(a) The manufacturer shall not alter construction of
the industrialized house or building from the approved design package.
Industrialized builders or installation permit holders shall not alter
construction performed at the installation from the approved on-site
construction documentation except in accordance with this section
or §70.73(j). Alterations of industrialized housing or buildings
shall be as specified in this section.
(b) An alteration of an industrialized house or building
prior to, or during installation, that results in a structure that
does not comply with the mandatory building codes is prohibited. An
alteration after installation of an industrialized building that is
designed to be moved from one commercial site to another commercial
site that does not comply with the mandatory building codes is prohibited.
Alterations after installation of industrialized housing or permanent
industrialized buildings shall be in accordance with the requirements
of the local building code authorities.
(c) Ordinary repairs and work exempt from permit requirements
as specified in the mandatory building codes referenced in §70.100
and §70.101 shall not be considered alterations. Ordinary repairs
shall include the removal and replacement of the covering of existing
materials, elements, equipment, or fixtures using like or the same
new materials, elements, equipment, or fixtures that serve the same
purpose.
(d) Alteration decals are used to recertify industrialized
buildings designed to be moved from one commercial site to another
commercial site. Each decal is assigned to a specific module or modular
component. The control of the decals shall remain with the department.
The department will issue alteration decals to the third party inspection
agency responsible for the inspections of the alterations upon application
and payment of the fee for the decal by the industrialized builder
or alteration permit holder. By affixing the decal the industrialized
builder or alteration permit holder and third party inspection agency
certify that the module has been altered and inspected in accordance
with the mandatory building codes and this section. The third party
inspector shall not affix the decal to any module where inspection
reveals that the building does not comply with the approved recertification
or alteration construction documents or the mandatory building codes.
(e) Alterations of industrialized housing and permanent
industrialized buildings.
(1) Prior to, or during, installation
outside the jurisdiction of a municipality. The industrialized
builder, or installation permit holder, shall submit the original
approved construction documents for the house or building, as reference,
along with a complete set of construction documents describing a proposed
alteration to a design review agency for approval prior to construction
in accordance with the procedures established by the council. The
design review agency responsible for review and approval of alteration
construction documents for a project, industrialized house, or permanent
industrialized building may not be changed without the written approval
of the department. Alterations on the house or building shall not
begin prior to approval of the construction documents and shall be
performed only by persons licensed to perform this work. Inspections
of alterations shall be performed by a third party inspector in accordance
with procedures established by the council. The third party inspection
agency responsible for inspections for a project may not be changed
without the written approval of the department.
(A) An alteration data plate shall be affixed to any
house or building where the alteration results in a reclassification
of the occupancy group or construction type, a change in the permissible
type of gas required for appliances, or a change in the wind speed
and exposure, maximum snow (roof) load, seismic design criteria, or
special conditions or limitations. The data plate shall contain such
information as specified in subsection (g).
(B) All records pertinent to the alteration, including
a copy of the alteration data plate, shall be retained by the industrialized
builder or installation permit holder for a minimum of 10 years from
the date of successful completion of the final inspection and be made
available to the department upon request.
(C) All records pertinent to the review and approval
of the alteration construction documents shall be retained by the
DRA for a minimum of 5 years from the date of approval and shall be
made available to the department upon request.
(D) All records pertinent to the alteration inspections
shall be retained by the TPIA for a minimum of 5 years from the completion
of the alteration construction and inspections and shall be made available
to the department upon request.
(2) Prior to installation
within the jurisdiction of a municipality. Alterations prior
to installation within a jurisdiction shall be in accordance with
paragraph (1).
(3) During, or after, installation
within the jurisdiction of a municipality. Approval of plans
and inspection of alterations shall be in accordance with the permitting
and inspection procedures of the municipality.
(f) Recertification of industrialized buildings designed
to be moved from one commercial site to another commercial site. An
industrialized building that has been certified by application of
a Texas decal in accordance with §70.77 and that is designed
to be moved from one commercial site to another commercial site may
be recertified in accordance with this section. A copy of the data
plate on each building to be recertified shall be submitted to the
DRA responsible for the plan review and approval of recertification
and alteration documents. Repairs, other than ordinary repairs as
defined by the mandatory building codes, shall be considered alterations.
The industrialized builder or alteration permit holder shall purchase
an alteration decal from the department to affix to each module that
is recertified or altered. The alteration decal shall be released
only to the third party inspection agency responsible for the alteration
inspections.
(1) Recertification class 1: original approved construction
documents exist and the building has not been previously altered.
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
purposes;
(B) submit a copy of the construction documents for
alteration of the building to the design review agency for review
and approval in accordance with the requirements established by the
council and subsection (f)(6). The construction documents shall include
the serial number assigned by the manufacturer and the Texas decal
number or insignia number of each module or modular component;
(C) not begin construction of the alteration of the
building prior to the approval of the construction documents by the
design review agency. Construction shall be performed only by persons
licensed to perform this work; and
(D) have the construction 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 alteration construction shall be required.
(2) Recertification class 2: original approved construction
documents do not exist. The industrialized builder or alteration permit
holder shall:
(A) have 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.
The industrialized builder or alteration permit holder shall submit
a copy of this analysis and a set of plans depicting the as built
construction of the building to the design review agency for review
and approval in accordance with the requirements established by the
council and with subsection (f)(6). These 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;
(B) bring into compliance those areas of the building
identified by the structural analysis and the design review agency
as not in compliance with the mandatory building code. 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);
(C) 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;
(D) 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
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