundation to assure completion and attachment in accordance with the documents approved in accordance with §70.70, the foundation system drawings, any unique on-site construction detail drawings, and the mandatory building codes.

(1) A municipality that regulates the on-site construction or installation of industrialized housing or buildings may require and review, for compliance with the mandatory building codes, a complete set of plans and specifications, including the foundation system design and any unique on-site construction details.

(2) The industrialized builder or installation permit holder shall not permit occupation of, or release for occupation, the industrialized house or building unless approved by the municipality.

(3) The industrialized builder or installation permit holder is responsible for ensuring that all inspections are completed in accordance with procedures established by the municipality's building inspection department.

(f) Responsibility for inspections outside the jurisdiction of a municipality or within a municipality without a building inspection agency or department. When the building site is outside a municipality, or within a municipality that has no building department or agency, a council-approved inspector will perform the required inspections in accordance with this section and the inspection procedures established by the council to assure completion and attachment in accordance with the documents approved in accordance with §70.70, the mandatory building codes, the foundation system drawings, and any unique on-site construction detail drawings.

(1) Minimum inspection requirements are listed below. Re-inspections are required whenever deviations from the approved construction documents or mandatory building codes are noted. Inspections may occur concurrently. The industrialized builder or installation permit holder shall ensure that work is not concealed prior to the inspection.

(A) Inspections completed during installation shall be as required by the inspection requirements of Chapter 1 of the IBC, IMC, IPC, IFC, IFGC, IECC, IFC, and IRC as applicable.

(B) A set inspection shall be completed for each module set or for each modular component installed.

(C) Special inspections shall be completed as required per Chapter 17 of the IBC.

(D) A final inspection shall be made after all construction and all corrections are complete.

(2) For structures built in accordance with the IRC, the final inspection shall be completed within 180 days of the start of construction. For all other structures, the final inspection shall be completed within 365 days of the start of construction. The department may grant an extension upon receipt of a written request that demonstrates a justifiable cause.

(3) Site inspections are required for the first installation of all industrialized housing and permanent industrialized buildings. Exception: Site inspections are not required for the installation of equipment buildings or shelters where the structure is occupied only during installation and maintenance of the equipment housed in the structure, unless the structure is also classified as a hazardous occupancy by the mandatory building code.

(4) Site inspections are required for industrialized buildings that are designed to be moved from one commercial site to another commercial site if the buildings are used as a school or place of religious worship.

(5) The industrialized builder, or installation permit holder, is responsible for scheduling each phase of the inspection with the inspector or inspection agency and for ensuring that all inspections have been completed.

(A) The industrialized builder, or installation permit holder, may utilize a different inspector or inspection agency for different projects, but may not change the inspector or agency for a project once started without the written approval of the department.

(B) Special inspections required by the mandatory building codes shall be conducted by persons who are approved in accordance with Council procedures and meet the qualification requirements outlined in Chapter 17 of the IBC or as required by applicable State laws. Persons or agencies that perform special inspections may not be changed once the inspection has begun without approval from the department.

(6) The inspector shall give the industrialized builder or installation permit holder a copy of the site inspection report upon completion of each inspection including re-inspections. Violations shall be documented in accordance with the Council approved inspection procedures. The industrialized builder or installation permit holder is responsible for ensuring that all violations are corrected.

(7) The industrialized builder, or installation permit holder, shall not permit occupancy, or release the house or building for occupation, until a successful final inspection has been completed. A final on-site inspection report shall be issued showing no outstanding violations prior to occupation, or release for occupation, of the house or building. Exception: Occupancy of the house or building may be permitted and approved with outstanding items provided that the items are not in violation of the mandatory building codes.

(A) The industrialized builder or installation permit holder shall maintain a copy of the on-site inspection reports in accordance with the requirements of §70.50 and make a copy of all on-site inspection reports available to the department upon request. The reports shall include a list of all violations and corrective action in accordance with the inspection procedures approved by the council.

(B) The industrialized builder shall give a copy of the on-site inspection reports to the owner of the building upon request.

(C) The industrialized builder shall give a copy of the department's final on-site inspection report to the owner of the industrialized house at one of the following events:

(i) the closing of the purchase of the house; or

(ii) no later than 15 days after the successful final inspection of on-site construction is complete. A copy of the other on-site inspection reports shall be given to the owner if requested.

(g) Destructive disassembly shall not be performed at the site in order to conduct tests or inspections on the modules or modular components completed in the plant and certified by the decal or insignia attached by the manufacturer, nor shall there be imposed standards or test criteria different from those required by the approved installation instructions, on-site construction documentation, and the applicable mandatory building code. Nondestructive disassembly may be performed only to the extent of opening access panels and cover plates.

(h) Foundation system designs. A licensed professional engineer (or architect for one and two family dwellings or buildings having one story and total floor area of 5,000 square feet or less) shall design and seal the foundation systems for each industrialized house or building. Review by a DRA is not needed or required. A municipality that regulates the on-site construction or installation of industrialized housing or buildings may review the foundation system design for compliance with the mandatory building code. Foundation system designs shall comply with the mandatory building code referenced in §70.100 and §70.101 and shall contain complete details for the construction and attachment of the house or building on the foundation, including, but not limited to the following:

(1) address or area for which the foundation is suitable;

(2) minimum load specifications, including wind loads, seismic design loads, soil bearing capacity, and if the foundation is designed for expansive soils;

(3) site preparation details;

(4) material specifications;

(5) requirements for corrosion resistance, protection against decay, and termite resistance;

(6) size, configuration, and depth below grade of all footings, piers, and slabs including, but not limited to, details of concrete reinforcement, spacing of footings and piers, capping of piers, and mortar or concrete fill requirements for piers;

(7) fastening requirements, including, but not limited to, size, spacing, and corrosion resistance;

(8) requirements for surface drainage; and

(9) details for enclosure of the crawl space, including details for ventilation and access.

(i) Ground anchors. The use of ground anchors in the installation of industrialized housing is not permitted. The use of ground anchors in the installation of industrialized buildings is allowed if deemed appropriate by a municipality or other political subdivision. The foundation design shall be prepared by a licensed professional engineer and shall contain complete details for the construction and attachment of the building on the foundation, including, but not limited to the following:

(1) address or area for which the foundation is suitable, including a soil investigative report prepared by a qualified engineer or a description of the soil type for which the anchoring system is suitable;

(2) minimum load specifications, including wind loads, seismic design loads, soil bearing capacity, and if the foundation is designed for expansive soils;

(3) site preparation details;

(4) material specifications;

(5) requirements for corrosion resistance, protection against decay, and termite resistance;

(6) size, configuration, and depth below grade of all footings and piers including spacing of footings and piers;

(7) specification and installation requirements for the tie-down anchoring system, including specifications for corrosion resistance for the ground anchors and associated tie-down system;

(8) requirements for surface drainage; and

(9) details for enclosure of the crawl space, including details for ventilation and access.

(j) Unique on-site construction details. Unique on-site construction details as defined by §70.10(a) shall be designed and sealed by a licensed Texas professional engineer (or architect for one and two family dwellings or buildings having one story and total floor area of 5,000 square feet or less) and review by a DRA is not needed or required. The unique on-site construction details shall comply with the mandatory building codes referenced in §70.100 and §70.101. A municipality that regulates the on-site construction or installation of industrialized housing or buildings may require and review the unique on-site details for compliance with the mandatory building code.

§70.101. Amendments to Mandatory Building Codes.

(a) The council shall consider and review all amendments to these codes which are approved and recommended by ICC, and if they are determined to be in the public interest, the amendments shall be effective 180 days following the date of the council's determination or at a later date as set by the council.

(b) Any amendment proposed by a local building official, and determined by the council following a public hearing to be essential to the health and safety of the public on a statewide basis, shall become effective 180 days following the date of the council's determination or at a later date as set by the council.

(c) The 2015 International Building Code shall be amended as follows.

(1) Amend Section 101 General as follows.

(A) Amend Section 101.1 Title to read as follows: "These regulations shall be known as the Building Code of the Texas Industrialized Housing and Buildings Program, hereinafter referred to as 'this code.'"

(B) Amend Section 101.2 Scope by adding the following: "Where conflicts occur between the provisions of this code and the provisions of Texas Occupations Code, Chapter 1202, Industrialized Housing and Buildings, or the provisions of 16 Texas Administrative Code, Chapter 70, rules governing the Texas Industrialized Housing and Buildings Program, the provisions of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70 shall control."

(C) Amend Section 101.2.1 Appendices by adding the following: "Appendices C, F, and K shall be considered part of this code."

(D) Amend Section 101.4 Referenced codes to read as follows: "The other codes listed in Sections 101.4.1 through 101.4.9 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Whenever amendments to the referenced codes have been adopted, each reference to said code shall be considered to reference the amendment as well."

(E) Amend Section 101.4.7 Existing buildings to add the following sentence: "Moved industrialized buildings that bear approved certification decals or insignia, and that may also bear an alteration decal, in accordance with the requirements of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70, and that have not been altered or modified since the decal, insignia, or alteration decal was attached, shall be considered to be in compliance with the current mandatory building codes adopted by the Texas Industrialized Building Code Council."

(F) Add new Section 101.4.8 Electrical to read as follows: "The provisions of Appendix K shall apply to the installation of electrical systems, including alterations, repairs, replacements, equipment, appliances, fixtures, fittings and appurtenances thereto. Any reference to NFPA 70 or the Electrical Code shall mean the Electrical Code as adopted."

(G) Add new Section 101.4.9 Accessibility to read as follows: "Buildings and facilities shall be designed and constructed to be accessible in accordance with this code and the Texas Accessibility Standards (TAS). Wherever reference elsewhere in this code is made to ICC A117.1, the TAS of Texas Government Code, Chapter 469, Elimination of Architectural Barriers shall be substituted. Buildings subject to the requirements of the Texas Accessibility Standards are described in Administrative Rules of the Texas Department of Licensing and Regulation, 16 Texas Administrative Code, Chapter 68."

(2) Amend Section 104.1 General by adding the following: "The term building official as used in this code, or as used in the codes and standards referenced in this code, shall mean the Texas Commission of Licensing and Regulation, the executive director of the Texas Department of Licensing and Regulation, the Texas Industrialized Building Code Council, or the local building official in accordance with the powers and duties assigned to each in Texas Occupations Code, Chapter 1202, Industrialized Housing and Buildings."

(3) Amend Section 107.1 General by adding the following: "Construction documents depicting the structural design of buildings to be located in hurricane prone regions shall be prepared and sealed by a Texas licensed professional engineer."

(4) Amend Section 111 Certificate of Occupancy as follows.

(A) Amend Section 111.1 Use and occupancy to read as follows: "A building or structure shall not be used or occupied, and a change in the existing use or occupancy classification of a building or structure or portion thereof shall not be made, until the local building official has issued a certificate of occupancy in accordance with the locally adopted rules and regulations."

(B) Amend Section 111.2 Certificate issued to read as follows. "The local building official shall issue a certificate of occupancy in accordance with the locally adopted rules and regulations. After the local building official inspects the industrialized house or building and does not find violations of the provisions of this code or other laws that are enforced by the department of building safety, the local building official shall issue a record of final inspection authorizing the release of the house or building for occupancy."

(C) Delete Items 1 through 12 of Section 111.2.

(D) Amend Section 111.3 Temporary occupancy to read as follows: "The local building official may issue a temporary certificate of occupancy in accordance with locally adopted rules and regulations."

(E) Add new Section 111.5 Industrialized housing and buildings installed outside the jurisdiction of a municipality or within a municipality without an inspection department to read as follows: "The installation of buildings installed outside the jurisdiction of a municipality or within a municipality without an inspection department shall comply with the requirements of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70, Administrative Rules Industrialized Housing and Buildings."

(5) Amend Section 311.3 Low-hazard storage, Group S-2 by adding the following to the list of uses that are covered by this occupancy group: "Equipment shelters or equipment buildings."

(6) Amend Chapter 11 Accessibility as follows.

(A) Amend Section 1101.2 Design to read as follows: "Buildings and facilities shall be designed and constructed to be accessible in accordance with this code and the Texas Accessibility Standards (TAS)"

(B) Delete Section 1102 through Section 1111.

(7) Amend Chapter 35 Referenced Standards as follows.

(A) Delete the following standard: "ICC A117.1-09, Accessible and Usable Buildings and Facilities."

(B) Add TDLR, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas 78711 as a promulgating agency; add 2012 TAS, Texas Accessibility Standards as adopted under 16 Texas Administrative Code, Chapter 68 as the referenced standard; and add code sections 202, 907.5.2.3.3, 1009.8.2, 1009.9, 1009.11, 1010.1.9.7, 1012.1, 1012.6.5, 1012.10, 1013.4, 1023.9, and 1101.2 as the referenced code sections.

(C) Add code section 101.4.8 as a referenced code section for NFPA Standard 70-14, National Electrical Code.

(8) Amend Section K111.1 Adoption to read as follows: "Electrical systems and equipment shall be designed, constructed and installed in accordance with NFPA 70 except as otherwise provided in this code."

(d) The 2015 International Residential Code shall be amended as follows.

(1) Amend Section R101 General as follows.

(A) Amend Section R101.1 Title to read as follows: "These regulations shall be known as the Residential Code for One- and Two-family Dwellings of the Texas Industrialized Housing and Buildings Program, hereinafter referred to as 'this code.'"

(B) Amend Section R101.2 Scope by adding the following: "Where conflicts occur between the provisions of this code and the provisions of Texas Occupations Code, Chapter 1202, Industrialized Housing and Buildings, or the provisions of 16 Texas Administrative Code, Chapter 70, rules governing the Texas Industrialized Housing and Buildings Program, the provisions of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70 shall control."

(2) Amend Section R102 Applicability as follows.

(A) Amend Section R102.4 Referenced codes and standards to read as follows: "The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each reference and as further regulated in Sections R102.4.1 through R102.4.4. Whenever amendments to the referenced codes have been adopted, each reference to said code shall be considered to reference the amendment as well."

(B) Add new Section R102.4.3 Electrical code to read as follows: "The provisions of the National Electrical Code, NFPA 70, shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. Any reference to NFPA 70 or the Electrical Code shall mean the Electrical Code as adopted. Any reference to chapters 34 through 43 of this code shall mean the Electrical Code as adopted."

(C) Add new Section R102.4.4 TDI Code- Wind design to read as follows: "The wind design of buildings to be placed in the first tier counties along the Texas coast and designated catastrophe areas as defined by the Texas Department of Insurance (TDI) shall also comply with the current effective code and amendments adopted by the TDI, hereafter referred to as the TDI Code. Where conflicts occur between the provisions of this code and the TDI Code as they relate to the requirements for wind design, the more stringent requirements shall apply. Where conflicts occur between the provisions of this code and the editions of the codes specified by the Texas Department of Insurance as they relate to requirements other than wind design, this code shall apply."

(D) Amend Section R102.5 Appendices by adding the following: "Appendices G, H, K, P, S and U shall be considered part of this code."

(E) Add new Section R102.8 Moved industrialized housing to read as follows: "Moved industrialized housing shall comply with the requirements of the local building official for moved buildings."

(3) Amend Section R104.1 General by adding the following: "The term building official as used in this code, or as used in the codes and standards referenced in this code, shall mean the Texas Commission of Licensing and Regulation, the executive director of the Texas Department of Licensing and Regulation, the Texas Industrialized Building Code Council, or the local building official in accordance with the powers and duties assigned to each in Texas Occupations Code, Chapter 1202, Industrialized Housing and Buildings."

(4) Amend Section R106.1 Submittal documents by adding the following: "Construction documents depicting the structural design of buildings to be located in hurricane prone regions and in the first tier counties along the Texas coast and designated catastrophe areas as defined by the Texas Department of Insurance (TDI) shall be prepared and sealed by a Texas licensed professional engineer."

(5) Amend Section R110 Certificate of Occupancy as follows.

(A) Amend Section R110.1 Use and occupancy by amending the first sentence to read as follows: "A building or structure shall not be used or occupied, and a change in the existing use or occupancy classification of a building or structure or portion thereof shall not be made, until the local building official has issued a certificate of occupancy in accordance with locally adopted rules and regulations."

(B) Amend Section R110.2 Change in use to read as follows: "Changes in the character or use of new industrialized housing are not allowed. Changes in the character or use of existing industrialized housing shall not be made except as authorized by the local building official."

(C) Amend Section R110.3 Certificate issued to read as follows: "The local building official shall issue a certificate of occupancy in accordance with the locally adopted rules and regulations. After the local building official inspects the industrialized house or building and does not find violations of the provisions of this code or other laws that are enforced by the department of building safety, then the local building official shall issue a record of final inspection authorizing the release of the house or building for occupancy."

(D) Delete Items 1 through 9 of Section R110.3.

(E) Amend Section R110.4 Temporary occupancy to read as follows: "The local building official may issue a temporary certificate of occupancy in accordance with locally adopted rules and regulations."

(F) Add new Section R110.6 Industrialized housing installed outside the jurisdiction of a municipality or in a municipality without an inspection department to read as follows: "The installation of industrialized housing installed outside the jurisdiction of a municipality or within a municipality without an inspection department shall comply with the requirements of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70, Administrative Rules Industrialized Housing and Buildings."

(6) Amend Section R301.2 Climatic and geographic design criteria by adding the following sentence: "If no additional criteria have been established, or if there is no local jurisdiction to set the additional criteria, then the additional criteria shall be in accordance with the requirements in the footnotes of Table R301.2(1) and Sections R301.2.1 through R301.8 of this code."

(7) Amend Section R302.2 Townhouses, Item #2 by adding the following exception: "Exception: Two structurally independent one-hour fire-resistance-rated wall assemblies, tested in accordance with ASTM E 119 or UL 263 with exposure from both sides, may be substituted for a 2-hour fire-resistance-rated common wall assembly. The walls shall be constructed without plumbing or mechanical equipment, ducts or vents in the cavity of the walls. Penetrations of each wall for electrical outlet boxes shall be in accordance with Section R302.4."

(8) Amend Section R303.9 Required heating to read as follows: "Every dwelling unit shall be provided with heating facilities capable of maintaining a minimum room temperature of 68°F (20°C) at a point 3 feet (914 mm) above the floor and 2 feet (610 mm) from exterior walls in habitable rooms at the design temperature. The installation of one or more portable space heaters shall not be used to achieve compliance with this section."

(9) Amend Section R313 Automatic Fire Sprinkler Systems as follows.

(A) Amend Section R313.1 Townhouse automatic fire sprinkler systems to read as follows: "The common wall between townhouses shall be constructed in accordance with Section R302.2(2) if an automatic residential fire sprinkler system is not installed. The fire-rating of the common wall may be reduced in accordance with Section R302.2(1) if an automatic residential fire sprinkler system is installed in townhouses."

(B) Amend Section R313.2 One- and two-family dwelling automatic fire systems to read as follows: "One- and two-family dwelling automatic fire sprinkler systems. The construction, projections, openings and penetrations of exterior walls of one- and two-family dwellings and accessory buildings shall comply with Table R302.1(1) if an automatic residential fire sprinkler system is not installed. The construction, projections, openings and penetrations of the exterior walls of one- and two-family dwellings and their accessory uses may be constructed in accordance with the requirements of Table R302.1(2) if an automatic residential fire sprinkler system is installed in one- and two-family dwellings."

(10) Amend the second sentence of Section R902.1 Roofing covering materials to read as follows: "Class A, B or C roofing shall be installed.

(11) Amend Chapter 11 Energy Efficiency as follows.

(A) Replace N1101.2 Intent with N1101.2 Compliance to read as follows: "Compliance shall be demonstrated by meeting the requirements of the Residential Provisions of the International Energy Conservation Code."

(B) Delete Section N1101.3 through Section N1111.

(12) Delete Part VIII- Electrical, Chapters 34 through 43.

(13) Amend Chapter 44 Referenced Standards as follows.

(A) Delete code sections N1101.5 and N1101.13 as referenced code sections for IECC-15, International Energy Conservation Code.

(B) Add code section R102.3 and delete code sections E3401.1, E3401.2, E4301.1, Table E4303.2, E4304.3, and E4304.4 as referenced code sections for NFPA 70-14, National Electrical Code.

(C) Add TDI, Texas Department of Insurance, Windstorm Inspections Program, 333 Guadalupe Street, Austin, Texas 78701 as a promulgating agency, add TDI Code, Building Codes adopted by TDI for the Windstorm Inspection Program, as the referenced standard, and add code sections R102.4.4 and R106.1 as the referenced code sections.

(14) Amend Section U101.1 General to read as follows: "These provisions shall be applicable for new construction where solar-ready provisions are provided."

(e) The 2015 International Fuel Gas Code shall be amended as follows.

(1) Amend Section 101 General as follows.

(A) Amend Section 101.1 Title to read as follows: "These regulations shall be known as the Fuel Gas Code of the Texas Industrialized Housing and Buildings Program, hereinafter referred to as 'this code.'"

(B) Amend Section 101.2 Scope by adding the following: "Where conflicts occur between the provisions of this code and the provisions of Texas Occupations Code, Chapter 1202, Industrialized Housing and Buildings, or the provisions of 16 Texas Administrative Code, Chapter 70, rules governing the Texas Industrialized Housing and Buildings Program, the provisions of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70 shall control."

(2) Amend Section 102 Applicability as follows.

(A) Amend Section 102.4 Additions, alterations or repairs by replacing the first sentence with the following: "The provisions of the International Existing Building Code shall apply to all matters governing the repair, alterations, or additions of existing previously occupied industrialized buildings that are designed to be transported from one commercial site to another commercial site."

(B) Amend Section 102.5 Change in occupancy by adding the following to the beginning of the section: "The provisions of the International Existing Building Code shall apply to all matters governing a change in the occupancy of existing previously occupied industrialized buildings that are designed to be transported from one commercial site to another commercial site."

(C) Amend Section 102.7 Moved buildings by replacing the first sentence with the following: "Moved industrialized buildings that bear approved certification decals or insignia, and that may also bear an alteration decal, in accordance with the requirements of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70, and that have not been altered or modified since the decal, insignia, or alteration decal was attached, shall be considered to be in compliance with the current mandatory building codes adopted by the Texas Industrialized Building Code Council."

(D) Amend Section 102.8 Referenced codes and standards by adding the following: "Whenever amendments to the referenced codes have been adopted, each reference to said code shall be considered to reference the amendment as well."

(3) Amend Chapter 8 Referenced Standards by adding ICC Standard IEBC-15, International Existing Building Code, referenced in code sections 102.4 and 102.5.

(f) The 2015 International Mechanical Code shall be amended as follows.

(1) Amend Section 101 General as follows.

(A) Amend Section 101.1 Title to read as follows: "These regulations shall be known as the Mechanical Code of the Texas Industrialized Housing and Buildings Program, hereinafter referred to as 'this code.'"

(B) Amend Section 101.2 Scope by adding the following: "Where conflicts occur between the provisions of this code and the provisions of Texas Occupations Code, Chapter 1202, Industrialized Housing and Buildings, or the provisions of 16 Texas Administrative Code, Chapter 70, rules governing the Texas Industrialized Housing and Buildings Program, the provisions of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70 shall control."

(2) Amend Section 102 Applicability as follows.

(A) Amend Section 102.4 Additions, alterations or repairs by replacing the first sentence with the following: "The provisions of the International Existing Building Code shall apply to all matters governing the repair, alterations, or additions of existing previously occupied industrialized buildings that are designed to be transported from one commercial site to another commercial site."

(B) Amend Section 102.5 Change in occupancy by replacing the first sentence with the following: "The provisions of the International Existing Building Code shall apply to all matters governing a change in the occupancy of existing previously occupied industrialized buildings that are designed to be transported from one commercial site to another commercial site."

(C) Amend Section 102.7 Moved buildings by replacing the first sentence with the following: "Moved industrialized buildings that bear approved certification decals or insignia, and that may also bear an alteration decal, in accordance with the requirements of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70, and that have not been altered or modified since the decal, insignia, or alteration decal was attached, shall be considered to be in compliance with the current mandatory building codes adopted by the Texas Industrialized Building Code Council."

(D) Amend Section 102.8 Referenced codes and standards by adding the following: "Whenever amendments to the referenced codes have been adopted, each reference to said code shall be considered to reference the amendment as well."

(3) Amend Chapter 15 Referenced Standards by adding ICC Standard IEBC-15, International Existing Building Code, referenced in code sections 102.4 and 102.5.

(g) The 2015 International Plumbing Code shall be amended as follows.

(1) Amend Section 101 General as follows.

(A) Amend Section 101.1 Title to read as follows: "These regulations shall be known as the Plumbing Code of the Texas Industrialized Housing and Buildings Program, hereinafter referred to as 'this code.'"

(B) Amend Section 101.2 Scope by adding the following: "Where conflicts occur between the provisions of this code and the provisions of Texas Occupations Code, Chapter 1202, Industrialized Housing and Buildings, or the provisions of 16 Texas Administrative Code, Chapter 70, rules governing the Texas Industrialized Housing and Buildings Program, the provisions of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70 shall control."

(2) Amend Section 102 Applicability as follows.

(A) Amend Section 102.4 Additions, alterations or repairs by replacing the first sentence with the following: "The provisions of the International Existing Building Code shall apply to all matters governing the repair, alterations, or additions of existing previously occupied industrialized buildings that are designed to be transported from one commercial site to another commercial site."

(B) Amend Section 102.5 Change in occupancy by adding the following to the beginning of the section: "The provisions of the International Existing Building Code shall apply to all matters governing a change in the occupancy of existing previously occupied industrialized buildings that are designed to be transported from one commercial site to another commercial site."

(C) Amend Section 102.7 Moved buildings to add the following sentence: "Moved industrialized buildings that bear approved certification decals or insignia, and that may also bear an alteration decal, in accordance with the requirements of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70, and that have not been altered or modified since the decal, insignia, or alteration decal was attached, shall be considered to be in compliance with the current mandatory building codes adopted by the Texas Industrialized Building Code Council."

(D) Amend Section 102.8 Referenced codes and standards by adding the following: "Whenever amendments to the referenced codes have been adopted, each reference to said code shall be considered to reference the amendment as well."

(3) Amend Section 403 Minimum Plumbing Facilities as follows.

(A) Add new Section 403.5 Industrialized housing and buildings exceptions to read as follows: "Plumbing fixtures for industrialized buildings shall be provided as required by Table 403.1 except as allowed in Sections 403.5.1, 403.5.2 and 403.5.3."

(B) Add new Section 403.5.1 Buildings that are not normally occupied to read as follows: "Buildings, such as equipment or communication shelters, that are not normally occupied or that are only occupied to service equipment, shall not be required to provide plumbing facilities. EXCEPTION: Buildings that are not normally occupied that are also classified as a Group H occupancy must be provided with plumbing facilities required for this type of occupancy such as requirements for emergency showers and eyewash stations."

(C) Add new Section 403.5.2 Other industrialized buildings to read as follows: "All other industrialized buildings shall contain the minimum plumbing fixtures required in accordance with Table 403.1 unless the building is a non-site specific building and the plans and the data plate contain a special condition/limitation note that the minimum number of required fixtures shall be provided in another building located on the installation site with a path of travel that does not exceed a distance of 500 feet. The plumbing facilities must be accessible to the occupants of the industrialized building. Non-site specific buildings and special condition limitation notes shall be as defined in the 16 Texas Administrative Code, Chapter 70, rules governing the Texas Industrialized Housing and Buildings Program."

(D) Add new Section 403.5.3 Requirements for service sinks for industrialized buildings to read as follows: "Commercial industrialized buildings with areas of less than or equal to 1,800 square feet shall not be required to contain a service sink provided that the building contains a lavatory and water closet that can be substituted for the service sink. EXCEPTION: A building of less than 1,800 square feet in area without any plumbing facilities shall comply with section 403.5.2."

(4) Amend Chapter 13 Referenced Standards by adding ICC Standard IEBC-15, International Existing Building Code, referenced in code sections 102.4 and 102.5.

(h) The 2015 International Energy Conservation Code shall be amended as follows.

(1) Amend Section C101 Scope and General Requirements and R101 Scope and General Requirements as follows.

(A) Amend Section C101.1 Title and Section R101.1 Title to read as follows: "These regulations shall be known as the Energy Conservation Code of the Texas Industrialized Housing and Buildings Program, hereinafter referred to as 'this code.'"

(B) Amend Section C101.2 Scope and R101.2 Scope by adding the following: "Where conflicts occur between the provisions of this code and the provisions of Texas Occupations Code, Chapter 1202, Industrialized Housing and Buildings, or the provisions of 16 Texas Administrative Code, Chapter 70, rules governing the Texas Industrialized Housing and Buildings Program, the provisions of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70 shall control."

(2) Amend Section C102 Alternate Materials - Method of Construction, Design or Insulating Systems and R102 Alternate Materials, Design and Methods of Construction and Equipment as follows.

(A) Add new Section C102.1.2 Compliance software tools to read as follows: "The following software tools may be used to demonstrate energy code compliance for commercial buildings. The mandatory requirements of this code apply regardless of the software program that is used to demonstrate compliance. 1. The PLLN/DOE software programs COMcheck. 2. Software programs approved by the State Energy Conservation Office. 3. Other software programs if approved by the executive director or the Council."

(B) Add new Section R102.1.2 Compliance software tools to read as follows: "The following software tools may be used to demonstrate energy code compliance for commercial buildings. The mandatory requirements of this code apply regardless of the software program that is used to demonstrate compliance. 1. The PLLN/DOE software programsREScheck. 2. The Texas Energy Systems Laboratory International Code Compliance Calculator, IC3. 3. Software programs approved by the State Energy Conservation Office. 4. Other software programs if approved by the executive director or the Council."

(3) Amend Section C106.1 Referenced codes and standards and Section R106.1 Referenced Codes and Standards by adding the following: "Whenever amendments to the referenced codes have been adopted, each reference to said code shall be considered to reference the amendment as well."

(4) Add new Section C401.2.2 Buildings for state agencies and institutions of higher education to read as follows: "Buildings for state agencies and institutions of higher education shall comply with the energy standard adopted pursuant to Texas Government Code, §447.004 by the State Energy Conservation Office (SECO), and implementation through 34 Texas Administrative Code, Chapter 19, Subchapter C, Energy Conservation Design Standards."

(5) Add new item 4 to Section R401.2 Compliance to read as follows: “Alternative for single-family housing only. A manufacturer or builder may choose to use the energy code with any local amendments or alternative compliance paths that are requested by a municipality, county, or group of counties located in the climate zone where the house will be located and are determined by the Texas Energy Systems Laboratory to be equally or more stringent than the energy code adopted by the State Energy Conservation Office (SECO).”

(6) Add new Section C501.7 Moved buildings to add the following sentence: “Moved industrialized buildings that bear approved certification decals or insignia, and that may also bear an alteration decal, in accordance with the requirements of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70, and that have not been altered or modified since the decal, insignia, or alteration decal was attached, shall be considered to be in compliance with the current mandatory building codes adopted by the Texas Industrialized Building Code Council.”

(7) Amend Chapter C6 Referenced Standards and Chapter R6 Referenced Standards as follows.

(A) Add to Chapter C6 PNNL/DOE, Pacific Northwest National Laboratory/Department of Energy Conservation, https://www.energycodes.gov/software-and-webtools, as a promulgating agency, COMcheck Version 4.0.5.2 or later, Commercial Energy Compliance Software as the referenced standard, and section C102.1.2 as the referenced code section.

(B) Add to Chapter R6 PNNL/DOE, Pacific Northwest National Laboratory/Department of Energy Conservation, https://www.energycodes.gov/software-and-webtools, as a promulgating agency, REScheck Version 4.6.3 or later, Residential Energy Compliance Software as the referenced standard, and section R102.1.2 as the referenced code section.

(C) Add to Chapter R6 the Texas Energy Systems Laboratory, 402 Harvey Mitchell Parkway South, College Station, TX 77845-3581, as a promulgating agency, IC3, v 3.10 or later, International Code Compliance Calculator as the referenced standard, and section R102.1.2 as the referenced code section.

(i) The 2015 International Existing Building Code shall be amended as follows.

(1) Amend Section 101 General as follows.

(A) Amend Section 101.1 Title to read as follows: "These regulations shall be known as the Existing Building Code of the Texas Industrialized Housing and Buildings Program, hereinafter referred to as 'this code.'"

(B) Amend Section 101.2 Scope by adding the following: "Where conflicts occur between the provisions of this code and the provisions of Texas Occupations Code, Chapter 1202, Industrialized Housing and Buildings, or the provisions of 16 Texas Administrative Code, Chapter 70, rules governing the Texas Industrialized Housing and Buildings Program, the provisions of Texas Occupations Code, Chapter 1202 and 16 Texas Administrative Code, Chapter 70 shall control."

(2) Amend Section 102 Applicability as follows.

(A) Amend Section 102.4 Referenced codes and standards to read as follows: "The codes and standards referenced in this code shall be considered to be part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.4.1 through 102.4.3. Whenever amendments to the referenced codes have been adopted, each reference to said code shall be considered to reference the amendment as well."

(B) Add new Section 102.4.3 Accessibility for existing buildings to read as follows: "Wherever reference elsewhere in this code is made to sections in Chapter 11 of the International Building Code or ICC A117.1, the Texas Accessibility Standards (TAS) of Texas Government Code, Chapter 469, Elimination of Architectural Barriers shall be substituted."

(3) Amend the first sentence of Section 1401.2 Applicability to read as follows: "Structures existing prior to August 1, 2017, in which there is work involving additions, alterations or changes of occupancy shall be made to conform to the requirements of this chapter or the provisions of Chapters 5 through 13."

(4) Amend Chapter 15 Referenced Standards as follows.

(A) Delete the following standard: "ICC A117.1-09, Accessible and Usable Buildings and Facilities."

(B) Add TDLR, Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, TX 78711 as a promulgating agency; add 2012 TAS, Texas Accessibility Standards as adopted under 16 Texas Administrative Code, Chapter 68 as the referenced standard; and add code sections 102.4, 410.8.2, 410.8.3, 410.8.10, 705.1.2, and 705.1.3 as the referenced code sections.

(j) The 2014 National Electrical Code shall be amended as follows.

(1) Add the following to Article 310.1 Scope: “Aluminum and copper-clad aluminum shall not be used for branch circuits in buildings classified as a residential occupancy. Aluminum and copper-clad aluminum conductors, of size number 4 AWG or larger, may be used in branch circuits in buildings classified as occupancies other than residential.”

(2) Add new Article 545.14, Testing, to read as follows.

(A) “(A) Dielectric Strength Test. The wiring of each modular house, building, or component shall be subjected to a 1-minute, 900-volt, dielectric strength test (with all switches closed) between live parts (including neutral conductor) and the house, building, or component ground. Alternatively, the test shall be permitted to be performed at 1080 volts for 1 second. This test shall be performed after branch circuits are complete and after luminaires or appliances are installed. Exception: Listed luminaires or appliances shall not be required to withstand the dielectric strength test. Exception: A DC dielectric tester can be used as an alternate to the use of an AC dielectric tester. The applied test voltage for testing with a DC tester shall be 1.414 times the value of the equivalent AC test voltage.”

(B) “(B) Continuity and Operational Tests and Polarity Checks. Each modular house, building, or component shall be subjected to all of the following: (1) An electrical continuity test to ensure that all exposed electrically conductive parts are properly bonded; (2) An electrical operational test to demonstrate that all equipment, except water heaters and electric furnaces, are connected and in working order; (3) Electrical polarity checks of permanently wired equipment and receptacle outlets to determine that connections have been properly made.”

REVIEW BY AGENCY COUNSEL

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency’s legal authority.

Filed with the Office of the Secretary of State, on February 24, 2020.


Brad Bowman
General Counsel
Texas Department of Licensing and Regulation