1. (a) When the building site is within a municipality that has a building inspection agency or department, the local building official will inspect all on-site construction done at the site and the attachment of the structure to the permanent foundation to assure completion and attachment in accordance with the design package, the on-site construction documentation, and any unique foundation system or on-site detailed drawings.

2. (b) When the building site is outside a municipality, or within a municipality that has no building department or agency, a third party inspector will perform the required inspections in accordance with this section and the inspection procedures established by the Texas Industrialized Building Code Council. The on-site inspection is normally accomplished in three phases: foundation inspection, set inspection, and final inspection. Site inspections are not required for the installation, on permanent foundations, of unoccupied industrialized buildings not open to the public with a gross area of less than or equal to 400 square feet, such as communication equipment shelters, that are not also classified as a hazardous occupancy by the mandatory building code. The builder, or installation permit holder, is responsible for scheduling each phase of the inspection with the third party inspector. Additional inspections will be scheduled as required for larger structures and to correct discrepancies. The industrialized builder, or installation permit holder, may utilize a different third party inspector for different projects, but may not change the inspector for a project once started without the written approval of the department. The inspector shall provide the builder or permit holder a copy of the site inspection report and shall keep a copy for a minimum of five years. The report may be in whatever format the inspector desires as long as the following information is included on the inspection report:

   1. (1) dates of all inspections;
   2. (2) the name, Texas registration number or license number, and signature of the inspector who performed the inspection;
   3. (3) the name and Texas industrialized builder registration number, or the installation permit number, of the person responsible for the foundation and installation. Installation permit numbers are assigned by the Department in accordance with §70.20;
   4. (4) the name and Texas registration number of the manufacturer of the modules or modular components inspected;
   5. (5) the name and address of the owner of the building or buildings inspected;
   6. (6) the complete site address of the modules or modular components inspected;
   7. (7) the Texas decal or insignia numbers and manufacturer's identification or serial numbers of the modules or modular components inspected;
   8. (8) the building codes the modules or modular components were designed to meet in accordance with the data plate on the building;
   9. (9) the occupancy group and the building construction type of the building in accordance with the data plate on the building;
   10. (10) a record of all system testing observed; and
   11. (11) the date and description of any deviations to the approved plans, unique site completion documentation, or mandatory building codes and the corrective action, including the date of the corrective action, taken by the industrialized builder, or installation permit holder. If no deviations were observed, then this shall be noted on the report. The inspector shall notify the department of any deviations that cannot be corrected or that the builder, or installation permit holder, refuses to correct.
3. (c) Destructive disassembly shall not be performed at the site in order to conduct tests or inspections, nor shall there be imposed standards or test criteria different from those required by the approved installation instructions, on-site construction documentation, and the applicable mandatory building code. Nondestructive disassembly may be performed only to the extent of opening access panels and cover plates.
4. (d) If an inspector finds a structure, or any part thereof, at the building site to be in violation of the approved design package and/or the unique on-site plans and specifications, the inspector shall immediately post a deviation notice and notify the industrialized builder or installation permit holder. The industrialized builder, or installation permit holder, is responsible for assuring that all deviations are corrected and inspected prior to occupation of the building.
5. (e) The industrialized builder, or installation permit holder, shall not permit occupancy of a structure until a successful final inspection has been completed and a certificate of occupancy issued by the local authorities. The industrialized builder, or installation permit holder, shall keep a copy of the inspection report for the site inspection in the files for a minimum of five years.

Source Note:The provisions of this §70.73 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 August 1, 1996, 21 TexReg 6619; amended to be effective June 13, 2001, 26 TexReg 4092; amended to be effective May 17, 2004, 29 TexReg 4867.