Alabama Administrative Code › Title 535 - ALABAMA MANUFACTURED HOUSING COMMISSION › Chapter 535-X-11 - REGULATIONS FOR MANUFACTURED BUILDINGS › Section 535-X-11-.05 - Certification Procedure And Requirements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All manufactured buildings and components
					of manufactured buildings manufactured subsequent to the effective date of
					these rules and regulations adopted by the Commission and sold or offered for
					sale within the State of Alabama must bear an insignia of compliance issued by
					the department.
(2) All
					manufactured buildings bearing an insignia of compliance issued by the
					department shall be deemed to comply with the requirements of all ordinances or
					regulations enacted by any local government which are applicable to the
					manufacture of such buildings.
(3)
					No manufactured building for which an insignia is issued shall be in any way
					modified prior to or during installation unless approval is first obtained from
					the Commission.
(4) All
					manufactured buildings arriving at the site of installation in a damaged
					condition shall be reinspected in the field by the original inspecting agency,
					or the Commission may delegate an agency to perform the reinspection to
					validate the original insignia.
(5)
					Manufactured buildings shall be inspected at the manufacturing site on
					scheduled appointments and unscheduled appointments to review any and all
					procedures of the manufacture of manufactured buildings.
(6) All out-of-state manufactured buildings
					sold and to be installed in the State of Alabama not bearing an accepted
					insignia shall be required to obtain Commission approval of such manufactured
					buildings.
(7) Installation permits
					may be issued by the local government subject to approval by the
					Commission.
(8) When inspections at
					the site of installation or manufacture reveal it necessary to substantiate any
					structural design or method of construction, calculations and supporting data
					tests shall be performed by testing agencies acceptable to the department, and
					such tests shall be directed, witnessed, and evaluated by designated personnel
					of the Commission or the personnel of a testing agency approved by the
					Commission.
(9) Where there is
					evidence that in-plant inspections in out-of-state plants are not being
					performed in accordance with these rules, the Commission reserves the right to
					make out-of-state inspections or cancel the use of the authorized insignia
					issued by the Commission.
(10) In
					the event that any unit bearing the insignia of compliance is found to be in
					violation of the rules and requirements of the Commission prior to complete
					installation, the Commission shall red tag such unit which will prohibit the
					sale or shipment of the unit. The Commission shall furnish the owner or
					purchaser or his agent with a written statement of such violation. The owner,
					purchaser, or his agent may request a reinspection after corrective action has
					taken place to ensure such action has brought such manufactured building into
					compliance with the requirements of the department. The reinspection fee shall
					be paid by the manufacturer.
(11)
					Should inspection reveal that a manufacturer is not manufacturing manufactured
					buildings according to approved plans as submitted to the Commission, insignia
					previously issued shall be void and confiscated. Upon proof of compliance, said
					manufacturer may resubmit an application for acceptance.
(12) A final design plan approval shall be
					obtained from the Commission for each model of manufactured building and each
					component thereof which is subject to these rules and regulations.
(13) Design plan filing fees shall accompany
					the plans before such plans will be considered for approval.
(14) No design plan filing fees shall be
					refunded to the applicant once the process of approval has begun.
(15) Design plan approvals shall expire 12
					months from the date of Commission approval. The responsibility of design plan
					renewal application rests with the manufacturer. A design plan renewal shall be
					made only for a plan identical to the one which had prior approval by the
					Commission.
(16) Approved copies
					and specifications of the design plan shall be returned to the manufacturer and
					shall be available for inspection use at each place of manufacture.
(17) Manufactured/modular building
					manufacturers shall use a third party inspection agency that has been approved
					by the Commission to verify that the construction of each unit is in compliance
					with the plans approved by the Commission. The "approved inspection agency"
					must affix their inspection label to the electrical panel door of each unit
					shipped. The inspection agency may obtain an annual certification application
					from the Commission. The certification shall be valid from October 1 until
					September 30 of each year.
(18) The
					manufacturer shall establish quality control procedures which he shall
					institute and carry out in his manufacturing facilities. These procedures shall
					be in a documented manual form and shall accompany design plan application for
					approval to the Commission. The Commission shall have the authority to review,
					approve, or reject any quality control program or procedures.
(19) When a manufacturer propounds to change,
					alter, or modify plans already approved by the Commission on any manufactured
					building or components thereof, he shall be required to submit to the
					Commission three sets of supplemental detailed design plans and specification
					data of such changes as he proposes. Fees for a modification plan shall
					accompany the application.
(20) A
					change in model name, name designation, or number designation may be changed if
					the manufacturer files a name or model name change application stating that no
					changes or modification in design plans are affected. There will be no filing
					fee for these changes.
(21) When
					there is a change of ownership or a controlling interest in ownership of a
					manufacturing business in manufactured buildings or components thereof, the new
					owner shall notify the Commission of such change within ten days after such
					change has taken place. To eliminate a new plan application and filing fees,
					the new owner must submit a statement in written form and notarized by a notary
					public that he will continue to manufacture in accordance with previously
					approved plans and Quality Control Manual procedures.
(22) When there is a change in the name or
					address of any manufacturer, the manufacturer shall notify the Commission
					within ten days after the change has occurred.
(23) When the amendment of these rules and
					regulations requires changes to an approved plan design, the Commission shall
					notify the manufacturer of such changes and shall allow the manufacturer ninety
					days from the date of such notification, or such additional time as the
					Commission shall deem reasonable, in which to submit revised plans to meet the
					requirements of any such amendment or amendments.
(24) The provisions of these rules are not
					intended to prevent the use of any material or method of construction not
					specifically prescribed by these rules, provided any such alternate has been
					approved by the Commission. The Commission shall approve any such alternate,
					provided it finds that the alternate for the purpose intended is at least the
					equivalent of that prescribed in these rules in quality, strength,
					effectiveness, fire resistance, durability, and safety. The Commission shall
					require that sufficient evidence or proof be submitted to substantiate any
					claim made regarding the alternate.
(25) All material submitted to the Commission
					by a manufacturer shall become property of the Commission upon
					receipt.
(26) If the manufacturer
					plans to produce at more than one location, the design plan approval will be
					processed by the Commission for each such location. The requirements for
					multiple manufacture will be the same as the single design plan for
					certification.
(27) All
					manufactured buildings and components shall bear a Commission insignia prior to
					leaving the manufacturing site unless otherwise authorized by the Commission.
					Each insignia shall be assigned and affixed to the inside face of the
					electrical panel door, located in the interior of the manufactured building
					unit. When there is an absence of an electrical panel, the insignia shall be
					placed on the inside of the entrance door or in close proximity
					thereof.
(28) Manufactured
					buildings and components that are manufactured within the state to be sold
					outside the state must have an out-of-state decal.
(29) Assigned insignia are not transferable
					and are void when not affixed as assigned.
(30) The control of the insignia shall always
					remain with the Commission and may be revoked by the Commission in the event
					the manufacturer is found in violation of the conditions of
					certification.
(31) Each
					manufacturer shall assign each manufactured building unit a manufacturer's
					serial number, and the insignia issued by the Commission shall have the
					coinciding or matching serial number.
(32) All manufactured buildings and each
					component thereof shall have attached thereto a data plate evidencing the
					specifications and load limitations of such unit. Each data plate shall consist
					of roof live load, snow load, wind load, and seismic zone.
(33) All manufacturers must file a shipping
					report for each unit of manufactured building sold. This report must include a
					description of the unit and its destination. The report must be mailed to the
					Commission three days prior to shipment.
Author:
Jim Sloan
Statutory Authority:
Code of Ala.
							1975
, §§
										24-4A-3,
							24-6-4.