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RULE §70.30Exemptions

(a) The scope of this chapter is limited by Chapter 1202; accordingly, it does not apply to:

  (1) mobile homes or HUD-code manufactured homes as defined in Texas Occupations Code, Chapter 1201;

  (2) housing or buildings:

    (A) of open construction;

    (B) that are constructed of sectional or panelized systems not utilizing modular components; or

    (C) that are built of modules or modular components that are constructed at the installation site.

    (D) Exception: Relocatable educational facilities purchased or leased on or after January 1, 2010 are required to be certified regardless of where the facility is built.

  (3) ready-built homes which are constructed so that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling it and moving it to another location, provided that modular components are not used in the construction of the ready-built home. A temporary location would include a lumber yard, a vacant lot, or other similar area that is not used exclusively for the construction of buildings;

  (4) a commercial building or structure that is:

    (A) installed in a manner other than on a permanent foundation; and

    (B) either:

      (i) is not open to the public; or

      (ii) is less than 1,500 square feet in total area and used other than as a school or a place of religious worship;

  (5) buildings that are specifically referenced in the mandatory building codes as exempt from permits; or

  (6) construction site buildings.

(b) The installation of an industrialized house or a permanent industrialized building that is moved from the first installation site to a new installation site is subject to the permitting and approval requirements of the local authorities.

Source Note: The provisions of this §70.30 adopted to be effective April 13, 1990, 15 TexReg 1787; amended to be effective May 17, 2004, 29 TexReg 4867; amended to be effective June 1, 2006, 31 TexReg 4420; amended to be effective January 1, 2010, 34 TexReg 9409; amended to be effective October 1, 2016, 41 TexReg 7259; amended to be effective March 15, 2020, 45 TexReg 1674

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