SECTION 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.

Source Note: The provisions of this §70.23 adopted to be effective April 13, 1990, 15 TexReg 1787; amended to be effective March 16, 1998, 23 TexReg 1305; amended to be effective December 20, 2000, 25 TexReg 12385; amended to be effective March 28, 2002, 27 TexReg 2223; amended to be effective December 1, 2003, 28 TexReg 10458; amended to be effective January 1, 2010, 34 TexReg 9409; amended to be effective March 15, 2020, 45 TexReg 1674