Texas Occupations Code Title 7, Chapter 1202 - Industrialized Housing And Buildings

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 1202.001 - General Definitions
  In this chapter: (1) "Commission" means the Texas Commission of Licensing and Regulation. (2) "Construction site building" means a commercial structure that is: (A) not...
• Texas Section 1202.002 - Definition Of Industrialized Housing
  (a) Industrialized housing is a residential structure that is: (1) designed for the occupancy of one or more families; (2) constructed in one or more...
• Texas Section 1202.003 - Definition Of Industrialized Building
  (a) An industrialized building is a commercial structure that is: (1) constructed in one or more modules or constructed using one or more modular components...

SUBCHAPTER B TEXAS INDUSTRIALIZED BUILDING CODE COUNCIL

• Texas Section 1202.004 - Relocatable Educational Facilities
  (a) In this section, "relocatable educational facility" means a portable, modular building capable of being relocated, regardless of whether the facility is built at the...
• Texas Section 1202.051 - Council Membership
  The Texas Industrialized Building Code Council consists of 12 members appointed by the governor as follows: (1) three members who represent the industrialized housing and...
• Texas Section 1202.052 - Membership Restrictions
  An engineer or architect member of the council may not: (1) be designated as, be employed by, or have an ownership interest in, an entity...
• Texas Section 1202.053 - Terms
  Council members serve staggered two-year terms, with the terms of half of the members expiring on February 1 of each even-numbered year and the terms...
• Texas Section 1202.054 - Presiding Officer
  The council shall annually elect one of its members as the council's presiding officer. Added by Acts 2001, 77th Leg., ch. 1421, Sec. 2, eff....
• Texas Section 1202.055 - Secretary; Personnel
  The executive director shall: (1) act as secretary of the council; and (2) provide personnel from the department necessary to perform staff functions for the...
• Texas Section 1202.056 - Reimbursement
  (a) A council member may be reimbursed for actual costs of travel to attend meetings but may not receive a per diem allowance for food...

SUBCHAPTER C COUNCIL AND COMMISSION POWERS AND DUTIES

• Texas Section 1202.057 - Quorum
  The vote of at least seven members present at a meeting or the written approval of at least seven members is required for the council...
• Texas Section 1202.101 - Rules; Orders
  (a) The commission shall adopt rules and issue orders as necessary to: (1) ensure compliance with the purposes of this chapter; and (2) provide for...
• Texas Section 1202.102 - Rules Providing For Registration And Regulation
  The commission by rule shall provide for registration and regulation of manufacturers or builders of industrialized housing or buildings. Added by Acts 2001, 77th Leg.,...
• Texas Section 1202.104 - Fees
  (a) The commission shall set fees, in amounts sufficient to cover the costs of the inspections described by this chapter and the administration of this...
• Texas Section 1202.105 - Approval Of Third-party Inspectors And Design Review Agencies
  (a) The council shall establish criteria for the approval of, and approve accordingly, all third-party inspectors and design review agencies. (b) The executive director shall...
• Texas Section 1202.106 - Applicability Of Other Law
  Sections 51.401 and 51.4041 do not apply to this chapter. Added by Acts 2003, 78th Leg., ch. 816, Sec. 10.006, eff. Sept. 1, 2003. Amended...

SUBCHAPTER D REQUIREMENTS AND STANDARDS FOR INDUSTRIALIZED HOUSING AND BUILDINGS

• Texas Section 1202.107 - Limitation On Certain Actions
  (a) Notwithstanding any other law, the commission, executive director, or department may not perform an inspection or investigation, open a complaint, or initiate an administrative...
• Texas Section 1202.151 - Building Codes
  (a) In addition to complying with Subsection (b) or (c), as applicable, industrialized housing and buildings must be constructed to meet or exceed the requirements...
• Texas Section 1202.152 - Building Code Amendment
  If a code described by Section 1202.151 is amended after January 1, 1985, the requirements and standards of the amended code shall be used in...
• Texas Section 1202.153 - Building Code Amendment: Municipality Or Other Political Subdivision
  (a) A municipality or other political subdivision may not require or enforce, as a prerequisite for granting or approving a building or construction permit or...
• Texas Section 1202.1535 - Effect Of Building Code Amendment
  (a) An industrialized building that bears an approved decal or insignia indicating that the building complies with the mandatory building codes and that has not...
• Texas Section 1202.154 - Design Review
  To ensure compliance with the mandatory building codes, the department or approved design review agency shall review all designs, plans, and specifications of industrialized housing...
• Texas Section 1202.155 - Council Stamp Of Approval
  (a) The department or approved design review agency shall place the council's stamp of approval on each page of the designs, plans, and specifications of...
• Texas Section 1202.156 - Council Determination Of Certain Questions Related To Industrialized Housing And Buildings
  (a) The council shall determine all questions raised by a municipality in connection with the review of designs, plans, and specifications of industrialized housing and...

SUBCHAPTER E INSPECTIONS

• Texas Section 1202.157 - Council Decisions Binding
  The decisions, actions, and interpretations of the council are binding on the department, third-party inspectors, design review agencies, and municipalities and other political subdivisions. Added...
• Texas Section 1202.201 - Inspection Procedures
  The council may issue instructions to establish procedures for inspecting the construction and installation of industrialized housing and buildings to ensure compliance with approved designs,...
• Texas Section 1202.202 - Department Inspections
  (a) To ensure compliance with the mandatory building codes or approved designs, plans, and specifications, the department shall inspect the construction of industrialized housing and...
• Texas Section 1202.203 - On-site Inspections
  (a) A municipal building official shall inspect all construction involving industrialized housing and buildings to be located in the municipality to ensure compliance with designs,...
• Texas Section 1202.204 - Rules Providing For Decals Or Insignia
  (a) The commission by rule shall provide for the placement of decals or insignia on each transportable modular section or modular component to indicate compliance...

SUBCHAPTER F MUNICIPAL AUTHORITY

• Texas Section 1202.205 - Reciprocity
  (a) The commission by rule may authorize an inspection of industrialized housing or buildings constructed in another state to be performed by an inspector of...
• Texas Section 1202.251 - Reservation Of Municipal Authority
  (a) Municipal authority is specifically and entirely reserved to a municipality, including, as applicable: (1) land use and zoning requirements; (2) building setback requirements; (3)...
• Texas Section 1202.252 - Municipal Regulation Of Industrialized Housing And Buildings
  (a) A municipality that regulates the on-site construction or installation of industrialized housing and buildings may: (1) require and review, for compliance with mandatory building...

SUBCHAPTER G PROHIBITED PRACTICES AND DISCIPLINARY PROCEDURES

• Texas Section 1202.253 - Municipal Regulation Of Single-family And Duplex Industrialized Housing
  (a) Single-family or duplex industrialized housing must have all local permits and licenses that are applicable to other single-family or duplex dwellings. (b) For purposes...
• Texas Section 1202.301 - Prohibited Practices
  (a) In this section, "person" means an individual, partnership, company, corporation, association, or other group, however organized. (b) A person may not construct, sell or...
• Texas Section 1202.302 - Denial Of Certificate; Disciplinary Action
  In addition to imposing sanctions allowed under Section 51.353, the commission may deny, permanently revoke, or suspend for a definite period and specified location or...

Last modified: September 28, 2016