1. (a) The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

   1. (1) Act--Texas Civil Statutes, Article 5221f-1.
   2. (2) Building site--A lot, the entire tract, subdivision, or parcel of land on which industrialized housing or buildings are sited.
   3. (3) Building system--The design and/or method of assembly of modules or modular components represented in the plans, specifications, and other documentation which may include structural, electrical, mechanical, plumbing, fire protection, and other systems affecting health and safety.
   4. (4) Closed construction--That condition where any industrialized housing or building, modular component, or portion thereof is manufactured in such a manner that all portions cannot be readily inspected at the site without disassembly or destruction thereof.
   5. (5) Commercial structure--An industrialized building classified by the applicable model code for occupancy and use groups other than residential for one or more families.
   6. (6) Commissioner's designee--A person appointed by the commissioner to act in a capacity of authority.
   7. (7) Compliance Control Program--The manufacturer's system, documentation, and methods of assuring that industrialized housing, buildings, and modular components, including their manufacture, storage, handling, and transportation conform with the Act and this chapter.
   8. (8) Component--A sub-assembly, subsystem, or combination of elements for use as a part of a building system or part of a modular component that is not structurally independent, but may be part of structural, plumbing, mechanical, electrical, fire protection, or other systems affecting life safety.
   9. (9) Decal--The approved form of certification issued by the department to the manufacturer to be permanently affixed to the module indicating that it has been constructed to meet or exceed the code requirements and in compliance with these sections.
   10. (10) Design package--The aggregate of all plans, designs, specifications, and documentation required by these sections to be submitted to the design review agency, or required by the design review agency for compliance review, including the compliance control manual and the on-site construction documentation. Unique or site specific foundation drawings and special on-site construction details prepared for specific projects are not a part of the design package except as expressly set forth in §70.74 of this title (relating to Alterations and Deviations).
   11. (11) Design review agency--An approved organization, private or public, determined by the council to be qualified by reason of facilities, personnel, experience, demonstrated reliability to review designs, plans, specifications, and building systems documentation, and to certify compliance to these sections evidenced by affixing the council's stamp. The Act designates the department as a design review agency.
   12. (12) ICC--International Code Council, Inc., 5203 Leesburg Pike, Suite 708, Falls Church, Virginia 22041-3401.
   13. (13) ICBO--International Conference of Building Officials, 5360 Workman Mill Road, Whittier, California 90601.
   14. (14) Industrialized builder--A person who is engaged in the assembly, connection, and on-site construction and erection of modules or modular components at the building site or who is engaged in the purchase of industrialized housing or buildings or of modules or modular components from a manufacturer for sale or lease to the public; a subcontractor of an industrialized builder is not a builder for purposes of these sections.
   15. (15) Insignia--The approved form of certification issued by the department to the manufacturer to be permanently affixed to the modular component indicating that it has been constructed to meet or exceed the code requirements and in compliance with the sections in this chapter.
   16. (16) Installation--On-site construction (see paragraph (32) of this section).
   17. (17) Installation permit--A license issued by the department to a person who is not registered as an industrialized builder, but who is responsible for the installation of industrialized housing or buildings or of modules or modular components and who is not engaged in the purchase of industrialized housing or buildings or of modules or modular components for sale or lease to the public.
   18. (18) Lease, or offer to lease--A contract or other instrument by which a person grants to another the right to possess and use for a specified period of time in exchange for payment of a stipulated price.
   19. (19) Local building official--The agency or department of a municipality or other local political subdivision with authority to make inspections and to enforce the laws, ordinances, and regulations applicable to the construction, alteration, or repair of residential and commercial structures.
   20. (20) Manufacturer--A person who constructs or assembles modules or modular components at a manufacturing facility which are offered for sale or lease, sold or leased, or otherwise used.
   21. (21) Manufacturing facility--The place other than the building site, at which machinery, equipment, and other capital goods are assembled and operated for the purpose of making, fabricating, constructing, forming, or assembly of industrialized housing, buildings, modules, or modular components.
   22. (22) Model--A specific design of an industrialized house, building, or modular component which is based on size, room arrangement, method of construction, location, arrangement, or size of plumbing, mechanical, or electrical equipment and systems therein in accordance with an approved design package.
   23. (23) Module--A three dimensional section of industrialized housing or buildings, designed and approved to be transported as a single section independent of other sections, to a site for on-site construction with or without other modules or modular components.
   24. (24) NFPA--National Fire Protection Association, Batterymarch Park, Quincy, Massachusetts 02269.
   25. (25) Nonsite specific building--An industrialized house or building for which the permanent site location is unknown at the time of construction.
   26. (26) On-site construction--Preparation of the site, foundation construction, assembly and connection of the modules or modular components, affixing the structure to the permanent foundation, connecting the structures together, completing all site-related construction in accordance with designs, plans, specifications, and on-site construction documentation.
   27. (27) Open construction--That condition where any house, building, or portion thereof is constructed in such a manner that all parts or processes of manufacture can be readily inspected at the building site without disassembly, damage to, or destruction thereof.
   28. (28) Permanent foundation system--A foundation system for industrialized housing or buildings designed to meet the applicable building code as set forth in §70.100 of this title (relating to Mandatory State Codes) and §70.102 of this title (relating to Use and Construction of Codes).
   29. (29) Person--An individual, partnership, company, corporation, association, or any other legal entity, however organized.
   30. (30) Price--The quantity of an item that is exchanged or demanded in the sale or lease for another.
   31. (31) Public--The people of the state as a whole to include individuals, companies, corporations, associations or other groups, however organized, and governmental agencies.
   32. (32) Registrant--A person who, or which, is registered with the department pursuant to the rules of this chapter as a manufacturer, builder, design review agency, third party inspection agency, or third party inspector.
   33. (33) Residential structure--Industrialized housing designed for occupancy and use as a residence by one or more families.
   34. (34) Sale, sell, offer to sell, or offer for sale--Includes any contract of sale or other instrument of transfer of ownership of property, or solicitation to offer to sell or otherwise transfer ownership of property for an established price.
   35. (35) SBCCI--Southern Building Code Congress International, Inc., 900 Montclair Road, Birmingham, Alabama 35213.
   36. (36) Site or building site--A lot, the entire tract, subdivision, or parcel of land on which industrialized housing or buildings are sited.
   37. (37) Special conditions and/or limitations--On-site construction documentation which alerts the local building official of items, such as handicapped accessibility or placement of the building on the property, which may need to be verified by the local building official for conformance to the mandatory state codes.
   38. (38) Structure--An industrialized house or building which results from the complete assemblage of the modules, modular components, or components designed to be used together to form a completed unit.
   39. (39) Third party inspector--An approved person or agency, private or public, determined by the council to be qualified by reason of facilities, personnel, experience, demonstrated reliability, and independence of judgement to inspect industrialized housing, buildings, and portions thereof for compliance with the approved plans, documentation, compliance control program, and applicable code.
2. (b) Other definitions may be set forth in the text of the sections in this chapter. For purposes of these sections, the singular means the plural, and the plural means the singular.

Source Note:The provisions of this §70.10 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 December 6, 1994, 19 TexReg 9295; amended to be effective December 20, 2000, 25 TexReg 12385.