| (a) Installers shall use only prefabricated or site built stabilizing components and systems which are: (1) registered with the Department, (2) specified by the home manufacturer's DAPIA approved installation instructions, or (3) specified for one or more homes in a particular area by a Texas licensed engineer or architect. (b) Before accepting a registration of any prefabricated stabilizing component or system that will be used for more than one home or granting renewal of such, the Department will require the component or system to be certified by an engineer, architect, or independent testing laboratory. The engineer or architect may be licensed in any state. The independent testing laboratory must have at least one engineer or architect licensed in at least one state. The producer or vendor of the component or system must send a request letter to the Department with at least two copies of the certification report. The Department may accept certification reports in electronic formats. The certification report copies must have letter size (8.5 inch by 11 inch) or smaller pages. The producer or vendor must provide written permission to the Department to reproduce the certification report. If the Department accepts the registration of the certification report, the Department shall place a registration stamp on the copies, keep one copy, and return all other stamped copies to the producer or vendor. The registration stamp will include the following information: (1) the title "Texas Department of Housing and Community Affairs" Manufactured Housing Division; (2) the phrase "Registered stabilizing component or system"; and (3) the date of registration. (c) The Department will maintain a list of stabilizing components and systems that have been registered with the Department for use in Texas and will post a current copy of the list on the Department's website. (d) A report that certifies a stabilizing component or system shall contain, at the minimum, the following: (1) the name, address, phone number, facsimile number, and trademark of the agency issuing the certification report or the name, signature, license number, state where licensed, address, phone number, facsimile number, and seal of the engineer or architect; (2) date of certification report; (3) the name, address, phone number, and facsimile number of the vendor or producer of the component or system; (4) drawing or photograph of component or system; (5) a description of the vendor's or producer's method for identifying the component or system; (6) at least a 2 inch by 4 inch blank space for the Department registration stamp on each page or the cover page of a bound document; (7) a unique number or other identification for the certification report; (8) the initial qualifying test report or information about how the report can be obtained; (9) a description of the continuing validation system and the time period of the certification; (10) detailed and specific installation instructions for the component or system, a copy of which that are shipped to each purchaser; (11) a description of the working load capacity for the component or system. If the component is a ground anchor, the anchor shall be certified by a professional engineer, architect or nationally recognized testing laboratory as to its resistance, based on the maximum angle of diagonal tie and/or vertical tie loading and angle of anchor installation, and type of soil in which the anchor is to be installed; (12) a description of all allowable conditions for use of the component or system such as (but not limited to) types of soil, weather exposure, atmospheric environment (rural, industrial, coastal), and characteristics of other associated components; and (13) a statement that the certifying independent testing laboratory, certifying engineer, or certifying architect certifies the component or system to be in conformance with all applicable standards adopted by the Department. This statement shall be on each page or shall be on the cover sheet of a bound document. (e) The Department adopts the applicable standards and publications set forth in Chapter 43 of the International Code Council, latest edition of the International Residential Code for materials used to fabricate stabilizing components and systems. The Department adopts the stabilizing component destruction test failure criteria of the FMHCSS (24 CFR, Part 3280) or latest edition of the International Residential Code, Appendix E. (f) Applicable reports of the following organizations are acceptable as certification reports: National Evaluation Service, Inc.; International Conference of Building Officials (ICBO) Evaluation Service, Inc.; Southern Building Code Congress International (SBCCI) Public Safety Testing and Evaluation Services, Inc.; Building Officials and Code Administrators International (BOCA) Evaluation Reports, Inc.; the International Code Council (ICC); or a successor of any of these organizations. (g) The Department may deny registration if the certification information: (1) is incomplete; (2) does not conform to the rules of the Department; (3) contradicts the qualifying tests; or (4) has contradictory statements. (h) Conditions that may cause the Board to issue an administrative order that withdraws registration from a stabilizing component or system may include but are not limited to: (1) the engineer, architect, or independent testing laboratory withdraws the certification; (2) the engineer, architect, or independent testing laboratory improperly certified the component or system; (3) a significant characteristic of a device or system has been changed without a revision of the original certification; (4) the producer distributes installation instructions that are substantively different from those in the certification or original qualifying tests; (5) changes in the law, rules, or standards; (6) the continuing validation system for a component has been changed without a revision of the original certification; (7) information provided by the original certification is obsolete; (8) the Department receives evidence that the component or system often fails to anchor or support the home; or (9) the producer fails to provide test results after the Department directs the producer to test the component or system. The test will be performed by a recognized independent testing laboratory under the observation of a qualified representative or designee of the Department. (i) Notice of withdrawal of registration of a component or system must be given to the producer and to all licensed installers, retailers, and manufacturers. (j) The Department's registration of a stabilizing component or system is valid for a period of ten (10) years or for the time period of certification, whichever is less. The registration expires at the end of the shorter period. (1) If the time period for certification exceeds the ten (10) year registration period, the producer of the stabilizing component or system may apply for a renewal of the registration. The renewal shall be valid for an additional period: (A) of ten (10) years; or (B) if the time period of certification expires prior to the end of the ten (10) year period, for a lesser period ending with the expiration of the time period of certification. (2) All Department approval letters issued prior to November 3, 1998, remain valid for a period of ten (10) years following the original effective date of this section and expire on November 3, 2008, or upon any previously assigned expiration date if that date is earlier. (k) A registration renewal request must be received from the vendor or producer of the component or system at least ninety (90) calendar days prior to the date the certification or registration expires. The request must supply the information necessary for the Department to issue a registration renewal. (l) Registered components and systems sold to retailers or installers prior to the expiration of the applicable registration or renewal may be used and installed for a period of not more than ninety (90) calendar days following the date of expiration of their approval, registration, or renewal. (m) Advertisements and instructions may not express or imply that the component or system has Department approval. |
