Texas Administrative Code
Title 16 - ECONOMIC REGULATION
Part 4 - TEXAS DEPARTMENT OF LICENSING AND REGULATION
Chapter 70 - INDUSTRIALIZED HOUSING AND BUILDINGS
Section 70.60 - Responsibilities of the Department - Plant Certification
Current through Reg. 49, No. 12; March 22, 2024
(a) Each separate manufacturing facility will go through a certification inspection before decals or insignia will be released to the manufacturer.
(b) A change in address of a certified manufacturer will require review and possible recertification or partial certification inspection of the plant at the new location.
(c) The executive director may authorize 100% inspection of industrialized housing or buildings constructed by an uncertified manufacturer in lieu of certification and a compliance control program as required by § RSA 70.70(c) in accordance with the following.
(d) The plant certification inspection will be conducted by a certification team designated by the department. The team shall consist of:
(e) The team leader may not be an employee of the third party inspection agency (TPIA) responsible for regular in-plant inspections of the manufacturer or the design review agency (DRA) responsible for review of the manufacturer's design package. The following persons may not solicit, offer, or agree to provide future design review or in-plant inspection services for the manufacturer prior to the manufacturer completing all certification requirements:
(f) The inspection shall be conducted in accordance with the procedures established by the council. A certification inspection has two primary purposes:
(g) The team will become familiar with all aspects of the manufacturer's approved design package. Structures on the production line will be checked to assure that failures to conform located by the certification team are being located by the plant compliance control program and are being corrected by the plant personnel. The certification team will work closely with the plant compliance control personnel to assure that the approved design package and compliance control manuals for the facility are clearly understood and followed. If deemed necessary by the certification team, a representative of the design review agency must be present during the inspection. At least one module or modular component containing all systems, or a combination of modules or modular components containing all systems, shall be observed during all phases of construction. The team must inspect all modules or modular components in the production line for Texas during the certification. The plant certification inspection will terminate when the certification team has fully evaluated all aspects of the manufacturing facility.
(h) The certification team will issue a plant certification, or facility evaluation, report to the manufacturer when the department has determined that the manufacturer has met the requirements for certification. A copy of the plant certification report will also be forwarded to the third party inspection agency responsible for in-plant inspections. The manufacturer and third party inspection agency will be responsible for ensuring that all conditions of certification as outlined in the certification report are met. The manufacturer must keep a copy of this report in their permanent records. The report will contain, at a minimum, the following information:
(i) A manufacturer that wishes to construct modules or modular components outside the scope of the manufacturer's certification must successfully complete a certification update inspection for the aspects of construction for which the manufacturer is not currently certified.
(j) If the department determines that the manufacturer is not capable of meeting the certification requirements or that the manufacturer is unable to complete the certification inspection requirements, then the certification team will issue a non-compliance report. The non-compliance report will detail the specific areas in which the manufacturer was found to be deficient and may make recommendations for improvement.
(k) If any personnel of a design review agency or third party inspection agency participate as members of a certification team, the agency is considered a participant in the certification team and is responsible for compliance with Texas Occupations Code, Chapter 1202, rules adopted by the commission, and decision, actions, and interpretations of the council in performing the certification, inspection and related activities.