SECTION 70.10. Definitions

(a) The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) 100% inspection--Inspection of each module or modular component at each and every stage of construction including, but not limited to, framing, mechanical, plumbing, electrical, energy compliance systems, and system testing.

(2) Alteration--Any construction, other than ordinary repairs of the house or building, to an existing industrialized house or building after affixing of the decal by the manufacturer or REF builder. Industrialized housing or buildings that have not been maintained shall be considered altered.

(3) Alteration decal--The approved form of certification issued by the department to an industrialized builder to be permanently affixed to an industrialized building module indicating that alterations have been constructed to meet or exceed the code requirements and in compliance with this chapter.

(4) Building site--A lot, the entire tract, subdivision, or parcel of land on which industrialized housing or buildings are sited.

(5) Building system--The design and/or method of assembly of modules or modular components represented in the plans, specifications, and other documentation which may include structural, electrical, mechanical, plumbing, fire protection, and other systems affecting health and safety.

(6) Chapter 1202--Texas Occupations Code, Chapter 1202, Industrialized Housing and Buildings.

(7) Closed construction--That condition where any industrialized housing or building, modular component, or portion thereof is manufactured in such a manner that all portions cannot be readily inspected at the site without disassembly or destruction thereof.

(8) Commercial structure--An industrialized building classified by the mandatory building codes for occupancy and use groups other than residential for one or more families.

(9) Compliance Control Program--The manufacturer's system, documentation, and methods of assuring that industrialized housing, buildings, and modular components, including their manufacture, storage, handling, and transportation conform with Chapter 1202 and this chapter.

(10) Construction Documents--The aggregate of all plans, specifications, calculations, and other documentation required to be submitted to the design review agency for compliance review to the mandatory building code.

(11) Component--A sub-assembly, subsystem, or combination of elements for use as a part of a building system or part of a modular component that is not structurally independent, but may be part of structural, plumbing, mechanical, electrical, fire protection, or other systems affecting life safety.

(12) Decal--The approved form of certification issued by the department to the manufacturer or REF builder to be permanently affixed to the module or to a site-built REF indicating that it has been constructed to meet or exceed the code requirements and in compliance with this chapter.

(13) Design package--The aggregate of all plans, designs, specifications, and documentation required by these sections to be submitted by the manufacturer to the design review agency, or required by the design review agency for compliance review, including the compliance control manual and the on-site construction documentation. Unique or site specific foundation drawings and special on-site construction details prepared for specific projects are not a part of the design package.

(14) Design review agency--An approved organization, private or public, determined by the council to be qualified by reason of facilities, personnel, experience, demonstrated reliability to review designs, plans, specifications, and building systems documentation, and to certify compliance to these sections evidenced by affixing the council's stamp.

(15) Final on-site inspection report--A report issued by a council-approved inspector, or a record of final inspection issued by a municipal building inspection department, indicating that the inspection of the on-site construction was successful in accordance with §70.73.

(16) IAS--International Accreditation Service.

(17) ICC--International Code Council, Inc.

(18) ICC ES--International Code Council Evaluation Services.

(19) Industrialized builder--A person who is engaged in the assembly, connection, and on-site construction and erection of modules or modular components at the building site or who is engaged in the purchase of industrialized housing or buildings modules or modular components for sale or lease to the public. An industrialized builder also includes a person who assembles and installs site-built REFs that are moved from the initial construction site.

(20) Insignia--The approved form of certification issued by the department to the manufacturer to be permanently affixed to the modular component indicating that it has been constructed to meet or exceed the code requirements and in compliance with the sections in this chapter.

(21) Installation--On-site construction of industrialized housing or buildings. (see definition of on-site construction).

(22) Lease, or offer to lease--A contract or other instrument by which a person grants to another the right to possess and use industrialized housing or buildings for a specified period of time in exchange for payment of a stipulated price.

(23) Local building official--The agency or department of a municipality or other local political subdivision with authority to make inspections and to enforce the laws, ordinances, and regulations applicable to the construction, alteration, or repair of residential and commercial structures.

(24) Manufacturer--A person who constructs or assembles modules or modular components at a manufacturing facility which are offered for sale or lease, sold or leased, or otherwise used.

(25) Manufacturing facility--The place other than the building site, at which machinery, equipment, and other capital goods are assembled and operated for the purpose of making, fabricating, constructing, forming, or assembly of industrialized housing, buildings, modules, or modular components.

(26) Model--A specific design of an industrialized house, building, or modular component which is based on size, room arrangement, method of construction, location, arrangement, or size of plumbing, mechanical, or electrical equipment and systems therein in accordance with an approved design package.

(27) Module--A three dimensional section of industrialized housing or buildings, designed and approved to be transported as a single section independent of other sections, to a site for on-site construction with or without other modules or modular components.

(28) Modular building--Industrialized housing and buildings as defined in Texas Occupations Code §1202.002 and §1202.003, and any relocatable, educational facility as defined in §1202.004, regardless of the location of construction of the facility.

(29) NFPA--National Fire Protection Association.

(30) Non site-specific building--An industrialized house or building for which the permanent site location is unknown at the time of construction.

(31) On-site construction--Preparation of the site, foundation construction, assembly and connection of the modules or modular components, affixing the structure to the permanent foundation, connecting the structures together, completing all site-related construction in accordance with designs, plans, specifications, and on-site construction documentation.

(32) Open construction--That condition where any house, building, or portion thereof is constructed in such a manner that all parts or processes of manufacture can be readily inspected at the building site without disassembly, damage to, or destruction thereof.

(33) Permanent foundation system--A foundation system for industrialized housing or buildings designed to meet the applicable building code as set forth in §§70.100, 70.101, and 70.102.

(34) Permanent industrialized building--An industrialized building that is not designed to be transported from one commercial site to another commercial site.

(35) Permit, Alteration--A registration issued by the department to a person who is responsible for the alteration construction of industrialized housing, buildings or site-built REFs and who is not also registered as an industrialized builder.

(36) Permit, Commercial Installation--A registration issued by the department to a person who purchases an industrialized building for the person's own use and who assumes responsibility for the installation of the industrialized building.

(37) Permit, Residential Installation--A registration issued by the department to a person who purchases an industrialized house for the person's own use and who assumes responsibility for all or part of the construction relating to the installation of the industrialized house.

(38) Person--An individual, partnership, company, corporation, association, or any other legal entity, however organized.

(39) Public--The people of the state as a whole to include individuals, companies, corporations, associations or other groups, however organized, and governmental agencies.

(40) REF, Site-built--A relocatable educational facility (REF) as defined by Texas Occupations Code §1202.004 that is constructed at the first installation site by an REF builder.

(41) REF Builder--A person who constructs REFs at the first installation site. A person who assembles REFs constructed in a manufacturing facility is not an REF builder.

(42) Registrant--A person who, or which, is registered with the department pursuant to the rules of this chapter as a manufacturer, a REF builder, an industrialized builder, a design review agency, a third party inspection agency, a third party inspector, a third party site inspector, or a permit holder.

(43) Residential structure--Industrialized housing designed for occupancy and use as a residence by one or more families.

(44) Sale, sell, offer to sell, or offer for sale--Includes any contract of sale or other instrument of transfer of ownership of property, or solicitation to offer to sell or otherwise transfer ownership of property.

(45) Site or building site--A lot, the entire tract, subdivision, or parcel of land on which industrialized housing or buildings are sited.

(46) Special conditions and/or limitations--On-site construction documentation which alerts the local building official of items, such as placement of the building on the property or the requirements for roof ventilation, which may need to be verified by the local building official for conformance to the mandatory building codes.

(47) Structure--An industrialized house or building that results from the complete assemblage of the modules or modular components designed to be used together to form a completed unit.

(48) Third party inspection agency (TPIA)--An approved person or entity determined by the council to be qualified by reason of facilities, personnel, experience, demonstrated reliability, and independence of judgment to inspect industrialized housing, building, site-built REFs, and portions thereof for compliance with the approved plans, documentation, compliance control program, and applicable codes.

(49) Third party inspector (TPI)--An approved person determined by the council to be qualified by reason of experience, demonstrated reliability, and independence of judgment to inspect industrialized housing, buildings, site-built REFs, and portions thereof for compliance with the approved plans, documentation, compliance control program, and applicable code. A third party inspector works under the direction of a third party inspection agency or TPIA.

(50) Third party site inspector (TPSI)--An approved person determined by the council to be qualified by reason of experience, demonstrated reliability, and independence of judgment to inspect construction of REFs or the foundation and installation of industrialized housing, buildings, and portions thereof for compliance with the approved plans or engineered plans and the applicable code.

(51) Unique on-site construction details--Construction details that are not part of, or that differ from, the manufacturer's approved on-site construction details or REF builder's approved construction plans. Unique on-site construction details include additions that may affect the code compliance of the house or building such as car ports, garages, porches, decks, and stairs.

(b) Other definitions may be set forth in the text of the sections in this chapter. For purposes of these sections, the singular means the plural, and the plural means the singular.

(c) Where terms are not defined in this section or in other sections in this chapter and are defined in the mandatory building codes as referenced in §70.100, such terms shall have the meanings ascribed to them in these codes unless the context as the term is used clearly indicates otherwise. Where terms are not defined in this section or other sections in this title or in the mandatory building codes, such terms shall have ordinarily accepted meanings as the context implies.

Source Note: The provisions of this §70.10 adopted to be effective April 13, 1990, 15 TexReg 1787; amended to be effective July 13, 1990, 15 TexReg 3741; amended to be effective November 16, 1993, 18 TexReg 7925; amended to be effective December 6, 1994, 19 TexReg 9295; amended to be effective December 20, 2000, 25 TexReg 12385; amended to be effective May 17, 2004, 29 TexReg 4867; amended to be effective October 3, 2004, 29 TexReg 9182; amended to be effective May 1, 2005, 30 TexReg 2504; amended to be effective June 1, 2006, 31 TexReg 4420; amended to be effective May 1, 2008, 33 TexReg 3409; amended to be effective January 1, 2010, 34 TexReg 9409; amended to beeffective May 1, 2014, 39 TexReg 3412; amended to be effective November 1, 2015, 40 TexReg 5146