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RULE §80.36Retailer's Rebuilding Responsibilities and Requirements

(a) Any home that is salvaged as defined in §1201.461 of the Standards Act, may be rebuilt/repaired for purposes of issuance of a manufactured Statement of Ownership at the option of the Department after inspection in accordance with Department procedures. Notification in writing to the Department at its Austin headquarters shall be required before rebuilding/repair begins.

(b) The retailer must:

  (1) notify the Department in writing ten (10) business days before rebuilding (or monthly for continuous activity) and provide the following, if available:

    (A) HUD or Texas Seal number;

    (B) data plate and comfort cooling certificate information (applicable wind and roof load zones, manufacturer's name and address, home model, list of appliance models, home production date, thermal zones, transmission coefficients, furnace certification temperatures, and duct capacity for cooling);

    (C) copy of salvage declaration report if salvaged by an insurance company;

    (D) description of damage;

    (E) description of cause of damage (water, wind, impact, fire, etc.); and

    (F) location of home during rebuilding.

  (2) provide a plan for rebuilding, sealed by a licensed professional engineer, that contains the following:

    (A) drawings and specifications that describe the rebuilding;

    (B) if more than one home is rebuilt in any one (1) month period, then a quality assurance manual that describes the following:

      (i) system testing;

      (ii) inspection process of cavities before concealment; and

      (iii) record keeping.

    (C) list of new parts and appliances;

    (D) list of reused or salvaged parts and appliances; and

    (E) rebuilder's data plate (if applicable).

  (3) notify the Department when concealed cavities will be exposed for Department inspectors;

  (4) remove damaged material and equipment;

  (5) add new or used materials and equipment;

  (6) repair all defects; and

  (7) repair and test all systems.

(c) The Department may schedule inspections of the home during the rebuilding process.

(d) A manufactured home which does not meet the definition of salvage as defined in §1201.461 of the Standards Act, may be refurbished to its original structural configuration so that it is habitable as defined by §1201.453 of the Standards Act.

Source Note: The provisions of this §80.36 adopted to be effective December 30, 2007, 32 TexReg 8790; amended to be effective November 23, 2014, 39 TexReg 8386; amended to be effective May 15, 2016, 41 TexReg 2743; amended to be effective January 7, 2018, 42 TexReg 6921

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