(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 §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.
(b) Other definitions may be set forth in the text
of the sections in this chapter. For purposes of these sections, the
singular means the plural, and the plural means the singular.
(c) Where terms are not defined in this section or
in other sections in this chapter and are defined in the mandatory
building codes as referenced in §70.100, such terms shall have
the meanings ascribed to them in these codes unless the context as
the term is used clearly indicates otherwise. Where terms are not
defined in this section or other sections in this title or in the
mandatory building codes, such terms shall have ordinarily accepted
meanings as the context implies.
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Source Note: The provisions of this §70.10 adopted to be effective April 13, 1990, 15 TexReg 1787; amended to be effective July 13, 1990, 15 TexReg 3741; amended to be effective November 16, 1993, 18 TexReg 7925; amended to be effective December 6, 1994, 19 TexReg 9295; amended to be effective December 20, 2000, 25 TexReg 12385; amended to be effective May 17, 2004, 29 TexReg 4867; amended to be effective October 3, 2004, 29 TexReg 9182; amended to be effective May 1, 2005, 30 TexReg 2504; amended to be effective June 1, 2006, 31 TexReg 4420; amended to be effective May 1, 2008, 33 TexReg 3409; amended to be effective January 1, 2010, 34 TexReg 9409; amended to beeffective May 1, 2014, 39 TexReg 3412; amended to be effective November 1, 2015, 40 TexReg 5146 |