Manufacturers and industrialized builders shall not engage in any business activity relating to the construction or location of industrialized housing or buildings without being registered with the department.

1. (1) An application for registration shall be submitted on a form supplied by the department, and shall contain such information as may be required by the department. The application must be verified under oath by the owner of a sole proprietorship, the managing partner of a partnership, or the officer of a corporation. The application must be accompanied by the fee set forth in §70.80.
2. (2) The industrialized builder shall verify under oath at the time of registration that the alteration, foundation and installation of all units installed under this registration shall be constructed in accordance with the mandatory building codes, the engineered plans, and department rules, and shall be inspected in accordance with the inspection procedures established by the Texas Industrialized Building Code Council.
3. (3) A person who purchases an industrialized house or building, or modular component, for his/her own use and who assumes responsibility for the installation of the industrialized house or building may file for an installation permit in lieu of registering as an industrialized builder. A person who purchases an industrialized housing or buildings, or modular components, for sale or lease to the public may not file for an installation permit. The application shall be submitted on a form supplied by the department and shall contain such information as may be required by the department. A separate application must be submitted for each building containing industrialized housing and buildings modules or modular components. The application must be accompanied by the fee set forth in §70.80.
4. (4) The registration of a manufacturer or industrialized builder shall be valid for 12 months and must be renewed annually. Every corporate entity must be separately registered. Each separate manufacturing facility must be registered; a manufacturing facility is separate if it is not on property that is contiguous to a registered manufacturing facility. An industrialized builder must register each separate sales office but is not required to register each job location.

5. (5) A registered manufacturer or industrialized builder shall notify the department in writing within 10 days if:

   1. (A) the corporate or firm name is changed;
   2. (B) the main address of the registrant is changed;
   3. (C) there is a change in 25% or more of the ownership interest of the company within a 12-month period;
   4. (D) the location of any manufacturing facility is changed;
   5. (E) a new manufacturing facility is established;
   6. (F) there are changes in principal officers of the firm ; or
   7. (G) an industrialized builder transfers or sells a module or modular component to another industrialized builder.
   8. (H) an industrialized manufacturer takes possession of units previously reported as shipped to an industrialized builder.
6. (6) An application for original registration or renewal may be rejected if any information contained on, or submitted with, the application is incorrect. The certificate of registration may be revoked or suspended or a penalty or fine may be imposed for any violation of Chapter 1202, the rules and regulations in this chapter or administrative orders of the department, or the instructions and determinations of the council in accordance with §70.90 and §70.91.

Source Note:The provisions of this §70.20 adopted to be effective April 13, 1990, 15 TexReg 1787; amended to be effective July 13, 1990, 15 TexReg 3741; amended to be effective April 9, 1991, 16 TexReg 1817; amended to be effective November 16, 1993, 18 TexReg 7925; amended to be effective March 16, 1998, 23 TexReg 1305; amended to be effective June 13, 2001, 26 TexReg 4092; amended to be effective December 1, 2003, 28 TexReg 10458; amended to be effective May 17, 2004, 29 TexReg 4867; amended to be effective June 1, 2006, 31 TexReg 4420.