SECTION 70.73. Responsibilities of the Registrants--Building Site Construction and Inspections

(a) Industrialized housing shall be installed on a permanent foundation system.

(b) The initial construction and inspection of a site-built REF at the 1st commercial site falls under the provisions of §70.79. Subsequent installation of REFs shall comply with this section.

(c) Responsibility for on-site construction. The industrialized builder or installation permit holder shall be responsible for assuring that the foundation and the installation of an industrialized house, building, or site-built REF complies with the manufacturer's or REF builder's on-site construction specifications or documentation that have been approved in accordance with §70.70, any unique on-site construction details, the engineered foundation design, and the mandatory building codes.

(1) The industrialized builder or installation permit holder is responsible for assuring that all sub-contractors are licensed as required by applicable state law.

(2) The industrialized builder is not responsible for construction performed by the installation permit holder as specified on the installation permit application submitted to the department. Construction not covered by the installation permit is the responsibility of the industrialized builder.

(3) The installation permit holder is responsible only for the construction specified on the installation permit application submitted to the department.

(d) For purposes of this chapter and Texas Occupations Code, Chapter 1202, a final inspection of on-site construction of industrialized housing and buildings is successful if it meets one of the following.

(1) Inside a municipality: All on-site construction has been completed to the satisfaction of the municipality's building inspection department and a record of final inspection was issued authorizing the release of the house or building for occupancy.

(2) Outside the jurisdiction of a municipality or within a municipality without a building inspection department: All inspections required in accordance with subsection (f) have been completed and a final on-site inspection report has been issued with no outstanding violations from any of these inspections. For purposes of this section, a violation is any of the following:

(A) on-site construction that does not meet the mandatory building codes;

(B) failure to correct damage to the factory-built portion of the house or building that was caused by on-site construction;

(C) on-site construction that does not follow the documents approved in accordance with §70.70, the engineered foundation system drawings, or unique on-site construction detail drawings; or

(D) on-site construction that is incomplete.

(e) Responsibility for inspections within jurisdiction of a municipality. When the building site is within a municipality that has a building inspection agency or department, the local building official will inspect all on-site construction done at the site and the attachment of the structure to the foundation to assure completion and attachment in accordance with the documents approved in accordance with §70.70, the foundation system drawings, any unique on-site construction detail drawings, and the mandatory building codes.

(1) A municipality that regulates the on-site construction or installation of industrialized housing or buildings may require and review, for compliance with the mandatory building codes, a complete set of plans and specifications, including the foundation system design and any unique on-site construction details.

(2) The industrialized builder or installation permit holder shall not permit occupation of, or release for occupation, the industrialized house or building unless approved by the municipality.

(3) The industrialized builder or installation permit holder is responsible for ensuring that all inspections are completed in accordance with procedures established by the municipality's building inspection department.

(f) Responsibility for inspections outside the jurisdiction of a municipality or within a municipality without a building inspection agency or department. When the building site is outside a municipality, or within a municipality that has no building department or agency, a council-approved inspector will perform the required inspections in accordance with this section and the inspection procedures established by the council to assure completion and attachment in accordance with the documents approved in accordance with §70.70, the mandatory building codes, the foundation system drawings, and any unique on-site construction detail drawings.

(1) Minimum inspection requirements are listed below. Re-inspections are required whenever deviations from the approved construction documents or mandatory building codes are noted. Inspections may occur concurrently. The industrialized builder or installation permit holder shall ensure that work is not concealed prior to the inspection.

(A) Inspections completed during installation shall be as required by the inspection requirements of Chapter 1 of the IBC, IMC, IPC, IFC, IFGC, IECC, IFC, and IRC as applicable.

(B) A set inspection shall be completed for each module set or for each modular component installed.

(C) Special inspections shall be completed as required per Chapter 17 of the IBC.

(D) A final inspection shall be made after all construction and all corrections are complete.

(2) For structures built in accordance with the IRC, the final inspection shall be completed within 180 days of the start of construction. For all other structures, the final inspection shall be completed within 365 days of the start of construction. The department may grant an extension upon receipt of a written request that demonstrates a justifiable cause.

(3) Site inspections are required for the first installation of all industrialized housing and permanent industrialized buildings. Exception: Site inspections are not required for the installation of equipment buildings or shelters where the structure is occupied only during installation and maintenance of the equipment housed in the structure, unless the structure is also classified as a hazardous occupancy by the mandatory building code.

(4) Site inspections are required for industrialized buildings that are designed to be moved from one commercial site to another commercial site if the buildings are used as a school or place of religious worship.

(5) The industrialized builder, or installation permit holder, is responsible for scheduling each phase of the inspection with the inspector or inspection agency and for ensuring that all inspections have been completed.

(A) The industrialized builder, or installation permit holder, may utilize a different inspector or inspection agency for different projects, but may not change the inspector or agency for a project once started without the written approval of the department.

(B) Special inspections required by the mandatory building codes shall be conducted by persons who are approved in accordance with Council procedures and meet the qualification requirements outlined in Chapter 17 of the IBC or as required by applicable State laws. Persons or agencies that perform special inspections may not be changed once the inspection has begun without approval from the department.

(6) The inspector shall give the industrialized builder or installation permit holder a copy of the site inspection report upon completion of each inspection including re-inspections. Violations shall be documented in accordance with the Council approved inspection procedures. The industrialized builder or installation permit holder is responsible for ensuring that all violations are corrected.

(7) The industrialized builder, or installation permit holder, shall not permit occupancy, or release the house or building for occupation, until a successful final inspection has been completed. A final on-site inspection report shall be issued showing no outstanding violations prior to occupation, or release for occupation, of the house or building. Exception: Occupancy of the house or building may be permitted and approved with outstanding items provided that the items are not in violation of the mandatory building codes.

(A) The industrialized builder or installation permit holder shall maintain a copy of the on-site inspection reports in accordance with the requirements of §70.50 and make a copy of all on-site inspection reports available to the department upon request. The reports shall include a list of all violations and corrective action in accordance with the inspection procedures approved by the council.

(B) The industrialized builder shall give a copy of the on-site inspection reports to the owner of the building upon request.

(C) The industrialized builder shall give a copy of the department's final on-site inspection report to the owner of the industrialized house at one of the following events:

(i) the closing of the purchase of the house; or

(ii) no later than 15 days after the successful final inspection of on-site construction is complete. A copy of the other on-site inspection reports shall be given to the owner if requested.

(g) Destructive disassembly shall not be performed at the site in order to conduct tests or inspections on the modules or modular components completed in the plant and certified by the decal or insignia attached by the manufacturer, nor shall there be imposed standards or test criteria different from those required by the approved installation instructions, on-site construction documentation, and the applicable mandatory building code. Nondestructive disassembly may be performed only to the extent of opening access panels and cover plates.

(h) Foundation system designs. A licensed professional engineer (or architect for one and two family dwellings or buildings having one story and total floor area of 5,000 square feet or less) shall design and seal the foundation systems for each industrialized house or building. Review by a DRA is not needed or required. A municipality that regulates the on-site construction or installation of industrialized housing or buildings may review the foundation system design for compliance with the mandatory building code. Foundation system designs shall comply with the mandatory building code referenced in §70.100 and §70.101 and shall contain complete details for the construction and attachment of the house or building on the foundation, including, but not limited to the following:

(1) address or area for which the foundation is suitable;

(2) minimum load specifications, including wind loads, seismic design loads, soil bearing capacity, and if the foundation is designed for expansive soils;

(3) site preparation details;

(4) material specifications;

(5) requirements for corrosion resistance, protection against decay, and termite resistance;

(6) size, configuration, and depth below grade of all footings, piers, and slabs including, but not limited to, details of concrete reinforcement, spacing of footings and piers, capping of piers, and mortar or concrete fill requirements for piers;

(7) fastening requirements, including, but not limited to, size, spacing, and corrosion resistance;

(8) requirements for surface drainage; and

(9) details for enclosure of the crawl space, including details for ventilation and access.

(i) Ground anchors. The use of ground anchors in the installation of industrialized housing is not permitted. The use of ground anchors in the installation of industrialized buildings is allowed if deemed appropriate by a municipality or other political subdivision. The foundation design shall be prepared by a licensed professional engineer and shall contain complete details for the construction and attachment of the building on the foundation, including, but not limited to the following:

(1) address or area for which the foundation is suitable, including a soil investigative report prepared by a qualified engineer or a description of the soil type for which the anchoring system is suitable;

(2) minimum load specifications, including wind loads, seismic design loads, soil bearing capacity, and if the foundation is designed for expansive soils;

(3) site preparation details;

(4) material specifications;

(5) requirements for corrosion resistance, protection against decay, and termite resistance;

(6) size, configuration, and depth below grade of all footings and piers including spacing of footings and piers;

(7) specification and installation requirements for the tie-down anchoring system, including specifications for corrosion resistance for the ground anchors and associated tie-down system;

(8) requirements for surface drainage; and

(9) details for enclosure of the crawl space, including details for ventilation and access.

(j) Unique on-site construction details. Unique on-site construction details as defined by §70.10(a) shall be designed and sealed by a licensed Texas professional engineer (or architect for one and two family dwellings or buildings having one story and total floor area of 5,000 square feet or less) and review by a DRA is not needed or required. The unique on-site construction details shall comply with the mandatory building codes referenced in §70.100 and §70.101. A municipality that regulates the on-site construction or installation of industrialized housing or buildings may require and review the unique on-site details for compliance with the mandatory building code.

Source Note: The provisions of this §70.73 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 August 1, 1996, 21 TexReg 6619; amended to be effective June 13, 2001, 26 TexReg 4092; 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, 34 TexReg 9409; amended to be effective May 1, 2014, 39 TexReg 3412; amended to beeffective November 1, 2015, 40 TexReg 5146; amended to be effective March 15, 2020, 45 TexReg 1674