Texas Administrative Code (Last Updated: March 27,2024) |
TITLE 16. ECONOMIC REGULATION |
PART 4. TEXAS DEPARTMENT OF LICENSING AND REGULATION |
CHAPTER 70. INDUSTRIALIZED HOUSING AND BUILDINGS |
SECTION 70.50. Reporting Requirements for IHB Registrants
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(a) The manufacturer shall submit a monthly report to the department, of all industrialized housing, buildings, modules, and modular components that were constructed and to which decals and insignia were attached during the month. (1) The report shall be filed in a format required by the department by no later than the 10th day of the following month. (2) The manufacturer shall keep a copy of the monthly report on file for a minimum of five years. (3) Any corrections to reports previously filed shall clearly indicate the corrections to be made and the month and date of the report that is being corrected. (4) The report shall contain: (A) the serial or identification number of the units; (B) the decal or insignia number attached to each identified unit; (C) the name and registration number of the industrialized builder (as assigned by the department), or the installation permit number (as assigned by the department) of the person, to whom the units were sold, consigned, and shipped. The requirements contained in §70.20(3) shall apply when an installation permit is reported in lieu of the registration number of an industrialized builder; (D) the date the decal or insignia was attached to the unit; (E) an identification of the use of the structure for which the units are designed. For example, will the complete structure be used as a single family residence, a classroom or school, a duplex, a church, a restaurant, an equipment shelter, a bank building, a hazardous storage building, etc. Modular building, kiosk and similar terms are not to be used to describe the use of the completed building; (F) any other information the department may require; and (G) an indication of zero units if there was no activity for the reporting month. (5) A manufacturer that takes possession of units that have not been installed, but that were previously reported as shipped, shall report the disposition of those units on the manufacturer's monthly report. (b) Each industrialized builder responsible for any portion of the on-site construction in accordance with §70.73 shall keep records of all industrialized housing, buildings, modules, and modular components that were sold, leased, or installed. The records shall be kept for a minimum of 10 years from the date of the final on-site inspection report and made available to the department upon request. These records shall include the following: (1) Decal or insignia number and corresponding serial number from the manufacturer of each module or modular component installed; (2) Documents showing compliance with §70.75; (3) The address where each module or modular component was installed; (4) Date the on-site construction began at the installation site; (5) The occupancy use of each building containing modules or modular components. Examples of the occupancy use of each building include, but are not limited to, the following: portable classroom buildings; school buildings; restaurants; bank buildings; equipment shelters; single-family residences; duplexes; apartment buildings; dormitories; and hazardous storage buildings; (6) A copy of the site-specific foundation drawings; (7) A copy of any unique on-site construction detail drawings; (8) A copy of the on-site inspection reports. (9) The date of the successful on-site inspection in accordance with §70.73(d); (10) The name and registration number of the industrialized builder responsible for any on-site construction not completed by the first industrialized builder. (11) A copy of the installation permit of the permit holder responsible for any on-site construction not completed by the industrialized builder; and (12) Records as necessary to demonstrate compliance with requirements of the mandatory building codes and the rules governing the installation of industrialized housing and buildings. These records may include the following: (A) material documentation reports; (B) test reports; (C) documents showing the use of licensed sub-contractors in accordance with applicable state laws; or (D) other records that demonstrate mandatory building code compliance. (c) Each industrialized builder who is not responsible for any portion of the on-site construction in accordance with §70.73 shall keep records of all industrialized housing, buildings, modules, and modular components that were sold or leased and make a copy of the records available to the department upon request. The records shall be kept for a minimum of 5 years from the date of sale or lease of each industrialized house, building, module, or modular component. These records shall include the following. (1) Decal or insignia number and the corresponding serial number from the manufacturer of each module or modular component sold or leased; (2) Documents showing compliance with §70.75. (3) The address where the modules or modular components were shipped. (4) Either of the following: (A) the name and registration number of the industrialized builder who received the modules or modular components; or (B) a copy of the installation permit of the permit holder who received the modules or modular components. (5) Documentation showing the sale, lease or transfer of the industrialized housing, buildings, modules or modular components to another industrialized builder or to an installation permit holder. (d) The department may conduct an audit of any of the records identified in subsections (b) and (c) to verify compliance with this chapter and Texas Occupations Code, Chapter 1202. The industrialized builder shall provide the information and records requested by the audit within the time frame set by the audit. (e) Each REF builder shall keep records of all REFs constructed for a minimum of 10 years and provide a copy of these records to the department upon request. At a minimum the records shall include copies of the approved construction documents, inspection reports, and construction address for each REF. (f) An installation permit holder shall keep a copy of the foundation plans and other construction plans and, for units installed outside the jurisdiction of a municipality, the site inspection report in accordance with §70.73 for a period of ten years from the date of successful completion of the final inspection of the industrialized house or building. A copy of these records shall be provided to the department upon request. Source Note: The provisions of this §70.50 adopted to be effective April 13, 1990, 15 TexReg 1787; amended to be effective July 13, 1990, 15 TexReg 3741; amended to be effective August 1, 1996, 21 TexReg 6619; amended to be effective March 16, 1998, 23 TexReg 1305; amended to be effective September 13, 1999, 24 TexReg 7224; amended to be effective June 13, 2001, 26 TexReg 4092; amended to be effective August 14, 2002, 27 TexReg 7103; amended to be effective May 17, 2004, 29 TexReg 4867; amended to be effective October 3, 2004, 29 TexReg 9182; amended to be effective June 1, 2006, 31 TexReg 4420; amended to be effective January 1, 2010, 34TexReg 9409; amended to be effective May 1, 2014, 39 TexReg 3412; amended to be effective November 1, 2015, 40 TexReg 5146