(a) The manufacturer shall designate in writing to the department the third party inspection agency that will be performing in-plant inspections. A manufacturer may designate more than one third party inspection agency to perform in-plant inspections. However, once an agency has begun the in-plant inspection on the modules for a project or building, the manufacturer may not change inspection agencies for that project or building.     
      (b) The TPIA/TPI shall conduct announced or unannounced inspections at the manufacturing facility at reasonable, but varying, intervals to review any and all aspects of the manufacturer's production and compliance control program. It is the manufacturer's responsibility to assure that the inspections are accomplished as outlined in this subsection. The department will determine the frequency of modular component inspections.      
        (1) The TPIA/TPI shall conduct inspections in accordance with procedures established by the council.       
        (2) Inspection of every visible aspect of every module shall normally be made at least at one point prior to completion of the structural, plumbing, mechanical, or electrical phases. The department will determine the frequency of modular component inspections.       
        (3) Inspection of system testing shall be made at least once every third inspection. Inspection of a of the energy compliance design shall be made at every inspection. Exception: For buildings that are not required to meet the envelope requirements of the mandatory energy code, inspection of the energy compliance design shall be made at least once every 3rd inspection.       
      (c) Inspections at the manufacturing facility shall be increased in frequency as required by procedures established by the council or as necessary to assure that the manufacturer is performing in accordance with the approved compliance control manual.     
      (d) Third party inspection agencies shall provide the department a written schedule of inspections a minimum of seven days prior to the inspection. If the inspection must be rescheduled for any reason, the TPIA must immediately inform the department of the schedule change.     
      (e) The TPI/TPIA shall notify the manufacturer when an inspection shows that the manufacturer is not constructing structures or portions of structures in accordance with the approved design package or conducting compliance control inspections in accordance with the procedures in the approved design package. All deviations shall be documented by the TPI on the in-plant inspection report in accordance with the procedures approved by the council.     
      (f) The TPIA shall furnish the manufacturer a copy of the inspection report upon completion of the in-plant inspection. The report must be kept in the manufacturer's file at least five years and a copy shall be provided to the department upon request.     
     Source Note:        The provisions of this §70.72 adopted to be effective January 1, 2010, 34 TexReg 9409