1. (a) The manufacturer shall submit a monthly report to the department, of all industrialized housing, buildings, modules, and modular components that were constructed and to which decals and insignia were applied during the month. The manufacturer shall keep a copy of the monthly report on file for a minimum of five years. Any corrections to reports previously filed shall clearly indicate the corrections to be made and the month and date of the report that is being corrected. The report shall contain:

   1. (1) the serial or identification number of the units;
   2. (2) the decal or insignia number assigned to each identified unit;
   3. (3) the name and registration number of the industrialized builder (as assigned by the department), or the installation permit number (as assigned by the department) of the person, to whom the units were sold, consigned, and shipped. The requirements contained in §70.20(2) shall apply when an installation permit is reported in lieu of the registration number of an industrialized builder;
   4. (4) the date the decal or insignia was affixed (physically attached or applied) to the unit;
   5. (5) an identification of the type of structure for which the units are to be used, e.g., single family residence, duplex, restaurant, equipment shelter, bank building, hazardous storage building, etc.;
   6. (6) any other information the department may require; and
   7. (7) an indication of zero units if there was not activity for the reporting month.

2. (b) Each industrialized builder shall keep records of all industrialized housing, buildings, modules, and modular components that were sold, leased, or installed. These records shall be kept for a minimum of ten years from the date of successful completion of the final site inspection and shall be made available to the department for review upon request. If the builder is not responsible for the installation, then the records shall be maintained for a period of 5 years from the date of sale or lease and shall be made available to the department upon request. An annual audit of units sold, leased, or installed by the builders shall be conducted by the Department. The audit will identify the modules or modular components by the name and Texas registration number of the manufacturer of each unit and the assigned Texas decal or insignia numbers and the corresponding identification, or serial numbers, as assigned by the manufacturer. The builder shall report, or provide, the following information to the Department for each unit identified in the audit within the timeframe set by the audit.

   1. (1) Evidence of compliance with §70.75.
   2. (2) The address where each unit was installed. If the builder is not responsible for the installation, then the address to where each unit was delivered. If the unit has not been installed, then the address where the unit is stored .
   3. (3) The occupancy use of each building containing modules or modular components, i.e., classroom, restaurant, bank, equipment shelter, etc.

   4. (4) If the builder is responsible for the installation and site work, then the builder:

      1. (A) shall, for units installed outside the jurisdiction of a municipality, keep a copy of the foundation plans and keep a copy of the site inspection report in accordance with §70.73. A copy of these documents shall be made available to the department upon request; or
      2. (B) shall, if installed within the jurisdiction of a municipality, provide the name of the city responsible for the site inspection. The department may also request a copy of the foundation plans as part of the audit.
   5. (5) If the builder is not responsible for the installation and site work, or if the builder has transferred the ownership of the unit to another person, then the builder shall provide identification of the installation permit number, assigned by the Department, or builder registration number, assigned by the Department, of the person responsible.
3. (c) The manufacturer's monthly reports must be filed with the department no later than the 10th day of the following month.
4. (d) An installation permit holder shall keep a copy of the foundation plans and, for units installed outside the jurisdiction of a municipality, the site inspection report in accordance with §70.73 for a period of ten years from the date of successful completion of the final inspection of the industrialized house or building. A copy of these records shall be provided to the department upon request.

Source Note:The provisions of this §70.50 adopted to be effective April 13, 1990, 15 TexReg 1787; amended to be effective July 13, 1990, 15 TexReg 3741; amended to be effective August 1, 1996, 21 TexReg 6619; amended to be effective March 16, 1998, 23 TexReg 1305; amended to be effective September 13, 1999, 24 TexReg 7224; amended to be effective June 13, 2001, 26 TexReg 4092; amended to be effective August 14, 2002, 27 TexReg 7103; amended to be effective May 17, 2004, 29 TexReg 4867; amended to be effective October 3, 2004, 29 TexReg 9182.