77R10895 JMG-D
By Ritter H.B. No. 2411
Substitute the following for H.B. No. 2411:
By Howard C.S.H.B. No. 2411
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the adoption of a uniform residential building code for
1-3 use in the state.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 214, Local Government Code, is amended by
1-6 adding Subchapter G to read as follows:
1-7 SUBCHAPTER G. BUILDING CODES
1-8 Sec. 214.211. DEFINITIONS. In this subchapter:
1-9 (1) "International Residential Code" means the
1-10 International Residential Code for One- and Two-Family Dwellings
1-11 promulgated by the International Code Council.
1-12 (2) "National Electrical Code" means the electrical
1-13 code published by the National Fire Protection Association.
1-14 (3) "Residential" means having the character of a
1-15 detached one- or two-family dwelling or a multiple single-family
1-16 dwelling that is not more than three stories high with separate
1-17 means of egress, including the accessory structures of the
1-18 dwelling, and that does not have the character of a facility used
1-19 for the accommodation of transient guests or a structure in which
1-20 medical, rehabilitative, or assisted living services are provided
1-21 in connection with the occupancy of the structure.
1-22 Sec. 214.212. INTERNATIONAL RESIDENTIAL CODE. (a) To
1-23 protect the public health, safety, and welfare, the International
1-24 Residential Code, as it existed on May 1, 2001, is adopted as a
2-1 municipal residential building code in this state.
2-2 (b) The International Residential Code applies to all
2-3 construction, alteration, remodeling, enlargement, and repair of
2-4 residential structures in a municipality.
2-5 (c) A municipality may establish procedures:
2-6 (1) to adopt local amendments to the International
2-7 Residential Code; and
2-8 (2) for the administration and enforcement of the
2-9 International Residential Code.
2-10 (d) A municipality shall review and consider amendments made
2-11 by the International Code Council to the International Residential
2-12 Code after May 1, 2001.
2-13 Sec. 214.213. EXCEPTIONS. (a) The International
2-14 Residential Code does not apply to the installation and maintenance
2-15 of electrical wiring and related components.
2-16 (b) A municipality is not required to review and consider
2-17 adoption of amendments to the International Residential Code
2-18 regarding electrical provisions.
2-19 Sec. 214.214. NATIONAL ELECTRICAL CODE. The National
2-20 Electrical Code, as it existed on May 1, 2001, is adopted as the
2-21 municipal residential electrical construction code in this state
2-22 and applies to all residential electrical construction
2-23 applications.
2-24 SECTION 2. Sections 6A(a) and (d), Article 21.49, Insurance
2-25 Code, are amended to read as follows:
2-26 (a) Except as otherwise provided by this Subsection, all
2-27 structures that are constructed or repaired or to which additions
3-1 are made on or after January 1, 1988, to be considered insurable
3-2 property for windstorm and hail insurance from the Association,
3-3 must be inspected or approved by the Board for compliance with the
3-4 building specifications in the plan of operation. After January 1,
3-5 2002, in geographic areas specified by the commissioner of
3-6 insurance, the commissioner by rule may supplement the building
3-7 specifications in the plan of operation with the structural
3-8 provisions of the International Residential Code. Roofing
3-9 materials satisfy the building specifications in the plan of
3-10 operation if those materials pass the UL Standard 997 or a
3-11 comparable test certified by the Board and are installed as
3-12 required by the Board to promote the wind resistance of the
3-13 materials. A structure constructed, repaired, or to which
3-14 additions were made before January 1, 1988, that is located in an
3-15 area covered at the time by a building code recognized by the
3-16 Association shall be considered an insurable property for windstorm
3-17 and hail insurance from the Association without compliance with the
3-18 inspection or approval requirements of this Section or the plan of
3-19 operation. A structure constructed, repaired, or to which
3-20 additions were made before January 1, 1988, that is located in an
3-21 area not covered by a building code recognized by the Association
3-22 shall be considered an insurable property for windstorm and hail
3-23 insurance from the Association without compliance with the
3-24 inspection or approval requirements of this Section or the plan of
3-25 operation if that structure has been previously insured by a
3-26 licensed insurance company authorized to do business in this State
3-27 and the risk is in essentially the same condition as when
4-1 previously insured, except for normal wear and tear, and without
4-2 any structural change other than a change made according to code.
4-3 Evidence of previous insurance includes a copy of a previous
4-4 policy, copies of canceled [cancelled] checks or agent's records
4-5 that show payments for previous policies, and a copy of the title
4-6 to the structure or mortgage company records that show previous
4-7 policies. To obtain a certificate of compliance as required by
4-8 this Section, a person must submit an application for windstorm
4-9 inspection to the unit responsible for windstorm inspection at the
4-10 Texas Department of Insurance before beginning to construct, alter,
4-11 remodel, enlarge, or repair a structure. The Board may appoint or
4-12 employ qualified inspectors as defined in this Section to perform
4-13 any inspections required by this Section.
4-14 (d) A "qualified inspector" includes:
4-15 (1) a person determined by the Board to be qualified
4-16 to perform building inspections because of training or experience;
4-17 (2) a licensed professional engineer meeting the
4-18 requirements of the rules adopted by the commissioner of insurance
4-19 for appointment to conduct windstorm inspections; and
4-20 (3) an inspector who is certified by the International
4-21 Code Council, the Building Officials and Code Administrators
4-22 International, Inc., the International Conference of Building
4-23 Officials, or the Southern Building Code Congress International,
4-24 Inc., who has certifications as a buildings inspector and coastal
4-25 construction inspector, and who also complies with other
4-26 requirements specified by rule by the commissioner of insurance. A
4-27 qualified inspector must be approved and appointed or employed by
5-1 the Board to perform building inspections. The Board may charge a
5-2 reasonable fee not to exceed $200 for the filing of applications
5-3 and determining the qualifications of persons for appointment as
5-4 qualified inspectors.
5-5 SECTION 3. (a) Subchapter G, Chapter 214, Local Government
5-6 Code, as added by this Act, applies only to residential
5-7 construction, remodeling, alteration, or repair that begins under
5-8 an agreement made on or after January 1, 2002, or that begins, in
5-9 the absence of an agreement, on or after that date. Residential
5-10 construction, remodeling, alteration, or repair that begins under
5-11 an agreement made before January 1, 2002, or that begins, in the
5-12 absence of an agreement, before that date is governed by the law in
5-13 effect when the agreement was made or the activity began, as
5-14 appropriate, and that law is continued in effect for that purpose.
5-15 (b) Municipalities shall, before January 1, 2002, establish
5-16 rules and take other necessary actions to implement Subchapter G,
5-17 Chapter 214, Local Government Code, as added by this Act.
5-18 SECTION 4. This Act takes effect January 1, 2002, except that
5-19 Section 3(b) and this section take effect September 1, 2001.