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Recertification Procedures for Industrialized Buildings designed to be moved from One Commercial Site to another Commercial Site

Effective May 1, 2005

REFERENCES

(a) All parties involved in the recertification or alteration of an industrialized building designed to be moved from one commercial site to another commercial site should be familiar with the Texas Occupations Code, Chapter 1202, Industrialized Housing and Buildings; Chapter 70, Industrialized Housing and Buildings Rules; and the mandatory building codes.

(b) Specific sections of the Texas Occupations Code, Chapter 1202, that are applicable to recertification or alterations of industrialized buildings include, but are not limited to, the following:

(1) § 1202.1535, Effect of Building Code Amendment;

(2) § 1202.154, Design Review;

(3) § 1202.201, Inspection Procedures;

(4) § 1202.202, Department Inspections; and

(5) § 1202.204, Rules Providing for Decals or Insignia

(c) Specific sections of the rules governing Industrialized Housing and Buildings that are applicable to recertification or alterations of industrialized buildings include, but are not limited to, the following:

(1) § 70.10, Definitions

(2) § 70.70, Responsibilities of the Registrants – Manufacturer’s Design Package;

(3) § 70.73, Responsibilities of the Registrants – Manufacturer’s Data Plate;

(4) § 70.74, Responsibilities of the Registrants – Alterations;

(5) § 70.75, Responsibilities of the Registrants – Permit/Owner Information;

(6) § 70.100, Mandatory Building Codes;

(7) § 70.101, Amendments to Mandatory Building Codes; and

(8) § 70.102, Use and Construction of Codes.

PURPOSE

The purpose of this document is to set procedures to assure that the recertification or alteration of industrialized buildings designed to be moved from one commercial site to another commercial site that were originally constructed under the Texas industrialized housing and buildings program comply with the mandatory building codes adopted by Chapter 1202 of the Texas Occupations Code (reference §1202.151 and §1202.152). The review and approval of construction documents for the recertification of an industrialized building are performed to assure compliance with the mandatory building codes. Inspections of recertification or alteration construction is performed to assure compliance with the approved construction documents and mandatory building codes and to assure that alteration decals are affixed only to units found to be in compliance.

Ordinary repairs to structures, replacement of lamps, or the connection of approved portable electrical equipment to approved permanently installed receptacles shall not be considered alterations. Ordinary repairs shall include the removal and replacement of the covering of existing materials, elements, equipment, or fixtures using like or the same new materials, elements, equipment, or fixtures that serve the same purpose. Ordinary repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

RECERTIFICATION CLASSES

There are 4 classes of industrialized buildings that may be recertified under department rule 70.74. The classes are as follows.

1. Original approved construction documents exist, the building has not been previously altered, and alterations are planned (includes all buildings constructed on or after July 1, 2004) – Reference rule 70.74(f)(1) and 70.74(f)(10)

2. Original approved construction documents do not exist – Reference rule 70.74(f)(2)

3. Original approved construction documents exist, but the building has been altered and not recertified – Reference rule 70.74(f)(3)

4. Building has been recertified in accordance with rule 70.74, but additional alterations are planned – Reference rule 70.74(f)(4)

PLAN REVIEW AND APPROVAL

(a) The industrialized builder shall select a Council approved design review agency (DRA) to perform all required reviews and evaluations of construction documents for the recertification or alteration of the industrialized building. The builder may choose a different DRA for different projects, but may not change DRA’s for a project once the plan review has begun without prior written approval from the Department.

(b) Recertification documentation. The industrialized builder shall provide the DRA documentation that must, at a minimum, contain the following.

(1) A signed copy of the “Recertification Transmittal Form,” form #TDLR 069ihb, containing, at a minimum, the following information:

(A) the name and registration number of the industrialized builder;

(B) a contact name, mailing address, phone number, and email address (optional) for the industrialized builder;

(C) the address where the alteration construction will be performed;

(D) the name and registration number of the manufacturer of the units to be altered;

(E) the Texas decal numbers and unit serial numbers assigned by the manufacturer for each unit to be altered. Where applicable include Texas alteration decal numbers for each unit to be altered;

(F) the building recertification class. Check the applicable box and enter information required for that class as indicated on the form. For certification class 1 also check if building has not been previously occupied or used for its intended purpose.

(G) if emergency repairs have been made to the building, then check the box for emergency repairs;

(H) the value of the industrialized building to be altered;

(I) an estimate of the cost to complete the alteration or repair if new alterations of the building are planned or emergency repairs have been made to the building; and

(J) the signature of the industrialized builder or owner certifying that all information is true and accurate and that the recertification or alteration shall be constructed in accordance with the mandatory building codes. The signature for an industrialized builder must be a corporate officer if incorporated, managing partner of a partnership, sole proprietor, or other individual designated in writing to the Department as authorized to represent the builder for the recertification or alteration of buildings in the builder’s fleet.

(2) A copy of the data plate on the building.

(3) The industrialized builder shall submit the documentation as indicated below to the DRA for each of the 4 recertification classes. The cover page of the plans shall include, in addition to the information required by Department rule 70.70(b)(18), the serial number and decal number or each unit to be altered or recertified, the location of the original decal on each unit, the location of the original data plate on the building, the location of the alteration data plate, if required, on each building, and system test requirements in accordance with the mandatory building codes.

(A) Class 1 – a copy of the original approved construction documents and a copy of the construction documents for alteration of the building. For alterations to be evaluated in accordance with Chapter 12 of the International Existing Building Code (IEBC), the documentation shall include the summary sheet from Table 1201.7 of the IEBC and complete documentation to show how each value was determined.

(B) Class 2 – a structural analysis of the existing building made by an engineer licensed to practice in Texas and a copy of the as built construction documents for the existing building. A copy of the construction documents to bring the building into compliance with the mandatory building codes shall also be submitted to the DRA where the structural analysis or a review of the as built construction documents identifies areas that are not in compliance. If additional alterations to the building are planned, then also submit a copy of the construction documents for altering the building.

(C) Class 3 – a copy of the original approved construction documents and a copy of construction documents that depict the alterations or repairs that have been made to the building. Where structural elements of the building have been altered, a structural analysis of the existing building made by an engineer licensed to practice in Texas shall also be submitted. For alterations to be evaluated in accordance with Chapter 12 of the IEBC, the documentation shall include the summary sheet from Table 1201.7 of the IEBC and complete documentation to show how each value was determined. A copy of the construction documents to bring the building into compliance with the mandatory building codes shall be submitted to the DRA where the structural analysis or the review of previous alterations or repairs to the building identifies areas that are not in compliance. If additional alterations to the building are planned, then also submit a copy of the construction documents for altering the building.

(D) Class 4 – a copy of the previously approved recertification construction documents and a copy of the construction documents for alteration of the building. A copy of the previously approved recertification construction documents will not need to be submitted to the DRA if the same DRA will be used for review and approval as previously and it has been less than 5 years since the last recertification of the building. For alterations to be evaluated in accordance with Chapter 12 of the IEBC, the documentation shall include the summary sheet from Table 1201.7 of the IEBC and complete documentation to show how each value was determined. The construction documents for the alteration of the building shall reference the alteration approval number of, and the DRA responsible for review and approval of, the previously approved recertification documents.

(4) Emergency Repairs. The industrialized builder shall submit documents as necessary to recertify the building in accordance with the recertification class of the building within the next working business day with the following exceptions.

(A) The builder shall have 10 working days to submit the as built construction documentation for the entire building where required by the recertification class.

(B) The builder shall have 10 working days to submit a structural analysis where required by the recertification class.

(c) The DRA shall review the submitted documents for compliance with the current mandatory building codes referenced in Department rules 70.100 and 70.101 as specified in rule 70.102. The entire building shall comply with the mandatory building codes or building code amendments if the cost of the alteration is at least 50% of the value of the modules or modular components used in the construction of the building. The modified or altered portion of the building shall comply with the mandatory building codes or building code amendments if the cost of the alteration is less than 50% of the value of the modules or modular components. Buildings or units to be recertified but not altered shall comply with the mandatory building codes or be brought into compliance with the mandatory building codes.

(d) Recertification or alteration construction documents shall be reviewed and approved to the mandatory building codes referenced in Department rules 70.100 and 70.101 as specified in rule 70.102. If the building has not been previously occupied or used for its intended purpose, then the construction shall comply with the provisions of the mandatory building codes referenced in Department rules 70.100 and 70.101 for new construction.

(A) Recertification classes 1 and 4 – construction depicted on documents submitted for review and approval shall comply with the International Existing Building Code as amended in Department rule 70.101.

(B) Recertification class 2 and 3 – as built construction and alteration construction depicted on documents submitted for review and approval shall comply with the with the provisions of the International Existing Building Code as amended in Department rule 70.101.

(e) Documents submitted to the DRA shall include all information pertinent to assuring compliance with the mandatory building codes including structural, thermal, and electrical load calculations. The review and approval of recertification or alteration construction documents shall comply with the requirements of Department rule 70.70(a)(2) through (4) and (6) through (8) with the following exceptions.

(1) The DRA will signify approval of a document by the application of the council’s stamp of approval for altered or recertified buildings.

Council Stamp of Approval for Altered or Recertified Buildings

 

(2) The DRA shall complete the following information on the “Recertification Transmittal Form,” form #TDLR 069ihb, and forward a completed copy of the form to the Department. A copy of all documents pertinent to a project shall be supplied to the Department upon request.

(A) The DRA’s name and registration number and a contact name, phone number, and email address (email address is optional).

(B) Check if compliance was evaluated in accordance with Chapter 12 of the IEBC.

(C) Check the type of approval. Check all that apply.

(i) ‘Construction documents for alterations as approved will assure compliance of entire building with the current mandatory building codes or building code amendments (cost of alterations >= 50% value of building)’ – If new alterations are planned, or emergency repairs have been made, and the cost of the alterations or repairs are greater than or equal to 50% of the value of the building, then check this option. Approved construction documents shall assure that the entire industrialized building shall comply with the requirements of the current mandatory building codes or building code amendments.

(ii) ‘Construction documents for alterations as approved will assure compliance of the altered portions of the building with the current mandatory building codes or building code amendments (cost of alteration < 50% of value of building)’ – If new alterations are planned, or emergency repairs have been made, and the cost of the alterations or repairs is less than 50% of the value of the building, then check this option. Approved construction documents shall assure that the alterations of the industrialized building shall comply with the requirements of the current mandatory building codes or building code amendments.

(iii) ‘Recertification – Construction documents as approved will bring building into compliance for recertification of building’ – If the building is being recertified and construction is required to bring the building into compliance with the mandatory building code, then check this option. Approved construction documents shall assure that building is brought into compliance with the mandatory building code. If additional alterations are also planned, then also check either options (i) or (ii) above.

(iv) ‘Recertification – As built construction documents approved, no construction required to bring building into compliance with mandatory building codes’ – If the building is being recertified and construction is not required to bring the building into compliance with the mandatory building codes, then check this option. Approved as built construction documents shall assure compliance of the building with the mandatory building codes. If additional alterations are also planned, then also check either options (i) or (ii) above.

(D) Enter the approval date of the construction documents.

(E) Assign and enter the recertification/alteration identification number for this approval. This number shall be used by the Department to request a copy from the DRA of all documents pertinent to the recertification or alteration of the building or unit.

(F) Check the applicable box if the occupancy group, type of construction, permissible gas type, maximum wind speed and exposure, maximum snow (roof) load, seismic design category, or special conditions or limitations will change from that indicated on the original data plate and enter the changes. Check not applicable if there are no changes.

(G) Check the requirements for system testing.

(H) Have the appropriate plan reviewers sign off for each type of plan review required for review and approval of construction documents.

(3) One completed copy of the “Recertification Transmittal Form,” form #TDLR 069ihb, and one approved copy of all alteration or recertification construction documents shall be forwarded to the industrialized builder.

ORDERING ALTERATION DECALS

(a) The industrialized builder shall order an alteration decal from the Department for each modular unit that will be altered. The order shall be on a form supplied by the Department and shall include the following information.

(1) The name and registration number of the industrialized builder.

(2) The name, phone number, and email address (email address is optional) of the builder’s representative.

(3) The name and registration number of the third party inspection agency responsible for the alteration inspections for this project. The decals will be mailed to the address on file for the third party inspection agency unless the builder asks for the decals to be mailed directly to the third party inspector responsible for the performance of the inspection. Once selected, the industrialized builder may not change the third party inspection agency for a project without the written approval of the Department.

(4) The name, registration number, phone number, and email address (email address is optional) of the third party inspector if the decals are to be released directly to the third party inspector responsible for the performance of the alteration inspections. The decals will only be mailed to the address on file for that third party inspector.

(5) The name and registration number of the manufacturer, the Texas decal number, and the serial number assigned by the manufacturer for each unit for which an alteration decal is needed.

(b) The form will be forwarded to the Department with the fee for the decals. Alteration decals will not be issued if verification of original Texas decal number and manufacturer’s serial number cannot be found in TDLR’s decal databases, if records indicate that the decal was lost, destroyed, or confiscated, or if records show that unit was not inspected during construction in the manufacturing facility.

CONSTRUCTION REQUIREMENTS

(a) Except in the case of emergency repairs, the industrialized builder shall not begin construction for the recertification or alteration of the industrialized building prior to the approval of the recertification or alteration construction documents by the DRA. Construction shall be performed only by persons licensed to perform this work. For example, construction involving the plumbing systems may only be performed by a person licensed by the State of Texas to perform plumbing.

(b) Emergency repairs. Emergency repairs that do not qualify as ordinary repairs may be performed prior to the approval of the recertification or alteration construction documents. Emergency repairs found not to be in compliance with the mandatory building codes shall be corrected immediately and inspected in accordance with these procedures.

INSPECTIONS

(a) After selection the industrialized builder shall not change the third party inspection agency responsible for the alteration inspections for a project or building without the prior written approval of the Department.

(b) A copy of all documents pertinent to the recertification or alteration of the project or building shall be available for the inspector’s use during the inspection. A copy of the mandatory building codes referenced on the approved recertification or alteration construction documents shall be available for the inspector’s use during the inspection.

(c) The industrialized builder shall schedule an inspection to verify construction to the as built construction documents where no construction is required to bring the building into compliance and no additional alterations are planned. The inspector shall begin the inspection by verifying that the units to be inspected are those depicted in the documents and shall verify the original decal and serial number of each unit to be recertified. The inspection shall be terminated and the alteration decals returned to the Department if inspection reveals that the units are not in compliance with the documents or if inspection reveals that the units are not those identified by serial number and decal number in the documents.

(d) A rough-in inspection shall be scheduled by the industrialized builder while the construction is still open to inspection. The inspector shall begin the inspection by verifying that the units to be inspected are those depicted in the original approved construction documents, the as built construction documents, or previously approved recertification construction documents and shall verify the original decal and serial number of each unit to be recertified or altered. The inspection shall be terminated and the alteration decals returned to the Department if inspection reveals that the units are not in compliance with these documents or if inspection reveals that the units are not those identified by serial number and decal number in the approved construction documents.

(e) A final inspection shall be scheduled by the industrialized builder after construction is completed.

(f) Inspection of system testing shall be scheduled by the industrialized builder as necessary to assure that tests are witnessed by the third party inspector. System tests should be scheduled to coincide with the rough-in or final inspection wherever possible.

(g) The builder shall schedule a reinspection with the third party inspector wherever a deviation from the approved construction documents is identified that cannot be corrected during the rough-in or final inspection.

(h) Upon successful completion of all inspections and system testing, the third party inspector shall affix the alteration decals. Alteration decals shall be affixed to the units as indicated on the cover page of the approved recertification or alteration construction documents.

(i) Upon successful completion of all inspections and system testing, the third party inspector shall affix the alteration data plate as indicated on the cover page of the approved recertification or alteration construction documents.

(j) The third party inspector(s) shall prepare a recertification or alteration inspection report on the form and in the format required by the Department and the Texas Industrialized Building Code Council.

(k) A copy of the inspection report shall be provided to the industrialized builder. A copy of the inspection report shall be provided to the Department upon request.

RECORD KEEPING REQUIREMENTS

(a) The industrialized builder shall maintain all records pertinent to the recertification or alteration until the unit is transferred to another industrialized builder. A complete set of all records pertinent to the recertification or alteration shall be transferred with the units. A copy of these records shall be made available to the Department upon request. Records pertinent to the alteration shall include, but are not limited to, the following:

(1) how the value of the building was determined;

(2) the cost estimate to complete the alterations and the actual cost to complete the alterations;

(3) original Texas decal number and serial number of each unit altered;

(4) alteration decal number assigned to each unit;

(5) a copy of all approved documents, including, where applicable, documents to show compliance with chapter 12 of the IEBC;

(6) a copy of the alteration data plate for each building recertified or altered;

(7) recertification or alteration inspection reports; and

(8) a copy of the completed recertification transmittal sheet for each project.

(b) Third Party Inspection Agency – The TPIA shall maintain copies of all documents pertinent to the alteration inspections for a minimum of 5 years from the date of successful completion of the recertification or alteration construction and inspections.

(c) Design Review Agency – The DRA shall maintain copies of all documents pertinent to the recertification or alteration review and approval, including the “Recertification Transmittal Form,” for a minimum of 5 years from the date of approval of the recertification or alteration plans and specifications. These records shall include, where applicable, documents showing compliance with the requirements of Chapter 12 of the IEBC.