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TITLE 16ECONOMIC REGULATION
PART 4TEXAS DEPARTMENT OF LICENSING AND REGULATION
CHAPTER 70INDUSTRIALIZED HOUSING AND BUILDINGS
RULE §70.74Responsibilities of the Registrants--Alterations

    (E) have the construction to bring the building into compliance, and to alter the building, inspected by a third-party inspector in accordance with the procedures established by the council and subsection (f)(7). A minimum of one rough in inspection and a final inspection of the construction shall be required.

  (3) Recertification class 3: original approved construction documents exist, but the building has been altered from those plans and the building has not been recertified in accordance with other paragraphs in this section. The industrialized builder or alteration permit holder shall:

    (A) submit a copy of the original approved construction documents for the building to the design review agency for reference;

    (B) submit a copy of construction documents that depict the alterations or repairs to the building to the DRA for review and approval in accordance with the requirements established by the council and with subsection (f)(6). Where structural elements have been altered, a structural analysis of the existing building made by an engineer licensed to practice in Texas to determine the adequacy of the structural systems in accordance with Chapter 16 of the current edition of the International Building Code adopted in §70.100 shall also be submitted. The construction documents shall include the serial number assigned by the manufacturer and the Texas decal or insignia number of each module or modular component contained in the building;

    (C) bring into compliance those areas of the building identified by the structural analysis or the design review agency as not in compliance with the mandatory building codes. The industrialized builder or alteration permit holder shall submit construction documents to bring the building into compliance to the design review agency for review and approval in accordance with the requirements established by the council and with subsection (f)(6);

    (D) have the building inspected by a third party inspector in accordance with the procedures established by the council and subsection (f)(7) to verify that the building complies with the approved as built construction documents;

    (E) not begin construction to bring the building into compliance, or to alter the building, prior to approval of the construction documents. The construction shall be performed only by persons licensed to perform this work; and

    (F) have the construction to bring the building into compliance, and to alter the building, inspected by a third-party inspector in accordance with the procedures established by the council and subsection (f)(7). A minimum of one rough in inspection and a final inspection of the construction shall be required.

  (4) Recertification class 4: buildings that are to be altered again after recertification. The industrialized builder or alteration permit holder shall:

    (A) submit a copy of all previous recertification construction documents, including original and as built construction documents where applicable, to the design review agency in accordance with the requirements established by the council and subsection (f)(6);

    (B) include the alteration decal numbers from previous recertifications on the construction documents for altering the building; and

    (C) comply with subsections (f)(1)(B) - (D).

  (5) Emergency repairs. Equipment replacement and repairs, which do not qualify as ordinary repairs in accordance with the mandatory building codes, that must be performed in an emergency situation may be performed prior to recertification of the building. The industrialized builder or alteration permit holder shall submit documents as necessary to recertify the building in accordance with the requirements of subsections (f)(1) - (3) within the next working business day with the following exceptions.

    (A) The industrialized builder or alteration permit holder shall have 10 working days to submit as built construction documents for the entire building where required by the recertification requirements of subsections (f)(1) - (4).

    (B) The industrialized builder or alteration permit holder shall have 10 working days to submit a structural analysis performed by an engineer licensed to work in Texas where required by the recertification requirements of subsection (f)(1) - (4).

  (6) The industrialized builder or alteration permit holder shall choose an approved DRA to perform the review and evaluation of all construction documents for the recertification of an industrialized building. The industrialized builder or alteration permit holder may choose a different DRA for different projects or buildings, but may not change DRAs for a project or building once the plan review has begun without prior written approval from the department.

    (A) Construction documents submitted to the DRA shall include all information pertinent to assuring compliance with the mandatory building code and shall include structural, thermal, and electrical load calculations.

    (B) As built construction documents shall be reviewed to determine the existence of any potential nonconformance with the provisions of the mandatory building codes. The review and approval of construction documents to recertify a building shall comply with the requirements of §70.70(a)(2) - (4) and (6) - (8) with the following exceptions.

      (i) Based on the engineering analysis and the DRA's review of the as built construction documents, the DRA will prepare a report to the industrialized builder or alteration permit holder that describes the nonconformances of the building to be recertified.

      (ii) The DRA will signify approval of a drawing, specification, calculation, or any other document submitted for review and approval by the application of the council's stamp of approval for altered or recertified buildings.

      (iii) The design review agency shall complete a recertification transmittal form in accordance with the requirements of the council and forward a completed copy of the form to the department. A copy of all documents pertinent to the recertification of the building shall be supplied to the department upon request.

      (iv) The design review agency shall forward a completed copy of the recertification transmittal form and one approved copy of the construction documents to the industrialized builder.

      (v) The design review agency shall keep a copy on file of the original approved documents, the engineering analysis, and approved construction documents for recertification of the building for 5 years from the latest date of approval of the recertification or alteration construction documents.

  (7) The third party inspector shall affix the alteration decal to each industrialized building module or modular component upon completion of the construction and successful completion of all required inspections in accordance with this section and the requirements of the council. Successful completion of all required inspections means that all construction has been completed, that all violations have been corrected, and that the construction has been found to be in compliance of the applicable mandatory building codes and the approved construction documents.

    (A) The decal shall be affixed in the vicinity of the original decal or insignia on the module or modular component as depicted on the approved construction documents.

    (B) The industrialized builder or alteration permit holder may not change the third party inspection agency for a project or building once started without prior written approval of the department.

    (C) All plans pertinent to the alteration or recertification shall be available for use by the third party inspector during the inspection. A copy of the mandatory building codes shall be available for the inspector's use during the inspection.

    (D) A rough-in inspection shall be scheduled by the industrialized builder or alteration permit holder while construction is still open to inspection. The inspector shall begin the inspection by verifying that the units to be inspected are those depicted in the original approved, the approved as built, or the previously approved recertification construction documents and shall verify the original decal and serial number of each unit to be inspected. The third party inspector may require the industrialized builder to uncover portions of the building as necessary to verify compliance.

      (i) The inspection shall be terminated and the alteration decals returned to the department if inspection reveals that the units have been altered from the original approved, the approved as built, or the previously approved recertification construction documents.

Cont'd...

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