| (a) Each separate manufacturing facility will go through
a certification inspection before decals or insignia will be released
to the manufacturer.
(b) A change in address of a certified manufacturer
will require review and possible certification or partial certification
inspection of the plant at the new location.
(c) The executive director may authorize 100% inspection
of industrialized housing or buildings constructed by an uncertified
manufacturer in lieu of certification and a compliance control program
as required by §70.70(c) in accordance with the following.
(1) The 100% inspection may be approved only in the
following circumstances:
(A) the house or building is required to aid in a disaster
that has been officially declared by the United States government,
a state government, or a political subdivision of either;
(B) the US State Department has issued travel warnings
for travel outside of the United States relating to or affecting the
location of the plant to be certified;
(C) the industrialized house or building is a one-time
project and the manufacturer certifies to the department that it will
not construct additional industrialized housing or buildings for placement
in this state without going through the certification inspection process;
and
(D) other extenuating circumstances if approved by
the executive director. If the executive director does not approve
a request under this subsection, the manufacturer may ask the council
to approve the 100% inspection.
(2) The manufacturer must still register as a manufacturer
in accordance with §70.20.
(3) Plan review and approval will still be required
in accordance with §70.70.
(4) The manufacturer will purchase decals for the unit
or units in accordance with §70.77 with the following exceptions:
(A) the decals will not be released until the manufacturer
has provided the industrialized builder registration number or installation
permit number of the person who purchased the unit and who will be
responsible for the on-site construction;
(B) the decal will not be released until all inspection
fees have been paid; and
(C) the decals will be released only to the inspector
for attachment to the units upon completion of a successful final
inspection.
(5) The 100% inspection will be conducted by inspectors
designated by the department and may include department personnel
or approved third-party inspectors. Inspections will be completed
in accordance with procedures approved by the council.
(6) Inspections performed by third party inspectors
shall be audited by department staff.
(d) The plant certification inspection will be conducted
by a certification team designated by the department. The team shall
consist of:
(1) a team leader, who is either a department employee,
an engineer, or other qualified person as determined by procedures
established by the council; and
(2) one or more department inspectors or third party
inspectors.
(e) The team leader may not be an employee of the third
party inspection agency (TPIA) responsible for regular in-plant inspections
of the manufacturer or the design review agency (DRA) responsible
for review of the manufacturer's design package. The following persons
may not solicit, offer, or agree to provide future design review or
in-plant inspection services for the manufacturer prior to the manufacturer
completing all certification requirements:
(1) an agency other than the manufacturer's current
TPIA or DRA that provides a certification team member; and
(2) any team member that is not employed by the manufacturer's
current TPIA or DRA.
(f) The inspection shall be conducted in accordance
with the procedures established by the council. A certification inspection
has two primary purposes:
(1) to verify that the manufacturer is capable of producing
modules or modular components that comply with the law and the rules,
mandatory building codes, and approved design package; and
(2) to verify that the manufacturer's approved compliance
control program will ensure compliance now and in the future.
(g) The team will become familiar with all aspects
of the manufacturer's approved design package. Structures on the production
line will be checked to assure that failures to conform located by
the certification team are being located by the plant compliance control
program and are being corrected by the plant personnel. The certification
team will work closely with the plant compliance control personnel
to assure that the approved design package and compliance control
manuals for the facility are clearly understood and followed. If deemed
necessary by the certification team, a representative of the design
review agency must be present during the inspection. At least one
module or modular component containing all systems, or a combination
of modules or modular components containing all systems, shall be
observed during all phases of construction. The team must inspect
all modules or modular components in the production line for Texas
during the certification. The plant certification inspection will
terminate when the certification team has fully evaluated all aspects
of the manufacturing facility.
(h) The certification team will issue a plant certification,
or facility evaluation, report to the manufacturer when the department
has determined that the manufacturer has met the requirements for
certification. A copy of the plant certification report will also
be forwarded to the third party inspection agency responsible for
in-plant inspections. The manufacturer and third party inspection
agency will be responsible for ensuring that all conditions of certification
as outlined in the certification report are met. The manufacturer
must keep a copy of this report in their permanent records. The report
will contain, at a minimum, the following information:
(1) the name and address of the manufacturer;
(2) the names and titles of personnel performing the
certification inspection;
(3) the serial or identification numbers of the modules
or modular components inspected;
(4) a list of nonconformances observed on the modules
or modular components inspected (with appropriate design package references)
and corrective action taken in each case;
(5) a list of deviations from the approved compliance
control procedures (with section or manual references) observed during
the certification inspection with the corrective action taken in each
case;
(6) a list of conditions of certification with which
the manufacturer must comply to maintain the certification;
(7) the date of certification;
(8) the following statement: "This report concludes
that (name of agency), after evaluating the facility, certifies that
(name of factory) of (city) is capable of producing (industrialized
housing and buildings or modular components) in accordance with the
approved building system and compliance control manuals on file in
the manufacturing facility and in compliance with the requirements
of the Texas Industrialized Building Code Council"; and
(9) the signature of an authorized department employee.
(i) A manufacturer that wishes to construct modules
or modular components outside the scope of the manufacturer's certification
must successfully complete a certification update inspection for the
aspects of construction for which the manufacturer is not currently
certified.
(j) If the department determines that the manufacturer
is not capable of meeting the certification requirements or that the
manufacturer is unable to complete the certification inspection requirements,
then the certification team will issue a non-compliance report. The
non-compliance report will detail the specific areas in which the
manufacturer was found to be deficient and may make recommendations
for improvement.
(k) If any personnel of a design review agency or third
party inspection agency participate as members of a certification
team, the agency is considered a participant in the certification
team and is responsible for compliance with Texas Occupations Code,
Chapter 1202, rules adopted by the commission, and decision, actions,
and interpretations of the council in performing the certification,
inspection and related activities.
|
| Source Note: The provisions of this §70.60 adopted to be effective November 16, 1993, 18 TexReg 7925; amended to be effective August 1, 1996, 21 TexReg 6619; amended to be effective March 16, 1998, 23 TexReg 1305; amended to be effective June 1, 2006, 31 TexReg 4420; amended to be effective May 1, 2007, 32 TexReg 2359; amended to be effective May 1, 2008, 33 TexReg 3409; amended to be effective January 1, 2010, 34 TexReg 9409; amended to be effective November 1, 2015, 40 TexReg 5146; amended to be effective March 15, 2020, 45 TexReg 1674 |
