Texas Administrative Code › Title 16 - ECONOMIC REGULATION › Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION › Chapter 70 - INDUSTRIALIZED HOUSING AND BUILDINGS › Section 70.10 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) The following words and terms, when used
				in this chapter, shall have the following meanings, unless the context clearly
				indicates otherwise.
(1) 100%
				inspection--Inspection of each module or modular component at each and every
				stage of construction including, but not limited to, framing, mechanical,
				plumbing, electrical, energy compliance systems, and system testing.
(2) Alteration--Any construction, other than
				ordinary repairs of the house or building, to an existing industrialized house
				or building after affixing of the decal by the manufacturer or REF builder.
				Industrialized housing or buildings that have not been maintained shall be
				considered altered.
(3) Alteration
				decal--The approved form of certification issued by the department to an
				industrialized builder to be permanently affixed to an industrialized building
				module indicating that alterations have been constructed to meet or exceed the
				code requirements and in compliance with this chapter.
(4) Building site--A lot, the entire tract,
				subdivision, or parcel of land on which industrialized housing or buildings are
				sited.
(5) Building system--The
				design and/or method of assembly of modules or modular components represented
				in the plans, specifications, and other documentation which may include
				structural, electrical, mechanical, plumbing, fire protection, and other
				systems affecting health and safety.
(6) Chapter 1202--Texas Occupations Code,
				Chapter 1202, Industrialized Housing and Buildings.
(7) Closed construction--That condition where
				any industrialized housing or building, modular component, or portion thereof
				is manufactured in such a manner that all portions cannot be readily inspected
				at the site without disassembly or destruction thereof.
(8) Commercial structure--An industrialized
				building classified by the mandatory building codes for occupancy and use
				groups other than residential for one or more families.
(9) Compliance Control Program--The
				manufacturer's system, documentation, and methods of assuring that
				industrialized housing, buildings, and modular components, including their
				manufacture, storage, handling, and transportation conform with Chapter 1202
				and this chapter.
(10) Construction
				Documents--The aggregate of all plans, specifications, calculations, and other
				documentation required to be submitted to the design review agency for
				compliance review to the mandatory building code.
(11) Component--A sub-assembly, subsystem, or
				combination of elements for use as a part of a building system or part of a
				modular component that is not structurally independent, but may be part of
				structural, plumbing, mechanical, electrical, fire protection, or other systems
				affecting life safety.
(12)
				Decal--The approved form of certification issued by the department to the
				manufacturer or REF builder to be permanently affixed to the module or to a
				site-built REF indicating that it has been constructed to meet or exceed the
				code requirements and in compliance with this chapter.
(13) Design package--The aggregate of all
				plans, designs, specifications, and documentation required by these sections to
				be submitted by the manufacturer to the design review agency, or required by
				the design review agency for compliance review, including the compliance
				control manual and the on-site construction documentation. Unique or site
				specific foundation drawings and special on-site construction details prepared
				for specific projects are not a part of the design package.
(14) Design review agency--An approved
				organization, private or public, determined by the council to be qualified by
				reason of facilities, personnel, experience, demonstrated reliability to review
				designs, plans, specifications, and building systems documentation, and to
				certify compliance to these sections evidenced by affixing the council's
				stamp.
(15) Final on-site
				inspection report--A report issued by a council-approved inspector, or a record
				of final inspection issued by a municipal building inspection department,
				indicating that the inspection of the on-site construction was successful in
				accordance with §70.73.
(16)
				IAS--International Accreditation Service.
(17) ICC--International Code Council,
				Inc.
(18) ICC ES--International
				Code Council Evaluation Services.
(19) Industrialized builder--A person who is
				engaged in the assembly, connection, and on-site construction and erection of
				modules or modular components at the building site or who is engaged in the
				purchase of industrialized housing or buildings modules or modular components
				for sale or lease to the public. An industrialized builder also includes a
				person who assembles and installs site-built REFs that are moved from the
				initial construction site.
(20)
				Insignia--The approved form of certification issued by the department to the
				manufacturer to be permanently affixed to the modular component indicating that
				it has been constructed to meet or exceed the code requirements and in
				compliance with the sections in this chapter.
(21) Installation--On-site construction of
				industrialized housing or buildings. (see definition of on-site
				construction).
(22) Lease, or offer
				to lease--A contract or other instrument by which a person grants to another
				the right to possess and use industrialized housing or buildings for a
				specified period of time in exchange for payment of a stipulated
				price.
(23) Local building
				official--The agency or department of a municipality or other local political
				subdivision with authority to make inspections and to enforce the laws,
				ordinances, and regulations applicable to the construction, alteration, or
				repair of residential and commercial structures.
(24) Manufacturer--A person who constructs or
				assembles modules or modular components at a manufacturing facility which are
				offered for sale or lease, sold or leased, or otherwise used.
(25) Manufacturing facility--The place other
				than the building site, at which machinery, equipment, and other capital goods
				are assembled and operated for the purpose of making, fabricating,
				constructing, forming, or assembly of industrialized housing, buildings,
				modules, or modular components.
(26) Model--A specific design of an
				industrialized house, building, or modular component which is based on size,
				room arrangement, method of construction, location, arrangement, or size of
				plumbing, mechanical, or electrical equipment and systems therein in accordance
				with an approved design package.
(27) Module--A three dimensional section of
				industrialized housing or buildings, designed and approved to be transported as
				a single section independent of other sections, to a site for on-site
				construction with or without other modules or modular components.
(28) Modular building--Industrialized housing
				and buildings as defined in Texas Occupations Code §
										RSA
				1202.002 and §
										RSA
				1202.003, and any relocatable, educational
				facility as defined in §1202.004, regardless of the location of
				construction of the facility.
(29)
				NFPA--National Fire Protection Association.
(30) Non site-specific building--An
				industrialized house or building for which the permanent site location is
				unknown at the time of construction.
(31) On-site construction--Preparation of the
				site, foundation construction, assembly and connection of the modules or
				modular components, affixing the structure to the permanent foundation,
				connecting the structures together, completing all site-related construction in
				accordance with designs, plans, specifications, and on-site construction
				documentation.
(32) Open
				construction--That condition where any house, building, or portion thereof is
				constructed in such a manner that all parts or processes of manufacture can be
				readily inspected at the building site without disassembly, damage to, or
				destruction thereof.
(33) Permanent
				foundation system--A foundation system for industrialized housing or buildings
				designed to meet the applicable building code as set forth in
				§§70.100, 70.101, and 70.102.
(34) Permanent industrialized building--An
				industrialized building that is not designed to be transported from one
				commercial site to another commercial site.
(35) Permit, Alteration--A registration
				issued by the department to a person who is responsible for the alteration
				construction of industrialized housing, buildings or site-built REFs and who is
				not also registered as an industrialized builder.
(36) Permit, Commercial Installation--A
				registration issued by the department to a person who purchases an
				industrialized building for the person's own use and who assumes responsibility
				for the installation of the industrialized building.
(37) Permit, Residential Installation--A
				registration issued by the department to a person who purchases an
				industrialized house for the person's own use and who assumes responsibility
				for all or part of the construction relating to the installation of the
				industrialized house.
(38)
				Person--An individual, partnership, company, corporation, association, or any
				other legal entity, however organized.
(39) Public--The people of the state as a
				whole to include individuals, companies, corporations, associations or other
				groups, however organized, and governmental agencies.
(40) REF, Site-built--A relocatable
				educational facility (REF) as defined by Texas Occupations Code §
										RSA
				1202.004 that is constructed at the first
				installation site by an REF builder.
(41) REF Builder--A person who constructs
				REFs at the first installation site. A person who assembles REFs constructed in
				a manufacturing facility is not an REF builder.
(42) Registrant--A person who, or which, is
				registered with the department pursuant to the rules of this chapter as a
				manufacturer, a REF builder, an industrialized builder, a design review agency,
				a third party inspection agency, a third party inspector, a third party site
				inspector, or a permit holder.
(43)
				Residential structure--Industrialized housing designed for occupancy and use as
				a residence by one or more families.
(44) Sale, sell, offer to sell, or offer for
				sale--Includes any contract of sale or other instrument of transfer of
				ownership of property, or solicitation to offer to sell or otherwise transfer
				ownership of property.
(45) Site or
				building site--A lot, the entire tract, subdivision, or parcel of land on which
				industrialized housing or buildings are sited.
(46) Special conditions and/or
				limitations--On-site construction documentation which alerts the local building
				official of items, such as placement of the building on the property or the
				requirements for roof ventilation, which may need to be verified by the local
				building official for conformance to the mandatory building codes.
(47) Structure--An industrialized house or
				building that results from the complete assemblage of the modules or modular
				components designed to be used together to form a completed unit.
(48) Third party inspection agency (TPIA)--An
				approved person or entity determined by the council to be qualified by reason
				of facilities, personnel, experience, demonstrated reliability, and
				independence of judgment to inspect industrialized housing, building,
				site-built REFs, and portions thereof for compliance with the approved plans,
				documentation, compliance control program, and applicable codes.
(49) Third party inspector (TPI)--An approved
				person determined by the council to be qualified by reason of experience,
				demonstrated reliability, and independence of judgment to inspect
				industrialized housing, buildings, site-built REFs, and portions thereof for
				compliance with the approved plans, documentation, compliance control program,
				and applicable code. A third party inspector works under the direction of a
				third party inspection agency or TPIA.
(50) Third party site inspector (TPSI)--An
				approved person determined by the council to be qualified by reason of
				experience, demonstrated reliability, and independence of judgment to inspect
				construction of REFs or the foundation and installation of industrialized
				housing, buildings, and portions thereof for compliance with the approved plans
				or engineered plans and the applicable code.
(51) Unique on-site construction
				details--Construction details that are not part of, or that differ from, the
				manufacturer's approved on-site construction details or REF builder's approved
				construction plans. Unique on-site construction details include additions that
				may affect the code compliance of the house or building such as car ports,
				garages, porches, decks, and stairs.