DRA Guide to Decisions and Interpretations of the Council, Part 3 - DRA Monitoring

Part III – DRA Monitoring

Objectives

Contents of Monitoring Reports

Responses to Monitoring Reports

Failure to Respond to a Monitoring Report

Unsatisfactory Response

Failure to Comply with Council Interpretations, Decisions, or Directives

Objectives

Monitoring reviews are technical reviews, performed by the Department, of DRA approved documents forwarded to the Department by the DRA.  The objective of these reviews is to ensure the following:

1. That design packages for Industrialized Housing and Buildings modules and modular components conform to the mandatory building codes, the Industrialized Housing and Buildings statute, and the rules governing the IHB program

2. That the DRA consistently and uniformly implements the policies and procedures of the Council with regard to interpretations of the mandatory building codes

3. That the compliance control manuals and associated revisions are compatible with the designs to be constructed in each manufacturing facility and commit the manufacturer to make adequate inspections and tests of every part of every module and modular component

4. That the DRA does not provide design services or prepare compliance control manuals for manufacturers for whom it acts as a design review agency

Contents of Monitoring Reports

Each report shall be assigned a file number for tracking purposes.  The report shall contain the following information:

1. The name and registration number of the manufacturer whose documents were reviewed

2. The name and registration number of the DRA responsible for review and approval of the documents

3. The name and phone number of the Department reviewer responsible for the report

4. A description of the documents reviewed, including the approval date of each document

5. The code section or other reference which the Department reviewer believes has not been met

6. A description of the deviation or nonconformance

A cover letter sent with the report will set the time limit for responding to the report.  A copy of the letter and report shall be also forwarded to the manufacturer.

Responses to Monitoring Reports

The DRA shall respond to the report within the time frame set.  Approved documents submitted in response to the report shall be transmitted to the Department with a “Transmittal Sheet for Texas Approved Documents” in accordance with Part II – Plan Review and Approval.  The file number of the report as assigned by the Department will be included on all correspondence from the DRA and on the “Transmittal Sheet for Texas Approved Documents” submitted to the Department in response to the monitoring report.

The response shall address each deviation in the report in accordance with one of the following options:

1. Provide evidence that the deviation conforms to the mandatory buildings codes, Department rules, the IHB statute, or Council interpretations or directives

2. Provide approved revised documents that conform to the mandatory buildings, Department rules, the IHB statute, or Council interpretations or directives

3. Indicate that the manufacturer has been required to revise the document or documents in questions to conform to the mandatory building codes, Department rules, the IHB statute, or Council interpretations or directives.  Revisions shall be made in a timely manner and the response shall indicate a date by which all revisions will be completed and how compliance will be assured during the interim

4. Rescind approval of the documents if the manufacturer refuses to bring them into compliance

Failure to Respond to a Monitoring Report

A complaint case shall be opened with the Department’s Enforcement Division on any DRA who fails to respond to a DRA Monitoring Report.

Unsatisfactory Response

If the Department and the DRA can not reach a consensus on an item questioned on a DRA monitoring report, then the report shall be forwarded to the Council for disposition.  A complaint case shall be opened with the Department’s Enforcement Division if the Council finds in favor of the Department and the DRA fails to comply with the Council’s decision within the time frame set by the Council.

Failure to Comply with Council Interpretations, Decisions, or Directives

Upon identification of approved documents that indicates that a DRA has failed to enforce interpretations, decisions, or directives of the Council, the DRA shall be given 20 days to show how the questioned documents comply or to have the manufacturer bring the documents into compliance prior to opening a complaint case with the Department’s Enforcement Division.