By Ritter H.B. No. 2411
77R8159 JMG-D
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) "Residential" means having the character of a
1-13 detached one- or two-family dwelling or a multiple single-family
1-14 dwelling not more than three stories high with separate means of
1-15 egress, including the accessory structures of the dwelling.
1-16 Sec. 214.212. INTERNATIONAL RESIDENTIAL CODE. (a) To
1-17 protect the public health, safety, and welfare, the International
1-18 Residential Code, as it existed on May 1, 2001, is adopted as a
1-19 municipal residential building code in this state.
1-20 (b) The International Residential Code applies to all
1-21 construction, alteration, remodeling, enlargement, and repair of
1-22 residential structures in a municipality.
1-23 (c) A municipality may establish procedures:
1-24 (1) to adopt local amendments to the International
2-1 Residential Code; and
2-2 (2) for the administration and enforcement of the
2-3 International Residential Code.
2-4 (d) A municipality shall review and consider amendments made
2-5 by the International Code Council to the International Residential
2-6 Code after May 1, 2001.
2-7 SECTION 2. Sections 6A(a) and (d), Article 21.49, Insurance
2-8 Code, are amended to read as follows:
2-9 (a) Except as otherwise provided by this Subsection, all
2-10 structures that are constructed or repaired or to which additions
2-11 are made on or after January 1, 2002 [1988], to be considered
2-12 insurable property for windstorm and hail insurance from the
2-13 Association, must be inspected or approved by the Board for
2-14 compliance with the building specifications in the plan of
2-15 operation, including those structural provisions of the
2-16 International Residential Code as specified and adopted by the
2-17 commissioner of insurance under the plan of operation. All
2-18 structures that are constructed or repaired or to which additions
2-19 are made on or after January 1, 1988, and before January 1, 2002,
2-20 to be considered insurable property for windstorm and hail
2-21 insurance from the Association, must be inspected or approved by
2-22 the Board for compliance with the building specifications in the
2-23 plan of operation. Roofing materials satisfy the building
2-24 specifications in the plan of operation if those materials pass the
2-25 UL Standard 997 or a comparable test certified by the Board and are
2-26 installed as required by the Board to promote the wind resistance
2-27 of the materials. A structure constructed, repaired, or to which
3-1 additions were made before January 1, 1988, that is located in an
3-2 area covered at the time by a building code recognized by the
3-3 Association shall be considered an insurable property for windstorm
3-4 and hail insurance from the Association without compliance with the
3-5 inspection or approval requirements of this Section or the plan of
3-6 operation. A structure constructed, repaired, or to which
3-7 additions were made before January 1, 1988, that is located in an
3-8 area not covered by a building code recognized by the Association
3-9 shall be considered an insurable property for windstorm and hail
3-10 insurance from the Association without compliance with the
3-11 inspection or approval requirements of this Section or the plan of
3-12 operation if that structure has been previously insured by a
3-13 licensed insurance company authorized to do business in this State
3-14 and the risk is in essentially the same condition as when
3-15 previously insured, except for normal wear and tear, and without
3-16 any structural change other than a change made according to code.
3-17 Evidence of previous insurance includes a copy of a previous
3-18 policy, copies of canceled [cancelled] checks or agent's records
3-19 that show payments for previous policies, and a copy of the title
3-20 to the structure or mortgage company records that show previous
3-21 policies. To obtain a certificate of compliance as required by
3-22 this Section, a person must submit an application for windstorm
3-23 inspection to the unit responsible for windstorm inspection at the
3-24 Texas Department of Insurance before beginning to construct, alter,
3-25 remodel, enlarge, or repair a structure. The Board may appoint or
3-26 employ qualified inspectors as defined in this Section to perform
3-27 any inspections required by this Section.
4-1 (d) A "qualified inspector" includes:
4-2 (1) a person determined by the Board to be qualified
4-3 to perform building inspections because of training or experience;
4-4 (2) a licensed professional engineer meeting the
4-5 requirements of the rules adopted by the commissioner of insurance
4-6 for appointment to conduct windstorm inspections; and
4-7 (3) an inspector who is certified by the International
4-8 Code Council, the Building Officials and Code Administrators
4-9 International, Inc., the International Conference of Building
4-10 Officials, or the Southern Building Code Congress International,
4-11 Inc., who has certifications as a buildings inspector and coastal
4-12 construction inspector, and who complies with any other
4-13 requirements specified by the commissioner of insurance. A
4-14 qualified inspector must be approved and appointed or employed by
4-15 the Board to perform building inspections. The Board may charge a
4-16 reasonable fee not to exceed $200 for the filing of applications
4-17 and determining the qualifications of persons for appointment as
4-18 qualified inspectors.
4-19 SECTION 3. (a) Subchapter G, Chapter 214, Local Government
4-20 Code, as added by this Act, applies only to residential
4-21 construction, remodeling, alteration, or repair that begins under
4-22 an agreement made on or after January 1, 2002, or that begins, in
4-23 the absence of an agreement, on or after that date. Residential
4-24 construction, remodeling, alteration, or repair that begins under
4-25 an agreement made before January 1, 2002, or that begins, in the
4-26 absence of an agreement, before that date is governed by the law in
4-27 effect when the agreement was made or the activity began, as
5-1 appropriate, and that law is continued in effect for that purpose.
5-2 (b) Municipalities shall, before January 1, 2002, establish
5-3 rules and take other necessary actions to implement Subchapter G,
5-4 Chapter 214, Local Government Code, as added by this Act.
5-5 SECTION 4. This Act takes effect January 1, 2002, except that
5-6 Section 3(b) and this section take effect September 1, 2001.