1. (a) If the commissioner finds that the standards prescribed by the statute or rules and regulations of another state meet the objectives of Texas Civil Statutes, Article 5221f-1, and are satisfactorily enforced by that state or its agents, then the commissioner may enter a reciprocal agreement with that state to authorize building inspections of industrialized houses or buildings constructed in that state to be performed by an inspector of the equivalent regulatory agency of that state. The standards of another state shall not be deemed to be adequately enforced unless the other state provides for immediate written notification to the commissioner of suspensions or revocations of approvals of manufacturers by the other state.

2. (b) If the commissioner enters a reciprocity agreement with another state, then the commissioner will accept industrialized housing and buildings which have been inspected by the reciprocal state and which have the appropriate decal, label, or insignia of the reciprocal state. Manufacturers in the reciprocal state who construct industrialized housing and buildings for Texas will be subject to the following.

   1. (1) Manufacturers must be registered in Texas in accordance with §70.20 of this title (relating to the Registration of Manufacturers and Industrialized Builders). The manufacturer must submit evidence that its building system and compliance control program have been approved by the reciprocal state. The commissioner shall verify the approval and maintain a list of manufacturers approved under the terms of the reciprocity agreement.
   2. (2) Industrialized housing, buildings, modules, and modular components will be constructed in accordance with the codes referenced in §70.100 of this title (relating to Mandatory State Codes) and any amendments to those codes in accordance with §70.101 of this title (relating to Amendments to Mandatory State Codes). The code used will be determined in accordance with §70.102 of this title (relating to Use and Construction of Codes).
   3. (3) Review and approval of the manufacturer's design package will be in accordance with §70.70 of this title (relating to Responsibilities of the Registrants--Manufacturer's Design Package), except that the reciprocity agreement with the reciprocal state will accept the compliance control program approved by the reciprocal state for that manufacturer. All inspections performed by the reciprocal state must be in accordance with documents reviewed and approved by a council approved design review agency or the department when acting as a design review agency.
   4. (4) The manufacturer will assign a Texas decal or insignia to each module or modular component for Texas in accordance with §70.77 of this title (relating to Responsibilities of the Registrants--Decals and Insignia). The Texas decal or insignia will be placed in the vicinity of the decal, label, or insignia of the reciprocal state.
   5. (5) The manufacturer will permanently attach a data plate to each industrialized house or building in accordance with §70.71 of this title (relating to the Responsibilities of the Registrants--Manufacturer's Data Plate).
   6. (6) The manufacturer will submit a monthly report to the commissioner in accordance with §70.50 of this title (relating to Manufacturer and Builder Monthly Reports).
3. (c) If the commissioner determines that the standards for the manufacture and inspection of industrialized housing and buildings in a reciprocal state, with which the commissioner has entered a reciprocal agreement, do not meet the objectives of Texas Civil Statutes, Article 5221f-1, or are not being enforced by the reciprocal state, then the commissioner shall suspend or revoke the reciprocal agreement. The reciprocal state and affected manufacturers will receive written notification of the reasons for the suspension or revocation of the agreement.
4. (d) Written notification of suspension or revocation of a manufacturer by another state with which the commissioner has entered a reciprocal agreement will be cause to suspend or revoke the approval of that manufacturer to construct industrialized housing and buildings for Texas.

Source Note:The provisions of this §70.65 adopted to be effective November 16, 1993, 18 TexReg 7925.