Ala. Admin. Code r. 535-X-11-.05 - Certification Procedure And Requirements

(1) All manufactured buildings and components of manufactured buildings manufactured subsequent to the effective date of these rules and regulations adopted by the Commission and sold or offered for sale within the State of Alabama must bear an insignia of compliance issued by the department.

(2) All manufactured buildings bearing an insignia of compliance issued by the department shall be deemed to comply with the requirements of all ordinances or regulations enacted by any local government which are applicable to the manufacture of such buildings.

(3) No manufactured building for which an insignia is issued shall be in any way modified prior to or during installation unless approval is first obtained from the Commission.

(4) All manufactured buildings arriving at the site of installation in a damaged condition shall be reinspected in the field by the original inspecting agency, or the Commission may delegate an agency to perform the reinspection to validate the original insignia.

(5) Manufactured buildings shall be inspected at the manufacturing site on scheduled appointments and unscheduled appointments to review any and all procedures of the manufacture of manufactured buildings.

(6) All out-of-state manufactured buildings sold and to be installed in the State of Alabama not bearing an accepted insignia shall be required to obtain Commission approval of such manufactured buildings.

(7) Installation permits may be issued by the local government subject to approval by the Commission.

(8) When inspections at the site of installation or manufacture reveal it necessary to substantiate any structural design or method of construction, calculations and supporting data tests shall be performed by testing agencies acceptable to the department, and such tests shall be directed, witnessed, and evaluated by designated personnel of the Commission or the personnel of a testing agency approved by the Commission.

(9) Where there is evidence that in-plant inspections in out-of-state plants are not being performed in accordance with these rules, the Commission reserves the right to make out-of-state inspections or cancel the use of the authorized insignia issued by the Commission.

(10) In the event that any unit bearing the insignia of compliance is found to be in violation of the rules and requirements of the Commission prior to complete installation, the Commission shall red tag such unit which will prohibit the sale or shipment of the unit. The Commission shall furnish the owner or purchaser or his agent with a written statement of such violation. The owner, purchaser, or his agent may request a reinspection after corrective action has taken place to ensure such action has brought such manufactured building into compliance with the requirements of the department. The reinspection fee shall be paid by the manufacturer.

(11) Should inspection reveal that a manufacturer is not manufacturing manufactured buildings according to approved plans as submitted to the Commission, insignia previously issued shall be void and confiscated. Upon proof of compliance, said manufacturer may resubmit an application for acceptance.

(12) A final design plan approval shall be obtained from the Commission for each model of manufactured building and each component thereof which is subject to these rules and regulations.

(13) Design plan filing fees shall accompany the plans before such plans will be considered for approval.

(14) No design plan filing fees shall be refunded to the applicant once the process of approval has begun.

(15) Design plan approvals shall expire 12 months from the date of Commission approval. The responsibility of design plan renewal application rests with the manufacturer. A design plan renewal shall be made only for a plan identical to the one which had prior approval by the Commission.

(16) Approved copies and specifications of the design plan shall be returned to the manufacturer and shall be available for inspection use at each place of manufacture.

(17) Manufactured/modular building manufacturers shall use a third party inspection agency that has been approved by the Commission to verify that the construction of each unit is in compliance with the plans approved by the Commission. The "approved inspection agency" must affix their inspection label to the electrical panel door of each unit shipped. The inspection agency may obtain an annual certification application from the Commission. The certification shall be valid from October 1 until September 30 of each year.

(18) The manufacturer shall establish quality control procedures which he shall institute and carry out in his manufacturing facilities. These procedures shall be in a documented manual form and shall accompany design plan application for approval to the Commission. The Commission shall have the authority to review, approve, or reject any quality control program or procedures.

(19) When a manufacturer propounds to change, alter, or modify plans already approved by the Commission on any manufactured building or components thereof, he shall be required to submit to the Commission three sets of supplemental detailed design plans and specification data of such changes as he proposes. Fees for a modification plan shall accompany the application.

(20) A change in model name, name designation, or number designation may be changed if the manufacturer files a name or model name change application stating that no changes or modification in design plans are affected. There will be no filing fee for these changes.

(21) When there is a change of ownership or a controlling interest in ownership of a manufacturing business in manufactured buildings or components thereof, the new owner shall notify the Commission of such change within ten days after such change has taken place. To eliminate a new plan application and filing fees, the new owner must submit a statement in written form and notarized by a notary public that he will continue to manufacture in accordance with previously approved plans and Quality Control Manual procedures.

(22) When there is a change in the name or address of any manufacturer, the manufacturer shall notify the Commission within ten days after the change has occurred.

(23) When the amendment of these rules and regulations requires changes to an approved plan design, the Commission shall notify the manufacturer of such changes and shall allow the manufacturer ninety days from the date of such notification, or such additional time as the Commission shall deem reasonable, in which to submit revised plans to meet the requirements of any such amendment or amendments.

(24) The provisions of these rules are not intended to prevent the use of any material or method of construction not specifically prescribed by these rules, provided any such alternate has been approved by the Commission. The Commission shall approve any such alternate, provided it finds that the alternate for the purpose intended is at least the equivalent of that prescribed in these rules in quality, strength, effectiveness, fire resistance, durability, and safety. The Commission shall require that sufficient evidence or proof be submitted to substantiate any claim made regarding the alternate.

(25) All material submitted to the Commission by a manufacturer shall become property of the Commission upon receipt.

(26) If the manufacturer plans to produce at more than one location, the design plan approval will be processed by the Commission for each such location. The requirements for multiple manufacture will be the same as the single design plan for certification.

(27) All manufactured buildings and components shall bear a Commission insignia prior to leaving the manufacturing site unless otherwise authorized by the Commission. Each insignia shall be assigned and affixed to the inside face of the electrical panel door, located in the interior of the manufactured building unit. When there is an absence of an electrical panel, the insignia shall be placed on the inside of the entrance door or in close proximity thereof.

(28) Manufactured buildings and components that are manufactured within the state to be sold outside the state must have an out-of-state decal.

(29) Assigned insignia are not transferable and are void when not affixed as assigned.

(30) The control of the insignia shall always remain with the Commission and may be revoked by the Commission in the event the manufacturer is found in violation of the conditions of certification.

(31) Each manufacturer shall assign each manufactured building unit a manufacturer's serial number, and the insignia issued by the Commission shall have the coinciding or matching serial number.

(32) All manufactured buildings and each component thereof shall have attached thereto a data plate evidencing the specifications and load limitations of such unit. Each data plate shall consist of roof live load, snow load, wind load, and seismic zone.

(33) All manufacturers must file a shipping report for each unit of manufactured building sold. This report must include a description of the unit and its destination. The report must be mailed to the Commission three days prior to shipment.

Author: Jim Sloan

Notes

Ala. Admin. Code r. 535-X-11-.05

Filed February 6, 1990. Amended: Filed July 9, 2003; effective August 13, 2003. Amended: Filed November 8, 2004; effective December 13, 2004.

Statutory Authority: Code of Ala. 1975, §§ 24-4A-3, 24-6-4.