SECTION 70.74. Responsibilities of the Registrants--Alterations

(a) The manufacturer shall not alter construction of the industrialized house or building from the approved design package. Industrialized builders or installation permit holders shall not alter construction performed at the installation from the approved on-site construction documentation except in accordance with this section or §70.73(j). Alterations of industrialized housing or buildings shall be as specified in this section.

(b) An alteration of an industrialized house or building prior to, or during installation, that results in a structure that does not comply with the mandatory building codes is prohibited. An alteration after installation of an industrialized building that is designed to be moved from one commercial site to another commercial site that does not comply with the mandatory building codes is prohibited. Alterations after installation of industrialized housing or permanent industrialized buildings shall be in accordance with the requirements of the local building code authorities.

(c) Ordinary repairs and work exempt from permit requirements as specified in the mandatory building codes referenced in §70.100 and §70.101 shall not be considered alterations. Ordinary repairs shall include the removal and replacement of the covering of existing materials, elements, equipment, or fixtures using like or the same new materials, elements, equipment, or fixtures that serve the same purpose.

(d) Alteration decals are used to recertify industrialized buildings designed to be moved from one commercial site to another commercial site. Each decal is assigned to a specific module or modular component. The control of the decals shall remain with the department. The department will issue alteration decals to the third party inspection agency responsible for the inspections of the alterations upon application and payment of the fee for the decal by the industrialized builder or alteration permit holder. By affixing the decal the industrialized builder or alteration permit holder and third party inspection agency certify that the module has been altered and inspected in accordance with the mandatory building codes and this section. The third party inspector shall not affix the decal to any module where inspection reveals that the building does not comply with the approved recertification or alteration construction documents or the mandatory building codes.

(e) Alterations of industrialized housing and permanent industrialized buildings.

(1) Prior to, or during, installation outside the jurisdiction of a municipality. The industrialized builder, or installation permit holder, shall submit the original approved construction documents for the house or building, as reference, along with a complete set of construction documents describing a proposed alteration to a design review agency for approval prior to construction in accordance with the procedures established by the council. The design review agency responsible for review and approval of alteration construction documents for a project, industrialized house, or permanent industrialized building may not be changed without the written approval of the department. Alterations on the house or building shall not begin prior to approval of the construction documents and shall be performed only by persons licensed to perform this work. Inspections of alterations shall be performed by a third party inspector in accordance with procedures established by the council. The third party inspection agency responsible for inspections for a project may not be changed without the written approval of the department.

(A) An alteration data plate shall be affixed to any house or building where the alteration results in a reclassification of the occupancy group or construction type, a change in the permissible type of gas required for appliances, or a change in the wind speed and exposure, maximum snow (roof) load, seismic design criteria, or special conditions or limitations. The data plate shall contain such information as specified in subsection (g).

(B) All records pertinent to the alteration, including a copy of the alteration data plate, shall be retained by the industrialized builder or installation permit holder for a minimum of 10 years from the date of successful completion of the final inspection and be made available to the department upon request.

(C) All records pertinent to the review and approval of the alteration construction documents shall be retained by the DRA for a minimum of 5 years from the date of approval and shall be made available to the department upon request.

(D) All records pertinent to the alteration inspections shall be retained by the TPIA for a minimum of 5 years from the completion of the alteration construction and inspections and shall be made available to the department upon request.

(2) Prior to installation within the jurisdiction of a municipality. Alterations prior to installation within a jurisdiction shall be in accordance with paragraph (1).

(3) During, or after, installation within the jurisdiction of a municipality. Approval of plans and inspection of alterations shall be in accordance with the permitting and inspection procedures of the municipality.

(f) Recertification of industrialized buildings designed to be moved from one commercial site to another commercial site. An industrialized building that has been certified by application of a Texas decal in accordance with §70.77 and that is designed to be moved from one commercial site to another commercial site may be recertified in accordance with this section. A copy of the data plate on each building to be recertified shall be submitted to the DRA responsible for the plan review and approval of recertification and alteration documents. Repairs, other than ordinary repairs as defined by the mandatory building codes, shall be considered alterations. The industrialized builder or alteration permit holder shall purchase an alteration decal from the department to affix to each module that is recertified or altered. The alteration decal shall be released only to the third party inspection agency responsible for the alteration inspections.

(1) Recertification class 1: original approved construction documents exist and the building has not been previously altered. The industrialized builder or alteration permit holder shall:

(A) submit a copy of the original approved construction documents for the building to the design review agency for reference purposes;

(B) submit a copy of the construction documents for alteration of the building to the design review agency for review and approval in accordance with the requirements established by the council and subsection (f)(6). The construction documents shall include the serial number assigned by the manufacturer and the Texas decal number or insignia number of each module or modular component;

(C) not begin construction of the alteration of the building prior to the approval of the construction documents by the design review agency. Construction shall be performed only by persons licensed to perform this work; and

(D) have the construction inspected by a third-party inspector in accordance with the procedures established by the council and subsection (f)(7). A minimum of one rough in inspection and a final inspection of the alteration construction shall be required.

(2) Recertification class 2: original approved construction documents do not exist. The industrialized builder or alteration permit holder shall:

(A) have a structural analysis of the existing building made by an engineer licensed to practice in Texas to determine the adequacy of the structural systems in accordance with Chapter 16 of the current edition of the International Building Code adopted in §70.100. The industrialized builder or alteration permit holder shall submit a copy of this analysis and a set of plans depicting the as built construction of the building to the design review agency for review and approval in accordance with the requirements established by the council and with subsection (f)(6). These documents shall include the serial number assigned by the manufacturer and the Texas decal or insignia number of each module or modular component contained in the building;

(B) bring into compliance those areas of the building identified by the structural analysis and the design review agency as not in compliance with the mandatory building code. The industrialized builder or alteration permit holder shall submit construction documents to bring the building into compliance to the design review agency for review and approval in accordance with the requirements established by the council and with subsection (f)(6);

(C) have the building inspected by a third party inspector in accordance with the procedures established by the council and subsection (f)(7) to verify that the building complies with the approved as built construction documents;

(D) not begin construction to bring the building into compliance, or to alter the building, prior to approval of the construction documents. The construction shall be performed only by persons licensed to perform this work; and

(E) have the construction to bring the building into compliance, and to alter the building, inspected by a third-party inspector in accordance with the procedures established by the council and subsection (f)(7). A minimum of one rough in inspection and a final inspection of the construction shall be required.

(3) Recertification class 3: original approved construction documents exist, but the building has been altered from those plans and the building has not been recertified in accordance with other paragraphs in this section. The industrialized builder or alteration permit holder shall:

(A) submit a copy of the original approved construction documents for the building to the design review agency for reference;

(B) submit a copy of construction documents that depict the alterations or repairs to the building to the DRA for review and approval in accordance with the requirements established by the council and with subsection (f)(6). Where structural elements have been altered, a structural analysis of the existing building made by an engineer licensed to practice in Texas to determine the adequacy of the structural systems in accordance with Chapter 16 of the current edition of the International Building Code adopted in §70.100 shall also be submitted. The construction documents shall include the serial number assigned by the manufacturer and the Texas decal or insignia number of each module or modular component contained in the building;

(C) bring into compliance those areas of the building identified by the structural analysis or the design review agency as not in compliance with the mandatory building codes. The industrialized builder or alteration permit holder shall submit construction documents to bring the building into compliance to the design review agency for review and approval in accordance with the requirements established by the council and with subsection (f)(6);

(D) have the building inspected by a third party inspector in accordance with the procedures established by the council and subsection (f)(7) to verify that the building complies with the approved as built construction documents;

(E) not begin construction to bring the building into compliance, or to alter the building, prior to approval of the construction documents. The construction shall be performed only by persons licensed to perform this work; and

(F) have the construction to bring the building into compliance, and to alter the building, inspected by a third-party inspector in accordance with the procedures established by the council and subsection (f)(7). A minimum of one rough in inspection and a final inspection of the construction shall be required.

(4) Recertification class 4: buildings that are to be altered again after recertification. The industrialized builder or alteration permit holder shall:

(A) submit a copy of all previous recertification construction documents, including original and as built construction documents where applicable, to the design review agency in accordance with the requirements established by the council and subsection (f)(6);

(B) include the alteration decal numbers from previous recertifications on the construction documents for altering the building; and

(C) comply with subsections (f)(1)(B) - (D).

(5) Emergency repairs. Equipment replacement and repairs, which do not qualify as ordinary repairs in accordance with the mandatory building codes, that must be performed in an emergency situation may be performed prior to recertification of the building. The industrialized builder or alteration permit holder shall submit documents as necessary to recertify the building in accordance with the requirements of subsections (f)(1) - (3) within the next working business day with the following exceptions.

(A) The industrialized builder or alteration permit holder shall have 10 working days to submit as built construction documents for the entire building where required by the recertification requirements of subsections (f)(1) - (4).

(B) The industrialized builder or alteration permit holder shall have 10 working days to submit a structural analysis performed by an engineer licensed to work in Texas where required by the recertification requirements of subsection (f)(1) - (4).

(6) The industrialized builder or alteration permit holder shall choose an approved DRA to perform the review and evaluation of all construction documents for the recertification of an industrialized building. The industrialized builder or alteration permit holder may choose a different DRA for different projects or buildings, but may not change DRAs for a project or building once the plan review has begun without prior written approval from the department.

(A) Construction documents submitted to the DRA shall include all information pertinent to assuring compliance with the mandatory building code and shall include structural, thermal, and electrical load calculations.

(B) As built construction documents shall be reviewed to determine the existence of any potential nonconformance with the provisions of the mandatory building codes. The review and approval of construction documents to recertify a building shall comply with the requirements of §70.70(a)(2) - (4) and (6) - (8) with the following exceptions.

(i) Based on the engineering analysis and the DRA's review of the as built construction documents, the DRA will prepare a report to the industrialized builder or alteration permit holder that describes the nonconformances of the building to be recertified.

(ii) The DRA will signify approval of a drawing, specification, calculation, or any other document submitted for review and approval by the application of the council's stamp of approval for altered or recertified buildings.

(iii) The design review agency shall complete a recertification transmittal form in accordance with the requirements of the council and forward a completed copy of the form to the department. A copy of all documents pertinent to the recertification of the building shall be supplied to the department upon request.

(iv) The design review agency shall forward a completed copy of the recertification transmittal form and one approved copy of the construction documents to the industrialized builder.

(v) The design review agency shall keep a copy on file of the original approved documents, the engineering analysis, and approved construction documents for recertification of the building for 5 years from the latest date of approval of the recertification or alteration construction documents.

(7) The third party inspector shall affix the alteration decal to each industrialized building module or modular component upon completion of the construction and successful completion of all required inspections in accordance with this section and the requirements of the council. Successful completion of all required inspections means that all construction has been completed, that all violations have been corrected, and that the construction has been found to be in compliance of the applicable mandatory building codes and the approved construction documents.

(A) The decal shall be affixed in the vicinity of the original decal or insignia on the module or modular component as depicted on the approved construction documents.

(B) The industrialized builder or alteration permit holder may not change the third party inspection agency for a project or building once started without prior written approval of the department.

(C) All plans pertinent to the alteration or recertification shall be available for use by the third party inspector during the inspection. A copy of the mandatory building codes shall be available for the inspector's use during the inspection.

(D) A rough-in inspection shall be scheduled by the industrialized builder or alteration permit holder while construction is still open to inspection. The inspector shall begin the inspection by verifying that the units to be inspected are those depicted in the original approved, the approved as built, or the previously approved recertification construction documents and shall verify the original decal and serial number of each unit to be inspected. The third party inspector may require the industrialized builder to uncover portions of the building as necessary to verify compliance.

(i) The inspection shall be terminated and the alteration decals returned to the department if inspection reveals that the units have been altered from the original approved, the approved as built, or the previously approved recertification construction documents.

(ii) The inspection shall be terminated and the alteration decals returned to the department if inspection reveals that the units are not those identified by serial number and decal number in the approved construction documents.

(E) A final inspection shall be scheduled by the industrialized builder or alteration permit holder after construction is completed.

(F) Inspection of system testing shall be scheduled by the industrialized builder or alteration permit holder as necessary to assure that tests required by the mandatory building code are witnessed by the third party inspector.

(G) The industrialized builder or alteration permit holder shall schedule a reinspection with the third party inspector wherever a deviation from the approved plans is identified that cannot be corrected and inspected during the rough-in or final inspection.

(H) The inspector shall complete a recertification inspection report on the forms and in the format required by the department and the council. A copy of the inspection report shall be provided to the industrialized builder or alteration permit holder for his records and submitted to the department upon request. The third party inspection agency shall maintain records of all recertification inspection reports for five years from the date of successful completion of inspections for a building or project.

(I) Only one inspection shall be required where a building is recertified in accordance with subsection (f)(2) or (f)(3) and no construction is required to bring the building into compliance or to complete alterations on the building.

(i) The third party inspector shall verify that the units to be inspected are those depicted in the approved construction documents and shall verify the original decal and serial number of each unit to be inspected.

(ii) The third party inspector may require the industrialized builder or alteration permit holder to uncover portions of the building as necessary to verify compliance.

(iii) The inspection shall be terminated, and the alteration decals returned to the department, if inspection reveals that the units have been altered from the approved construction documents.

(J) Only one inspection shall be required where emergency repairs are performed in accordance with subsection (f)(5) and where further construction is not required to bring the building into compliance with the mandatory building code.

(i) The inspector shall verify that the units to be inspected are those depicted in the approved construction documents and shall verify the original decal and serial number of each unit to be inspected.

(ii) The third party inspector may require the industrialized builder or alteration permit holder to uncover portions of the building as necessary to verify compliance.

(iii) The inspection shall be terminated, and the alteration decals returned to the department, if inspection reveals that the units have been altered from the approved construction documents.

(iv) The inspection shall be terminated and the alteration decals returned to the department if inspection reveals that the units are not those identified by serial number and decal number in the approved construction documents.

(8) An alteration data plate shall be attached to the altered building as required by subsection (g).

(9) The industrialized builder or alteration permit holder shall maintain all records pertinent to the recertification and make these records available to the department upon request. Records shall be maintained for as long as the building remains a part of the inventory for that industrialized builder or alteration permit holder.

(10) Buildings constructed on or after October 31, 2006 may not be recertified in accordance with subsections (f)(1) or (4) without prior written authorization from the department.

(g) A recertification or alteration data plate shall be placed by the third party inspector on each altered or recertified house or building as required by this section. The data plate shall be supplied by the industrialized builder or alteration permit holder.

(1) An alteration data plate shall be affixed to any building where the alteration or recertification results in a reclassification of the occupancy group or construction type, a change in the type of gas required for appliances, or a change in the wind speed and exposure, maximum snow (roof) load, seismic design criteria, or special conditions or limitations.

(2) A copy of the data plate shall be retained by the industrialized builder and be made available to the department upon request.

(3) An alteration data plate shall be made of a material that will not deteriorate over time and shall be permanently placed so that it cannot be removed without destruction.

(4) The data plate shall be placed adjacent to the original data plate in an easily accessible location as designated in the alteration plans, but shall not be located on any readily removable item such as a cabinet door or similar component. Location of the data plate on the cover of the electrical distribution panel is acceptable.

(5) An alteration data plate shall contain, as a minimum, the information required on a manufacturer's data plate as required by §70.71(d)(2) -(11) plus the following information:

(A) the name, address, and registration number assigned by the department of the industrialized builder, or the name, address, and alteration permit number assigned by the department of the owner of the building; and

(B) the Texas alteration decal numbers.

Source Note: The provisions of this §70.74 adopted to be effective April 13, 1990, 15 TexReg 1787; amended to be effective May 17, 2004, 29 TexReg 4867; amended to be effective May 1, 2005, 30 TexReg 2504; amended to be effective January 1, 2010, 34 TexReg 9409; amended to be effective May 1, 2014, 39 TexReg 3412