16 Tex. Admin. Code § 70.77
Responsibilities of the Registrants--Decals and Insignia for New Construction
Effective Dec 1, 200328 TexReg 10458Source Note: The provisions of this §70.77 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 December 20, 2000, 25 TexReg 12385; amended to be effective December 1, 2003, 28 TexReg 10458.Texas Secretary of State
- (a) Decals are used for module certification and insignia are used for modular component certification. The department will issue decals and insignia to the manufacturer on application and payment of the fee following certification of the manufacturing facility in accordance with §70.60. It is the manufacturer's responsibility to assure that a certification inspection has been accomplished as outlined in §70.60. Each module or modular component of industrialized housing or buildings shall have the decal or insignia affixed thereto before leaving the manufacturing facility. It is the manufacturer's responsibility to assure that the in-plant inspection has been performed as outlined in §70.61 prior to affixing the decal or insignia. It is the manufacturer's responsibility to assure that the house or building is released only to an industrialized builder registered with this department or a person who has obtained an installation permit from this department. The decal or insignia shall be placed in a visible location as designated on the floor plan or on the cover or title sheet for each model or project in the on-site construction documentation and shall be permanently attached so that it cannot be removed without destruction. Decals or insignia shall not be placed on any readily removable item such as a cabinet door or other similar component. Location of the decal on the cover of the electrical distribution panel is acceptable.
- (b) Each decal or insignia shall be assigned to a specific module or modular component, and the manufacturer shall keep records as necessary to show, by decal or insignia number, the module or modular component (by identification number) to which the decal or insignia was assigned. The manufacturer shall keep complete records of all decals and insignia received, decals and insignia used, and those which are on-hand. The manufacturer shall maintain these records for a minimum of 5 years from the date the building is reported shipped in accordance with §70.50. These records shall be made available to the department or in-plant inspector on request. Assigned decals or insignia are not transferable and are void when not affixed as assigned. All decals or insignia which are voided must be returned to, or shall be confiscated by, the department.
- (c) By affixing the decal or insignia, the manufacturer certifies that the module or modular component is constructed and inspected in accordance with the approved design package, the mandatory building codes, and §70.62.
- (d) The control of the decals and insignia shall remain with the department. Should inspection reveal that the manufacturer is not constructing structures or any portion thereof in accordance with the approved design package, the manufacturer will be notified of the specific deviations. Deviations shall be corrected at a point in the construction process before they are covered or hidden by additional construction. Otherwise, the department (or third party inspector) shall confiscate any decals or insignia previously issued and presently on-hand at the manufacturing facility. In addition, new decals or insignia will not be issued until the manufacturer has shown proof of compliance.
Source Note:The provisions of this §70.77 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 December 20, 2000, 25 TexReg 12385; amended to be effective December 1, 2003, 28 TexReg 10458.