| (a) Industrialized housing shall be installed on a permanent foundation system. (b) The initial construction and inspection of a site-built REF at the 1st commercial site falls under the provisions of §70.79. Subsequent installation of REFs shall comply with this section. (c) Responsibility for building site construction. The industrialized builder or installation permit holder shall be responsible for assuring that the foundation and the installation of an industrialized house, building, or site-built REF complies with the manufacturer's or REF builder's on-site construction specifications or documentation that have been approved in accordance with §70.70, any unique on-site construction details, the engineered foundation design, and the mandatory building codes. (1) The industrialized builder or installation permit holder is responsible for assuring that all sub-contractors are licensed as required by applicable state law. (2) The industrialized builder is not responsible for construction performed by the installation permit holder as specified on the installation permit application submitted to the department. Construction not covered by the installation permit is the responsibility of the industrialized builder. (3) The installation permit holder is responsible only for the construction specified on the installation permit application submitted to the department. (d) Responsibility for inspections within jurisdiction of a municipality. When the building site is within a municipality that has a building inspection agency or department, the local building official will inspect all on-site construction done at the site and the attachment of the structure to the foundation to assure completion and attachment in accordance with the documents approved in accordance with §70.70, the foundation system design, any unique on-site construction details, and the mandatory building codes. (1) A municipality that regulates the on-site construction or installation of industrialized housing or buildings may require and review, for compliance with the mandatory building codes, a complete set of plans and specifications, including the foundation system design and any unique on-site construction details. (2) The industrialized builder or installation permit holder shall not permit occupation of, or release for occupation, the industrialized house or building unless approved by the municipality. (e) Responsibility for inspections outside the jurisdiction of a municipality or within a municipality without a building inspection agency or department. When the building site is outside a municipality, or within a municipality that has no building department or agency, a council-approved inspector will perform the required inspections in accordance with this section and the inspection procedures established by the council to assure completion and attachment in accordance with the documents approved in accordance with §70.70, the mandatory building codes, the foundation system design, and any unique on-site construction details. (1) The on-site inspection is normally accomplished in three phases: foundation inspection, set inspection, and final inspection. The foundation inspection shall be performed before the concrete is poured. (2) The final inspection shall be completed within 180 days of the start of construction. The department may grant an extension upon receipt of a written request that demonstrates a justifiable cause. (3) Site inspections are required for the first installation of all industrialized housing and permanent industrialized buildings. Exception: Site inspections are not required for the installation of unoccupied industrialized buildings not open to the public, such as communication equipment shelters, that are not also classified as a hazardous occupancy by the mandatory building code. (4) Site inspections are required for industrialized buildings that are designed to be moved from one commercial site to another commercial site if the buildings are used as a school or place of religious worship. (5) The industrialized builder, or installation permit holder, is responsible for scheduling each phase of the inspection with the inspector. Additional inspections will be scheduled as required for larger structures and to correct discrepancies. The industrialized builder, or installation permit holder, may utilize a different inspector for different projects, but may not change the inspector for a project once started without the written approval of the department. (6) The inspector shall provide the industrialized builder or installation permit holder a copy of the site inspection report upon completion of each phase of the inspection. If the inspector finds a structure, or any part thereof, does not meet the approved design package, the mandatory building codes, the engineered foundation plans, or the engineered on-site construction details, then the inspection report shall include a list of violations. The industrialized builder or installation permit holder is responsible for assuring that all violations are corrected. (7) The industrialized builder, or installation permit holder, shall not permit occupancy, or release the house or building for occupation, until a successful final inspection has been completed. A final inspection report shall be issued showing no outstanding violations prior to occupation, or release for occupation, of the house or building. Exception: Occupancy of the house or building may be permitted and approved with outstanding items provided that the items are not in violation of the mandatory building codes. (A) A successful final inspection means that all on-site construction has been completed, that all violations have been corrected, and that the construction has been found to be in compliance with the mandatory building codes, the approved on-site construction documentation, the engineered foundation system, and the engineered on-site construction documents. (B) The industrialized builder or installation permit holder shall maintain a copy of each site inspection report for a minimum of ten years from the date of successful final inspection and make a copy of the report available to the department upon request. The report shall include a list of all violations and documentation from the inspector showing that all outstanding violations have been corrected. (C) Upon request a copy of all site inspection reports shall be given to the owner of the house or building. (f) Destructive disassembly shall not be performed at the site in order to conduct tests or inspections, nor shall there be imposed standards or test criteria different from those required by the approved installation instructions, on-site construction documentation, and the applicable mandatory building code. Nondestructive disassembly may be performed only to the extent of opening access panels and cover plates. (g) Foundation system designs. A licensed professional engineer (or architect for one and two family dwellings or buildings having one story and total floor area of 5,000 square feet or less) shall design and seal the foundation systems for each industrialized house or building. Review by a DRA is not needed or required. A municipality that regulates the on-site construction or installation of industrialized housing or buildings may review the foundation system design for compliance with the mandatory building code. Foundation system designs shall comply with the mandatory building code referenced in §70.100 and §70.101 and shall contain complete details for the construction and attachment of the house or building on the foundation, including, but not limited to the following: (1) address or area for which the foundation is suitable; (2) minimum load specifications, including wind loads, seismic design loads, soil bearing capacity, and if the foundation is designed for expansive soils; (3) site preparation details; (4) material specifications; (5) requirements for corrosion resistance, protection against decay, and termite resistance; (6) size, configuration, and depth below grade of all footings, piers, and slabs including, but not limited to, details of concrete reinforcement, spacing of footings and piers, capping of piers, and mortar or concrete fill requirements for piers; (7) fastening requirements, including, but not limited to, size, spacing, and corrosion resistance; (8) requirements for surface drainage; and (9) details for enclosure of the crawl space, including details for ventilation and access. (h) Ground anchors. The use of ground anchors in the installation of industrialized housing is not permitted. The use of ground anchors in the installation of industrialized buildings is allowed if deemed appropriate by a municipality or other political subdivision. The foundation design shall be prepared by a licensed professional engineer and shall contain complete details for the construction and attachment of the building on the foundation, including, but not limited to the following: (1) address or area for which the foundation is suitable, including a soil investigative report prepared by a qualified engineer or a description of the soil type for which the anchoring system is suitable; (2) minimum load specifications, including wind loads, seismic design loads, soil bearing capacity, and if the foundation is designed for expansive soils; (3) site preparation details; (4) material specifications; (5) requirements for corrosion resistance, protection against decay, and termite resistance; (6) size, configuration, and depth below grade of all footings and piers including spacing of footings and piers; (7) specification and installation requirements for the tie-down anchoring system, including specifications for corrosion resistance for the ground anchors and associated tie-down system; (8) requirements for surface drainage; and (9) details for enclosure of the crawl space, including details for ventilation and access. (i) Unique on-site construction details. Unique on-site construction details as defined by §70.10(a) shall be designed and sealed by a licensed Texas professional engineer (or architect for one and two family dwellings or buildings having one story and total floor area of 5,000 square feet or less) and review by a DRA is not needed or required. The unique on-site construction details shall comply with the mandatory building codes referenced in §70.100 and §70.101. A municipality that regulates the on-site construction or installation of industrialized housing or buildings may require and review the unique on-site details for compliance with the mandatory building code. |
| Source Note: The provisions of this §70.73 adopted to be effective April 13, 1990, 15 TexReg 1787; amended to be effective July 13, 1990, 15 TexReg 3741; amended to be effective November 16, 1993, 18 TexReg 7925; amended to be effective August 1, 1996, 21 TexReg 6619; amended to be effective June 13, 2001, 26 TexReg 4092; amended to be effective May 17, 2004, 29 TexReg 4867; amended to be effective October 3, 2004, 29 TexReg 9182; amended to be effective June 1, 2006, 31 TexReg 4420; amended to be effective January 1, 2010, 34 TexReg 9409 |
