By: Armbrister S.B. No. 365
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 for One- and
1-10 Two-Family Dwellings" means the residential building code for
1-11 one-family and two-family dwellings promulgated by the
1-12 International Code Council.
1-13 (2) "Residential" means having the character of a
1-14 detached one-family or two-family dwelling or a multiple
1-15 single-family dwelling not more than three stories high with
1-16 separate means of egress, including the accessory structures of the
1-17 dwelling.
1-18 (3) "National Electrical Code" means the electrical
1-19 code published by the National Fire Protection Association.
1-20 Sec. 214.212. INTERNATIONAL RESIDENTIAL CODE. (a) To
1-21 protect the public health, safety, and welfare, the International
1-22 Residential Code, as it existed on May 1, 2001, is adopted as a
1-23 municipal residential building code in this state.
1-24 (b) The International Residential Code applies to all
1-25 construction, alteration, remodeling, enlargement, and repair of
2-1 residential structures in a municipality.
2-2 (c) A municipality may establish procedures:
2-3 (1) to adopt local amendments to the International
2-4 Residential Code; and
2-5 (2) for the administration and enforcement of the
2-6 International Residential Code.
2-7 (d) A municipality shall review and consider amendments made
2-8 by the International Code Council to the International Residential
2-9 Code after May 1, 2001.
2-10 Sec. 214.213. EXCEPTIONS. (a) The International
2-11 Residential Code does not apply to the installation and maintenance
2-12 of electrical wiring and related components. All residential
2-13 electrical construction applications are governed by the National
2-14 Electrical Code as it existed on May 1, 2001.
2-15 (b) A municipality shall not be required to review and
2-16 consider amendments to the electrical provisions made by the
2-17 International Code Council to the International Residential Code
2-18 after May 1, 2001.
2-19 (c) A municipality may use or adopt its existing or new
2-20 plumbing, air conditioning, heating, building, or other mechanical
2-21 codes if the municipality determines that the existing or new codes
2-22 are either substantially similar to or better to protect the public
2-23 health and safety than the International Residential Code.
2-24 SECTION 2. Subsections (a) and (d), Section 6A, Article
2-25 21.49, Insurance Code, are amended to read as follows:
2-26 (a) Except as otherwise provided by this Subsection, all
3-1 structures that are constructed or repaired or to which additions
3-2 are made on or after January 1, 2002 [1988], to be considered
3-3 insurable property for windstorm and hail insurance from the
3-4 Association, must be inspected or approved by the Board for
3-5 compliance with the building specifications in the plan of
3-6 operation including those structural provisions of the
3-7 International Residential Code as specified and adopted by the
3-8 commissioner of insurance under the plan of operation. All
3-9 structures that are constructed or repaired or to which additions
3-10 are made on or after January 1, 1988, and before January 1, 2002,
3-11 to be considered insurable property for windstorm and hail
3-12 insurance from the Association, must be inspected or approved by
3-13 the Board for compliance with the building specifications in the
3-14 plan of operation. Roofing materials satisfy the building
3-15 specifications in the plan of operation if those materials pass the
3-16 UL Standard 997 or a comparable test certified by the Board and are
3-17 installed as required by the Board to promote the wind resistance
3-18 of the materials. A structure constructed, repaired, or to which
3-19 additions were made before January 1, 1988, that is located in an
3-20 area covered at the time by a building code recognized by the
3-21 Association shall be considered an insurable property for windstorm
3-22 and hail insurance from the Association without compliance with the
3-23 inspection or approval requirements of this Section or the plan of
3-24 operation. A structure constructed, repaired, or to which
3-25 additions were made before January 1, 1988, that is located in an
3-26 area not covered by a building code recognized by the Association
4-1 shall be considered an insurable property for windstorm and hail
4-2 insurance from the Association without compliance with the
4-3 inspection or approval requirements of this Section or the plan of
4-4 operation if that structure has been previously insured by a
4-5 licensed insurance company authorized to do business in this State
4-6 and the risk is in essentially the same condition as when
4-7 previously insured, except for normal wear and tear, and without
4-8 any structural change other than a change made according to code.
4-9 Evidence of previous insurance includes a copy of a previous
4-10 policy, copies of canceled [cancelled] checks or agent's records
4-11 that show payments for previous policies, and a copy of the title
4-12 to the structure or mortgage company records that show previous
4-13 policies. To obtain a certificate of compliance as required by
4-14 this Section, a person must submit an application for windstorm
4-15 inspection to the unit responsible for windstorm inspection at the
4-16 Texas Department of Insurance before beginning to construct, alter,
4-17 remodel, enlarge, or repair a structure. The Board may appoint or
4-18 employ qualified inspectors as defined in this Section to perform
4-19 any inspections required by this Section.
4-20 (d) A "qualified inspector" includes:
4-21 (1) a person determined by the Board to be qualified
4-22 to perform building inspections because of training or experience;
4-23 (2) a licensed professional engineer meeting the
4-24 requirements of the rules adopted by the commissioner of insurance
4-25 for appointment to conduct windstorm inspections; and
4-26 (3) an inspector who is certified by the International
5-1 Code Council, the Building Officials and Code Administrators
5-2 International, Inc., the International Conference of Building
5-3 Officials, or the Southern Building Code Congress International,
5-4 Inc., who has certifications as a buildings inspector and coastal
5-5 construction inspector, and who complies with any other
5-6 requirements specified by the commissioner of insurance. A
5-7 qualified inspector must be approved and appointed or employed by
5-8 the Board to perform building inspections. The Board may charge a
5-9 reasonable fee not to exceed $200 for the filing of applications
5-10 and determining the qualifications of persons for appointment as
5-11 qualified inspectors.
5-12 SECTION 3. (a) Subchapter G, Chapter 214, Local Government
5-13 Code, as added by this Act, applies only to residential
5-14 construction, remodeling, alteration, or repair that begins under
5-15 an agreement made on or after January 1, 2002, or that begins, in
5-16 the absence of an agreement, on or after that date. Residential
5-17 construction, remodeling, alteration, or repair that begins under
5-18 an agreement made before January 1, 2002, or that begins, in the
5-19 absence of an agreement, before that date is governed by the law in
5-20 effect when the agreement was made or the activity began, as
5-21 appropriate, and that law is continued in effect for that purpose.
5-22 (b) Municipalities shall, before January 1, 2002, establish
5-23 rules and take other necessary actions to implement Subchapter G,
5-24 Chapter 214, Local Government Code, as added by this Act.
5-25 SECTION 4. This Act takes effect January 1, 2002, except
5-26 that Subsection (b), Section 3 of this Act, and this section take
6-1 effect September 1, 2001.