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In-Plant Inspection Program

Revised: January 22, 2010

REFERENCES
PURPOSE
INSPECTORS AND SCHEDULING OF INSPECTIONS
FREQUENCY OF INSPECTIONS
INSPECTION PROCEDURES
CONFISCATION OF DECALS OR INSIGNIA
INSPECTION REPORT
RECIPROCITY WITH OTHER STATES

REFERENCES

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

(1) § 1202.151, Building Codes

(2) § 1202.152, Building Code Amendment

(3) § 1202.154, Design Review

(4) § 1202.155, Council Stamp of Approval

(5) § 1202.156, Council Determination of Certain Questions Relating to Industrialized Housing and Buildings

(6) § 1202.157, Council Decisions Binding

(7) § 1202.201, Inspection Procedures

(8) § 1202.202, Department Inspections

(9) § 1202.204, Rules Providing for Decals or Insignia

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

(1) § 70.51, Third Party Inspection Reports

(2) § 70.70, Responsibilities of the Registrants – Manufacturer’s Design Package and REF Builder’s Construction Documents

(3) § 70.71, Responsibilities of the Registrants – Data Plate

(4) §70.72, Responsibilities of the Registrants – In-Plant Inspection

(5) § 70.77, Responsibilities of the Registrants – Decals and Insignia for New Construction

(6) § 70.100, Mandatory Building Codes

(7) § 70.101, Amendments to Mandatory Building Codes

(8) § 70.102, Use and Construction of Codes

PURPOSE

After certification, inspections of the manufacturing facility are performed by qualified inspectors to assure that:

(a) the manufacturer continues to follow his approved compliance control procedures;

(b) the manufacturer continues to produce units that conform to the approved designs and codes in effect at the time of the inspection;

(c) the units produced conform to the approved designs contained in the design package;

(d) corrections are made if an inspection reveals a failure to conform (deviation);

(e) when failures to conform to the approved design are discovered in one unit, other related units do not leave the facility with the same failure to conform;

(f) when the nature of the deviation is related to life safety, the manufacturer and the Department are notified so that preceding units may be corrected; and

(g) the approved compliance control procedures prevent covering of deviations prior to correction.

INSPECTORS AND SCHEDULING OF INSPECTIONS

(a) The manufacturer shall designate in writing to the Department the third party inspection agency (TPIA) that will be performing in-plant inspections. Only agencies approved and registered with the Department may be designated to perform Texas in-plant inspections. Changes in third party inspection agencies shall also be designated in writing to the Department prior to the change.

(b) A manufacturer may designate more than one TPIA to perform in-plant inspections. However, once a TPIA has begun the inspection on the modules for a project or building, the manufacturer may not change inspection agencies for that project or building.

(c) Only third party inspectors (TPI’s) approved and registered with the Department may be designated by the TPIA to perform Texas in-plant inspections. TPI’s shall have a good working knowledge of the building codes enacted in section 70.100 and 70.101 of the rules governing industrialized housing and buildings. In addition, they shall be familiar with Chapter 1202 of the Occupations Code, Industrialized Housing and Buildings; and Industrialized Housing and Buildings Rules, Chapter 70; and have a good working knowledge of blueprint reading and interpretation.

(d) TPIA’s shall provide the Department a written schedule of in-plant inspections a minimum of seven days prior to the inspection [Department rule 70.61(c)]. Notifications may be mailed, faxed, or emailed to the Department. The Department must be notified in writing of a non-occurrence of an inspection prior to submission of the inspection reports for that month. If the inspection must be rescheduled, then the TPIA must immediately inform the department in writing of the schedule change. The TPIA must contact the department for approval when a change of an inspection date occurs that does not provide the required seven days notice. Information about scheduled inspections is used by the Department to schedule monitoring inspections of the TPI’s. Failure to provide notification to the Department of canceled or postponed inspections to the Department in a timely manner could result in a bill to the manufacturer for a monitoring inspection for a TPI inspection that did not occur.

(e) TPIA’s shall immediately inform the Department in writing of the scheduling of a reinspection. Seven-day notice of inspection shall not be required for reinspections.

FREQUENCY OF INSPECTIONS

(a) The TPIA/TPI shall conduct announced or unannounced inspections at the manufacturing facility at reasonable, but varying intervals to review any and all aspects of the manufacturer’s production and compliance control program. Inspection of every visible aspect of every module shall normally be made at least at one point prior to completion of the structural, plumbing, mechanical, or electrical phase. Inspection of system testing shall be made at least once every third inspection. Inspection of the energy compliance design shall be made at every inspection. Exception: For buildings that are not required to meet the envelope requirements of the mandatory energy code, inspection of the energy compliance design shall be made at least once every 3rd inspection. A minimum of one inspection per module shall be required.

(b) An increased frequency of inspections shall be required on a minimum of the first 5 Texas units in production for Texas certified IHB manufacturers who have not constructed for Texas in 6 or more months. System testing and a substantial portion of the energy compliance design shall be inspected on one or more of these inspections. A minimum of 2 inspections per unit shall be required.

(c) Three or more inspections per unit shall be required on a minimum of the first 10 Texas units in production for Texas certified IHB manufacturers who have not constructed for any state modular construction program for 3 or more months. A state modular construction program shall be defined as one authorized by the State legislature that employs state approved third party inspectors or inspectors employed directly by the State to perform in-plant inspections. System testing and a substantial portion of the energy compliance design shall be inspected on one or more of these inspections. The Texas approved third party inspection agency shall continue the increased frequency of inspections until assured that:

(1) the manufacturer is still capable of constructing units in compliance with the Texas IHB law and rules;

(2) the manufacturer’s compliance control program is continuing to function in accordance with the Texas approved procedures; and

(3) the manufacturer is in compliance with any conditions of certification in accordance with the Texas Facility Evaluation Report (certification report) for that facility.

(e) The frequency of inspections shall be increased if a review of the last five inspection reports indicates 2 or more failures of the compliance control personnel to follow their approved procedures. The increased frequency of inspections shall continue and the decals or insignia shall remain in the control of the inspection agency until the agency is satisfied that the problem has been corrected.

(f) Frequency of inspections shall be increased if a review of the last 10 inspection reports indicates failure of the manufacturer to provide an approved design for a unit or units on two or more inspections. The increased frequency of inspections shall continue and the control of the decals or insignia shall remain with the inspection agency until the agency is satisfied that the problem has been corrected.

(g) Frequency of inspections shall be increased if a review of compliance control travelers for units that received a Texas decal or insignia, or label for a reciprocal state, since the last inspection displays a failure of the compliance control staff to document inspections in accordance with the manufacturer’s approved procedures. The increased frequency of inspections shall continue and the control of the decals or insignia shall remain with the inspection agency until the agency is satisfied that the problem has been corrected.

(h) The TPI or TPIA shall notify the Department in writing of changes in the frequency of inspections of a manufacturer.

INSPECTION PROCEDURES

Inspection procedures are applicable to all in-plant inspections, including reinspections.

(a) The inspector shall perform an entrance interview at the start of the inspection. During the interview the inspector shall inform the manufacturer:

(1) that the compliance control procedures must function normally as stated in the approved compliance control manual;

(2) that the compliance control documents (travelers) will be examined for all units that received a decal or insignia, or label from a reciprocal state, since the last inspection;

(3) that every Texas unit and every unit for a reciprocal state, including units previously inspected, on the production line and in the plant will be inspected;

(4) that each unit that has a decal or insignia affixed shall be checked for proper application of data plate and decal or insignia;

(5) that system testing must be witnessed at least once every third inspection. If inspection is required but cannot be accomplished, then the manufacturer shall schedule an additional inspection on the units currently in production; and

(6) that the energy compliance design shall be inspected at every inspection. Exception: For buildings that are not required to meet the envelope requirements of the mandatory energy code, inspection of the energy compliance design shall be made at least once every 3rd inspection. If inspection is required but cannot be accomplished, then the manufacturer shall schedule an additional inspection on the units currently in production.

(b) The inspector shall request notification of changes to the approved design package and review the manufacturer’s design package before beginning the inspection. The inspector shall also review the inspection reports from the last 10 inspections and document uncorrected deviations on the present inspection report.

(c) The inspector shall begin each inspection at a different station or phase of construction than the last inspection.

(1) Primary emphasis shall be on inspection to the approved design package.

(2) Units with uncorrected deviations from a previous inspection shall be inspected to assure that corrections have been made.

(d) Deviations shall be recorded on the Texas in-plant inspection report. A nonconformance to the approved design package is not a deviation if the manufacturer's compliance control personnel discovers and assures that the nonconformance is corrected or if it is corrected prior to inspection by the manufacturer's compliance control personnel.

(1) The inspector shall not inform the manufacturer of deviations on units until the manufacturer's compliance control personnel have completed their inspections unless a deviation is about to be covered by other construction, or if the inspector has completed his inspection and the deviation will not be corrected before he leaves the plant.

(2) If a deviation is discovered on one unit, then all Texas units, and units in production for any reciprocal states, shall be inspected for the same deviation.

(3) Failure of the compliance control personnel to perform their required inspections prior to the construction being covered shall be documented as a deviation.

(4) Failure of the compliance control personnel to follow their approved procedures shall be documented as a deviation.

(5) The inspector shall notify the Department of repetitive deviations and receive instructions of further action to be taken.

(e) If the approved design package is not specific with respect to some aspect of construction or the manufacturer does not have an approved design for a unit or units, then the inspector shall not inspect until the manufacturer can produce the necessary approvals.

(1) Lack of approved documents shall be documented as a deviation on the Texas in-plant inspection report.

(2) Construction concealing the aspect of construction that could not be inspected shall be uncovered to facilitate inspection at a later date.

(f) The inspector shall review the compliance control travelers for units that received a decal or insignia since the last inspection. Inadequate or incomplete compliance control travelers shall be recorded as a deviation on the Texas in-plant inspection report.

(g) The inspector shall perform an exit interview at the completion of the inspection to discuss the inspection relative to deviations, corrective actions, and any compliance control problems that need to be corrected. Texas decals or insignia and labels for reciprocal states shall be confiscated at this time and shall not be returned until the manufacturer can demonstrate to the satisfaction of the inspector or inspection agency that all deviations have been brought into conformance.

CONFISCATION OF DECALS OR INSIGNIA

Reasons for confiscating the manufacturer’s Texas decals or insignia, or labels for a reciprocal state, shall be documented on the Texas in-plant inspection report. The inspector or inspection agency shall notify the Department in writing when it is necessary to confiscate all Texas decals or insignia, or labels for a reciprocal state, and subsequent decals or insignia shall be released only to the third party inspection agency until notified by the agency that the problem resulting in confiscation of the labels has been corrected. Confiscated decals or insignia shall remain in the control of the inspection agency until the agency is satisfied that the problem has been corrected. Texas decals or insignia and labels for reciprocal states shall be confiscated for any of the following.

(1) Failure to correct a deviation prior to completion of the inspection. Confiscate only for affected units.

(2) No approved compliance control manual in-plant. Confiscate all decals, insignia, or labels in-plant and increase the frequency of inspections.

(3) Failure to follow compliance control procedures – see “Inspection Procedures.” Confiscate all decals, insignia, or labels if increased frequency of inspections is required.

(4) Failure to provide approved documents with respect to some aspect of construction – see “Inspection Procedures.’ Confiscate for affected units. Confiscate all decals, insignia, or labels if increased frequency of inspections is required.

(5) Failure to provide approved plans for a unit or units – see “Inspection Procedures.” Confiscate for affected units. Confiscate all decals, insignia, or labels if increased frequency of inspections is required.

(6) Inadequate or incomplete compliance control travelers for units receiving decals or insignia since last inspection – see “Inspection Procedures.” Confiscate all decals, insignia, or labels if increased frequency of inspections is required.

(7) Inspection of system testing required, but tests not performed – see “Frequency of Inspections” and “Inspection Procedures.” Confiscate all decals and insignia in-plant and schedule reinspection.

(8) Inspection of energy compliance design required, but not performed – see “Frequency of Inspections” and “Inspection Procedures.” Confiscate all decals and insignia in-plant and schedule reinspection.

INSPECTION REPORT

(a) Texas in-plant inspections shall be recorded on the forms and in the format required by the Department. All forms used for in-plant inspections are available on the IHB web site at http://www.tdlr.texas.gov/ihb/ihbforms.htm#Inspection and are provided in both Acrobat PDF format and Word format. The inspection shall be documented on the following forms.

(1) Form #IHB210, Inspection Record Summary – Cover page of the inspection report. This form is used to summarize the units inspected and must be completed for every inspection. Units that are reinspected for any reason shall be documented on this form the same as units being inspected for the first time. Instructions for completing this form can be found on the back of the form.

(2) Form #022ihb, Plant Inspection Procedural Checklist – A checklist of the procedures to be followed by the TPI in the performance of a Texas in-plant inspection. This form must be completed for every inspection. Instructions for completing this form can be found on the back of the form.

(3) Form #030ihb, Monitoring of System Testing – Used to document witnessing of system testing by the TPI. This form is used only when system testing is observed – see “Frequency of Inspections” and “Inspection Procedures.” Instructions for completing this form can be found on the back of the form.

(4) Form #031ihb, Deviation Report – Used to document deviations to the approved design manual, mandatory building codes, or Department rules. This form is used only when there are deviations to record. Instructions for completing this form can be found on the back of the form.

(5) Form #032ihb, Possible DRA Approval Error – Used to inform the Department of possible plan approval errors in the approved documents. This form is used only when there are questions concerning the code compliance of approved documents. Instructions for completing this form can be found on the back of the form.

(6) Form #051ihb, Energy Inspection Summary Sheet – Used to document energy compliance of units. This form shall be completed for every inspection where aspects of the energy compliance design are inspected. Instructions for completing this form can be found on the back of the form.

(b) The inspection report must be neat and legible and provide enough information to allow someone who is not familiar with the approved design or the product to locate each deviation.

(c) The inspector shall leave a copy of the inspection report with the manufacturer and keep a copy for the inspection agency’s files. The manufacturer and the TPIA shall maintain copies of all in-plant inspection reports for a minimum of 5 years.

(d) The inspector shall file the original inspection report for each in-plant inspection with the Department by no later than the 10th of the month following the inspection.

RECIPROCITY WITH OTHER STATES

Reciprocity agreements affect only those manufacturers located in Texas and the reciprocal state or states. Inspection procedures are the same whether inspecting for Texas or any state that has entered into a reciprocity agreement with Texas. In any instance where the code requirements between Texas and the reciprocal state differ, the more stringent requirements will prevail and inspections shall be made in accordance with any adopted code differences. In any instance where the approved plans for Texas and the reciprocal state differ, the more stringent requirements will prevail and inspections shall be made in accordance with the more stringent requirements. Labels for reciprocal states will be placed in the vicinity of the Texas decal or insignia (in accordance with the approved plans). If it is necessary to confiscate decals for a Texas unit that is also inspected for the reciprocal state, then you must also confiscate labels for the reciprocal state. The inspector shall fax a copy of the inspection report to the Department immediately whenever it is necessary to confiscate labels for a reciprocal state. The fax cover sheet shall indicate the anticipated date of reinspection. The inspector shall fax a copy of the inspection report to the Department on the date the labels are returned to the manufacturer.