SECTION 70.20. Registration of Manufacturers, REF builders, and Industrialized Builders

Manufacturers, REF builders, and industrialized builders shall not engage in any business activity relating to the construction or location of industrialized housing or buildings without being registered with the department.

(1) An application for registration shall be submitted on a form supplied by the department, and shall contain such information as may be required by the department. The application shall be signed by the owner of a sole proprietorship, the managing partner of a partnership, or an officer of a corporation. The application must be accompanied by the fee set forth in §70.80.

(2) A manufacturer may not construct for Texas until the facility has been certified in accordance with §70.60.

(3) Application requirements for REF builders are as follows.

(A) An REF builder shall certify at the time of registration that the construction and foundation of all REF's built under this registration shall be constructed in accordance with the approved construction documents, the mandatory building codes, the engineered plans, and department rules and shall be inspected in accordance with §70.79 and the inspection procedures established by the council.

(B) Subcontractors or persons responsible for the electrical, plumbing, and HVAC construction required to complete the construction shall be licensed as required by the applicable state statutes and are not required to be registered as REF builders.

(4) Application requirements for industrialized builders are as follows.

(A) The industrialized builder shall certify at the time of registration that the alteration, foundation and installation of all units installed under this registration shall be constructed in accordance with the mandatory building codes, the engineered plans, and department rules, and shall be inspected in accordance with §70.73 and §70.74, and the inspection procedures established by the council.

(B) Subcontractors or persons responsible for the electrical, plumbing, and HVAC construction required to complete the installation or alteration shall be licensed as required by the applicable state statutes and are not required to be registered as industrialized builders.

(5) A person who purchases an industrialized house or building, or modular component, for his/her own use and who assumes responsibility for all or part of the construction relating to the installation or alteration of the industrialized house or building may file for a permit in lieu of registering as an industrialized builder in accordance with §70.25.

(6) The registration of a manufacturer a REF builder or industrialized builder shall be valid for 12 months and must be renewed annually.

(A) Each separate manufacturing facility must be registered; a manufacturing facility is separate if it is not on property that is contiguous to a registered manufacturing facility.

(B) A REF builder must register their main office location but is not required to register each job location.

(C) An industrialized builder must register each separate sales office but is not required to register each job location.

(7) A registered manufacturer, a REF builder, or an industrialized builder shall notify the department in writing within 10 days if:

(A) the corporate or firm name is changed;

(B) the main address of the registrant is changed;

(C) there is a change in 25% or more of the ownership interest of the company within a 12-month period. A change in ownership will require a new registration if the new owners do not accept responsibility for units constructed under the previous owners;

(D) the location of any manufacturing facility is changed;

(E) a new manufacturing facility is established;

(F) there are changes in principal officers of the firm;

(G) an industrialized builder transfers or sells a module or modular component to another industrialized builder; or

(H) an industrialized manufacturer takes possession of units previously reported as shipped to an industrialized builder.

(8) An application for original registration or renewal may be rejected if any information contained on, or submitted with, the application is incorrect or incomplete. The certificate of registration may be revoked or suspended or a penalty or fine may be imposed for any violation of Chapter 1202, the rules and regulations in this chapter or administrative orders of the department, or the instructions and determinations of the council in accordance with §70.90.

Source Note: The provisions of this §70.20 adopted to be effective April 13, 1990, 15 TexReg 1787; amended to be effective July 13, 1990, 15 TexReg 3741; amended to be effective April 9, 1991, 16 TexReg 1817; amended to be effective November 16, 1993, 18 TexReg 7925; amended to be effective March 16, 1998, 23 TexReg 1305; amended to be effective June 13, 2001, 26 TexReg 4092; amended to be effective December 1, 2003, 28 TexReg 10458; amended to be effective May 17, 2004, 29 TexReg 4867; amended to be effective June 1, 2006, 31 TexReg 4420; amended to be effective January 1, 2010, 34 TexReg 9409