Residential Builder s Guide Revised August 31, 2005

Transcription

1 Residential Builder s Guide Revised August 31, 2005 PO Bx 12157, Austin, TX address: industrialized.buildings@license.state.tx.us Web Address:

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3 Industrialized Husing and Buildings - Residential Builder s Guide Revised August 31, 2005 TABLE OF CONTENTS APPLICABLE LAW AND RULES 3 MANUFACTURED HOUSING VS. INDUSTRIALIZED HOUSING 3 DEFINITIONS 4 Sectin f the Occupatins Cde Definitin f Industrialized Husing 4 Department Rule Definitins 4 MANDATORY BUILDING CODES 5 Sectins and f the Occupatins Cde Building Cdes 5 Department Rule Mandatry Building Cdes 5 Department Rule Amendments t Mandatry Building Cdes 5 Department Rule Use and Cnstructin f Cdes 6 REGISTRATION, RENEWALS, AND RESPONSIBILITIES OF BUILDER 6 Registratin Prcess 6 Respnsibilities f the Registered Builder 7 Respnsibilities f the Manufacturer t the Builder 7 Respnsibilities f the Builder t the Owner 7 BUILDER AUDITS AND PERMANENT FOUNDATIONS 8 Builder Audits - General 8 Builder Audits Infrmatin Prvided by the Builder 8 Characteristics f a Permanent Fundatin 9 Permanent Fundatin Designs 9 GENERAL INSTALLATION REQUIREMENTS 10 MUNICIPAL AUTHORITY 10 Sectin f the Occupatins Cde Reservatin f Municipal Authrity 10 Sectin f the Occupatins Cde Municipal Regulatin f Industrialized Husing and Buildings 10 Sectin f the Occupatins Cde Municipal Regulatin f Industrialized Husing 10 SITE INSPECTIONS 11 Sectin f the Occupatins Cde On-site inspectins 11 Wh is respnsible fr site inspectins? 11 What inspectins are required n-site utside the jurisdictin f a municipality? 11 REMEDIAL ACTIONS 12 Remedial actin fr failure t have industrialized husing installed n a permanent fundatin 12 Remedial actin fr failure t have site inspectins Fundatin Inspectin 13 Remedial actin fr failure t have site inspectins Set and/r Final Inspectin 14 FOR MORE INFORMATION 14 Web site 14 Subscribe t industrialized husing and buildings ntificatin list 15 Hw t Reach Us 15 Other 15 Texas Department f Licensing and Regulatin Page 1 f 16

4 Industrialized Husing and Buildings - Residential Builder s Guide Revised August 31, 2005 APPENDICES 15 Appendix A Sample Builder s Audit [revised April 2005] Appendix B Building Site Inspectin Prgram [revised May 2005, effective June 1, 2005] Appendix C Building Site Inspectin Reprt Frm [revised April 2005] Appendix D Residential Site Inspectin Checklist fr Industrialized Husing, General, Fundatin, and Structural [NEW] Appendix E Residential Site Inspectin Checklist fr Industrialized Husing, Energy, Mechanical, Plumbing, Gas, and Electrical [NEW] Appendix F Residential Fundatin Checklist (plan review checklist) [NEW] Appendix G What Every Builder Shuld Knw [revised May 2005] Appendix H Bulletin , Areas f Authrity Belnging t a Municipality Industrialized Husing Appendix I Frequently Asked Questins [August 2005] Appendix J Bulletin #97-001, frm #TDLR 033ihb Texas Department f Licensing and Regulatin Page 2 f 16

5 Industrialized Husing and Buildings - Residential Builder s Guide Revised August 31, 2005 Marginal Markings Slid vertical lines within the right hand margins f the guide indicate revisins t the guide. RESIDENTIAL BUILDER S GUIDE The infrmatin in this dcument is prvided as a guide t the requirements f the Industrialized Husing and Buildings (IHB) statute and rules, but is nt intended as a replacement fr the statute and rules. It is the respnsibility f the industrialized builder t review the actual statute and rules t assure a cmplete understanding f the requirements f the IHB prgram as they relate t the functins f the builder. Applicable Law and Rules Chapter 1202 f the Occupatins Cde, Industrialized Husing and Buildings, is the statute gverning the IHB prgram Chapter 70, Industrialized Husing and Buildings (Department Rules), are the rules written t enfrce the statute Chapter 51, Texas Department f Licensing and Regulatin, is the enabling statute fr the Department Manufactured Husing vs. Industrialized Husing What are the differences between an industrialized (mdular) hme and a HUD-cde manufactured hme? The cdes t which the hmes are built Mdular husing in the State f Texas is cnstructed t the same cdes as site built husing in this case either the Internatinal Residential Cde (single-family, duplex, r twn hme) r the Internatinal Building Cde (apartments) Manufactured husing is cnstructed t Federal HUD cde standards Mdular hmes are required t be installed n a permanent fundatin system The Department des nt issue titles n mdular hmes. Once installed the hme becmes part f the real prperty and is titled as part f the real prperty Except as prvided by Sectin f the Occupatins Cde, a municipality may nt discriminate against mdular hmes built under the IHB prgram Certificatin labels Industrialized husing decals are white acrylic with a blue star, a label serial number, and blue lettering. The text n the label reads as fllws: This label certifies that this mdule has been manufactured in accrdance with the requirements f Chapter 1202 f the Occupatins Cde and the Texas Industrialized Building Cde Cuncil. The label is permanently attached t each mdule that makes up an industrialized huse in a lcatin designated by the manufacturer n the flr plan r cver page f the cnstructin plans fr each mdel (see Bulletin # in appendix J) The HUD label fr HUD-Cde Manufactured Husing is a red metal plate intended t be permanently attached n the exterir f a manufactured hme, near the rear f each sectin. Fr mre infrmatin abut manufactured husing cntact the Texas Department f Husing and Cmmunity Affairs at (800) r (512) Hw is an industrialized (mdular) hme titled? The Department des nt issue titles n industrialized (mdular) hmes. Unlike manufactured husing, industrialized hmes are titled as part f the real prperty, the same as site built hmes D nt have the purchaser (wner) fill ut paper wrk t submit t TDHCA fr a title TDHCA has n authrity ver industrialized hmes and will nt issue a title fr an industrialized hme D nt have the purchaser (wner) fill ut the paper wrk fr titling a manufactured hme and submit it t this Department. The Department des nt title these hmes Texas Department f Licensing and Regulatin Page 3 f 16

6 Industrialized Husing and Buildings - Residential Builder s Guide Revised August 31, 2005 Definitins Sectin f the Occupatins Cde Definitin f Industrialized Husing Industrialized husing is a residential structure that is Designed fr the ccupancy f ne r mre families Cnstructed in ne r mre mdules r cnstructed using ne r mre mdular cmpnents built at a lcatin ther than the permanent site Designed t be used as a permanent residential structure when the mdule r the mdular cmpnent is transprted t the permanent site and erected r installed n a permanent fundatin system Industrialized husing includes the structure's plumbing, heating, air cnditining, and electrical systems. Industrialized husing des nt include A residential structure that exceeds three stries r 49 feet in height as measured frm the finished grade elevatin at the building entrance t the peak f the rf Husing cnstructed f a sectinal r panelized system that des nt use a mdular cmpnent A ready-built hme cnstructed in a manner in which the entire living area is cntained in a single unit r sectin at a temprary lcatin fr the purpse f selling and mving the hme t anther lcatin In additin, industrialized husing des nt include Mbile hmes r HUD-cde manufactured husing as defined in Chapter 1201 f the Occupatins Cde Mdular husing cnstructed prir t effective date f statute Department Rule Definitins Reference the cmplete text f Department Rule fr all definitins pertinent t the IHB prgram. The fllwing definitins are thse that pertain particularly t retailers and installers f industrialized husing. Industrialized builder A persn wh is engaged in the assembly, cnnectin, and n-site cnstructin and erectin f mdules r mdular cmpnents at the building site r wh is engaged in the purchase f industrialized husing r buildings r f mdules r mdular cmpnents frm a manufacturer fr sale r lease t the public; a subcntractr f an industrialized builder is nt a builder fr purpses f this chapter Installatin permit A registratin issued by the department t a persn wh purchases an industrialized huse r building fr his/her wn use and wh assumes respnsibility fr the installatin f the industrialized huse r building. A persn wh applies fr an installatin permit may nt be engaged in the purchase f industrialized husing r buildings r f mdules r mdular cmpnents fr sale r lease t the public. A subcntractr f an installatin permit hlder is nt an industrialized builder fr the purpses f this chapter On-site cnstructin Preparatin f the site, fundatin cnstructin, assembly and cnnectin f the mdules r mdular cmpnents, affixing the structure t the permanent fundatin, cnnecting the structures tgether, cmpleting all site-related cnstructin in accrdance with designs, plans, specificatins, and n-site cnstructin dcumentatin Permanent fundatin system A fundatin system fr industrialized husing r buildings designed t meet the applicable building cde as set frth in , , and f the Department Rules Residential structure Industrialized husing designed fr ccupancy and use as a residence by ne r mre families Texas Department f Licensing and Regulatin Page 4 f 16

7 Industrialized Husing and Buildings - Residential Builder s Guide Revised August 31, 2005 Sale, sell, ffer t sell, r ffer fr sale Includes any cntract f sale r ther instrument f transfer f wnership f prperty, r slicitatin t ffer t sell r therwise transfer wnership f prperty fr an established price Site r building site A lt, the entire tract, subdivisin, r parcel f land n which industrialized husing r buildings are sited Third party inspectr An apprved persn r agency, private r public, determined by the cuncil t be qualified by reasn f facilities, persnnel, experience, demnstrated reliability, and independence f judgment t inspect industrialized husing, buildings, and prtins theref fr cmpliance with the apprved plans, dcumentatin, cmpliance cntrl prgram, and applicable cde Mandatry Building Cdes Reference sectins and f the Occupatins Cde, Industrialized Husing and Buildings (IHB Law) and sectins , & f the Department Rules gverning Industrialized Husing and Buildings Sectins and f the Occupatins Cde Building Cdes Sectin specifies the mandatry building cdes adpted under the Texas IHB prgram. Sectin grants the Texas Industrialized Building Cde Cuncil (Cuncil) the authrity t adpt later editins f the mandatry building cdes. The Texas Industrialized Building Cde Cuncil may adpt a later editin f the cdes adpted in sectin f the Texas Occupatins Cde if the Cuncil finds that the use f the amended cde is In the public interest Cnsistent with the purpses f the statute Department Rule Mandatry Building Cdes Sectin f the Department Rules specifies the current mandatry building cdes adpted fr the Texas IHB prgram. Effective July 1, 2004 all industrialized husing and buildings, mdules, and mdular cmpnents, shall be cnstructed in accrdance with the fllwing cdes Natinal Fire Prtectin Assciatin--Natinal Electrical Cde, 2002 Editin, including appendices The Internatinal Building Cde, 2003 editin, including appendices C and F, published by the Internatinal Cde Cuncil (ICC) The Internatinal Fuel Gas Cde, 2003 editin, published by the ICC The Internatinal Plumbing Cde, 2003 editin, including appendices E, F, and G, published by the ICC The Internatinal Mechanical Cde, 2003 editin, published by the ICC The Internatinal Residential Cde, 2003 editin, including appendix K, published by the ICC Department Rule Amendments t Mandatry Building Cdes Sectin f the Department Rules requires the Cuncil t cnsider and review all amendments t the mandatry building cdes that are apprved and recmmended by ICC. This sectin als cntains ther amendments adpted by the Cuncil. ICC amends the cdes every year Texas Department f Licensing and Regulatin Page 5 f 16

8 Industrialized Husing and Buildings - Residential Builder s Guide Revised August 31, 2005 The Cuncil determined that it was nt in the public interest t adpt the cde amendments every year Amended cdes are adpted apprximately every 3 years within 1 t 1 ½ years after the publicatin by ICC f the new cde editins The Cuncil cnsiders ther amendments t the Cde that are recmmended by building fficials, the Department, r ther interested parties Amendments are effective a minimum f 180 days fllwing the date f the Cuncil s apprval r adptin f the amendment r at such a later date as set by the Cuncil Department Rule Use and Cnstructin f Cdes Sectin sets guidelines fr the use f the mandatry building cdes. Industrialized husing is cnstructed t cmply with the mandatry building cdes in effect at the time f cnstructin f the huse Industrialized husing is installed in accrdance with the mandatry building cdes in effect at the time f installatin f the huse [reference Appendix F fr a fundatin checklist and Appendix D and E fr inspectin checklists] The cde in effect will be determined by the date cnstructin begins n the installatin site f the huse Registratin, Renewals, and Respnsibilities f Builder Reference Sectins 70.20, 70.75, and f the Department Rules gverning Industrialized Husing and Buildings The registratin f a manufacturer r industrialized builder shall be valid fr 12 mnths and must be renewed annually A renewal ntice will be mailed 60 t 90 days prir t the expiratin date f yur registratin The builder is respnsible fr renewing the registratin even if a renewal ntice is nt received Failure t receive a renewal ntice will nt excuse a builder frm late registratin fees An industrialized builder must register each separate sales ffice but is nt required t register each jb lcatin Registratin Prcess The applicatin is date stamped upn receipt in accunting, where it takes apprximately tw t three wrking days t prcess The applicatin is then frwarded t the IHB sectin. It takes tw t three wrking days t prcess a COMPLETED applicatin An applicatin that des nt cntain all infrmatin requested r that is nt signed by a persn authrized t sign the applicatin is nt cnsidered cmplete Crpratins applicatin must be signed by fficer f the crpratin as indicated n the applicatin Partnership applicatin must be signed by ne f the managing partners as indicated n the applicatin Sle Prprietrship applicatin must be signed by the sle prprietr If the applicant has criminal cnvictins, then the applicatin is frwarded t enfrcement fr review and apprval. Prcedures and guidelines are n the Department s web site at An infrmatin packet including frms, prcedures, and a cpy f the law and rules will be mailed alng with yur certificate f registratin Texas Department f Licensing and Regulatin Page 6 f 16

9 Industrialized Husing and Buildings - Residential Builder s Guide Revised August 31, 2005 Respnsibilities f the Registered Builder A registered industrialized builder shall ntify the department in writing within 10 days if The crprate r firm name is changed The main address f the registrant is changed There is a change in 25% r mre f the wnership interest f the cmpany within a 12- mnth perid An industrialized builder transfers a mdule r mdular cmpnent t anther industrialized builder The builder must prvide the custmers with access t the name, mailing address and telephne number f the department fr purpses f directing cmplaints [reference Department Rule 70.78(b)]. The infrmatin shall be included n A sign prminently displayed in the place f business (this infrmatin is n yur registratin certificate) Any written cntract fr services Any bill fr services The builder must have written prf that the infrmatin abve was delivered t the purchaser (wner) and keep this prf in the industrialized builder s files. A checklist f items received that is signed and dated by the purchaser (wner) wuld be acceptable evidence Respnsibilities f the Manufacturer t the Builder The manufacturer shall prvide the industrialized builder the fllwing infrmatin The name, Texas registratin number, and address f the manufacturer f the huse The lcatin f the decal(s) r insignia n the mdules r mdular cmpnents A descriptin f the lcatin f the data plate and explanatin f the infrmatin theren A set f apprved plans as necessary t btain a building permit The flr plan f the building and schematic drawings f the plumbing, electrical, and heating/ventilatin systems fr the wner f the building A cmpleted signed cpy f the energy cmpliance checklist [reference Department Rule 70.70(c)(8)(C)] The name, address, and telephne number f the Department The manufacturer must have written prf that the infrmatin abve was delivered t the industrialized builder and keep this prf in the manufacturer's files fr a minimum f five years Respnsibilities f the Builder t the Owner The industrialized builder shall prvide the purchaser (wner) f any industrialized huse r building the fllwing infrmatin The name, Texas registratin number, and address f the manufacturer and industrialized builder A descriptin f the lcatin f the data plate and explanatin f the infrmatin theren The flr plan f the building and schematic drawings f the plumbing, electrical, and heating/ventilatin systems A set f apprved cnstructin dcuments fr changes made t the huse after leaving the manufacturing facility The lcatin f the decal(s) r insignia n the mdule r mdular cmpnents A site plan shwing the n-site lcatin f all utilities and utility taps Texas Department f Licensing and Regulatin Page 7 f 16

10 Industrialized Husing and Buildings - Residential Builder s Guide Revised August 31, 2005 A cmpleted signed cpy f the energy cmpliance checklist [reference Department Rule 70.70(c)(8)(C)] The name, mailing address, and telephne number f the Department fr purpses f directing cmplaints t the Department [reference Department Rule 70.78(b)]. The ntificatin shall be included n A sign prminently displayed at the place f business Any written cntract fr services Any bill fr services The builder must have written prf that the infrmatin abve was delivered t the purchaser (wner) and keep this prf in the industrialized builder's files. A checklist f items received that is signed and dated by the purchaser (wner) wuld be acceptable evidence Builder Audits and Permanent Fundatins Reference sectins 70.50(b) and f the Department Rules gverning Industrialized Husing and Buildings Builder Audits - General Each industrialized builder shall keep recrds f all industrialized husing, buildings, mdules, and mdular cmpnents that were sld, leased, r installed These recrds shall be kept fr a minimum f ten years frm the date f successful cmpletin f the final site inspectin If the builder is nt respnsible fr the installatin f the hme, then the recrds shall be kept fr a minimum f five years frm the date f sale f the hme hiring a subcntractr t install a hme des nt relieve the builder frm respnsibility fr the installatin An annual audit f units sld, leased, r installed by the builder shall be cnducted by the Department [see Appendix A fr a sample Builder s audit] The audit will identify the mdules r mdular cmpnents by the name and Texas registratin number f the manufacturer f each unit and the assigned Texas decal r insignia numbers and the crrespnding identificatin, r serial, numbers as assigned by the manufacturer The builder shall reprt r prvide the infrmatin t the Department fr each unit identified in the audit within the timeframe set by the audit Builder Audits Infrmatin Prvided by the Builder The builder shall reprt r prvide the fllwing infrmatin t the Department. Evidence that the infrmatin required by Department Rule was delivered t the purchaser (wner) f the hme. The builder must have written prf, such as a checklist f items received signed by the purchaser (wner), that the infrmatin was delivered t the purchaser (wner) and prvide this prf upn request f the Department The address where each unit was installed. If the hme has nt yet been installed, then the address where the unit is stred. If the builder is nt respnsible fr the installatin, then the address t where each unit was delivered The ccupancy use f each building cntaining mdules r mdular cmpnents, i.e., singlefamily hme, duplex, apartment, etc If the builder is nt respnsible fr the installatin prvide either f the fllwing The name and registratin number f the builder wh is respnsible OR The name and installatin permit number f the installatin permit hlder wh is respnsible Texas Department f Licensing and Regulatin Page 8 f 16

11 Industrialized Husing and Buildings - Residential Builder s Guide Revised August 31, 2005 Where the builder is respnsible fr the installatin and site wrk and the hme is installed inside the jurisdictin f a municipality The builder shall reprt the name f the city respnsible fr the site inspectins When requested, the builder shall als prvide a cpy f the PERMANENT fundatin plans Where the builder is respnsible fr the installatin and site wrk and the hme is installed utside the jurisdictin f a municipality The builder shall prvide a cpy f the site inspectin reprt fr each unit The builder shall prvide a cpy f the permanent fundatin plans fr each unit Characteristics f a Permanent Fundatin The fundatin and all related cnstructin shall cmply with the requirements f the mandatry building cdes reference Department Rule fr the definitin f a permanent fundatin system [see Appendix F fr a fundatin checklist] The fundatin system shall be capable f transmitting all design lads impsed by r upn the fundatin and the attached building int the sil r bedrck withut failure The structure is attached withut the twing hitch, axles, brakes, wheels, and ther parts f the chassis that nly perate during transprtatin Ventilatin and decay details shall cmply with the requirements f the mandatry building cdes The use f grund anchrs is nt apprved Permanent Fundatin Designs Must cmply with the requirements f The Internatinal Residential Cde (IRC) fr single-family hmes, duplexes, and twnhuses A fundatin checklist that may be used as a guide t assist yu and yur engineer t assure that the fundatin design cmplies with the IRC can be fund in appendix F. It is the respnsibility f the industrialized builder and the engineer t review the actual cde t assure that the fundatin is in cmpliance The Internatinal Building Cde fr all ther residential ccupancies Plans must indicate cmpliance with the mandatry building cdes adpted under the Texas IHB prgram Cmpliance with the HUD Handbk fr Permanent Fundatins r with FHA requirements is nt an acceptable alternative Plans may indicate cmpliance with FHA requirements and HUD handbk as lng as they als indicate cmpliance with the mandatry building cdes adpted under the Texas IHB prgram Permanent fundatin plans shall nt require r use grund anchrs Grund anchrs are cnsidered an alternate t the mandatry building cdes The Cuncil apprves alternates t the mandatry building cdes The Cuncil has nt apprved grund anchrs fr permanent fundatins Drainage, crawl space access, and crawl space ventilatin are all aspects f the fundatin and installatin f the hme that must be addressed in the plans The permanent fundatin shall be ne f the fllwing The typical prvided by the manufacturer and apprved by the Cuncil apprved third party knwn as a design review agency Texas Department f Licensing and Regulatin Page 9 f 16 Or

12 Industrialized Husing and Buildings - Residential Builder s Guide Revised August 31, 2005 A unique design frm a Texas licensed engineer r architect (shall be sealed by engineer r architect) General Installatin Requirements Deed restrictins are applicable and may restrict the installatin f an industrialized hme in a neighbrhd Site cnstructin must be perfrmed by persns licensed t d the wrk, i.e., plumbers, AC cntractrs, electricians Unique n site cnstructin details must be designed by a Texas licensed engineer r architect Municipal Authrity Reference sectins thrugh f the Occupatins Cde (IHB Statute) and see IHB Bulletin , Areas f Authrity Belnging t a Municipality (appendix H) Sectin f the Occupatins Cde Reservatin f Municipal Authrity Municipalities may nt treat industrialized husing differently frm site built husing except as prvided by sectin Municipal authrity is specifically and entirely reserved t a municipality as fllws Land use and zning requirements Building setback requirements Side and rear yard requirements Site planning and develpment and prperty line requirements Subdivisin cntrl Landscape architectural requirements Sectin f the Occupatins Cde Municipal Regulatin f Industrialized Husing and Buildings Municipalities have the authrity t require the fllwing fr all industrialized husing installed within their jurisdictin. Require and review, fr cmpliance with mandatry building cdes, a cmplete set f cnstructin dcuments Fundatin design shall be apprved by the city Regardless f city s apprval, fundatin must be permanent and nt include the use f grund anchrs Require that lcal permits and licenses be btained befre cnstructin begins Require that all mdules bear an apprved Texas decal Establish prcedures fr site inspectins f industrialized husing Sectin f the Occupatins Cde Municipal Regulatin f Industrialized Husing A municipality may adpt regulatins that apply nly t industrialized husing. The regulatins may require single-family r duplex industrialized husing t cmply with the fllwing. Have a value equal t r greater than the median taxable value fr each hme within 500 feet f the lt n which the industrialized huse will be installed Texas Department f Licensing and Regulatin Page 10 f 16

13 Industrialized Husing and Buildings - Residential Builder s Guide Revised August 31, 2005 Value means the taxable value f the industrialized husing and the lt after installatin f the husing Have exterir siding, rfing, rfing pitch, fundatin fascia, and fenestratin cmpatible with the hmes within 500 feet f the lt n which the industrialized huse will be installed Cmply with municipal aesthetic standards, building setbacks, side and rear yard ffsets, subdivisin cntrl, architectural landscaping, square ftage, and ther site requirements applicable t single-family husing Except as prvided by the abve, a municipality may nt adpt regulatins that are mre restrictive fr industrialized husing than fr husing cnstructed n site Site Inspectins Reference sectins f the Occupatins Cde, sectin f the Department Rules gverning Industrialized Husing and Buildings and the Building Site Inspectin Prgram a cpy f the Building Site Inspectin Prgram is prvided in Appendix B Sectin f the Occupatins Cde On-site inspectins Municipalities are respnsible fr inspecting all cnstructin invlving industrialized husing lcated within the jurisdictin f the municipality An apprved third party inspectr shall perfrm n-site inspectins f industrialized husing and buildings utside the jurisdictin f a municipality Wh is respnsible fr site inspectins? Inside the jurisdictin f a municipality Builder must cntact the city fr requirements fr site inspectins Inspectins perfrmed in accrdance with prcedures established by the city City may charge fees fr the perfrmance f site inspectins r require that the builder cntract with a Texas licensed engineer r architect fr the inspectin Outside the jurisdictin f a municipality Builder must cntract with an apprved third party inspectr fr all required inspectins Apprved third party inspectrs include thse registered with the IHB prgram and Texas licensed engineers and architects The industrialized builder may use a different third party inspectr fr different prjects, but may nt change the inspectr (r inspectin agency) fr a prject nce started withut written apprval frm the Department HUD, FHA, r licensed Real Estate Inspectrs are nt recgnized as acceptable third party inspectrs fr the perfrmance f site inspectins fr the IHB prgram What inspectins are required n-site utside the jurisdictin f a municipality? Minimum f 3 inspectin phases Fundatin inspectin After frms are cnstructed, steel reinfrcement is installed, but befre cncrete is pured Set Inspectin When the mdules are cnnected and fastened t the fundatin Final Inspectin When utility services are cnnected and tests are perfrmed Reinspectins may be required fr inspectin f crrective actins, if the inspectr is unable t inspect all aspects during any inspectin phase, r if the builder was nt ready fr the inspectin Texas Department f Licensing and Regulatin Page 11 f 16

14 Industrialized Husing and Buildings - Residential Builder s Guide Revised August 31, 2005 System testing in accrdance with the requirements f the mandatry building cdes must be witnessed by the inspectr Site inspectins are dcumented n the fllwing frms: TDLR Frm #053ihb, Site Inspectin Reprt Frm, used fr bth cmmercial and residential installatins [see Appendix C] TDLR Frm #067ihb, Residential Site Inspectin Checklist fr Industrialized Husing- General, Fundatin, and Structural residential installatins that fall under the IRC nly [see Appendix D] TDLR Frm #068ihb, Residential Site Inspectin Checklist fr Industrialized Husing- Energy, Mechanical, Plumbing, Gas, and Electrical Wrk Perfrmed at the Installatin Site residential installatins that fall under the IRC nly [see Appendix E] Remedial Actins Remedial actins fr failure t have an industrialized huse installed n a permanent fundatin r fr failure t have the site inspectins perfrmed as required by the law and Rules are set ut in the Building Site Inspectin Prgram (see Appendix B). Failure t cmply with the remedial actins specified may result in administrative penalties f up t $5,000 per vilatin per day. Remedial actin fr failure t have industrialized husing installed n a permanent fundatin Where an industrialized huse has nt been installed n a permanent fundatin r a Department review f the fundatin indicates that the fundatin des nt cmply with the requirements f the mandatry building cde, the industrialized builder r installatin permit hlder respnsible fr the fundatin and installatin shall be required t engage an engineer t evaluate and inspect the fundatin system. The engineer may r may nt be the same engineer wh prepared the fundatin design. The engineer shall be licensed in Texas and qualified t evaluate and inspect fundatins The engineer shall prepare a reprt t the Department detailing recmmendatins fr bringing the fundatin int cmpliance with the requirements f the IHB prgram fr a permanent fundatin and with the requirements f the mandatry building cde The industrialized builder r installatin permit hlder shall have the evaluatin and inspectin perfrmed and the reprt submitted t the Department within the time frame set by the Department Engineer s Reprt The reprt shall include, as a minimum, the fllwing. The engineer s name, Texas license number, and seal The name, address, and registratin number f the industrialized builder, r the name, address, and installatin permit number f the permit hlder The installatin address f the industrialized huse The serial numbers assigned by the manufacturer t the mdules that make up the industrialized huse (see data plate n huse) The Texas decal numbers f the decals affixed t the mdules that make up the industrialized huse (see data plate n huse) A descriptin f the existing fundatin The engineer s prfessinal pinin and recmmendatins f what steps need t be taken t bring the fundatin int cmpliance Texas Department f Licensing and Regulatin Page 12 f 16

15 Industrialized Husing and Buildings - Residential Builder s Guide Revised August 31, 2005 Actins taken The industrialized builder r installatin permit hlder shall take actin t bring the fundatin int cmpliance in accrdance with the recmmendatins utlined in the engineer s reprt and as apprved by the Department A time table apprved by the Department shall be established fr cmpleting the cnstructin required Inspectin f the wrk shall be perfrmed by the engineer wh evaluated the fundatin. An addendum t the evaluatin reprt shall be prepared by the engineer shwing successful cmpletin f the cnstructin The builder r installatin permit hlder shall submit the addendum t the Department within the time frame established fr cmpleting the cnstructin Failure t have the fundatin evaluatin and crrective cnstructin cmpleted and inspected within the time frame established by the Department may result in administrative penalties NOTE: In additin t the remedial actins, subsequent failures t have industrialized husing installed n a permanent fundatin may als result in administrative penalties f up t $5,000 per vilatin per day. Remedial actin fr failure t have site inspectins Fundatin Inspectin Where a fundatin inspectin has nt been perfrmed, the industrialized builder r installatin permit hlder respnsible fr the installatin shall be required t engage an engineer t evaluate and inspect the fundatin system and prepare a reprt t the Department. The industrialized builder r installatin permit hlder shall have the evaluatin and inspectin perfrmed and the reprt submitted t the Department within the time frame set by the Department. The engineer shall be licensed in Texas and qualified t evaluate and inspect fundatins. Engineer s Reprt: The reprt shall include, as a minimum, the fllwing. The site inspectin reprt, frm # s TDLR 053ihb [see appendix C] and TDLR 067ihb (IRC residential installatins) nly [see Appendix D] The engineer s name, Texas license number, and seal A descriptin f the existing fundatin, including the methd used t determine the cnfiguratin f the fundatin. As a minimum the engineer shall rely n inspectin and bservatin, testimny, and testing, where deemed necessary, t evaluate the fundatin The engineer s prfessinal pinin as t whether the fundatin is structurally adequate fr the huse r building at the lcatin installed. Where necessary the reprt shall include recmmendatins t bring the fundatin int cmpliance The engineer s prfessinal pinin as t whether the fundatin meets the requirements f the mandatry building cde. Where necessary the reprt shall include recmmendatins t bring the fundatin int cmpliance Actins taken: The industrialized builder r installatin permit hlder shall take actin t bring the fundatin int cmpliance in accrdance with the recmmendatins f the engineer wh evaluated the fundatin A time table, apprved by the Department, shall be established fr cmpleting the cnstructin required. Inspectin f the wrk shall be by the engineer wh evaluated the fundatin An addendum t the evaluatin reprt shall be prepared by the engineer shwing successful cmpletin f the cnstructin The builder r installatin permit hlder shall submit the addendum t the Department within the time frame established fr cmpleting the cnstructin Texas Department f Licensing and Regulatin Page 13 f 16

16 Industrialized Husing and Buildings - Residential Builder s Guide Revised August 31, 2005 Failure t have the fundatin evaluatin and crrective actin cmpleted and inspected within the time frame established by the Department may result in administrative penalties NOTE: In additin t the remedial actins, subsequent failures t have fundatin inspectins may als result in administrative penalties f up t $5,000 per vilatin per day. Remedial actin fr failure t have site inspectins Set and/r Final Inspectin Where a set inspectin r final inspectin has nt been perfrmed, the industrialized builder r installatin permit hlder shall engage a registered Texas third party inspectr r Texas licensed engineer r architect t perfrm the required inspectins and prepare a written inspectin reprt using frm # s TDLR 053ihb [see Appendix C], TDLR 067ihb (IRC residential installatins nly) [see Appendix D], and TDLR 068ihb (IRC residential installatins nly) [see Appendix E]. The industrialized builder r installatin permit hlder shall have the inspectins perfrmed and the reprt submitted t the Department within the time frame set by the Department Failure t have the set and/r final inspectin and crrective actin cmpleted within the time frame established by the Department may result in administrative penalties NOTE: In additin t the remedial actins, subsequent failures t have set r final inspectins perfrmed may als result in administrative penalties f up t $5,000 per vilatin per day. Web site Fr Mre Infrmatin THE TEXAS DEPARTMENT OF LICENSING AND REGULATION is the state s umbrella licensing agency, regulating diverse ccupatins and industries including Industrialized Husing and Buildings. Please visit the agency s web page at fr additinal infrmatin abut TDLR. Fr additinal infrmatin abut Industrialized Husing and Buildings see belw: INDUSTRIALIZED HOUSING AND BUILDINGS LAW: T view the Industrialized Husing and Buildings gverning statute visit INDUSTRIALIZED HOUSING AND BUILDINGS RULES: T view the Rules prmulgated under the Industrialized Husing and Buildings Law visit INDUSTRIALIZED HOUSING AND BUILDINGS FORMS: T view the list f frms fr Industrialized Husing and Buildings visit FREQUENTLY ASKED QUESTIONS: T view a list f the frequently asked questins fr Industrialized Husing and Buildings visit INDUSTRIALIZED HOUSING AND BUILDINGS PROGRAM PAGE: There are many ther items n the Industrialized Husing and Buildings prgram page that yu might find f interest. T view this page visit SEARCH OR DOWNLOAD LISTS OF VARIOUS INDUSTRIALIZED HOUSING AND BUILDINGS REGISTRANTS VIEW THE LIST OF THE AGENCY S ENFORCEMENT ACTIONS LINKS TO OTHER GOVERNMENT AGENCIES AND PROGRAMS Texas Department f Licensing and Regulatin Page 14 f 16

17 Industrialized Husing and Buildings - Residential Builder s Guide Revised August 31, 2005 Subscribe t industrialized husing and buildings ntificatin list T be ed updates n changes t the IHB prgram visit ur web site at: Lk t yur right and click n Updates and Infrmatin by and fllw the instructins fr subscribing Yu may als subscribe t ntificatins fr any f the ther statutes regulated by the Texas Department f Licensing and Regulatin Hw t Reach Us Mailing address: TEXAS DEPARTMENT OF LICENSING AND REGULATION, PO Bx 12157, Austin, TX Physical address: 920 Clrad St, Austin, TX Phne: Web address: (800) (in Texas nly) Industrialized Husing & Buildings Prgram industrialized.buildings@license.state.tx.us Dnna Lipke IHB Manager dnna.lipke@license.state.tx.us (512) Mark Eglestn IHB - Inspectr mark.eglestn@license.state.tx.us (512) Katherine Vaughan IHB Prgram Specialist katherine@license.state.tx.us (512) David Gnzales Building & Mechanical Manager david.gnzales@license.state.tx.us (512) Gerge Ferrie Directr f Cmpliance gerge.ferrie@license.state.tx.us (512) Other Fr infrmatin abut, r t purchase a cpy f the cdes adpted under the IHB prgram, cntact the Internatinal Cde Cuncil (ICC) at Fr infrmatin cncerning the requirements f the Texas Engineering Practice Act, r t find an engineer licensed in Texas, g t Fr infrmatin cncerning the requirements f the statute regulating the practice f Architecture, r t find an architect licensed in Texas, g t Fr infrmatin abut REScheck (energy cmpliance sftware frm the Department f Energy) g t Fr infrmatin abut manufactured husing (800) , (512) , r Appendices The fllwing appendices cntain infrmatin that describes and clarifies the requirements f the Texas IHB prgram as it relates t the installatin f industrialized husing. Appendix A Sample Builder s audit (4 pages) [revised April 2005] Appendix B Building Site Inspectin Prgram (6 pages) [revised May 2005, effective June 1, 2005] Texas Department f Licensing and Regulatin Page 15 f 16

18 Industrialized Husing and Buildings - Residential Builder s Guide Revised August 31, 2005 Appendix C Appendix D Appendix E Appendix F Building Site Inspectin Reprt Frm, frm #TDLR 053ihb (2 pages) [revised April 2005] Residential Site Inspectin Checklist fr Industrialized Husing, General, Fundatin, and Structural (2 pages) Residential Site Inspectin Checklist fr Industrialized Husing, Energy, Mechanical, Plumbing, Gas, and Electrical (3 pages) Residential Fundatin Checklist [plan review checklist] (3 pages) Appendix G What Every Builder Shuld Knw, frm #TDLR 048ihb (3 pages) [revised May 2005] Appendix H Bulletin , Areas f Authrity Belnging t a Municipality Industrialized Husing, frm #TDLR 047ihb) (3 pages) Appendix I Frequently Asked Questins (7 pages) [August 2005] Appendix J Bulletin #97-001, frm #TDLR 033ihb (3 pages) Texas Department f Licensing and Regulatin Page 16 f 16

19 Appendix A Sample Audit

20

21 TEXAS DEPARTMENT OF LICENSING AND REGULATION P.O. Bx Austin, Texas (512) [(800) In Texas Only] FAX (512) Address: industrialized.buildings@license.state.tx.us Internet Address: <Date> <Audit cntact> <Name> <Street address> <City, State> RE: Audit Reprt IHB- Registratin number Dear Registrant: In accrdance with Department Rule 70.50, an audit f units reprted as being sld t «Name» is being cnducted. The cmpleted reprt must be submitted t the Department n later than <Date Respnse Due>. Please review the attached reprt and cmplete the infrmatin fr the sectins indicated. Sectin II: D. Mnth & Year Installed: If the unit(s) were installed, enter the mnth and year unit was installed. E. Destinatin Infrmatin: 1. If the unit(s) were installed, enter the name f the recipient and the cmplete address where unit(s) were installed. 2. If unit(s) have nt been installed, (still n the sales lt) please indicate "in inventry ". 3. If yu did nt receive the unit(s) please verify with the manufacturer, then enter "Did nt Receive" in this sectin. F. Type f Structure: The use f the mdule, i.e., restaurant, schl building, classrm, ffice, single-family residence, equipment shelter, etc. G. Type f Installatin: 1. enter the type f fundatin system, either permanent r temprary, OR 2. If yu are nt respnsible fr the installatin, enter the builder registratin number r installatin permit number f the persn respnsible. The Department issues these numbers; (please reference Department rule Respnsibilities f the Registrants Building Site Inspectins) H. City: 1. If the unit was installed within the crprate limits f a city enter the name f the city respnsible fr the site inspectin. 2. If the unit was installed utside the crprate limits f a city, n a permanent fundatin, please prvide the fllwing: a. A cpy f the fundatin plans as designed by the manufacturer r as designed and stamped by a Texas prfessinal engineer r architect. (Please reference (e) f the IHB Rules). b. A cpy f the site inspectin reprt dne by ne f the fllwing: (Please reference 70.73(b) f the IHB Rules). 1. A prfessinal engineer r architect. 2. A third party inspectr licensed by this department. NOTE: HUD, FHA, r Texas real-estate inspectrs are nt acceptable inspectrs fr the perfrmance f the site inspectin. The inspectr must use the site inspectin reprt and inspectin checklists prvided t the builder at the time f registratin. These frms can als be dwnladed frm the website at: Austin Headquarters: E.O. Thmpsn State Office Building 920 Clrad Austin, Texas 78701

22 <Registrant name and Registratin #> Audit <Date f Audit> In additin t the attached audit reprt, please prvide evidence that the fllwing was prvided t the wner as required by 70.75(b) f the IHB Rules. (1) The name, Texas registratin number, and address f the manufacturer and industrialized builder (2) A descriptin f the lcatin f the data plate and explanatin f the infrmatin theren (3) The flr plan f the building and schematic drawings f the plumbing, electrical, and heating/ventilatin systems (4) A cmplete set f apprved plans and specificatins in accrdance with 70.70, including all recrds pertinent t alteratins f the huse r building in accrdance with (5) The lcatin f the decal(s) r insignia n the mdule r mdular cmpnents (6) A site plan shwing the n-site lcatin f all utilities and utility taps (7) A cmpleted signed cpy f the energy cmpliance checklist (reference Rule 70.75(a) (6)) (8) Evidence that the Department s name, address and phne number was n any written cntract fr services; r any bill fr services as required by 70.78(b) f the IHB Rules Failure t cmply with any f the abve infrmatin may result in a penalty f $5,000 maximum per vilatin per day. If yu have any questins r if I may be f any assistance please call me at (512) r me at katherine.vaughan@license.state.tx.us. Sincerely yurs, Katherine Vaughan, IHB Prgram Austin Headquarters: E.O. Thmpsn State Office Building 920 Clrad Austin, Texas 78701

23 Texas Department f Licensing and Regulatin PO Bx 12157, Austin, TX (512) [(800) In Texas Only] FAX: (512) Internet address: address: industrialized.buildings@license.state.tx.us INDUSTRIALIZED HOUSING AND BUILDINGS BUILDER S AUDIT REPORT May 11, 2005 If yu have any questins r if I may be f any assistance please call me at (512) r me at katherine.vaughan@license.state.tx.us. Sectin I Builder's Name: <Name> Reg # IHB-<Reg #> Address: <Street address> City, State and Zip: <City, State Zip> Frm Cmpleted By (please print): Sectin II A. Manufacturer's Name & Registratin # B. Decal r Insignia Number C. Unit ID Number (Serial Number) D. Mnth & Year unit installed E. Destinatin Infrmatin COMPLETE ADDRESS Phne: F. Type f Structure G. Type f Installatin H. City: Was the site wrk inspected by the city? (yes, n; if n see instructins) IHM-101, ABC Hmes, L.P A100 IHM-101, ABC Hmes, L.P B100 IHM-102, Mdular Hmes USA A Austin Headquarters: E.O. Thmpsn State Office Building 920 Clrad Austin, Texas 78701

24 <Registrant name and Registratin #> Audit <Date f Audit> A. Manufacturer's Name & Registratin # B. Decal r Insignia Number C. Unit ID Number (Serial Number) D. Mnth & Year unit installed E. Destinatin Infrmatin COMPLETE ADDRESS F. Type f Structure G. Type f Installatin H. City: Was the site wrk inspected by the city? (yes, n; if n see instructins) IHM-102, Mdular Hmes USA B Austin Headquarters: E.O. Thmpsn State Office Building 920 Clrad Austin, Texas 78701

25 Appendix B Building Site Inspectin Prgram

26

27 TEXAS DEPARTMENT OF LICENSING AND REGULATION COMPLIANCE DIVISION INDUSTRIALIZED HOUSING AND BUILDINGS P.O. Bx Austin, Texas (512) (800) FAX (512) Building Site Inspectin Prgram Revised: May 10, 2005 Effective: June 1, 2005 REFERENCES...1 PURPOSE...1 FOUNDATIONS...2 HOUSING AND BUILDINGS INSTALLED OUTSIDE THE JURISDICTION OF A MUNICIPALITY...2 HOUSING AND BUILDINGS INSTALLED WITHIN THE JURISDICTION OF A MUNICIPALITY...3 REMEDIAL ACTIONS...3 REPORTING TO THE DEPARTMENT...5 INSPECTION REPORTS...6 DEED RESTRICTIONS...6 Marginal Markings Slid vertical lines within the right hand margins f the prcedures indicate a revisin frm the previus prcedures. (a) (b) (c) REFERENCES A persn respnsible fr the installatin f an industrialized huse r building shuld be familiar with Texas Occupatins Cde, Chapter 1202, Industrialized Husing and Buildings; Chapter 70, Industrialized Husing and Buildings Rules; and the mandatry building cdes. Specific sectins f Texas Occupatins Cde, Chapter 1202, that are applicable t building site inspectins include, but are nt limited t, the fllwing: (1) , On-site Inspectins; (2) , Reservatin f Municipal Authrity; (3) , Municipal Regulatin f Industrialized Husing and Buildings; and (4) , Municipal Regulatin f Single-Family and Duplex Industrialized Husing. Specific sectins f the rules gverning Industrialized Husing and Buildings that are applicable t building site inspectins include, but are nt limited t, the fllwing: (1) 70.50, Manufacturer s and Builder s Mnthly Reprts (2) 70.62, Respnsibilities f the Lcal Building Official Building Site Inspectins; (3) 70.70(d) thrugh (f), Respnsibilities f the Registrants Manufacturer s Design Package; (4) 70.73, Respnsibilities f the Registrants Building Site Inspectins; (5) , Mandatry Building Cdes; (6) , Amendments t Mandatry Building Cdes; and (7) , Use and Cnstructin f Cdes. PURPOSE Site inspectins f industrialized husing and buildings are perfrmed t assure that: (a) (b) (c) the site wrk is cmpleted in accrdance with the Texas Industrialized Building Cde Cuncil (Cuncil) apprved r unique n-site dcumentatin and all applicable cdes; unique fundatin designs and n-site details used have been apprved by a Texas registered engineer r architect; and all tests required by apprved n-site dcumentatin and mandatry building cdes are perfrmed. Page 1 f 6

28 Building Site Inspectin Prgram Revised: May 10, 2005 Effective: June 1, 2005 (a) (b) (c) (a) (b) (c) FOUNDATIONS General All fundatins shall be designed and cnstructed in accrdance with the mandatry building cdes. A permanent fundatin system is ne that is designed t meet the applicable building cde as set frth in department rules and Permanent Fundatins Industrialized husing is required by law t be installed n a permanent fundatin. If the manufacturer s typical fundatin is nt suitable fr a specific site, then the fundatin shall be designed by a Texas licensed engineer r architect. The use f grund anchrs is nt apprved fr permanent fundatins. Temprary Fundatins (nt apprved fr industrialized husing) The Cuncil has apprved, as an alternate t the mandatry building cdes, the use f grund anchrs fr temprary, r nn permanent, fundatins f cmmercial buildings subject t the apprval f, r acceptance by, the lcal authrities. The plans and specificatins fr a temprary fundatin system shall include: (1) a sil investigatin reprt prepared by a qualified engineer; r, if the exact site lcatin is unknwn, a descriptin f the sil type fr which the anchring system is suitable; (2) structural calculatins and related plans prepared by a qualified engineer; and (3) specificatins fr adequate crrsin prtectin fr the anchrs and assciated tie-dwn system. HOUSING AND BUILDINGS INSTALLED OUTSIDE THE JURISDICTION OF A MUNICIPALITY A site inspectin is: (1) required fr the first installatin f industrialized husing and permanent industrialized buildings; (2) required fr each installatin f industrialized buildings designed t be mved frm ne cmmercial site t anther cmmercial site unless the industrialized building is nt installed n a permanent fundatin and either: (A) (B) is nt pen t the public; r is less than 1500 square feet in ttal area and nt used as a schl r place f religius wrship; and (3) nt required fr the installatin, n permanent fundatins, f unccupied industrialized buildings with a grss area f less than r equal t 400 square feet, such as cmmunicatin equipment shelters, that are nt als classified as a hazardus ccupancy by the mandatry building cde. Inspectin persnnel Site inspectins f IHB units shall be perfrmed by a Texas registered third party inspectr r Texas licensed engineer r architect. A list f Texas apprved third party inspectrs is available frm the Department and may be dwnladed frm the agency s web site at The industrialized builder, r installatin permit hlder, may use a different inspectr fr different prjects, but may nt change the inspectr fr a prject nce started withut the written apprval f the Department. Scheduling f inspectins The industrialized builder, r installatin permit hlder, shall schedule site inspectins t assure that cnstructin is bserved in at least the fllwing phases. Additinal inspectins shall be scheduled as required fr larger structures r prjects and t inspect cnstructin perfrmed t crrect discrepancies. The final inspectin shall be cmpleted within 180 days f the start f cnstructin. The Department may grant an extensin upn receipt f a written request that demnstrates a justifiable cause. (1) Fundatin After frms are cnstructed, steel reinfrcement is installed, but befre cncrete is pured. Page 2 f 6