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 attached during the month.

   1. (1) The report shall be filed in a format required by the department by no later than the 10th day of the following month.
   2. (2) The manufacturer shall keep a copy of the monthly report on file for a minimum of five years.
   3. (3) 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.

   4. (4) The report shall contain:

      1. (A) the serial or identification number of the units;
      2. (B) the decal or insignia number attached to each identified unit;
      3. (C) 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(3) shall apply when an installation permit is reported in lieu of the registration number of an industrialized builder;
      4. (D) the date the decal or insignia was attached to the unit;
      5. (E) an identification of the use of the structure for which the units are designed. For example, will the complete structure be used as a single family residence, a classroom or school, a duplex, a church, a restaurant, an equipment shelter, a bank building, a hazardous storage building, etc. Modular building, kiosk and similar terms are not to be used to describe the use of the completed building;
      6. (F) any other information the department may require; and
      7. (G) an indication of zero units if there was no activity for the reporting month.
   5. (5) A manufacturer that takes possession of units that have not been installed, but that were previously reported as shipped, shall report the disposition of those units on the manufacturer's monthly report.

2. (b) Each industrialized builder shall keep records of all industrialized housing, buildings, modules, and modular components that were sold, leased, or installed.

   1. (1) 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 industrialized 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.

   2. (2) An annual audit of units sold, leased, or installed by industrialized 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 industrialized 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. (A) Evidence of compliance with §70.75.
      2. (B) The address where each unit was installed. If the industrialized 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. (C) Date construction began at the installation site.
      4. (D) Date of occupation by owners or leasers or date released to owners or leasers for occupation.
      5. (E) The occupancy use of each building containing modules or modular components. For example, is the building used as a classroom or school, a restaurant, a bank, an equipment shelter, a single-family residence, etc.

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

         1. (i) shall keep a copy of the foundation plans;
         2. (ii) shall keep a copy of any unique on-site construction plans;
         3. (iii) shall keep a copy of the site inspection report in accordance with §70.73 or evidence of the city responsible for the site inspection, such as a permit number or copy of a certificate of occupancy; and
         4. (iv) give a copy of these documents or information to the department upon request.

      7. (G) If the industrialized builder is not responsible for all of the construction related to the installation and site work, then the industrialized builder:

         1. (i) shall keep a copy of the engineered construction plans for that portion of the construction work for which he is responsible;
         2. (ii) shall keep a copy of the site inspection report for that portion of the construction work for which he is responsible in accordance with §70.73 or evidence of the city responsible for the site inspection, such as a permit number or copy of a certificate of occupancy; and
         3. (iii) shall give a copy of these documents or information to the department upon request.
      8. (H) If the industrialized builder is not responsible for the installation and site work, or if the industrialized builder has transferred or sold the unit to another person, then the industrialized builder shall provide identification of the installation permit number, assigned by the department, or industrialized builder registration number, assigned by the department, of the person responsible.
3. (c) Each REF builder shall keep records of all REFs constructed for a minimum of 10 years and provide a copy of these records to the department upon request. At a minimum the records shall include copies of the approved construction documents, inspection reports, and construction address for each REF.
4. (d) An installation permit holder shall keep a copy of the foundation plans and other construction 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; amended to be effective June 1, 2006, 31TexReg 4420; amended to be effective January 1, 2010, 34 TexReg 9409.