Industrialized Housing and Buildings

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Adoption of New Editions of Mandatory Building Codes

The Texas Industrialized Building Code Council approved the adoption of later editions of the mandatory building codes at their meeting of August 22, 2016.  The proposal to adopt the codes was posted in the Texas Register on November 18, 2016.  No comments related to adoption of the codes were received on the proposed changes and the Texas Commission of Licensing and Regulation approved the rules on January 27, 2017.

The effective date of adoption of the following codes is August 1, 2017.

  • International Building Code (IBC), 2015 Edition
  • International Residential Code (IRC), 2015 Edition
  • International Fuel Gas Code (IFGC), 2015 Edition
  • International Mechanical Code (IMC), 2015 Edition
  • International Plumbing Code (IPC), 2015 Edition
  • International Energy Conservation Code (IECC), 2015 Edition
  • National Electrical Code (NEC), 2014 Edition
  • International Existing Building Code (IEBC), 2015 Edition

Amendments adopted to the above codes can be found on our website.

The following information is also available on our website:

Adoption of amendments to IHB Administrative Rules

The Texas Commission of Licensing and Regulation adopted the repeal of current rules at 16 Texas Administrative Code, Chapter 70, §70.100 and §70.101 and adopted new rules at 16 Texas Administrative Code, Chapter 70, §70.100 and §70.101 regarding the Industrialized Housing and Buildings Program. The adoption justification is online and the adopted rule chapter will be made available upon its effective date of August 1, 2017.


RULE REVIEW─ADOPTION JUSTIFICATION

Chapter 70. Industrialized Housing and Buildings program
(effective March 15, 2017)

The Texas Department of Licensing and Regulation (Department) filed a Notice of Intent to Review and consider for re-adoption, revision, or repeal, Title 16, Texas Administrative Code (TAC), Chapter 70, relating to the Industrialized Housing and Buildings program. The Notice of Intent to Review was published in the December 30, 2016, issue of the Texas Register (41 TexReg 10677). The public comment period closed on January 30, 2017.

Texas Government Code, §2001.039 requires state agencies to review their rules every four years to determine if the reasons for initially adopting the rules continue to exist. The rules implementing the Industrialized Housing and Buildings Program under Occupations Code, Chapters 51 and 1202, are scheduled for this four-year review.

The Department has reviewed these rules and has determined that the rules are still essential in implementing the statutory provisions of Occupations Code, Chapters 51 and 1202, Industrialized Housing and Buildings. The rules provide details that are not found in the program statute but are necessary for implementation and operation of this program. For example, the rules detail the licensing requirements, responsibilities of licensees, and the fees that are specific to this program.

The Department received two public comments. Oak Creek Homes, a modular home builder, stated that TDLR assesses punitive fines without the opportunity to cure violations; that the Department application of the International Residential Code as a performance standard is in conflict with standard warranty contract provisions, which effectively allows the Department to develop rules on an Ad Hoc basis; that the Department lacks a process to notify the manufacturer or builder of a consumer complaint inspection; that the time frame for investigations of consumer complaints is excessively lengthy; that the fine structure is arbitrary and set by a prosecutor with no specialized knowledge of the processes; and that quarterly auditing of all modular units is overly burdensome and causes a staggering amount of unnecessary paperwork. The Texas Manufactured Housing Association, a trade association of the manufactured and industrialized housing industries, requests the Department to re-examine existing policies, fees, timing of approval processes for new manufacturers and builder registrations, as well as new home designs with respect to industrialized housing, which can be sited in municipalities on par with site-built home construction, since industrialized housing incurs costs associated with registration, maintaining records, compliance, fees and other costs that a site-builder does not incur from a state regulatory agency; that the Department review the amount of time it takes to certify new home model plans, authorize new builders and manufacturers, conduct home inspections and resolve complaints; that market polices be set so that industrialized housing can compete naturally in the market compared to the single-lot site-built home construction industry, which is unburdened by a state level of regulation; that the Department revise its current complaint, inspection, and reporting process to cease conducting any consumer complaint investigations based on alleged construction code violations for homes the Department is aware of, or becomes aware are the subject of and/or to civil litigation; that the passage of S.B. 672 which created a new definition, “final on-site inspection report” and new provisions in §70.73 and §70.70 were not called for, are unnecessary, operate to subvert the two-year jurisdictional limit on enforcement action in the statute, are not adhered to, and that instead of repealing the rules, a more sensible, less burdensome regulation be considered as a benefit to the industry and housing supply in Texas. The comments will be taken under consideration as part of any possible rule changes in the future.

At its meeting on March 1, 2017, the Texas Commission of Licensing and Regulation (Commission), the Department’s governing body, readopted the rules at 16 TAC, Chapter 70 Industrialized Housing and Buildings program, in their current form. As a result of this review process, the Department may propose amendments in the future that may further clarify or supplement the existing rules. Any future proposed changes to the rules will be published in the Proposed Rules section of the Texas Register and will be open for public comment prior to final adoption by the Commission in accordance with the requirements of the Administrative Procedure Act, Texas Government Code, Chapter 2001.

The rules are re-adopted by the Commission in accordance with Texas Government Code §2001.039. This concludes the review of 16 TAC, Chapter 70, Industrialized Housing and Buildings program.

Issued in Austin, Texas, on March 15, 2017.

Brian E. Francis
Executive Director
Texas Department of Licensing and Regulation


Industrialized Builders are required to present the purchaser of an industrialized house information regarding the limits for filing consumer complaints on industrialized housing and a copy of the final on-site inspection report as defined in 70.10(a) of the administrative rules. TDLR developed a form to help industrialized builders comply with the new administrative rule requirements. Download Consumer Notice, form IHB600. Industrialized builders are not required to use this form, but they are required to notify and provide the consumer specific documents and information in accordance with 70.78(c) of the rules governing industrialized housing and buildings.

Technical Bulletin #IHB TB 12-01, concerning duct testing in residential occupancies, has been revised to clarify that this change affects industrialized buildings that are classified as Group R-2, R-3, and R-4 occupancies as well as one- and two-family dwellings. Download Technical Bulletin #IHB TB 12-01

'Man camp' is the term currently being used in the modular industry to describe buildings constructed for use of employees of companies involved in oil and gas exploration. These are generally transient lodging buildings and related structures such as dining facilities, commercial kitchens, laundry rooms, and recreation buildings. These buildings are generally covered by the IHB law and rules unless they meet the exemptions in §1202.001 through 1202.003. TDLR has prepared a PowerPoint presentation that outlines the requirements of the IHB law and rules as they apply to these buildings. The PowerPoint presentation can be viewed online. The presentation is also available for download as a PDF (963 KB).