(a) The scope of this chapter is limited by Chapter 1202; accordingly, it does not apply to:      
        (1) mobile homes or HUD-code manufactured homes as defined in Texas Occupations Code, Chapter 1201;       
        (2) housing or buildings:                  (A) of open construction;                   (B) that are constructed of sectional or panelized systems not utilizing modular components; or                   (C) that are built of modules or modular components that are constructed at the installation site.                   (D) Exception: Relocatable educational facilities purchased or leased on or after January 1, 2010 are required to be certified regardless of where the facility is built.         
        (3) ready-built homes which are constructed so that the entire living area is contained in a single unit or section at a temporary location for the purpose of selling it and moving it to another location, provided that modular components are not used in the construction of the ready-built home. A temporary location would include a lumber yard, a vacant lot, or other similar area that is not used exclusively for the construction of buildings;       
        (4) a commercial building or structure that is:                  (A) installed in a manner other than on a permanent foundation; and                   (B) either:                      (i) is not open to the public; or                       (ii) is less than 1,500 square feet in total area and used other than as a school or a place of religious worship;           
        (5) buildings that are specifically referenced in the mandatory building codes as exempt from permits; or       
        (6) construction site buildings.       
      (b) The installation of an industrialized house or a permanent industrialized building that is moved from the first installation site to a new installation site is subject to the permitting and approval requirements of the local authorities.     
     Source Note:        The provisions of this §70.30 adopted to be effective April 13, 1990, 15 TexReg 1787; amended to be effective May 17, 2004, 29 TexReg 4867; amended to be effective June 1, 2006, 31 TexReg 4420; amended to be effective January 1, 2010, 34 TexReg 9409; amended to be effective October 1, 2016, 41 TexReg 7259; amended to be effective March 15, 2020, 45 TexReg 1674