(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 §1202.002 and §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 §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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