Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 70 - INDUSTRIALIZED HOUSING AND BUILDINGS › Section 70.70 - Responsibilities of the Registrants - Manufacturer's Design Package and REF Builder's Construction Documents

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Review and approval. The manufacturer's design package and the REF builder's
				construction documents must be reviewed and approved in accordance with the
				following.
(1) The manufacturer or REF
				builder shall select a council-approved design review agency (DRA) to perform
				all required review and evaluation of plans, designs, specifications,
				compliance control, and on-site construction documentation, etc. This selection
				shall be made in writing to the executive director and will state the name,
				address, and registration number of the design review agency
				selected.
(2) An approved DRA shall
				review all designs, plans, specifications, calculations, compliance control
				programs, on-site construction documentation or specifications, and other
				documents as necessary to assure compliance with the mandatory building codes
				in accordance with the interpretations, instructions, and determinations of the
				council.
(A) The reviews are to be performed
				or directly supervised by the DRA's certified plans reviewers for the
				discipline (electrical, plumbing, mechanical, structural, building planning, or
				fire safety) as listed and approved in the agency's organizational chart. A
				DRA's plans reviewers must be certified pursuant to the criteria established by
				the council as set forth in §70.22.
(B) The DRA will obtain from the manufacturer
				or REF builder all information necessary to assure that the manufacturer's
				designs and procedures are in compliance with the mandatory building codes and
				the sections in this chapter.
(3) All documents shall have pages numbered
				and arranged in accordance with a table of contents. The floor plans shall have
				no scale smaller than 1/8th inch equals one foot. All documents shall be
				identified to indicate the manufacturer's or REF builder's name and registered
				physical address.
(4) The DRA will
				signify approval of a drawing, specification, calculation, or any other
				document, including revisions and additions, in the manufacturer's design
				package and in the REF builder's construction documents by applying the
				council's stamp to each page.
(A) An
				alternate council stamp as approved by the council may be used on all designs,
				plans, specifications, calculations, and other documentation with the exception
				of the first or cover page and the table of contents or index pages of the
				design package.
(B) The original
				council stamp with original signature will be required on the first or cover
				page and the table of contents or index pages of the design package.
(C) The signature on the original council
				stamp must be the signature of the manager or chief executive officer of the
				DRA. The manager or chief executive officer of the DRA must be licensed in the
				State of Texas as a professional engineer or architect in accordance with the
				criteria for approval of DRA's established by the council.
(D) The stamp shall not be placed on any
				designs, plans, or specifications that do not meet the requirements of the
				applicable mandatory building codes or the requirements of these
				sections.
(E) The DRA shall forward
				a copy of all approved documents to the department within 5 days of approval
				and shall forward one approved copy to the manufacturer or the REF
				builder.
(F) The DRA shall keep
				copies of all approved documents for a minimum of 5 years from the date that
				these documents are superseded by adoption of later editions of the mandatory
				building codes and make a copy of these documents available to the department
				upon request.
(G) The manufacturer
				shall keep a copy of all approved documents for a minimum of ten years from the
				date the last unit constructed from the documents is shipped and make a copy of
				these documents available to the department upon request.
(H) The REF builder shall keep a copy of all
				approved construction documents for a minimum of 10 years from the date of
				completion of the units covered by the documents and make a copy of these
				documents available to the department upon request.
(I) The manufacturer or the REF builder shall
				make a copy of all approved documents available to the person performing
				inspections.
(5)
				Manufacturers and REF builders will be notified of the change in code editions
				180 days before the effective date of the change. Manufacturers or REF builders
				who wish to continue building to previously approved documents must resubmit
				these documents to their DRA for review and approval to the new code editions.
				Only documents that meet the new code editions may be approved. Approval of
				these documents will be evidenced by application of a new approval date and the
				council's stamp of approval to each document.
(A) All construction begun on or after
				effective date of adoption of the new code editions must comply with the new
				code editions and be constructed in accordance with design packages approved to
				the new code editions.
(B)
				Construction to plans approved to the old code editions begun prior to
				effective date of adoption of the new code editions, or prior to the
				manufacturer's effective transition date, must be completed, inspected by a
				Texas approved inspector, and labeled (TX decal must be attached to the unit)
				within 180 days of the adoption of the new code editions, or the unit shall not
				be eligible for a Texas decal.
(C)
				A manufacturer may transition from the current code edition to the new code
				edition as follows.
(i) The approval date on
				all documents in the manufacturer's design package will be on or after the
				effective date of adoption of the new edition of the codes in §70.100.
				Approvals dated before the effective date of adoption of the codes in
				§70.100 will no longer be valid for new construction by the
				manufacturer.
(ii) The manufacturer
				may transition approval of documents in his design package any time within the
				180 days prior to the effective date of the adoption of the new editions of the
				codes. The manufacturer must notify the department in writing of the effective
				date of transition. All documents approved on or after that date shall be to
				the new editions of the codes. All previously approved supporting
				documentation, such as compliance control manuals, system calculations, etc.,
				must be resubmitted to the DRA for review and approval to the new code editions
				and must be approved as of the effective date of transition specified by the
				manufacturer. Approvals dated before the transition date of adoption of the
				codes in §70.100 will no longer be valid for new construction by the
				manufacturer.
(6) A DRA may withdraw the approval of any
				document whenever the approval is later found to be in violation of code
				requirements or the rules and regulations in this chapter. Notice of the
				withdrawal of the approval shall be in writing and shall set forth the reasons
				for the withdrawal. Any withdrawal of approval shall have prospective effect
				only, except for life safety items.
(7) A DRA may not revise or correct documents
				submitted for review and approval by the manufacturer or REF builder except as
				provided in this subsection. DRAs may make red ink corrections to documents
				provided the corrections meet all of the following criteria:
(A) limited to corrections of minor
				deviations;
(B) the corrected items
				can be verified by reference to prescriptive code requirements;
(C) the change does not involve any change of
				design or require design;
(D) the
				red ink correction is valid for 10 working days and may not be extended;
				and
(E) the corrections must be
				numbered and initialed by the DRA and the statement, "As noted with (number)
				corrections" shall appear near the stamp of the council with the number of
				corrections entered.