SECTION 70.25. Permits

(a) General.

(1) A person who engages in the assembly, connection, and on-site construction and erection of modules or modular components at the building site for persons other than themselves, or who purchases industrialized housing or buildings, or modular components, for sale or lease to the public, may not file for a permit.

(2) The application shall be submitted on a form supplied by the department and shall contain such information as may be required by the department. A person who applies for a permit certifies at the time of application that all construction shall be in compliance with the mandatory building codes, the approved and/or engineered plans and department rules, and shall be inspected in accordance with the inspection procedures established by the council.

(3) Subcontractors of a person holding a permit are not required to be registered as industrialized builders. Subcontractors or persons responsible for the electrical, plumbing, and HVAC construction shall be licensed as required by the applicable state statutes.

(4) The application shall be accompanied by the fee set forth in §70.80.

(5) An installation permit or alteration permit shall not be issued for a structure that is taller than 75 feet in height.

(b) Installation Permit--Residential.

(1) A person who purchases an industrialized house or residential modular component from an industrialized builder for the person's own use and who is responsible for some aspect of the construction related to the installation of the house may file for a residential installation permit in lieu of registering as an industrialized builder.

(2) A person who purchases an industrialized house or residential modular component from a manufacturer for the person's own use and who is responsible for all of the construction related to the installation of the house may file for a residential installation permit in lieu of registering as an industrialized builder.

(3) A separate application shall be submitted for each building that contains industrialized housing or residential modular components.

(4) The installation permit application shall identify all construction to be completed by the permit holder. Any construction completed by the permit holder on the installation site that affects the code compliance of the industrialized house shall be identified on the installation permit application. Construction may include, but is not limited to, grading of the property to assure code compliant drainage, completion of the plumbing systems, completion of the electrical systems, completion of the HVAC system, addition of porches, steps, decks, and railings, and addition of an attached garage or carport.

(5) The installation permit shall be posted at the installation site.

(c) Installation Permit--Commercial.

(1) A person who purchases an industrialized building or modular component for the person's own use and who is responsible for construction related to the installation of the building may file for a commercial installation permit in lieu of registering as an industrialized builder.

(2) A separate application shall be submitted for each building that contains industrialized building modules or modular components.

(3) The installation permit shall be posted at the installation site for all buildings that are required to have site inspections in accordance with §70.73.

(d) Alteration Permit.

(1) A person who is not registered as an industrialized builder, who will alter the construction of industrialized housing or buildings for the person's own use, and who is responsible for the alteration construction of the house or building may file for an alteration permit in lieu of registering as an industrialized builder.

(A) Alteration permits are required for alterations of portable industrialized buildings.

(B) Alteration permits are required for alterations of industrialized housing or permanent industrialized buildings during installation outside the jurisdiction of a municipality. Alterations of industrialized housing or permanent industrialized buildings after installation do not fall under the jurisdiction of the department.

(C) Alteration permits are not required for alterations of industrialized housing or permanent industrialized buildings during installation inside the jurisdiction of a municipality.

(2) A separate application shall be submitted for each project address.

(3) The alteration permit shall be posted at the site where the construction will be performed.

Source Note: The provisions of this §70.25 adopted to be effective January 1, 2010, 34 TexReg 9409; amended to be effective May 1, 2014, 39 TexReg 3412; amended to be effective March 15, 2020, 45 TexReg 1674