North Dakota Administrative Code › Title 108 - Department of Commerce › Article 108-02 - Third-Party Inspections Program › Chapter 108-02-01 - Third-Party Inspections Program › Section 108-02-01-07 - Definitions

Current through Supplement No. 393, July, 2024
For purposes of this chapter:
1. "Act" means the laws of the participating
				state governing industrialized modular construction as amended and supplemented
				by the enabling legislation of the interstate compact on industrialized modular
				buildings.
2. "Approved" means
				approved by the industrialized buildings commission, a participating state, or
				a designated evaluation inspection agency.
3. "Building component" means any subsystem,
				subassembly, or other system of closed construction designed for use in or as
				part of a structure, which may include structural, electrical, mechanical,
				plumbing, and fire protection systems and other systems affecting health and
				safety.
4. "Building system" means
				the method of constructing a type of industrialized modular building or
				building component described by plans, specifications, and other documentation
				which together establish a set of limits meeting the building codes, standards,
				and other requirements of these regulations for that type of industrialized
				modular building or building component, which may include structural,
				electrical, mechanical, plumbing, and fire protection systems and other systems
				affecting health and safety.
5.
				"Certification" means the process by which participating states and local
				building inspection agencies are assured that elements of closed construction,
				not practical to inspect at the building site, conform to the building
				codes.
6. "Certification label"
				means an approved insignia or seal evidencing certification in accordance with
				the uniform administrative procedures.
7. "Closed construction" means any building,
				building component, assembly, or system manufactured in such a manner that
				concealed parts or processes of manufacture cannot be inspected at the building
				site without disassembly, damage, or destruction. The definition shall not
				include products, such as structural, electrical, and plumbing fixtures and
				equipment which are tested, listed, labeled, and certified by a nationally
				recognized testing laboratory.
8.
				"Code" means the codes, standards, specifications, and requirements adopted
				pursuant to section 108-02-01-08.
9. "Commission" means the industrialized
				buildings commission.
10.
				"Compliance assurance documents" means approved building system documents, an
				approved compliance assurance manual, and approved onsite installation
				instructions.
11. "Compliance
				assurance program" means the policies and procedures which assure that
				industrialized modular buildings and building components, including their
				manufacture, storage, delivery, assembly, handling, and installation, conform
				with these model rules and regulations and the uniform administrative
				procedures.
12. "Designated" means
				selected by the commission to perform one or more of the inspection or
				evaluation, or both, functions described under the uniform administrative
				procedures.
13. "Evaluation agency"
				means a designated person or organization, private or public, determined by the
				commission to be qualified by reason of facilities, personnel, experience, and
				demonstrated reliability and independence of judgment, to investigate and
				evaluate industrialized modular buildings, building components, building
				systems, or compliance assurance programs.
14. "Factory" means an individual or entity
				that manufactures two or more residential or commercial industrialized modular
				buildings per year. Residential industrialized modular buildings manufactured
				by high schools, vocational technical centers, and colleges or universities as
				part of a bona fide educational program are excluded. A manufacturer that does
				not meet this definition must provide a yearly certification to the division of
				community services that is exempt from this definition. Any industrialized
				modular building that is excluded from the modular residential and commercial
				structure third-party inspection program is subject to inspection from state or
				local enforcement agencies.
15.
				"Independence of judgment" means not being affiliated with or influenced or
				controlled by building manufacturers or by producers, suppliers, or vendors of
				products or equipment used in industrialized modular buildings and building
				components, in any manner which is likely to affect capacity to render reports
				and findings objectively and without bias.
16. "Industrialized modular building" means
				any building of closed construction, i.e., constructed in such a manner that
				concealed parts or processes of manufacture cannot be inspected at the site,
				without disassembly, damage, or destruction, and which is made or assembled in
				manufacturing facilities, off the building site, for installation, or assembly
				and installation, on the building site. Industrialized modular building
				includes modular housing which is factory-built single-family and multifamily
				housing, including closed-wall panelized housing, and other modular,
				nonresidential buildings. Industrialized modular building does not include any
				structure subject to the requirements of the National Manufactured Home
				Construction and Safety Standards Act of 1974.
17. "Inspection agency" means a designated
				person or organization, private or public, who is determined by the commission
				to be qualified by reason of facilities, personnel, experience, and
				demonstrated reliability and independence of judgment, to monitor compliance
				assurance programs.
18.
				"Installation" means the process of affixing, or assembling and affixing,
				industrialized modular buildings or building components on the building
				site.
19. "Interim reciprocal
				agreement" means a formal reciprocity agreement as defined in the enabling
				legislation of the interstate compact on industrialized modular
				buildings.
20. "Local enforcement
				agency" means the agency or agencies of the participating states or local
				government with authority to inspect buildings and enforce the law, ordinances,
				and regulations which establish standards and requirements applicable to the
				construction, installation, alteration, repair, or relocation of buildings.
21. "Modular residential or
				commercial structure" means an industrialized modular building.
22. "Module" means a closed-wall structure or
				substantial part of a closed-wall structure incorporating one or more rooms
				used as habitable, occupiable, or mechanical or equipment space.
23. "Nonconformance" means the failure to
				adhere to the requirements of an approved building system or, where the
				building system is not specific, to the code.
24. "Participating state" means any
				compacting state or any noncompacting state acting under the purview of an
				interim reciprocal agreement.
General Authority:
NDCC 54-21.3-07
Law Implemented:
NDCC
					 54-21.3-07