1. (a) The manufacturer shall not alter construction of the industrialized house or building from the approved design package. Industrialized builders or installation permit holders shall not alter construction performed at the installation site from the approved on-site construction documentation except in accordance with this section or §70.70(e) . Alterations of industrialized housing or buildings shall be as specified in this section.
2. (b) An alteration of an industrialized house or building prior to, or during installation, that results in a structure that does not comply with the mandatory building codes is prohibited. An alteration after installation of an industrialized building that is designed to be moved from one commercial site to another commercial site that does not comply with the mandatory building codes is prohibited. Alterations after installation of industrialized housing or permanent industrialized buildings shall be in accordance with the requirements of the local building code authorities.
3. (c) Repairs and work exempt from permit requirements as specified in the mandatory building codes referenced in §70.100 shall not be considered alterations.
4. (d) Alteration decals are used to certify alterations of industrialized buildings. Each decal is assigned to a specific module or modular component. The control of the decals shall remain with the department. The department will issue alteration decals to the third party inspection agency responsible for the inspections of the alterations upon application and payment of the fee for the decal by the industrialized builder. By affixing the decal the industrialized builder and third party inspection agency certify that the module has been altered and inspected in accordance with the mandatory building codes and this section. The third party inspector shall not affix the decal to any module where inspection reveals that the alteration does not comply with the approved alteration plans and specifications or the mandatory building codes.

5. (e) Alterations of industrialized housing and permanent industrialized buildings.

   1. (1) Prior to, or during, installation outside the jurisdiction of a municipality. The industrialized builder, or installation permit holder, shall submit the original approved plans and specifications for the house or building, as reference, along with a complete set of plans and specifications describing a proposed alteration to a design review agency for approval prior to construction in accordance with the procedures established by the Texas Industrialized Building Code Council. Alterations on the house or building shall not begin prior to approval of the plans and specifications and shall be performed only by persons licensed to perform this work. Inspections of alterations shall be performed by a third party inspector in accordance with procedures established by the Texas Industrialized Building Code Council. The third party inspection agency responsible for inspections for a project may not be changed without the written approval of the department. An alteration data plate shall be affixed to any house or building where the alteration results in a reclassification of the occupancy group or construction type, a change in the permissible type of gas required for appliances, or a change in the wind speed and exposure, maximum snow (roof) load, seismic design criteria, or special conditions or limitations. The data plate shall contain such information as specified in subsection (g). All records pertinent to the alteration, including a copy of the alteration data plate, shall be retained by the industrialized builder or installation permit holder for a minimum of 5 years and be made available to the department upon request;
   2. (2) Prior to installation within the jurisdiction of a municipality. Alterations prior to installation within a jurisdiction shall be in accordance with paragraph (1) of this subsection;
   3. (3) During, or after, installation within the jurisdiction of a municipality. Approval of plans and inspection of alterations shall be in accordance with the permitting and inspection procedures of the municipality.

6. (f) Alterations of industrialized buildings designed to be moved from one commercial site to another commercial site. An industrialized building designed to be moved from one commercial site to another commercial site, that is altered, may be recertified.

   1. (1) To recertify the building the industrialized builder shall:

      1. (A) provide the design review agency the current value of the building and a cost estimate for the alteration. With knowledge of the penalties for false statements the industrialized builder shall certify that the current value of the building and the cost estimate are true and accurate;
      2. (B) submit a copy of the original approved construction documents for the building to the design review agency for reference purposes;
      3. (C) submit a copy of the plans and specifications for alteration of the building to the design review agency for review and approval in accordance with the requirements established by the Texas Industrialized Building Code Council. The plans and specifications shall include the serial number assigned by the manufacturer and the Texas decal number or insignia number of each module or modular component;
      4. (D) not begin the alteration of the building prior to the approval of the alteration plans and specifications by the design review agency. The alteration shall be performed only by persons licensed to perform this work;
      5. (E) have the alteration inspected by a third-party inspector in accordance with the procedures established by the Texas Industrialized Building Code Council. The industrialized builder may not change the third party inspector for a project once started without the written approval of the department. A minimum of one rough in inspection and a final inspection of the alteration construction shall be required;
      6. (F) maintain all records pertinent to the alteration and make these records available to the Department upon request; and
      7. (G) purchase a decal from the Department to affix to each module. The alteration decal shall be released only to the third party inspection agency responsible for the alteration inspections.
   2. (2) The third party inspector shall affix the alteration decal to the each industrialized building module or modular component upon completion of the construction and successful completion of all required inspections. The decal shall be affixed in the vicinity of the original decal or insignia on the module or modular component.
   3. (3) An alteration data plate shall be affixed to any building, in the vicinity of the original data plate on the building, where the alteration results in a reclassification of the occupancy group or construction type, a change in the type of gas required for appliances, or a change in the wind speed and exposure, maximum snow (roof) load, seismic design criteria, or special conditions or limitations. The data plate shall contain such information as specified in subsection (g) of this section. A copy of the data plate shall be retained by the industrialized builder and be made available to the Department upon request.

7. (g) An alteration data plate shall be placed by the third party inspector on each altered house or building as required by this section. The data plate shall be supplied by the industrialized builder or installation permit holder. An alteration data plate shall be made of a material that will not deteriorate over time and shall be permanently placed so that it cannot be removed without destruction. The data plate shall be placed adjacent to the original data plate in an easily accessible location as designated in the alteration plans, but shall not be located on any readily removable item such as a cabinet door or similar component. Location of the data plate on the cover of the electrical distribution panel is acceptable. An alteration data plate shall contain, as a minimum, the information required on a manufacturer's data plate as required by §70.71(b)(2-11) plus the following information:

   1. (1) the name, address, and registration number assigned by the department of the industrialized builder, or the name, address, and installation permit number assigned by the department of the owner of the house or building; and
   2. (2) the Texas alteration decal numbers.

Source Note:The provisions of this §70.74 adopted to be effective April 13, 1990, 15 TexReg 1787; amended to be effective May 17, 2004, 29 TexReg 4867.